For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE (OR STRUCTURE). A use, object or structure constructed or installed on, above or below the surface of a parcel, which is located on the same lot as a principal use, object or structure, and which is subordinate to or serves the principal use, object or structure, is subordinate in area to the principal use, object or structure, and is customarily incidental to the principal use, object or structure. Among other things, ACCESSORY USE includes anything of a subordinate nature attached to or disattached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels and billboards. Except as otherwise required in this chapter, an ACCESSORY USE shall be a permitted use.
ADULT ENTERTAINMENT BUSINESS. An adult book store, adult motion picture theater, adult drive-in motion picture theater or an adult only entertainment establishment as further defined in § 155.221.
AGRICULTURE. The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory use for packing, treating or storing the produce; provided, however that:
(1) The operation of any such accessory use shall be secondary to that or normal agricultural activities; and
(2) The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet or any residential zoning district. AGRICULTURE does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
AIRPORT. Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings, and open spaces.
ALLEY. See THOROUGHFARE.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
AUTOMOTIVE, MOBILE HOME, TRAVEL TRAILER, AND FARM IMPLEMENT SALES. The sale or rental of new and used motor vehicles, mobile homes, travel trailers or farm implements, but not including repair work except incidental warranty repair of the same, to be displayed and sold on the premises.
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE WRECKING. The dismantling or wrecking of used motor vehicles, mobile homes, trailers or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT. A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground. See STORY.
BUILDING. Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
BUILDING, ACCESSORY. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
BUILDING, HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
BUILDING LINE. See SETBACK LINE.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS, CONVENIENCE. Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities and grocery stores, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.
BUSINESS GENERAL. Commercial uses which generally require locations on or near major thoroughfares and/or their intersection, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances and furniture; department stores; and discount stores.
BUSINESS HIGHWAY. Commercial uses which generally require location on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling station; truck and auto sales and service; restaurants and motels; and commercial recreation.
BUSINESS, OFFICE TYPE. Quasi-commercial used which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic or religious or educational nature are also included in this classification.
BUSINESS SERVICES. Any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
BUSINESS, WHOLESALE. Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobber, other wholesale establishments or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product or for use by a business service.
CEMETERY. Land used or intended to be used for the burial or the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
CHANNEL. A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
CHILD DAY-CARE. Administering to the needs of infants, toddler, pre-school children and school children outside of school hours by persons other than their parents or guardians, custodians or relatives by blood, marriage or adoption for any part of the 24-hour day in a place or residence other than the child’s own home. The following are child day-care facilities:
(1) CHILD DAY-CARE CENTER. Any place in which child day-care is provided, with or without compensation, for 13 or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to 12 children at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises shall be counted.
(2) TYPE A FAMILY DAY-CARE HOME. A permanent residence of the administrator in which child day-care is provided for four to 12 children at any one time, if four or more children are under two years or age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises of the Type A home shall be counted. The term TYPE A FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(3) TYPE B FAMILY DAY-CARE HOME. A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises of the Type B home shall be counted. The term TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
CLINIC. A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, but who are provided with board or room or kept overnight on the premises.
CLUB. A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
COMMERCIAL ENTERTAINMENT FACILITIES. Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the village showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Administrator upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
CONDOMINIUM. A building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.
CORNER LOT. See LOT TYPES.
CUL-DE-SAC. See THOROUGHFARE.
DEAD-END STREET. See THOROUGHFARE.
DENSITY. A unit of measurement expressing the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DENSITY BONUS. An increase in the number of allowable dwelling units per acre granted for some specific reason, such as the provision of lower-income housing, as provided for in the zoning regulations.
DISTRICT. A part, zone or geographic area within the municipality within which certain zoning or development regulations apply.
DWELLING. Any building or structure (except a house vehicle, travel trailer or mobile home as defined by R.C. § 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
DWELLING, INDUSTRIALIZED UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.
DWELLING, MULTI-FAMILY. A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY). A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
DWELLING, SINGLE-FAMILY. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A dwelling consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
DWELLING UNIT. Space within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
EASEMENTS. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ELDERLY HOUSEHOLD. Not more than three persons, related or unrelated, who occupy a single dwelling unit, of whom one person is elderly.
ELDERLY HOUSING FACILITY. A building or buildings containing 12 or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semi-independent living. For the purposes of this definition, ELDERLY HOUSING FACILITY shall not include convalescent homes, nursing homes, group residential facilities or homes for the aged.
ELDERLY PERSON. Any person who is 62 years of age or older, or any person under 62 years of age who is handicapped such that his or her physical impairments are of a long-term duration and impede his or her ability to live independently without a suitable housing environment.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission, or distribution systems, collection, communication, supply or disposal systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection there with which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
FACTORY-BUILT HOUSING. 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. For the purpose of this chapter, FACTORY-BUILT HOUSING shall include the following:
(1) MANUFACTURED HOME. Any nonself-propelled vehicle 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 and designed to be used as a dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning and electrical systems contained therein, and which bears a label certifying that it is built in compliance with federal manufactured housing construction and safety standards.
(2) MOBILE HOME. A transportable, factory-built home, designed to be used as a year- round dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976, being 42 U.S.C. §§ 5401 et seq.
(3) MODULAR HOMES. Factory-built housing certified as meeting the local or State Building Code as applicable to modular housing. Once certified by the state, MODULAR HOMES shall be subject to the same standards as site-built homes.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided, however, that FAMILY shall not include more than four persons unrelated to each other by blood, marriage or legal adoption, except for Class I Type B group residential facilities.
FARM VACATION ENTERPRISES (PROFIT OR NON-PROFIT). Farms adapted for use as vacation farms, picnicking and sport areas, fishing waters, camping, scenery and nature recreation areas; hunting areas; hunting preserves and watershed projects.
FEEDLOT. A relatively small, confined land area for fattening or temporarily holding cattle for shipment.
FENCE. A permitted accessory use in certain zoning districts. See each district for permitted type and specifications for erection of same. Under this zoning chapter, any and all fences shall be erected a minimum of two feet from the property line so that the owner of the fence and property may be able to maintain both sides thereof. By written, mutual agreement of adjoining property owners, a FENCE may be erected on the property line.
FLOODPLAIN. The land, including the flood fringe and the floodway, subject to inundation by the regional flood.
FLOOD, REGIONAL. Large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the on 100-year recurrence interval flood.
FLOODWAY. The portion of the floodplain, including the channel, which is reasonable required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the FLOODWAY.
FLOODWAY FRINGE. The portion of the floodplain, excluding the floodway, where development may be allowed under certain restrictions.
FLOOR AREA OF A NONRESIDENTIAL BUILDING (TO BE USED IN CALCULATING PARKING REQUIREMENTS). The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and fitting rooms and similar areas.
FLOOR AREA OF A RESIDENTIAL BUILDING. The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
FLOOR AREA, USABLE. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
FOOD PROCESSING. The preparation, storage or processing of food products. Examples of these activities include bakeries, dairies, canneries and other similar businesses. The processing of live animals is excluded from this definition.
GARAGE, PRIVATE. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:
(1) Not more than one space is rented for parking to persons not resident on the premises;
(2) No more than one commercial vehicle per dwelling unit is parked or stored; and
(3) The commercial vehicle permitted does not exceed two tons capacity.
GARAGE, PUBLIC. A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
GARAGE, SERVICE STATION.
(1) Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where in addition, the following services may be rendered and sales made:
(a) Sales and service of spark plugs, batteries and distributors parts;
(b) Tire servicing and repair, but not recapping or regrooving;
(c) Replacement of mufflers and tail pipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease containers, wheel bearings, mirrors and the like;
(d) Radiator cleaning and flushing;
(e) Radiator welding and repair;
(f) Greasing and lubrication;
(g) Providing and repairing fuel pumps, oil pumps and lines;
(h) Minor servicing and repair of carburetors;
(i) Adjusting and repairing brakes;
(j) Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
(k) Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principle operations;
(l) Provisions of road maps and other informational material to customers, provision or restroom facilities; and
(m) Warranty maintenance and safety inspections.
(2) Uses permissible at a filling station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operation condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A filling station is not a repair garage nor a body shop.
GROUP RESIDENTIAL FACILITY.
(1) A group residential facility is a community residential facility, licensed and/or approved and regulated by the state, which provides rehabilitative or habilitative services.
(2) There are two classes of GROUP RESIDENTIAL FACILITIES.
(a) CLASS I. Any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a home for the care of rehabilitation of dependent or predelinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A CLASS I TYPE A GROUP RESIDENTIAL FACILITY contains six or more residents, exclusive of staff. A CLASS I TYPE B GROUP RESIDENTIAL FACILITY contains five or less residents, exclusive of staff.
(b) CLASS II. Any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug abusers, provided that detoxification is expressly prohibited on such premises. A CLASS II TYPE A GROUP RESIDENTIAL FACILITY contains six or more residents, exclusive of staff. A CLASS II TYPE B GROUP RESIDENTIAL FACILITY contains five or less residents, exclusive of staff.
HISTORIC AREA. A district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form and architectural detail, or because of their being a part of or related to a square, park or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.
HOME OCCUPATION. An accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted entirely within the dwelling unit, or elsewhere on the premises by a conditional use permit, without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, baby-sitting, tax consulting and the like shall involve not more than three receivers of such services at any one time.
HOTEL or MOTEL and APARTMENT HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house or dormitory which is herein separately defined.
INSTITUTION. Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.
JUNK BUILDINGS, JUNK SHOPS, JUNK YARDS. Any land, property, structure, building or combination of the same, on which junk is stored or processed.
KENNEL. Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space. All OFF-STREET LOADING SPACES shall be located totally outside of any street or all right-of-way.
LOCATION MAP. See VICINITY MAP.
LOT.
(1) For the purposes of this chapter, a LOT is 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.
(2) Such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record; or
(c) A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of record.
LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under YARDS in this section.
LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT MEASUREMENTS. A lot shall be measured as follows.
(1) DEPTH. The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost point of the side lot lines in the rear.
(2) WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot of parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Terminology used in this chapter with reference to corner lots, interior lot and through lots is as follows.
(1) CORNER LOT. 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 straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
(2) INTERIOR LOT. A lot with only one frontage on a street.
(3) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.
(4) THROUGH LOT. 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.
MAJOR THOROUGHFARE PLAN. The portion of comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector and local thoroughfares within the appropriate jurisdiction.
MAINTENANCE AND STORAGE FACILITIES. Land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.
MANUFACTURED HOME PARK. Any lot upon which two or more manufactured homes are located for residential use, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended to be used as a part of the facilities of such park.
MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating processing, storing, separating, cleaning or marketing of any mineral natural resource.
MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.
MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operation; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
MOBILE HOME. Any 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, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of 30 feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq.
MOBILE HOME PARK. Any site, or tract of land under single ownership, upon which three or more mobile homes 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 a part of the facilities of such park.
NONCOMMERCIAL RECREATIONAL FACILITIES. Private and semi-public recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses, game preserves, hunting and trapping, and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools. NONCOMMERCIAL RECREATION FACILITIES may be leased to outside groups or organizations provided the fee for such purpose is limited to incidental maintenance and custodial expenses.
NONCONFORMITIES. Lots, used of land, structures and uses of structures and land in combination lawfully existing at the time of enactment of this chapter or its amendments which do not conform to the regulations of the district or zone in which they are situated, and are therefore incompatible.
NURSERY, NURSING HOME. A home or facility for the care and treatment of babies, children, pensioners or elderly people.
NURSERY, PLANT MATERIALS. Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs or plants offered for retail sale on the premises including products used for gardening or landscaping.
OPEN SPACES. An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental feature, water areas, swimming pools and tennis courts, any other recreational facilities that the Planning (Zoning)) Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
OVERLAY DISTRICT. A district described by the zoning map within which, through super-imposition of a special designation, further regulations and requirements apply in addition to those of the underlying districts to which such designation is added.
PARKING SPACE, OFF-STREET. For the purpose of this chapter, an OFF-STREET PARKING SPACE shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer with the village 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 subdivider’s agreement.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types and subordinates 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.
PLANNING COMMISSION. Shall be made up of three citizens of the village, one current Council person and the Mayor. This Commission shall have the power and duties assigned to the Planning Commission as well as the Zoning Board of Appeals. In any section where one or the other is referred to, it shall be construed to mean the PLANNING COMMISSION.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers and similar professions.
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation or maintenance of building, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping 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.
PUBLIC USES. Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
QUASIPUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or non-profit nature.
RECREATION CAMP. An area of land on which two or more travel trailers, campers, tents or other similar temporary recreation structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
RECREATION FACILITIES. Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
RECREATIONAL GAMING FACILITIES. Any place of business utilizing legal games of skill.
RESEARCH ACTIVITIES. Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.
ROADSIDE STAND. A temporary structure designed or used for the display or sale of agricultural and related products.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
SATELLITE SIGNAL RECEIVER. Dish-type satellite signal-receiving antennas, earth station or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system or multi-point distribution service system, shall mean one, or a combination or two or more of the following:
(1) A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources;
(2) A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer or transmit signals; and
(3) A coaxial cable whose purpose is to convey or transmit signals to a receiver.
SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews or space for loose chairs.
SETBACK LINE. A line established by the zoning chapter, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said code. See YARD.
SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for 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.
SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
SIGN. Any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, person, service, product, event, location, organization or the like, by means of letter, words, designs, colors, symbols, fixtures, images or illuminations.
(1) SIGN, ILLUMINATED. Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
(2) SIGN, LIGHTING DEVICE. Any light, string of lights or group of lights located or arranged so as to cast illumination on a sign.
(3) SIGN, OFF-PREMISES. Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is offered.
(4) SIGN, ON-PREMISES. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
(5) SIGN, PROJECTING. Any sign which projects from the exterior of a building.
SPECIAL DISTRICT. A zoning district created to meet the needs of an area experiencing unusual problems, or one that is designed to meet special needs.
STORY. The part of a building between the surface of a floor and the ceiling immediately above. See BASEMENT.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other thing, STRUCTURES include building, mobile homes, walls, fences and billboards.
SUBDIVISION. The division of a lot, tract or parcel into two or more lots, tracts or parcels or other division of land for sale, development or lease.
SUPPLY YARDS. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
SWIMMING POOL. A pool, pond, lake or open tank containing at least one and one-half feet of water at any point and maintained by the owner or manager.
(1) COMMUNITY. Operated with a charge for admission; a primary use.
(2) PRIVATE. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
THOROUGHFARE, STREET or ROAD. The full width between property line bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows.
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(2) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
(3) COLLECTOR STREET. A thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(4) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) LOCAL STREET. A street primarily for providing access to residential or other abutting property.
(7) LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
(8) MARGINAL ACCESS STREET. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called FRONTAGE STREET.
THROUGH LOT. See LOT TYPES.
TRANSPORTATION, DIRECTOR OF. The Director of the Ohio Department of Transportation.
USE. The specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
VARIANCE. 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 the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis and treatment or 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. It may also include boarding that is incidental to the primary activity.
VICINITY MAP. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments of landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
WALKWAY. A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
YARD. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
(1) YARD, FRONT. 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.
(2) YARD, REAR. A yard extending between side lot lines across the rear of a lot and from the front lot line to the front of the principal building.
(3) YARD, SIDE. 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.
ZERO LOT LINE DEVELOPMENT. An arrangement of housing on adjoining lots in which the required side yard is reduced on one side and increased on the other so that the sum of the offsets on any lot is not less than the sum of the required offsets. No building or structure shall be closer to a lot line than five feet unless it abuts the lot line and is provided with an access easement of five feet on the adjoining lot or abuts a building or structure on the adjoining lot. The offset adjacent to property not included in the ZERO LOT LINE DEVELOPMENT or a street shall not be less than that required in the zoning district.
ZONING ADMINISTRATOR. The Zoning Administrator is the person designated by the Mayor to administer and enforce zoning regulations and related ordinances. This person may also be known as the ZONING INSPECTOR.
ZONING PERMIT. A document issued by the zoning inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 2052, passed 9-3-1998; Ord. 2317, passed 12-21-2006)