For the purpose of this Zoning Ordinance, certain terms are herein defined. All words used in the present tense include the future tense. All words in the singular include plural and all words in the plural include singular. The word “shall” is mandatory and not directory. The word “used”, shall be deemed to include “designed, intended or arranged to be used.”
ABUTTING:
Abutting shall mean bordering.
ACCESSORY BUILDING:
A subordinate building, located on the same lot as the main building, the use of which is naturally and normally incidental and subordinate to that of the dominant use of the main building or land. No accessory buildings shall be used for any purpose other than that allowed by existing or future Village Ordinances.
ACCESSORY USE:
An accessory use is a subordinate use customarily incidental to and located on the same lot occupied by the principal use, and the term as herein defined shall include in its definition any improvement appurtenant to such lot.
AGRICULTURE:
The use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packaging, treating or storing the produce.
ALCOHOLIC BEVERAGE:
Alcoholic beverage embraces any liquid designed or commonly used for human consumption, as a beverage, containing any percentage of grain or ethyl alcohol by volume and shall not be limited to “intoxicating liquor” and “liquor” as defined in section 4301.01(a)(1),Ohio Revised Code.
ALIGNMENT:
Alignment shall mean location with reference to a line touching the foremost enclosed portions of buildings.
ALLEY:
Alley shall mean a public way, contemplated for the use of vehicular traffic, which affords secondary means of access to property abutting thereon.
ALLEY LINE:
Alley line shall mean a lot line bordering on any alley.
ALTERATION, STRUCTURAL:
Any change or replacement which would tend to prolong or the life of the supporting or structural members of any building or structure, such as bearing walls, columns, joists, beams, girders, etc.
APARTMENT:
See Dwelling Unit.
APARTMENT HOTEL:
A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include accessory uses.
AUTOMOTIVE REPAIR:
The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision services, painting and steam cleaning of vehicles.
AUTOMOBILE SERVICE STATION:
A building, structure or land used for dispensing, sale or offering for sale at retail of any automobile fuels, oils or minor accessories and other customary incidental service.
AUTOMOBILE WRECKING:
The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
BASEMENT:
That portion of a building the floor of which is four (4) feet, six (6) inches or more below grade and the ceiling is not more than four (4) feet, six (6) inches above grade. A basement shall be included for purposes of square footage and height measurement if used for dwelling or business purposes.
BASEMENT - SPLIT LEVEL:
Interpreted as living space, with the exception that the floor is four (4) feet, six (6) inches or less below grade and the ceiling is more than three (3) feet, six (6) inches above grade.
BED AND BREAKFAST:
A private residence which provides lodging and meals for guests , in which the host or the hostess resides and in which no more than the two guest families are lodged at the same time and which, while it may advertise and accept reservations, does not hold itself out to the public to be a restaurant, hotel or motel, does not require reservations, and serves food only to overnight guests.
BEGINNING OF CONSTRUCTION:
The incorporation of labor and material within the walls of the building or buildings; the incorporation of labor and material at the site, lot or parcel where a building is to be constructed; the incorporation of labor and material where land is to be used for purposes other than construction of a building.
BOARD:
The Board of Zoning Appeals in the Village of Elida as established by Chapter 1149.
BOARDING HOUSE:
A dwelling or part thereof where lodging and meals for three (3) or more persons are served for compensation by previous arrangement but not transients.
BUILDING:
Any structure constructed or used for residential, business, industrial or other public or private purposes, or accessory therein, and including tents, lunch wagons, dining cars, trailers, billboards, signs or similar structures whether stationary or movable located either under or above the surface of the ground.
BUILDING LINE:
The line beyond which no building or part thereof shall project, except as otherwise provided by this Ordinance.
BUILDING - FRONT LINE OF:
The line of that face of the building nearest the front line of the lot including sunrooms and porches.
BUILDING - HEIGHT OF:
The vertical distance from the grade in the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between waves and ride for gable, hip or gambrel roofs.
BUILDING, MAIN OR PRINCIPAL:
A building in which is conducted the principal use of the lot on which it is situated.
BUSINESS:
The engaging in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.
CAMP, PUBLIC:
Any area or tract of land used or designed to accommodate two (2) or more automobile house trailers, tents, or cabins or other camping outfits.
CHILD DAY-CARE: Administering to the needs of infants, toddlers, 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 twenty-four (24) hour day in a place or residence other than the child’s own home. The following are child day-care facilities:
(a) Child Day-Care Center: Any place in which child day-care is provided, with or without compensation, for thirteen (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 (7) to twelve (12) children at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(b) Type A Family Day-Care Home: A permanent residence of the administrator in which child day-care is provided for four (4) to twelve (12) children at any one time if four (4) or more children are under two (2) years of age. In counting children for the purposes of this definition, any children under six (6) 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.
(c) 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 (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) 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 surgical attention, but who are not provided with room or board or kept overnight on the premises.
CLUB:
A building or portion thereof or premises owned, used or operated by a corporation, association, person or persons for social, educational or recreational purposes but not primarily for profit or to render a service which is customarily carried on as a business.
COMMISSION:
Planning Commission of the Village of Elida, Ohio.
DECK:
A structure with elevated supporting frame on front, side or rear wall of a building, the floor of which is not to exceed the floor level of the second story.
DISTRICT:
All properties or lots of the same use, height and area classification which adjoin or are continuous without intervening property of another classification and regardless of any street, alley, easement or reserve that may intervene shall constitute a district.
The greatest dimensions of the area included in a district shall be the length of the projection of the district upon the centerline of a street which passes through the district upon with the property abuts, such projections being made at right angles to the street.
DRY CLEANING ESTABLISHMENT:
Dry cleaning establishment is a use involving the cleaning or dyeing of fabrics by the use of mechanical appliances and the use of chemicals or products other than water.
(Ord. 1045. Passed 10-14-14.)
DWELLING: Any permanent building or portion thereof which is designed for or used exclusively for residential purposes. (Parents and children, or unmarried couples/with children).
(Ord. 1134-2018. Passed 10-23-18.)
DWELLING, SINGLE FAMILY:
A detached building containing one (1) dwelling unit and designed for or occupied by only one (1) family.
DWELLING, TWO (2) FAMILY:
A detached or semi-detached building containing two (2) dwelling units and designed for or occupied by two (2) families.
DWELLING, MULTIPLE:
A building or portion thereof, containing three (3) or more dwelling units, designed for or occupied as the home of three (3) or more families living independently of each other.
DWELLING UNIT:
A group of rooms located within a building and forming a single-habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating purposes.
ERECT:
Erect shall mean construct, build, raise or establish either under, upon or above the ground surface.
ESSENTIAL SERVICES:
The erection, construction, alteration or maintenance by public utilities or municipal or other governments of underground or overhead gas, electrical, steam or water transmission or distribution systems, collections, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment, and accessories in connection therewith; reasonable necessity for the furnishing of adequate service by such public utilities or municipal or other government or for the public health or safety or general welfare, but not including buildings. This is a permitted use in all districts.
EXISTING SETBACK:
The existing setback is established by two (2) or more existing dwellings and/or structures on the same side of the road/street and being between two (2) street or road intersections. The setbacks of the existing dwellings/structures will be used to calculate an average, which will be considered to the existing setback.
EXPLOSIVE:
A chemical or material used to create an explosion.
EXTEND:
Extend shall mean to enlarge or increase area used or occupied.
FAMILY:
One (1) or more persons occupying a premises or living as a single housekeeping unit, provided that useless all members are related by blood, adoption or marriage, no such family shall contain over five (5) persons.
FENCE:
A structure used for purposes of aesthetics, security or privacy. There shall be no setback requirement for rear yards. All fences and walls are to be considered structures for the purpose of constructing and siting.
FLOOR AREA:
The sum of the gross horizontal areas of the several stories of a building measured from the exterior faces of the building, but excluding unfinished basements, garages, porches, and breezeways whether or not enclosed.
FRONTAGE:
All of the property on one (1) side of a street between two (2) intersecting streets (crossing or terminating) measured along the line of the street, or the entire street if not intersected, or if the street is dead ended, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
FRONT OF A BUILDING; FRONT LINE OF A BUILDING; BUILDING LINE:
Shall mean respectively, that portion, building line or yard line, adjacent to or fronting on a street or alley line in the sense of affording principal access to the building.
GARAGE-PRIVATE:
An accessory building or portion of the main building designed or used for the parking or temporary storage of motor vehicle owned or used by the occupants of the building to which it is accessory; not more than one (1) of such vehicles may be a commercial vehicle not exceeding one and one-half (1 ½) ton capacity. Within a private garage no occupation, trade, business or service connected in any way with motor vehicles may be carried on.
GARAGE-PUBLIC:
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 or related vehicles.
GARAGE-STORAGE:
A building or portion thereof designed or used exclusively for storage of motor-driven or related vehicles and at which motor fuels and oils are not sold and such vehicles are not equipped, serviced, repaired, hired, or sold.
GARDEN POND:
In ground or above ground body of water, which includes aquatic vegetation and wildlife, used for landscaping purposes, and is not intended for human use.
GRADE:
Finished grade shall be one (1) foot to three (3) feet above the level of the centerline of the street.
HOME OCCUPATIONS:
An occupation conducted in a dwelling unit, provided that:
1. No more than one person other than members of the family residing on the premises shall be engaged in such occupation;
2. The use of the dwelling units for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty- five percent (25%) of floor area of the dwelling units shall be used in the conduct of the home occupation or office;
3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign, not exceeding two square feet in area, non-illuminated and mounted flat against the wall of the principal building;
4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance and shall not be located in a required front yard;
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence or outside the dwelling unit if conducted in other than a single-family residence. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises or causes fluctuations in line voltage off the premises.
HOSPITAL:
An institution for surgical or medical care equipped for the overnight stay of sick or injured persons.
HOTEL:
A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office normally supervised by a person in charge at all hours. As such, it is open to the public as distinguished from a boarding house, a lodging house or an apartment which are herein separately defined.
INDUSTRY:
Industry embraces any operation involving the manufacture, production, processing or conversion of any material into a finished product, or product needing only a relatively small degree of further processing to result in its capability for sale as an article of use.
INSTITUTION:
A building occupied by a non-profit corporation or a non-profit establishment for public use.
JUNK:
Junk as used in this Ordinance shall be deemed to be any personal property which is or may be salvaged for reuse, resale, reduction or similar disposition or which is possessed, transported, owned, collected, accumulated, dismantled or assorted for the aforesaid purposes.
JUNK YARD:
Pursuant to Section 4737.05(B) of the Ohio Revised Code or in such statute as may hereafter be amended, any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted entirely within a completely enclosed building, and not including establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, salvaged machinery, and the processing or used, discarded or salvaged materials as part of manufacturing operations.
KENNEL-ANIMAL:
Any lot or premises on which four or more domesticated animals, other than horses, more than six months of age are housed, groomed, bred, boarded, trained or sold which may or may not offer provisions for minor medical treatment.
LAUNDRY-AUTOMATIC:
A business that provides home-type washing, drying, and/or ironing machines for hire to be used by customers on the premises or operated for the benefit of retail customers who bring in and call for laundry.
LEAST DIMENSION:
The least dimension of a lot is the least of the horizontal dimensions of such lot, and if two opposite sides of a lot are not parallel, such least dimension shall be deemed to be the mean distance between them, but shall be not less than sixty-percent (60%) of the longest of such distance.
LOADING SPACE:
A space within the main building or on the same lot providing for the parking, loading or unloading of trucks.
LODGING OR ROOMING HOUSE:
A dwelling or part thereof where lodging is provided for three (3) or more but not more than ten (10) persons.
LOT:
For the purpose of this Ordinance, 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. Such lot shall have frontage on an improved public street, and may consist of: (1) a single lot of record; (2) a portion of a lot of record; or (3) 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-AREA:
The total area within the lot lines of a lot, not including any portion of a publicly dedicated street or road right-of-way.
LOT-CORNER:
A lot abutting upon two (2) or more streets at their intersection.
LOT-DEPTH OF:
The average horizontal distance between the front line and the rear line of the lot, measured in the general direction of the side lot lines.
LOT-INTERIOR:
A lot other than a corner lot or through lot, with frontage on only one street.
LOT LINES:
The property lines between two (2) established parcels of land or one (1) parcel and public property.
(a) The front lot line is the line separating the lot from a street. In the case of corner lots, the street lot line of least dimension shall be deemed to be the front lot line and the other street lot line, or lines, shall be deemed to be side lot lines, except in cases where deed restrictions or usage in effect specify another line as the front lot line. In the event such street lot lines are of equal dimensions, the front lot lines shall be as designated by the Board of Zoning and Building Appeals.
(b) The rear lot line is the lot line opposite and most distant from the front lot line.
(c) The side lot line is any lot line other than a front or rear lot line.
(d) A street lot line is the lot line separating the lot from a street, an alley lot line is the line separating the lot from an alley.
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 of Allen County, Ohio; 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 Allen County, Ohio.
LOT-THROUGH:
A lot having frontage on two (2) streets, as distinguished from a corner lot.
LOT-WIDTH OF:
The distance measured between the side lot lines at the front building lines.
MANUFACTURED HOME:
A building or unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the “Manufacturing Housing Construction and Safety Standards Act of 1974, 88 stat. 700, 42 U.S.C.A. 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 5415, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME-PERMANENTLY SITED:
A manufactured home that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation and is connected to appropriate utilities;
(b) The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area, excluding garages, porches or attachments of at least thirteen hundred (1300) square feet;
(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and six (6) inch minimum eave overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995; and,
(e) The structure is not located in a manufactured home park as defined by Section 3733.01 of the Ohio Revised Code.
MEDICAL CENTER:
A principal building used by one (1) or more physicians, surgeons or dentists as offices, clinics, laboratories and operating rooms for the diagnosis and treatment of human ailments and the care of patients before and after operations.
MINERAL:
Any chemical compound occurring naturally as a product of inorganic processes.
MIXED OCCUPANCY:
A single piece of property on which two (2) or more different uses, as defined in this Ordinance, are contemplated or in existence.
MOBILE HOME:
A building unit or assembly of closed construction that is fabricated in an off- site facility, is more than thirty-five (35) body feet in length or, when erected on site is three hundred twenty (320) or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in Division (C)(4) of Section 3781.06 of the Ohio Revised Code or as an industrialized unit as defined in Division (C)(3) of Section of 3781.06 of the Ohio Revised Code.
MOTEL:
A series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests, said units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
NON-CONFORMING USES:
A lawful use of land or of a building, or portion thereof, at the effective date of this Ordinance or at the effective date of an amendment thereto or change of the District Map which use does not conform after the passage of this Ordinance or amendment thereto or change in the District Map with the use requirements of the District in which it is situated.
NURSING HOME:
A home for the aged, chronically ill or incurable persons in which three (3) or more persons not of immediate family are received, kept and provided with food or shelter and care, for compensation but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis, treatment or care of the sick or injured.
PARK:
An area of land set aside for public use with few or no buildings, maintained for recreational and ornamental purposes.
PARKING LOT:
An area of land, the primary use of which is for the parking of motor vehicles.
PARKING SPACE:
A surfaced area, either enclosed in the main building or in an accessory building or unenclosed, having an area of not less than two-hundred (200) square feet exclusive of driveways, for the parking of one (1) automobile and connected with a street or alley in a surfaced driveway which affords satisfactory ingress or egress.
PATIO:
An uncovered surfaced area in direct contact with the ground.
PERSON:
Person shall include an individual, partnership, corporation, club or association.
PLANNED UNIT DEVELOPMENT:
An area of land in which a variety of housing types and subordinate 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.
POND:
A natural or artificially formed structure with an enclosed body of water more than 600 gallons. The Village of Elida recognizes inherent differences in the character and use of ponds and regulates the following type of ponds; detention ponds, retention ponds, agricultural ponds and aesthetic ponds. Ponds shall be permitted as an accessory use in all districts subject to specific conditions and permit.
PORCH:
A roofed, open structure projecting from the front, side or rear wall of the building without any enclosed features of glass, wood or other material, except screens and support structures.
PREMISES:
Premises shall include lands and all things of a permanent nature which may be appurtenant thereto.
PRIVATE RESIDENCE:
Private residence is a place of usual or customary abode.
PROFESSIONAL OFFICE:
Office of members of recognized professions.
PUBLIC NOTICE:
Public notice as used in conjunction with this Ordinance shall mean and conform to the provisions of Section 713.12, Ohio Revised Code.
PUBLIC SERVICE FACILITY:
Buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service or structures owned by a public utility, a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing or electrical, gas, rail transport, communications, public water and sewage services.
PUBLIC UTILITY:
Any person, firm, corporation, municipal department or board, duly authorized to furnish under state or municipal legislation, to the public electricity, sewers, gas, communication services, transportation or water.
QUASIPUBLIC USE:
Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an education, religious, charitable, philanthropic or non-profit nature.
REAR OF A BUILDING-REAR LINE OF A BUILDING-REAR YARD LINE:
Rear of a building, rear line of a building, rear yard line shall mean respectively that portion, building line or yard line opposite to the front line of a building, whether or not affording service access to the building.
REGIONAL PLANNING COMMISSION:
The Lima-Allen County Regional Planning Commission.
RESIDENCE:
Residence shall be a general term implying a place of human habitation and embracing either single family house or multiple family house as defined in this Ordinance.
ROADSIDE STAND:
A temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which a stand is located.
SATELLITE SIGNAL RECEIVER:
“Dish-type Satellite Signal-Receiving Antennas”, “earth stations” 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 (1), or both of the following:
(a) A single/receiving device such as dish antenna whose purpose is to receive communications or signals from earth-orbiting satellites or similar sources;
(b) A low-noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer, or transmit signals.
SETBACK:
The minimum horizontal distance between the street line and the building or any projection thereof, excepting such projection as may be allowed by this Ordinance and subsequent amendments thereto.
SHALL:
The word “shall” as used in this Ordinance is always mandatory.
SIGN:
Refer to Chapter 1141 for all definitions related to signage.
SLAUGHTERHOUSE:
A slaughterhouse is a use or building arranged, used or devoted to the killing and processing of animals for human consumption.
SMALL STORAGE BUILDING (Yard Barns):
Not to exceed one hundred ninety-two (192) square feet and no more than twelve (12) feet in overall height (e.g. 12'x16'x12') in size are permitted as ancillary uses in R-1 residential districts for use by the property owners. Such storage shall be restricted to the housing of inanimate objects only including lawn and garden supplies and equipment, lawn furniture and recreational items. No commercial storage of saleable items is allowed, nor are any improperly stored hazardous materials as per Section (C)FM-2303.1 through F.2303.3 of the Ohio Fire Code. Zoning permits are required and all yard setbacks apply as specified in Appendix A, Summary of Zoning Districts.
SOLID WASTE:
Any residual solid or semi-solid material which results from any industrial, commercial, agricultural, or municipal and community operations, including any materials from any construction, mining, or demolition operation, or other waste material normally included and associated with demolition debris, fly ash, spent foundry sand, slag, and any other substances that are or may be harmful or inimical to public health and well being, including garbage, combustible and non-combustible material, dirt, debris, and other waste products.
SOLID WASTE DISPOSAL:
The deposition, injection, discharge, dumping, spilling, leaking, admitting, or placing of any solid waste into or on any land or ground or surface water or into the air, including, but not limited to, land filling, incineration, composting, or treatment by any other means.
SOLID WASTE DISPOSAL FACILITY:
Any site, location, tract of land, installation, or building, used for solid waste disposal including, but not limited to, incineration, composting, sanitary and filling, or other methods of disposal of solid waste or for the temporary or permanent storage, treatment, or disposal of solid or hazardous waste.
SPECIAL EXCEPTION:
As related to Section 1149.10, a special exception is a general allowance or exception that can be granted by the Board of Zoning Appeals related specifically to the various circumstances described in subsections (a) through (e) of Section 1149.10. It is separate from a conditional use and from an interpretation of the zoning map.
STANDARD EQUIPMENT:
A criterion for the control of specific types of industrial equipment and the placement (or installation) of said industrial equipment relating to a specific manufacturing plant or process.
STANDARD PERFORMANCE:
A set of standards (instructions) established by the manufacturer of industrial equipment concerning the proper operation of said manufacturing equipment. These standards being developed by the manufacturer in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses affected by the industrial equipment.
STORY:
That portion of a building 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.
STORY-HALF:
A partial story under a roof the wall plates of which on at least two (2) opposite exterior walls more than two (2) feet, but not more than five (5) feet above the floor of such story, except that any partial story used for residence purposes, other than by a family occupying the floor immediately below it, shall be deemed a full story.
STREET:
A public or private way dedicated to public travel thirty (30) feet or more in width. The word “street” shall include the words road, highway and thoroughfare, and shall also include avenue, drive, circle, parkway, boulevard and/or other similar term.
STREET ROAD LINE - ALLEY LINE:
A dividing line between a lot, tract or parcel of land and continuous street, road or alley.
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 things, structures included (unless otherwise defined elsewhere in this Ordinance), but are not limited to: Buildings, mobile homes, walls, landscape walls over 24" in heights, fences, signs, swimming pools, tennis courts, and ponds.
SUITABLE SCREENED OR FENCED:
A neat, orderly and healthy screen of evergreen or other suitable plant material not less than three (3) feet in height and with an expected normal growth of at least five (5) feet in heights, protected by a galvanized wire link fence of at least five (5) feet in height. A wooden or wire link fence when appropriate. Bumper guards or wheel stops to prevent damage to the screen or fence by automobiles shall be provided when the required screen or fence surrounds parking lots or spaces.
SUPPLY FACILITY (not Yard):
A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.
TERRACE:
A natural or artificial embankment between a building and its lot line. The “height of terrace” shall be the difference in elevation between the curb level and the top of the terrace at the center of the building wall.
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:
(a) Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(b) 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.
(c) 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 principal entrance and circulation routes within residential subdivisions
(d) 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.
(e) Dead-End Street: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
(f) Local Street: A street primarily for providing access to residential or other abutting property.
(g) 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 one hundred eighty (180) degree system of turns are not more than one thousand (1,000) feet from said arterial or collector street, not normally more than six hundred (600) feet from each other.
(h) 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 collector streets.
TRADE:
Trade embraces such commercial activities as are entailed in the interchange of goods and materials but does not include operations dealing with the manufacture of goods and materials.
TRAILER and/or MOBILE/MOTOR HOMES:
A transportable dwelling unit suitable for year round occupancy and containing the same water supply, waste disposal, and electrical conveniences as in immobile housing. The removal of wheels, frames, and/or other equipment used in transporting said mobile home and placement on a permanent foundation such as concrete blocks, poured concrete, or other materials used in permanent foundations shall not be cause for reclassification to that of a permanent or immobile home. In no event shall a mobile home, often referred to as a trailer, trailer coach, or trailer house, be considered as a permanent, immobile home.
TRAILER PARK OR MOBILE HOME PARK:
A trailer park or mobile home means any park, trailer park, trailer court, park, site, lot, parcel or tract of land designed, maintained or intended for the purposes of supplying a location or accommodations for any trailer coach and upon which any trailer coach is parked and shall include all buildings used or intended for use as part of the equipment thereof whether a charge is made for use of the trailer and its facilities or not. Trailer park or mobile home park shall not include automobile or trailer sales lots on which unoccupied trailers are parked for purposes of inspection and sale.
USE:
The purpose for which either land or building is arranged, designed or intended, or for which either land or building is or may be occupied or maintained.
VARIANCE:
A variance is a relaxation of the terms of this Zoning Ordinance. Where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result in unnecessary and undue hardship. As used in this Ordinance, a variance is authorized only for height, area and size of structure or size of yards and open spaces; establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of non-conformities in the zoning districts or uses in an adjoining zoning district, unless so authorized by this Ordinance.
VETERINARY ANIMAL HOSPITAL OR CLINIC:
A place 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. It may also include boarding that is incidental to the primary activity.
YARD:
An open space at grade between a building and the adjoining lot lines occupied 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 the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD - FRONT:
An open, unoccupied space on the same lot with the building extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces.
YARD - REAR:
The open, unoccupied space on the same lot with the building extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
YARD - SIDE:
An open unoccupied space on the same lot with the building extending along the side lot line from the front yard to the rear yard and lying between the side lot line and nearest part of the principal building.
ZONING CERTIFICATE:
A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
ZONING INSPECTOR:
The Zoning Inspector of the Village of Elida, Ohio, or his/her authorized representative.
ZONING MAP:
The Zoning Map of the Village of Elida, Ohio together with all amendments subsequently adopted.
ZONING PERMIT:
A document issued by the Zoning Inspector authorizing the construction of a new building or the alteration of an existing building or site. Said permit shall be issued within thirty (30) days after a written request for the same has been made to the Zoning Inspector or his/her agent, provided such construction or alteration is in conformity with the provisions of this Ordinance.
(Ord. 1045. Passed 10-14-14.)