(1) Abutting Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
(2) Accessory Structure - Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
(3) Accessory Use - A use incidental to and on the same lot or property as the principal use.
(4) Adult Bookstore - An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or,
(b) Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(5) Adult Cabaret - A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(6) Adult Group Residential Facilities - A group of individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single-housekeeping unit under supervision of on-site management which is compensated by payment for providing organization and stability to those individuals. The individuals are usually not infirmed and may be capable of leaving the premises without assistance. Adult Group Residential Facilities does not include nursing homes where the individuals are infirmed.
(7) Adult Motion Picture Theater - An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(8) Agriculture - The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same provided that the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
(9) Alley - A public or private thoroughfare which affords only a secondary means of access to a lot or abutting property.
(10) Alteration - Any change, addition, or modification in construction or occupancy of an existing structure.
(11) Alterations, Structural - Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(12) Apartment - A building arranged, intended, or designed to be occupied by three or more families living independently of each other and doing their own cooking upon the premises or by three or more individuals or groups of individuals living independently of each other.
(13) Banner - A flexible sign, usually temporary in nature, which is affixed at both ends to a pole or structure.
(14) Bed and Breakfast - A dwelling wherein lodging and food is provided by a resident family primarily for transients, or those individuals remaining at the dwelling for less than seven consecutive nights as distinguished from a boarding house.
(15) Billboard - A large, free-standing advertising structure located along a main public street or road designed to attract the attention of passing motorists to a business or product located or available on a different site.
(16) Bulletin Board - An announcement sign usually with changeable lettering to inform the public of coming events at a public, semi-public, or nonprofit institution.
(17) Boarding House - A building other than a hotel or motel where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at any one time.
(18) Cemetery - Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of such cemetery.
(19) Clinic - A place used for the care, diagnosis and treatment of sick, ailing, or injured persons, and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
(20) Club - A building or portion, thereof, or premises owned or operated for a fraternal, literary, political or educational purpose primarily for the exclusive use of its members and their guests.
(21) Condominium - A condominium is one of a group of housing units where each homeowner owns their individual unit space, and all the dwellings share ownership of areas of common use.
(22) Convalescent Home - Any place or abode, building, institution, residence, or home used for the reception and care, for a consideration, of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves or who are 65-years of age or over, and for which a license, if necessary, has been issued by the Ohio Department of Public Welfare, or other appropriate agency.
(23) Density - A unit of measure; the number of dwelling units per acre of land.
(24) Density, Gross - The number of dwelling units per acre of the total land to be developed.
(25) Density, Net - The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(26) Drive-up or Drive-Through - An establishment that, by design of physical facilities or by services or packaging procedures, encourages, or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
(27) Dwelling - A building or portion, thereof, which is designed to provide living accommodations for one or more families.
(28) Dwelling Unit - One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
(29) Dwelling, One-Family - A building used, exclusively, to provide one-dwelling unit for a family.
(30) Dwelling, Two-Family - A building used, exclusively, to provide two-dwelling units for occupancy by two families.
(31) Dwelling, Multi-Family - A building used, exclusively, to provide three (3) or more dwelling units for occupancy for three(3) or more families.
(33) Easement - The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
(34) Family - One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined, provided, however, that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons.
(34) Free-standing Signs - A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
(35) Frontage - All the property on one side of a street between two(2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
(36) Garage - An accessory building for automobiles in which no occupation or business is carried on.
(37) Gasoline Service Station or Service Station - A building or part of a building or structure or space for the retail sale of gasoline, lubricants and motor vehicle accessories, and for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
(38) Grade - The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line, or when the property line is more than five (5) feet from the building, between the building and a line five feet from the building.
(39) Ground Sign - A permanent, free-standing sign above the finished grade.
(40) High-Rise Sign - A free-standing sign in excess of thirty (30) feet in height.
(41) Home Occupations - An occupation, profession, or activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the character of the neighborhood.
(42) Illuminated Sign - A sign, whether permanent or temporary, illuminated in any way with an artificial lighting source.
(43) Lot - A parcel of land occupied, or intended to be occupied, by one or more dwellings 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 incident, thereto. A lot includes open spaces and minimum area provisions as are required by this Ordinance for the district in which the lot is situated and having its principal frontage on a public street or public right-of-way.
(44) Lot, Corner - A lot having two (2) adjacent sides abutting upon two streets.
(45) Lot, Interior - A lot other than a corner lot with only one frontage on a street.
(46) Lot Depth - The mean horizontal distance between the front and rear lot lines.
(47) Lot Width -The width of a lot at the building line.
(48) Lot with, Double Frontage - A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
(49) Lot of Record - A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Williams County, Ohio. For the purposes of this Ordinance, any preliminary plan of a subdivision which has been approved by official action of the Planning and Zoning Commission prior to the date upon which this Ordinance becomes effective has the same status as if the subdivision plan were officially recorded.
(50) Manufactured Home - Any non-self-propelled vehicle transportable in one or more sections which, in the traveling mode, is eight (8) body feet or more in width or forty (40) body feet or more in length, or when erected on site, is 320 or more square feet and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Under this definition, a Mobile Home is considered a Manufactured Home, but a Manufactured Home is not always considered a Mobile Home (See Mobile Home definition).
(51) Minimum Area of Lot - The area of a lot computed exclusive of any portion of the right-of-way of any public street or private road.
(52) Mobile Home - A dwelling that is non-self propelled, but is designed to be transportable and can be used without a permanent foundation.
(53) Motel - A building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house.
(54) Non-conforming Use - Any building, structure, or land lawfully occupied by a use on the effective date of this Ordinance, or any amendment or supplement, thereto, which does not conform to the use regulations of the district in which it is situated.
(55) Open Space - An area open to the sky which is, or may be, on the same lot with a building or structure. This area may include landscaped areas.
(56) Parking Space, Off-Street - An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
(57) Performance Bond or Surety Bond - An agreement by a subdivider or developer with the Village of Edon 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.
(58) Pennant - A fabric or flexible sign, usually temporary in nature, affixed to a pole or structure on one end.
(59) Pole Sign – An advertising sign or signs hung or attached to a free-standing pole or similar structure having a total height of thirty (30) feet or less.
(60) Professional Activities - The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, and similar professions.
(61) Projecting Sign - A sign that projects in perpendicular or “V”-shape fashion from the outside wall of a building.
(62) Public Use - Public parks, schools, administrative, and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials, and public service facilities, including water and sewer service facilities.
(63) Restaurant - A commercial enterprise where the primary, if not exclusive activity and purpose, is the preparation, sale, and consumption of food of all kinds to the public.
(64) 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.
(65) Roadside Stand - A removable 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 agricultural products produced on the premises and is stored back of the building line on the property at the conclusion of the seasonal sales.
(66) Roof Sign - A sign erected upon and located completely above the roof of a building.
(67) Secondary Sign - A sign typically advertising special services or public announcements such as time and temperature, located on a separate sign below the main sign, not exceeding ten percent (10%) of the main sign.
(68) Service Station - see Gasoline Service Station.
(69) Sign - A structure or device designed or intended to convey information to the public in written or pictorial form.
(70) Specified Anatomical Areas - As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(71) Specified Sexual Activities - As used herein, specified sexual activities means and includes any of the following 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of, or in connection with, any of the activities set forth in subdivisions in items 1, 2, or 3 of this definition.
(72) Street - All property dedicated or intended for public or private use for passage or travel of motor vehicles.
(73) Structure - Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include, but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, roadside stands, monuments, statues, flagpoles, and signs.
(74) Temporary Sign - A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, and intended for a limited period of display, including decorative displays for holidays or public demonstrations.
(75) Travel Trailer or Trailer - A vehicle, whether or not it is pulled by another vehicle, used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed or added to by means of portable accessories in such manner as will permit the occupancy, thereof, as a movable dwelling or sleeping place.
(76) Use - The specific purposes for which a building or land is designated, arranged, intended or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, in a building, or on premises, or the name of a building, place, or thing which name indicates the use or intended use.
(77) Useable Floor Area - The areas of all floors of a building, including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that are used for human occupancy. The useable floor area will be measured from the exterior surfaces of the walls. Useable floor area also includes the elevator shafts and spaces used for mechanical equipment with headroom of six (6) feet, six (6) inches or more. Useable floor area does not include cellars, unenclosed porches unless access is limited and an outdoor use is planned, or attics not used for human occupancy, or any floor space in accessory building or the main building designed for the parking of motor vehicles.
(78) Variance - A modification of the strict terms of the relevant regulations of this Ordinance where such modification will not be contrary to the public interest. A variance is also a modification of regulations where owing to conditions peculiar to, the property and not the result of the action of the applicant, a literal enforcement of this Ordinance would result in unnecessary and undue hardship Variances can only be granted by the Planning and Zoning Commission as provided under Chapter 1191.
(79) Village of Edon Zoning Map - The zoning map for the Village of Edon showing at least the corporation limits and streets and other landmarks for reference, the property boundaries for all properties inside the Village of Edon, and the zoning categories that have been adopted and are enforced for the properties contained within the Village of Edon. Also called the Village Zoning Map.
(80) Wall Sign - A sign painted on the outside of a building or attached to, and erected parallel to, the face of a building and supported throughout its length by such building.
(81) Window Sign - A sign painted, attached, or affixed to either the interior or exterior surface of windows or doors. This definition shall not include signs for special announcement sales and other signs designed to serve for a limited period of time.
(Ord. 05-21. Passed 7-19-21.)