For the purpose of the Zoning Ordinance, certain terms and words are defined as follows. Words used in the present tense include the future, and the plural includes the singular, and the singular the plural. The word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged, or designed to be used or occupied." Except where specifically defined, all words used in the Zoning Ordinance shall carry their customary meanings.
(1) “Accessory structure” means structure which is subordinate to the main building or structure on the same lot. This classification includes accessory buildings.
(2) “Accessory use” means use incidental, related, appropriate, and clearly subordinate to the main use of the lot or building, which accessory use does not alter the principal use of the subject lot or affect other properties in the zone.
(3) “Administrator” means the office, as appointed by Council, charged with the administration and enforcement of this Zoning Ordinance and shall be construed as though followed by the words "or authorized agent or representative".
(4) “Adult business establishments” means bookstores, bars, lounges, restaurants, theaters, or shops, which have more than 20% of their stock in trade, or fare, books, pictures, slides, films, media of electronic visual portrayal, or live entertainment, which are distinguished or characterized by their emphasis on matter or live conduct depicting, describing, exposing, or relating to sexual activities or anatomical areas.
(5) “Agriculture” shall include farming, agriculture, horticulture, viticulture, and the processing and sale of agriculture products from land under same ownership.
(6) “Alley” means any public or private dedicated way intended for vehicular service to the rear or side of property served by a street.
(7) “Alteration” means any change, addition or modification in construction or type of occupancy; any change in the structural members of a building such as walls, partitions, columns, beams, girders, or any change which may be referred to herein as "altered" or "reconstructed".
(8) “Antique shop” means an establishment primarily engaged in the sale of antiques.
(9) “Apartment unit” means a room or suite of two or more rooms with a single kitchen in a multiple family dwelling, occupied or suitable for occupancy as a dwelling unit for one family.
(10) “Arcade” means an establishment which provides five or more electronic, mechanical, or manually operated games which are activated by money or tokens or for which the participant pays money for the privilege of playing such electronic, mechanical, or manually operated games at such establishment.
(11) “Automobile repair” means general repair; engine rebuilding; rebuilding or reconditioning of motor vehicles; collision services such as body, frame or fender straightening and repair; overall painting; and vehicle rust-proofing.
(12) “Automobile sales” means the sale or rental of new or used motor vehicles or trailers.
(13) “Automobile service station” means a building or structure designed or used for the retail sale of a supply of fuels (stored only in underground tanks), lubricants, air, water and other separating commodities for motor vehicles, aircraft or boats, and includes the customary space and facilities for storage, minor repair or servicing, but does not include bumping, painting, refinishing, major repairs and overhauling, steam cleaning, rust-proofing, where the primary use of the premises is such, or high speed washing thereof.
(14) “Automobile wash establishment” means a building, or portion thereof, the primary purpose of which is that of washing motor vehicles.
(15) “Automobile wrecking or automobile dismantling” means the dismantling and/or wrecking of used motor vehicles or trailers, and/or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked vehicles or parts.
(16) “Awning” means a roof-like cover supported entirely from the exterior wall of a building, and installed over or in front of openings or windows in a building, and consisting of a fixed or movable frame and a top of canvas or other similar material covering the entire space enclosed between the frame and the building.
(17) “Bars and cocktail lounges” means establishments where alcoholic beverages are sold for consumption on the premises. This classification excludes restaurants and commercial recreation uses which may serve alcoholic beverages incidental to the primary use.
(18) “Basement” means a story partly underground and having more than fifty percent (50%) of its height below the average level of the adjoining ground. A basement should not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area, or in calculating living area unless specifically designed and constructed as living space.
(19) “Boarding house” means a dwelling where meals or lodging and meals are provided, for compensation to three or more persons, by pre-arrangement for definite periods of not less than one week. A boarding house is to be distinguished from a hotel, motel, or a convalescent or nursing home.
(20) “Building” means a permanent structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When the portion of a building is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building may be deemed a separate building.
(21) “Building area” means the space of a lot remaining after the minimum open space requirements of the Zoning Ordinance have been complied with.
(22) “Building, front line of” means the lines of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.
(23) “Building height” means the vertical distance as measured continuously along a line at existing grade bisecting the width of the lot to the highest point of a building or structure.
(24) “Building, main or principal” means a building in which is conducted the principal use of the lot on which it is situated.
(25) “Businesses.”
(1) “Central Business” includes comparison and convenience shops; personal, professional, business and financial services; public and semipublic uses and other activities of a comparable nature which contribute to the functions of a compact central area as determined by the Board.
(2) “Highway and General Business” includes commercial uses requiring locations on major thoroughfares and at intersections. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not lend themselves to a unified commercial center plan.
(26) “Business services” means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances, electronics, and machines used in homes or business.
(27) “Canopy” See "awning" as defined in this section, except that a canopy contains separate supporting posts and is not supported entirely from the exterior wall of a building.
(28) “Carport” means an unenclosed roofed area designed for the parking of motor vehicles.
(29) “Cemetery” means a place for burying the dead. This use may include a mortuary and chapel as secondary uses operated in conjunction with the cemetery.
(30) “Child care center” means any facility whatsoever which cares for one or more children under 18 years of age not related to the operator by blood, marriage, adoption or foster care responsibility, away from the child's own home, for periods of less than 24 hours per day, per child. Occasional extended stays may also be provided. Such facilities may be for profit or non-profit.
(31) “Church” means facilities for religious worship and incidental religious education, but not including private schools as defined in this section.
(32) “Clerk” means the Clerk of the Municipality of Delta, Ohio.
(33) “Clinic” means a facility which provides treatment which requires observation and recovery normally lasting one to five hours for illness, injury, abnormality or pregnancy. Such facilities may also provide examination, diagnosis, ambulatory care and outpatient services, but do not provide overnight care.
(34) “Club” means a building or portion thereof or premises owned or operated for a fraternal, literary, political or education purpose primarily for the exclusive use of its members and their guests.
(35) “Commercial recreation” means an establishment exclusively or primarily engaged in the provision of participant or spectator recreation or entertainment. This classification includes, but is not limited to, theaters, cinemas, performance art facilities, sports arenas, convention centers, amusement parks, bowling alleys, billiard parlors, ice/roller skating rinks, golf courses, miniature golf courses, swimming pools, hot tubs, tennis/racquetball courts, and arcades.
(36) “Commission “ means the Planning Commission of Delta, Ohio.
(37) “Community center” means a building, buildings, or portions thereof used for recreational, social, educational, and cultural activities which buildings are owned and/or operated by a public, nonprofit, or public serving group or agency.
(38) “Conditional use” means any use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Appeals.
(39) “Conditional use permit” means a permit issued by the Administrator upon approval by the Delta Village Board of Appeals to allow a use other than a principally permitted use to be established within the district.
(40) “Condominium” means an undivided interest in common of real property coupled with a separate interest in space called a "unit", the boundaries of which are described on a recorded final map, parcel map, or condominium plan in sufficient detail to locate all boundaries thereof. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. The description of the unit may refer to boundaries described in the recorded final map, parcel map, or condominium plan physical boundaries, either in existence, or to be constructed, such as wall, floors, and ceilings of a structure or any portion thereof, an entire structure containing one or more units, or any combination thereof. The portions of the real property held in undivided interest may be all of the real property, except for the separate interest, or may include a particular three dimensional portion thereof, the boundaries of which are described on a recorded final map, parcel map, or condominium plan. The area within these boundaries may be filled with air, earth, or water, or any combination thereof, and need not be physically attached to land except by easements for access and, if necessary, support. An individual condominium within a condominium project may include, in addition, a separate interest in other portions of the real property. This term shall also include stock-cooperative developments.
(41) “Council” means the Council of the Village of Delta, Ohio.
(42) “Crematoriums” means a structure containing a furnace to reduce a dead body to ashes with fire.
(43) “Customer work shop” means a building or part of a building where goods or services are produced to special order.
(44) “Day care center, adult” means a state licensed facility to provide necessary care and supervision to persons 18 years of age or older on less than a 24 hour basis. Adult day care centers include the various types of adult day services as defined under state law and periodically amended, which includes "adult day care facilities, adult social day care facilities, and adult day health care facilities".
(45) “Day care center, child” means a state licensed facility, other than a family day care home, providing nonmedical care and supervision to children under 18 years of age on less than a 24 hour basis. Child day care centers shall include "day care centers" as defined under state law and periodically amended, which includes infant centers, preschools, and extended day care facilities.
(46) “Deck” means a level, landscaped and/or surfaced area directly adjacent to a principal building at or within three feet (3') of the finished grade and not covered by a permanent roof. Deck shall include patio and terrace.
(47) “Density” means the number of dwelling units per acre of total land.
A. “Gross Density” means the number of dwelling units per acre of total land to be developed.
B. “Net Density” means the number of dwelling units per acre of land when the acreage only includes land devoted to residential use.
(48) “District, Zoning Districts” means administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the “district map” which is part of the Zoning Ordinance.
(49) “Drive-in establishment” means a business establishment so developed that its principal retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in, or momentarily stepped away from their motor vehicle, such as banks, laundry or dry cleaning pick-up establishments and restaurants.
(50) “Drive-up establishment” means an establishment or facility where goods or services are provided from windows or in drive through areas to customers in cars, or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line up of cars waiting in line for such goods or services.
(51) “Driveway” means an appropriately paved and privately owned surface or road which provides access to off street parking or loading facilities.
(52) “Duplex” means a building designed exclusively for occupancy by two families living independently of each other.
(53) “Dwelling” means any structure designed for use by human occupants for sleeping and living purposes, whether occupied or vacant and shall include factory built or manufactured structures.
(54) “Dwelling, multiple” means a building containing three or more dwelling units, or two or more dwelling units above the first and ground floor, or one or more dwelling units if the building contains a use other than a dwelling use. The words "multiple dwelling", "tenement house" and "apartment house" are synonymous.
(55) “Dwelling, single family” means a detached building designed for or occupied exclusively by one family.
(56) “Dwelling unit” means one or more rooms arranged for the use of one or more individuals as a single housekeeping unit, with cooking, living, sanitary and sleeping facilities excluding state approved group homes.
(57) “Easement” means any authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(58) “Emergency shelter” means a facility which provides room and board, protection, counseling and pre-placement screening for abused children or adults for a normal stay of not over thirty days per client. Such facility shall not provide intensive treatment or therapy services.
(59) “Essential services” means the erection, construction, alteration or maintenance by a public utility or municipal department or commission of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, wires, cables, fire alarm boxes, traffic signals, hydrants, towers, poles and other similar equipment and accessories reasonable in connection therewith for the furnishing of adequate service by such public utility or municipal department or commission for the public health or general welfare, but not including buildings other than such buildings as are primarily enclosures or shelters of the above essential service equipment.
(60) “Equipment leasing and rentals” means an establishment leasing or renting construction equipment, or horticultural or agricultural equipment, including storage and incidental maintenance.
(61) “Factory built housing” means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site.
(62) “Family” means one or more individuals occupying a dwelling unit and living as a single household unit.
(63) “Family care facility” means a facility licensed or supervised by an appropriate State, Federal or County agency to provide resident services and 24 hour supervision to five or fewer persons who are not related to the resident household. Such a facility is headed by agency approved staff and functions as a single housekeeping unit. These individuals may be handicapped, aged, disabled or in need of adult supervision and are provided service and supervision in accordance with their individual needs. This category includes: foster or boarding homes for children, group homes and family homes. (Ord. 99-2. Passed 3-1-99.)
(63.1) “Farm animals” means chickens, ducks, geese or any other fowl except as defined in Section 505.19, sheep, goats, horses, cattle, swine or any other hoofed animal.
(Ord. 09-14. Passed 3-16-09.)
(64) “Floor area, residential” means, for the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior wall. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
(65) “Food and beverage sales” means an establishment which is maintained, operated, and/or advertised or held out to the public as a place where the primary use is retail sales of food and beverages for off site preparation and consumption. Typical uses include grocery markets and delicatessens. This category does not include liquor stores.
(66) “Food manufacturing” means an establishment engaged in manufacturing, processing, and/or packaging of food products for wholesaling and distribution. This use may include incidental direct sale to consumers of the products manufactured on site, souvenirs, and ancillary tasting facilities for the public.
(67) “Food processing” means the preparation or processing of food products. Examples of activities included are bakeries and dairies.
(68) “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback line, or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(69) “Garage, commercial” means any premises used principally for the storage of automobiles or motor-driven vehicles for remuneration, hire or sale, where such vehicle or engine may also be equipped for operation, repaired, rebuilt or reconstructed, and where vehicles may be greased, washed or serviced except those described as private, community or storage garages available to the public.
(70) “Garage, private” means a building used primarily for the storage of motorized vehicles for the use of the occupants of a lot on which such building is located. The foregoing definition shall be construed to permit the storage on any one lot, for the occupants thereof, of not more than one commercial vehicle not exceeding a rated capacity of one ton.
(71) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
(72) “Greenbelt” mean an open area which may be cultivated or maintained in a natural state surrounding development or used as a buffer between land uses or to mark the edge of an urban or developed area.
(73) “Group home” means a facility wherein:
A. The operator is not legally related to the individuals supervised and is licensed by the federal, state, or county agency and wherein;
B. One or more individuals is provided with room, board, specialized and distinctive care and supervision in a family environment, or where five or more individuals reside and are provided with room, board, ordinary care and supervision in a family environment.
(74) “Health and physical fitness clubs” means private athletic clubs and gymnasiums, including but not limited to weight training facilities, aerobic exercise floors, racquetball courts, swimming pools, and similar athletic facilities.
(75) “Health services” means establishments primarily engaged in furnishing medical, surgical or other health services to individuals, including the offices of physicians, dentists, optometrists, massage therapists, ophthalmologist and other health practitioners, medical and dental laboratories, out-patient care facilities, blood banks and oxygen and miscellaneous types of medical supplies and services.
(76) “Home occupation” means an occupation carried on by the occupant(s) of a dwelling as a secondary use in connection with which there is no display, no walk- in customers, no stock in trade, nor commodity sold upon the premises, no person employed, and no mechanical equipment used, except such as is necessary for housekeeping purposes.
(77) “Hotel/motel” means a building occupied or used as a temporary abiding place of individuals or groups of individuals with or without meals, and in which there are more than five sleeping rooms.
(78) “House front” means that part of a residential dwelling where the formal entryway is to the main living area or where the street address is located.
(Ord. 99-2. Passed 3-1-99.)
(78.1) “Industrialized unit” means a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site of intended use. Industrialized 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. (Ord. 00-18. Passed 8-7-00.)
(79) “Industry” means those fields of economic activity including forestry, fishing, hunting and trapping, mining, construction, manufacturing, transportation, communication, electric, gas and sanitary services and wholesale trade.
(80) “Industry, general” means any manufactured or industrial production which by the nature of the materials, equipment and process utilized are objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water carried waste.
(81) “Industry, restricted” means any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall be conducted entirely within enclosed, substantially constructed buildings, involving the use of only light machinery and equipment and requiring no open storage of materials or equipment other than for the unloading or loading operations at the rear or within enclosures which abut a building. Permitted uses shall comply with the performance requirements specified in Section 1129.01, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: drugs, sporting goods, processing, assembly of glass products, small household appliances, electronic products and parts for production of finished equipment, research and testing laboratories, printing and engraving plants, bakeries and dairies.
(82) “Institution” means buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public or semipublic use.
(83) “Junk” means glass, paper, metal, waste or discarded articles.
(84) “Junk yard” means the use of a lot, or the use of any portion of a lot, for the dismantling of machinery or for the storage or keeping for sale of parts and equipment resulting from such dismantling or wrecking, or for the storage or keeping of junk, including scrap metals or other scrap materials.
(85) “Kennel” means any lot or premises on which three or more dogs, four months or older, are kept for the purpose of breeding, permanently or temporarily boarded or for sale.
(86) “Landscaping” means the planting and maintenance of live trees, shrubs, ground covers, and lawn areas, including the installation or irrigation systems required by the provisions of this chapter. "Landscaping" may include inorganic decorative
materials of natural or manmade origin if used to accent or complement, but in no case imitate, the natural vegetation. Inorganic decorative materials may include rock, stone, wood, waterfall, fountains, pools, sculptures, benches, and architectural screens, walls, and fences.
(87) “Loading space” means a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 ft. by 30 feet and a vertical clearance of at least 14 feet.
(88) “Lot” means a parcel of land occupied or intended to be occupied by one or more dwelling units in a residential district or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incidental thereto, including such open spaces and minimum area provisions as are required by this Zoning Ordinance for the district in which such lot is situated and having its principal frontage on an improved public street.
(89) “Lot area” means the total horizontal area within the lot lines of a lot exclusive of any portion of the right-of-way of any public thoroughfare.
(90) “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.
(91) “Lot double frontage” means a lot other than a corner lot having frontage on two more or less parallel streets. In the case of a row of double frontage lots, one street will be designated as the front street for all lots in the plat and in the request for a zoning permit. If there are existing structures in the same block fronting on one or both of the streets, required front yard set back shall be observed on those streets where such structures presently front.
(92) “Lot coverage” means the part or percent of the lot occupied by buildings or structures, including accessory buildings or structures.
(93) “Lot depth” means the mean horizontal distance from the front street line to the rear lot line.
(94) “Lot line” means the property line bounding the lot.
A. Front lot line: the line separating the lot from the street right-of-way.
B. Rear lot line: ordinarily that line of a lot which is opposite and farthest from the front lot line. In triangular or other odd shaped lots, the rear lot lines may need to be defined by the Planning Commission.
C. Side lot line: any lot line which meets the end of a front lot line, normally at an angle equal to or greater than 30 degrees.
(95) “Lot of record” means a lot which actually exists in a subdivision plat as shown on the records of the Fulton County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(96) “Lot width” means the horizontal distance between the side lot lines, measured at the two points where the minimum required building line or setback for the particular zoning district intersects the side lot lines.
(97) “Maintenance and repair services” means an establishment providing household appliance repair, furniture repair, office machine repair, bicycle repair or building maintenance services. This classification excludes maintenance and repair of motor vehicles, boats or ships. (Ord. 99-2. Passed 3-1-99.)
(98) “Manufactured home” means a non self-propelled building unit or assembly of closed construction fabricated in an offsite 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 or more sections, which, in the traveling mode, is eight body feet or more in width or forty 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 number of square feet in a structure’s exterior dimensions are measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows. (ORC 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, and other foundation, connection to utilities and the like. (Ord. 00-18. Passed 8-7-00.)
(99) “Manufactured home development” means a general category of development that includes manufactured home subdivisions and manufactured home parks.
(100) “Mayor” means the Mayor of Delta, Ohio.
(101) “Mini warehouse or self-storage facilities” means a warehouse operation serving the public where customers rent or lease, and have direct access to, individual storage areas, compartments, or rooms within a larger structure or structures provided for storage use. This use may include limited caretaker facilities.
(Ord. 99-2. Passed 3-1-99.)
(102) “Mobile home” means 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 eighty feet or more in width and more than thirty-five 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. (Ord. 00-18. Passed 8-7-00.)
(103) “Modular home” means a detached single family dwelling unit designed and constructed of closed construction sections or units for transportation in sections or units on a steel frame, flat bed truck or trailer, for assembly and permanent installation upon an approved permanent foundation, suitable for year-round occupancy and containing a flush toilet, sleeping accommodations, a bathtub or shower bath, kitchen facilities, and plumbing and electrical systems designed to be permanently connected to appropriate external systems, and accompanied by an insignia and/or letter of certification.
(104) “Monopole” means a support structure constructed to a single self-supporting hollow metal tube and secured to a foundation.
(105) “Motel”. See Hotel.
(106) “Municipality” means Delta, Ohio.
(107) “Nonconforming use” means any building, structure or land lawfully occupied by a use on the effective date of the Zoning Ordinance, or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(108) “Nursing home” means a facility licensed and regulated by the State of Ohio, which provides lodging and long-term skilled nursing care of aged, chronically ill or convalescent patients. This term does not include hospitals, clinics, or similar institutions.
(109) “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 and where each parking space has an area of not less than one hundred eighty (180) square feet, exclusive of access drives or aisles.
(110) “Open air business uses” means business uses not conducted from a wholly enclosed building or structure.
(111) “Open front store” means a business establishment so developed that service to the patron may be extended beyond the walls of the structure, not requiring the patron to enter such structure.
(112) “Open storage” means all outdoor storage of building material, equipment, vehicles and other materials.
(113) “Owner” means the owner or owners of the premises and includes the holder of title thereto, subject to contract of purchase, a vendee in possession; a mortgagee or receiver in possession; or a representative.
(114) “Personal convenience service” means an establishment providing recurrently needed services of a personal nature. This classification includes, but is not limited to, barber and beauty shops, seamstresses, tailors, shoe repair shops, photocopying, retail dry cleaning establishments (excluding wholesale dry cleaning plants), self service laundromats, and similar services. This classification excludes tattoo parlors.
(115) “Personal services” means any enterprise which primarily offers services to the general public.
(116) “Planned Unit Development” means an area of land, in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre- planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(117) “Planning Commission” means the Planning Commission of Delta, Ohio.
(118) “Plant cultivation” means the cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses.
(119) “Porch” means a roofed open area which may be glazed or screened, usually attached to or part of, and with direct access to or from a building. A porch becomes a room when the space enclosed is heated or air-conditioned and, if glazed, when the percentage of window area to wall area is less than fifty percent (50%).
(120) “Principal use” means the principal permitted use as provided in each district.
(121) “Professional activities” means the use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
(122) “Public lands” means public parks, schools and administrative and cultural buildings and structures, and public service facilities, including public land or buildings devoted solely to the storage and maintenance of equipment and materials.
(123) “Public service facility” means the erection, construction, alteration, operation, or maintenance of buildings, power plants or pumping stations, sewage disposal or plumbing plants 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 services and all other facilities, equipment and structures necessary for conducting a service by a government or public utility.
(124) “Recreational facilities”.
A. “Noncommercial recreational facilities” 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.
B. “Commercial recreational facilities” means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, skating rinks, riding stables, race tracks, carnivals and similar commercial enterprises.
(125) “Restaurant” means an establishment whose principal business is the sale of foods, frozen desserts or beverages to the customer in a ready-to-consume state.
A. “Drive-in” means foods, frozen desserts or beverages served directly to the customer in a motor vehicle either by a car-hop or by other means which eliminates the need for the customer to exit the motor vehicle.
B. “Fast-foods” means foods, frozen desserts or beverages served to the customer either within the restaurant building or for carry-out.
C. “Carry-out” means food, frozen desserts or beverages served to the customer in edible containers, or in paper, plastic or other disposable containers with consumption off the premises.
D. “Standard” means foods, frozen desserts or beverages served to the customer by a restaurant employee at the same table or counter at which such items are consumed.
E. “Cafeteria” means foods, frozen desserts or beverages served to the customer in a line which is then taken to a table or counter by the customer for consumption.
(126) “Residential floor area” means the interior floor area of a dwelling, including stairways, halls and closets, but not including basements, porches, garages, breezeways or carports.
(127) “Retail service” means establishments providing services or entertainment, as opposed to products, to the general public.
(128) “Retail sales” means establishments engaged in selling goods or merchandise to the general public for personal or household use and rendering service incidental to the sale of such goods.
(129) “Roadside stand” means a structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal products.
(130) “Rooming house”. See Boarding House.
(131) “Semipublic (Quasi Public Use)” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable, or philanthropic or nonprofit nature.
(132) “Setback” means the minimum horizontal distance between the principal building or structure, (excluding steps) and the front, side and back lot line.
(Ord. 99-2. Passed 3-1-99.)
(132.1) “Single Family Dwellings” means detached, individual dwelling units, which accommodate one family related by blood, adoption, or marriage; or up to five unrelated individuals living as one household unit. The type of construction of such units shall conform either to the OBOA, or CABO “One and Two Family Dwelling Code”, or other applicable building code, or be classified as an “Industrialized Unit” under the Ohio Basic Building Code, or conform to the Ohio Revised Code (ORC 303.212 - counties; ORC 591.212 - township) definitions of permanently sited manufactured housing, as follows:
Permanently Sited Manufactured Housing must:
A. Be constructed pursuant to the HUD Code Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C.A. 5414, certifying compliance with all federal construction and safety standards.
B. Be attached to a permanent frost-free foundation (slab, crawl space foundation or full foundation).
C. Be connected to appropriate utilities.
D. Have a length of at least twenty-two feet of living area, or whatever greater square footage is uniformly required by zoning.
E. Have at least 900 square feet of living area, or whatever greater square footage is uniformly required by zoning.
F. Have conventional residential siding (i.e. lap, clapboard, shake masonry vertical natural materials), a six inch minimum eave overhang, and a minimum “a” roof pitch of 3:12.
G. Have removed its indicia of mobility (temporary axles, trailer tongue, running lights) upon placement upon its foundation.
H. Be intended to be assessed and taxed as permanent real estate, not personal property. The title for such structure shall be surrendered to the County Auditor upon its placement upon its permanent foundation, and such surrender shall be notice to the Auditor to tax said structure as real estate from that day forward.
I. Meet all applicable zoning requirements uniformly imposed on all single family dwellings in the particular district, (excepting contrary requirements for minimum roof pitch and requirements that do not comply with HUD code standards for manufactured housing). (Ord. 00-18. Passed 8-7-00.)
(133) “Site plan” means a plan, to scale, showing uses and structures proposed for a parcel of land as required by the regulations of this Zoning Ordinance. It includes lot lines, streets, building sites, reserved open spaces, buildings, major landscape features, both natural and manmade, and locations of proposed utility lines.
(134) “Site plan review” means the process whereby the Planning Commission shall review the site plans and maps of developer to assure that they meet the stated purposes and standards of the zoning district, provide for the necessary public facilities such as roads and schools, and protect and preserve topographical features and adjacent properties through appropriate siting of structures and landscaping.
(135) “Solicitor” means the Solicitor of Delta, Ohio.
(136) “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 two- thirds of its volume is above the average level of the adjacent ground.
(137) “Street line, right-of-way line” means a dividing line between a lot, tract or parcel of land and contiguous street.
(138) “Structure” means anything constructed or erected other than a building, the use of which requires permanent location on the ground, or attached to something having a permanent location of the ground, including but without limiting the generality of the foregoing, advertising signs, billboards, and backstops for tennis courts.
(139) “Structure alteration” means any change in the supporting members of a building or structure, such as bearing walls or partitions, columns, beams or girders, or any change in the width or number of exits, or any substantial change in the roof.
(140) “Swimming pool” means any structure or container including hot tubs or similar structures located above or below grade, designed to hold water to a depth of greater than eighteen inches (18"), and intended for swimming or wading. A swimming pool shall be considered an accessory use and shall be subject to the regulations of this Zoning Ordinance.
(141) “Tent” means a shelter of canvas or the like supported by poles and fastened by cords or pegs driven into the ground and does not include those types of tents used solely for children's recreational purposes.
(142) “Temporary buildings and uses” means a structure or use permitted to exist during periods of construction of the main use of the lot or for special events for periods of not more than six months.
(143) “Tower” means a self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
(144) “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 (1) or more common walls.
(145) “Trailer, small utility” means any trailer drawn by passenger automobile, used for the occasional transport of personal effects.
(146) “Travel trailer” means a licensed vehicle, motorized or non-motorized, built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes.
(147) “Trucking terminal” means storage and distribution facilities having more than five heavy trucks (having a rating of more than 10,000 pounds and/or an unladen weight of more than 6,000 pounds) on the premises at any one time, but excluding trucking accessory to another industrial use on the site.
(148) “Variance” means a variance is a relaxation of requirements where such variation will not be contrary to the public interest and where, owning to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Zoning Ordinance would result in unnecessary and undue hardship.
(149) “Vehicle” means every device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices other than bicycles moved by human power.
(150) “Veterinary animal hospital” means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation.
(151) “Warehouse retail” means an off-price or wholesale retail/warehouse establishment exceeding 70,000 square feet of gross floor area and offering a full range of general merchandise to the public.
(152) “Warehouse retail, speciality” means an off-price or wholesale retail/warehouse establishment exceeding 30,000 square feet of gross floor area and offering a limited range of merchandise, serving both wholesale and retail customers.
(153) “Wholesale trade” means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesales; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(154) “Wireless Telecommunication Facility” means any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower antenna support structure. However, the term wireless telecommunications facilities shall not include:
A. Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or commercial.
B. Any satellite earth station antenna one meter or less in diameter, regardless of zoning category.
C. Antennas used by amateur radio operators.
(155) “Yard” means an open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(156) “Yard, front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of- way and the main building or any projection thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(157) “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps, or unenclosed porches.
(158) “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 a side lot and the side of the main building or any projections thereof.
(159) “Zero lot line” means the location of a building on a lot in such a manner that one or more of the building sides rest directly on the lot line.
(160) “Zoning Administrator or Inspector” means the official of the Village of Delta or his authorized representative responsible for the enforcement of this Zoning Ordinance. The Zoning Administrator is appointed by the Mayor and confirmed by the Council.
(161) “Zoning Certificate” means a document authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(162) “Zoning District Map” means the Zoning District Map or maps of the municipality, together with all amendments subsequently adopted.
(Ord. 99-2. Passed 3-1-99.)