For the purpose of this Zoning Code, certain terms are hereby defined. Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "building" includes the words "structure" and "premises;" the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended, " "designed" or "arranged to be used or occupied;" the word "lot" includes the words "plot" or "parcel;" and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
(1) "Accessory building" means a subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(2) "Accessory use" means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(3) "Agricultural activity" means the use of land for agricultural purposes, including forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, fur bearing animal farms, the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, but not including commercial feed lots.
(4) "Alley" means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(5) "Apartment." See "Dwelling Unit."
(6) "Automobile service station" means any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing or major overhaul of motors, bodies or fenders of motor vehicles, painting motor vehicles, public garages and the open storage of rental vehicles or trailers.
(7) "Basement" means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes, other than by a janitor employed on the premises. (See also "Cellar. ")
(8) "Board" means the Board of Zoning Appeals established in Section 1244.01.
(9) "Boarding house" means a building, other than a hotel or apartment hotel, where, for compensation and by prearrangement for definite periods of time, lodging, meals or lodging and meals are provided for three or more persons.
(10) "Buildable area" means the area of the lot left to be built upon after the required yards are provided.
(11) "Building" means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property. Where roofed structures are separated from each other by party walls having no openings for passage, each portion so separated shall be considered a separate building.
(12) "Building, height of. " "Height of building" means the vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof or the average height between eaves and ridge for gable, hip and gambrel roofs.
(13) "Building/ Zoning Inspector" means the Building/ Zoning Inspector of the City, who is responsible for the enforcement of this Zoning Code.
(14) "Cellar" means that part of a building having more than one-half of its height below the average grade of the adjoining ground. (See also "Basement.")
(15) "City" means the City of East Palestine.
(16) "Clerk" means the Clerk of Council of the City.
(17) "Clinic" means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
(18) "Club" means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
(19) "Conditional use" means a use allowed in a zoning district after a permit is granted by the Board of Zoning Appeals in accordance with the provisions of Chapter 1244.
(20) "Commercial feed lot" means an area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
(21) "Commission" means the City Planning Commission.
(22) "Council" means City Council.
(23) "Court" means an open space more than one-half surrounded by buildings.
(24) "District" means a part of the City wherein application of these regulations is uniform.
(25) "Dwelling" means any building or portion thereof which is designed or used exclusively for residential purposes.
(26) "Dwelling, single-family." "Single-family dwelling" means a building designed for or occupied exclusively by one family.
(27) "Dwelling, two-family. " "Two-family dwelling" means a building designed for or occupied exclusively by two families.
(28) "Dwelling, multiple. " "Multiple dwelling" means a building designed for or occupied exclusively by three or more families.
(29) "Dwelling unit" means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein, for owner occupancy or for rental, lease or other occupancy on a weekly or longer basis, and containing independent cooking and sleeping facilities.
(30) "Family" means one or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two persons not related by blood, marriage or adoption.
(31) "Farm." See "Agricultural activity."
(32) "Fence" means a structure for enclosure or screening.
(33) "Floor area" means the total number of square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when such basement or cellar space is used only for storage or incidental uses.
(34) "Frontage" means all the property on one side of a street or highway, between two intersecting streets (crossing or terminating) or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, 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, but not including property more than 400 feet distant on either side of a proposed building or structure.
(35) "Garage, private. " "Private garage" means a detached accessory building or portion of a main building, including a carport, housing the automobiles of the occupants of the premises, but not commercial vehicles.
(36) "Garage, public." "Public garage" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing shall not include an automotive body repair shop or the rebuilding, dismantling or storage of wrecked or junked vehicles.
(37) "Garage, storage." "Storage garage" means any building or premises used for housing only motor-driven vehicles other than trucks and commercial vehicles.
(38) "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
(39) "Home occupation" means any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign other than a nameplate not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises, no person is employed other than a member of the immediate family residing on the premises and no mechanical equipment is used except such as is customary for purely domestic household purposes.
(40) "Hotel" means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house or lodging house as herein defined.
(41) "Institution" means a nonprofit establishment for public use.
(42) "Kennel" means an establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale basis.
(43) "Landscaped area" means an area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.
(44) "Livestock" means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
(45) "Loading space" means a space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of twelve feet, a minimum depth of thirty-five feet and a vertical clearance of at least 14.5 feet.
(46) "Lodging or rooming house." Same as "Boardinghouse."
(47) "Lot" means a parcel of land occupied or intended for occupancy by a use permitted in these regulations, including one main building together with its accessory buildings, open spaces and parking spaces required by these regulations and having its principal frontage upon a road or street.
(48) "Lot, corner." "Corner lot" means a lot abutting upon two or more streets at their intersections.
(49) "Lot, depth" means the mean horizontal distance between the front and rear lot lines.
(50) "Lot, interior." "Interior lot" means a lot other than a corner lot.
(51) "Lot, double frontage." "Double frontage lot" means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
(52) "Lot width" means the width of a lot at the front yard line.
(53) "Lot of record" means a lot or parcel of land the plat or deed of which has been recorded prior to the adoption of this Zoning Code.
(54) "Mobile home" means a detached single-family dwelling unit designed to be transported after fabrication on its own wheels or on flatbed or other trailers or detachable wheels, designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
(55) "Mobile home park" means an area where one or more inhabited mobile homes are parked or intended to be parked.
(56) "Motel, motor court, motor lodge or tourist court" means any building or group of buildings containing guestrooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with the garage or parking space conveniently located on the lot, and designed, used or intended wholly or in part for the accommodation of automobile transients or automobile travelers.
(57) "Nonconforming use" means the lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
(58) "Nursing home" means a home for the aged or infirm in which three or more persons, not members of the immediate family, are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(59) "Open area" means that part of a lot on which no part of a building or structure extends above the following elevations:
A. Two feet above the highest curb elevation of the street or streets that bound the lot;
B. One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed twelve feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
(60) "Parking space" means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
(61) "Premises" means a lot together with all buildings and structures thereon.
(62) "Rooming house." Same as "Boarding house."
(63) "Rowhouse." Same as "Townhouse."
(64) "Sign" means an identification, description, illustration or device which is affixed to or represented directly or indirectly upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
(65) "Sign area" means the total area of the space to be used for advertising purposes, including the spaces between open-type letters and figures and including the background structure or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign may have twice the total area of a single-faced sign.
A. "Advertising device" means banners affixed on poles, wires or ropes, and streamers, wind operated devices, flashing lights and other similar devices.
B. "Ground sign" means any sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures and pictorial and reading matter when such sign is supported by two or more uprights, posts or braces placed upon or affixed in the ground and not attached to any part of a building.
C. "Marquee sign" means any sign affixed to a marquee over the entrance to a building and supported from the building.
D. "Post sign" means any letter, word, model sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.
E. "Roof sign" means any sign erected, constructed or maintained upon the roof of any building.
F. "Wall sign" means any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building.
(66) "Solicitor" means the legal counsel of the City.
(67) "Standard tree" means a tree with a minimum caliper of two and one-half inches, measured at a point twelve inches above the actual or intended ground level of such tree, ten to twelve feet high, of a deciduous hard wood variety normally capable of attaining a twenty-five foot diameter when the tree is twenty years old.
(68) "Standard shrub" means any bush or small evergreen tree occupying a space of at least eighteen cubic feet.
(69) "Street" means a public way which affords the principal means of access to abutting property.
(70) "Street centerline" means a line halfway between the street lines.
(71) "Street line" means a dividing line between a lot and a contiguous street.
(72) "Structure" means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(73) "Structural alteration" means any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders, not including openings in bearing walls as permitted by other ordinances.
(74) "Tourist home" means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
(75) "Townhouse or rowhouse" means a building that has one-family dwelling units erected in a row as a single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line, and each such building being separated from any other building by space on all sides.
(76) "Trailer court" means an area where one or more travel trailers are parked or intended to be parked.
(77) "Travel trailer" means a trailer, pick-up camper, tent trailer, converted bus or other vehicle or similar device used for temporary portable housing.
(78) "Use" means the purpose or activity for which the land or building thereon is designed, arranged or intended or for which it is occupied or maintained.
(79) "Yard" means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in these regulations.
(80) "Yard, front." "Front yard" means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots the front yard shall face the shortest street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
(81) "Yard, side." "Side yard" means a yard between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
(82) "Yard, rear." "Rear yard" means a yard extending the full width of the lot between a principal building and the rear lot line.
(83) "Yard width and depth" means the shortest horizontal distance from a lot line to the main building.
(84) "Zoning Code" means Ordinance 1775, passed October 22, 1973, as amended, codified herein as Title Four of Part Twelve - the Planning and Zoning Code.
(Ord. 1775. Passed 10-22-73; Ord. 11-2017. Passed 5-22-16.)