CHAPTER 1174
Definitions
Definitions
For the purpose of this Ordinance certain terms and words are hereby defined.
ACCESS MANAGEMENT REGULATIONS – Hancock County Access Management Regulations adopted in 2006 and any subsequent amendments exist for the purposes of promoting traffic safety and efficiency, maintaining proper traffic capacity and traffic flow, reducing vehicular collision frequency, and improving the design and location of access connections to county and township roads.
ACCESSORY USE, OR ACCESSORY: A use which is clearly incidental to, customarily found in connection with, and (except in the case of accessory off-street parking spaces or loading) located on the same zoning lot as the principal use to which it is related. When "accessory" is used in this text, it shall have the same meaning as accessory use. The following are typical accessory uses permitted in associated districts:
1. Swimming pools, tennis courts or other recreational facilities for the use of the occupants of a residence or their guests.
2. Domestic or agricultural storage in a barn, shed, tool room, or similar accessory building or other structure.
3. Storage of merchandise normally carried in stock in connection with a business or industrial use unless such storage is excluded in the applicable District regulations.
4. Storage of goods used in or produced by industrial uses or related activities unless such a storage is excluded in the applicable District regulations.
5. Accessory off-street parking spaces, open or enclosed.
6. Uses clearly incidental to a main use such as, but not limited to, offices of an industrial or commercial complex located on the site of the commercial or industrial complex.
7. Accessory off-street loading.
8. Accessory signs, subject to the sign regulations for the District in which the zoning lot is located.
ADJACENT: Lying near or close to; neighboring. Adjacent means that objects or parcels of land are not widely separated, though perhaps they are not actually touching. For public notification purposes, parcels separated by streets, alleys, rivers, streams, ditches, railways or similar features shall be considered as adjacent to any subject parcel under review for planning and zoning purposes.
ADULT ENTERTAINMENT ESTABLISHMENT/ADULT ENTERTAINMENT USES: Whether or not licensed pursuant to Ohio Revised Code Chapters 503 (Massage Establishments), 715 (715.61 Regulating and Licensing of Certain Operations, including massage and therapy), or 4713 (Cosmetology Licensing). Excluded from this definition are any educational institutions e where the exposure of the specified anatomical area is associated with an educational curriculum or program. Means any adult arcade, adult theater, adult bookstore/video store, adult motel, adult novelty store, or adult dancing establishment; or any establishment or business operated for commercial gain where any employee, operator or owner exposes his/her specified anatomical area for viewing by patrons, including but not limited to: massage establishments or parlors, sexually oriented escort services, modeling studios, or lingerie studios.
AGRICULTURE: Includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119. Of the Ohio Revised Code.
AGRICULTURAL ACTIVITY, or FARM. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, the care and/or husbandry of agricultural animals, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
ALCOHOL ESTABLISHMENT: Businesses primarily dealing with sales of controlled liquors and licensed by the State of Ohio.
ALLEY: A service roadway not exceeding twenty feet (20’) right of way width and providing a secondary means of access to abutting property and not intended for general traffic circulation.
ALTERATIONS: Any change, addition, or modification in construction or type of occupancy, or in the structural members of a building or structure, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered," or "reconstructed," including the re-facing or repainting of signs.
AMUSEMENT/ENTERTAINMENT USES: Commercial recreation such as community centers, youth centers, athletic clubs, bowling alleys, etc., and identified by the NAICS with as 624110, 713940, or 713990. Also included are theaters as defined in NAICS as 711110.
ANIMAL CARE FACILITIES: Structures, buildings, or enclosures used for medical treatment, care and temporary housing of animals, receiving treatment with temporary housing being limited to 48 hours. Uses include, but are not limited to, veterinary clinics and animal hospitals.
APARTMENT: See Dwelling Unit
APARTMENT HOTEL: A building or portion thereof designed for or containing both individual guest rooms and suites of rooms, and dwelling units.
APARTMENT HOUSE: See Dwelling Unit, Multiple.
APPLICANT: The land owner or his authorized representative who submits a request for any development, variance, change, review, or other procedure as authorized in this Ordinance.
APPLICATION: Written request required by this Ordinance, either provided by the City or as described otherwise, for any development, variance, change, review, or other procedure as
required in this Ordinance.
ARTIFICIAL POND OR LAKE: Any excavation or construction upon land resulting in the open retention and/or storage of a body of water and/or other liquids either above or below ground level, but not including common watering troughs, cisterns, and other small related structures, or swimming pools.
ASSISTED LIVING FACILITY: Residences for persons incapable of or in need of supervision for medical care, personal care, or self-administered medication. Such facilities may provide other services such as recreational activities, financial services, transportation and property maintenance.
AUCTION MARKET: A building, structure, or site whose primary use is for selling of goods, merchandise, and land etc., by a bidding process.
AUTOMOBILE REPAIR, MAJOR: The general repair, rebuilding or reconditioning of motor vehicles; engine rebuilding; collision service, such as body, frame, or fender straightening and repair; overall painting and undercoating of automobiles.
AUTOMOBILE REPAIR, MINOR: he general repair of motor vehicles including minor
tune-up, change of oil and filter, repair of flat tire, brake part replacement, lubrication or other similar operations.
AUTOMOBILE SERVICE STATION: Any building, structure, or land used for the disbursing, sale, or offer for sale, at retail, minor accessories, including the lubrication of automobiles and the replacement, or installation of minor parts and accessories, but not including major repair work, such as motor replacement, and body and fender repair, or both.
AUTOMOTIVE SALES AND SERVICE: The sale or rental of new or used motor vehicles; the furnishing of minor services incidental thereto.
AVERAGE FRONT YARD SETBACK: The average depth of the front yards of abutting primary. Structures on both sides may be used to determine the front yard setback.
BALCONY: A horizontal flat surface that projects from the wall of a building, is enclosed by a parapet or railing, and is entirely supported by the building.
BAR: A commercial enterprise whose primary activity is the sale of alcoholic beverages to be consumed on the premises. Bars include taverns, night clubs, private clubs, bottle clubs, and similar facilities serving alcoholic liquor.
BED AND BREAKFAST: Means any dwelling, which may or may not be owneroccupied, and which (1) contains rooms furnished for the purposes of providing lodging to transient guests; (2) is kept, used, maintained, advertised or held out to the public as a place where sleeping accommodations are available for pay or compensation by transient guests; and (3) has no more than five bedrooms furnished for the accommodation of such guests. (4) Is rented for a period less than 28 days.
BORROW PIT: An area excavated or to be excavated from which soil and unconsolidated materials are removed or extracted below the grade level of the property, which existed before any overbuilding of the site occurred, for any purpose including but not limited to: for sale, exchange, or for use, as fill for any activities, including but not limited to landscaping, building construction, levees, dams, highway construction or maintenance, or low-lying areas, whether on-site or off-site.
BASEMENT: That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
BILLBOARD OR POSTER PANELS: Any sign or advertising structure used to advertise goods, products, services or facilities which are located off-site from where the sign is installed and maintained.
BLADE LENGTH: The longest linear dimension of an individual blade of the WECS. For a horizontal axis wind turbine, the Blade Radius is the same as the Blade Length.
BLADE RADIUS: The length of the radius of rotation (around the center of rotation) that the WECS’s blade system travels
BOARDING HOUSE: A building other than a motel or hotel with three (3) or more guest rooms used as permanent (more than four (4) weeks) lodging for compensation.
BOARDING OF LIVESTOCK AND DOMESTICATED ANIMALS: Stabling, housing and feeding of animals for compensation or for use in a commercial activity, exhibit or for other commercial purposes. Boarding uses or activities include, but are not limited to, kennels, riding stables, or animal exhibits which are used for commercial purposes.
BOARD OF ZONING APPEALS: A five (5) member body responsible for hearing appeals from individuals who are requesting exceptions or variances for City Ordinances in regard to land use and building requirements or from individuals who are questioning the appropriateness of orders made by City Officials.
BODY CLINIC: Any business that offers tattoo services, body piercing, or similar decorative alterations to the human body. Ear piercing is not included in this definition.
BREWPUB: A restaurant-brewery that sells twenty-five percent (25%) or more of its beer on site. The beer is brewed primarily for sale in the restaurant and bar. The beer is often dispensed directly from the brewery’s storage tanks. Where allowed by law, brew pubs often sell beer “to go” and/or distribute to off-site accounts. If a brewpub sells more than seventy-five percent (75 %) of its beer off-site, see “Microbrewery.”
BROWNFIELD: Abandoned, idled, or underutilized industrial and commercial facilities or sites where expansion or redevelopment is complicated by real or perceived environmental contamination.
BUILDING: Any structure, either temporary or permanent, that has a roof supported by columns or walls, and is intended for the shelter or enclosure of persons, animals, chattels, or property of any kind. For the purpose of this Ordinance, a mobile home shall be considered a building. Storage containers, box truck components, semitrailers, or anything once used to transport goods are not classified as buildings.
BUILDING FOOTPRINT: The area encompassed by a building’s outer wall or support at grade level.
BUILDING HEIGHT: For Primary Buildings and Accessory Buildings, the height shall be measured from the established grade to the highest point of the building.
BUILDING LINE, FRONT OF BUILDING: The line where the face of the building meets the ground, including sun parlors and covered porches, whether enclosed or unenclosed, but does not include steps or structures protected by the Americans with Disabilities Act.
BUILDING, PRINCIPAL: A building in which the primary use is conducted.
CAMPER: Any vehicle so designed, constructed, reconstructed, or added to by means of accessories, in such manner as will permit the use and occupancy thereof, when stationary for human habitation as a temporary shelter, including but not limited to tent-type fold-out camping trailers, travel trailers, motor homes and truck campers.
CEMETERY/MEMORIAL GARDENS: Land used or intended to be used for the burial of the human or animal dead, including associated buildings such as chapels, mausoleums, crematories, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CERTIFICATE OF ELEVATION: The actual elevation in relation to mean sea level of the lowest floor elevation, including basement, of all new or substantially improved structures.
CERTIFICATE OF ZONING COMPLIANCE: A document issued by the Zoning Administrator authorizing the use and/or occupation of new residential buildings where found consistent with the zoning district where it is located and as provided in this Ordinance.
CERTIFICATE, CHANGE OF USE: When the use of any land, building or structure is to be changed, a permit shall be issued by the Zoning Administrator authorizing such use and /or occupation of buildings, structures or land.
CHILD DAY CARE CENTER: An establishment providing for the care, supervision, and protection of children as defined in the O.R.C. Type A day-care allows seven to twelve (7 – 12) children to be supervised in the home. Type B is six (6) children or fewer.
CHURCH: A building wherein persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship, together with all accessory buildings and uses customarily associated with such primary purpose.
CLUB: A building or portion thereof or premises owned or operated by a corporation, association, membership, person or persons for a social, educational or recreational purpose, but not primarily for profit or for rendering a service which is carried on as a business.
COMMISSION: The City of Findlay Planning Commission.
COMMERCIAL ENTERTAINMENT FACILITIES: Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, night clubs, and similar entertainment activities.
COMMERCIAL VEHICLE: For the purpose of this zoning ordinance, commercial vehicles include those defined by the Ohio Revised Code as “Commercial car” or “truck”, when either means any motor vehicle that has motor power and is designed and used for carrying merchandise or freight, or that is used as a commercial tractor (O.R.C. 4501.01 (j). This definition does not include trailers which are defined separately herein.
COMMUNICATION STRUCTURES: Establishments furnishing point-to-point communication services, whether by wire or wireless means, either aurally, visually, or by radio frequency, including radio and television broadcasting stations and the exchange or recording of messages.
COMMUNITY CENTER: A building to be used as a place of meeting, recreation, or social activity and not operated for profit.
CONDITIONAL USE: A use which is subject to conditional approval by the City Planning Commission. A conditional use may be granted by the Commission only when there is a specific provision for such special exception made in this ordinance. A conditional use is not considered to be a nonconforming use. Conditions for approval may include but are not limited to: traffic circulation, access, lighting, service hours of operation, noise limitations, and building placements, etc.
COVENANT: A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded.
CONVALESCENT OR NURSING HOME: A structure with sleeping rooms, where persons are housed or lodged and are furnished with meals, nursing, and medical care.
COUNTY: Hancock County, Ohio.
CUL-DE-SAC: A short street having one (1) end open to traffic and being terminated by a vehicle turn-around and measuring no longer than 600’ (See City Subdivision Regulations).
DECK: An unroofed platform greater than six inches (6”) in height and is either freestanding or attached to a building that is supported by pillars or posts.
DENSITY: A unit of measurement representing the number of dwelling units per acre of land.
DENSITY, GROSS - The number of dwelling units per acre of total land to be developed including rights-of-way.
DENSITY, NET - The number of dwelling units per acre excluding rights-of-way.
DETENTION POND: A facility for the temporary storage of storm water runoff. See ‘Retention Pond’ for definition and for the difference between ‘detention’ and ‘retention’ ponds.
DETRIMENTAL EFFECT: Harm or damage caused as a result of a use, or uses related to the operation and or location of such use, on the adjacent property or greater area, depending on the intensity of the use.
DISPLAY: An outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service.
DISTRICT: A portion of the City of Findlay within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.
DOMESTICATED ANIMAL: Any member of a species of animal that has been bred to a degree resulting in genetic changes affecting the temperament, color, conformation, or other attributes of the species to an extent that make them different from non-domesticated animals of their kind. This definition does not include wildlife or an exotic animal.
DORMITORY: A building or structure containing a series of sleeping rooms and containing many beds used for the housing of students or similar persons; generally connected with a college, school, training facilities or similar organization or institution. Some may have related cooking facilities.
DRIVE-IN COMMERCIAL USES: Any retail commercial use providing considerable offstreet parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
DRIVE THRU: Typically, a commercial use that has a lane dedicated for vehicles to approach up to the side of a building where they can access services via a window. The lane may have amenities such as menu boards, speakers, screens, advertisements, and lighting. The lanes are typically circular and external of the building, aside from a portico (such as a bank drive thru). Drive-thru’s are reviewed by the City Planning Commission.
DWELLING: Any building or portion thereof which is designed for or used exclusively for residential purposes containing one (1) or more dwelling units.
DWELLING UNIT: A group of rooms located within a building and forming a single unit for occupancy with facilities intended to be used for living, sleeping, cooking, bathroom, and eating purposes.
DWELLING, SINGLE-FAMILY: A detached building containing one (1) dwelling unit and designed for or occupied by one (1) family.
DWELLING, TWO-FAMILY: A detached or semi-detached building containing two (2) dwelling units and designed for or occupied by two (2) families living independently of each other.
DWELLING, MULTIPLE-FAMILY: A building or portion thereof containing three (3) or more dwelling units and designed for or occupied by three (3) or more families living independently of each other.
EASEMENT: A grant by the property owner of the use of a part of the property by the public, a corporation or persons for specific purposes.
ELECTRONIC MESSAGE CENTER: A sign that displays multiple messages with lighting, including LED, that flashes, blinks, scrolls, or animates. This definition does not include digital billboards.
EMERGENCY SERVICES: An organization that responds to and deals with emergencies (i.e., ambulance, EMTs, etc.)
ERECTED: Built, constructed, altered, reconstructed, moved, moved upon and/or any physical operations on the premises which are required for construction, excavation, fill, drainage, and the like.
ESSENTIAL SERVICES: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution, collection, and communication systems.
EXCEPTION: A use permitted only after review of an application by the Board of Zoning Appeals, City of Findlay City Council, or a modification in the standards of this Ordinance specifically permitted after review by the Board of Zoning Appeals, such review being necessary because the provisions of this Ordinance covering conditions precedent or subsequent are not precise enough to all applications without interpretation and such review and exception is provided for by this Ordinance. An exception is not a variance.
EXOTIC ANIMAL: Any member of a species of animal, reptile, or bird, warm or cold blooded, that is not indigenous to the environment and/or is not classified or considered as wildlife, livestock, or a domesticated animal.
FACILITY: A business or institution under a roof structure.
FAMILY: One (1) or two (2) persons or parents, with their direct lineal descendants and adopted or foster children, and any domestic employees thereof together with not more than three (3) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit where each “family” member will be expected to join the others in a common duty of operating and maintaining the home and their persons, as distinguished from persons occupying a boarding house, lodging house, or hotel herein defined.
FAMILY MEDICAL HOSPITALITY CENTER: A non-profit facility where families and patients may lodge overnight while receiving treatment at a medical facility. The facility exists for the sole use by and service to the needs of the patient and his/her family.
FAST FOOD RESTAURANT: Restaurants where most customers order and are served their food at a counter or in a motor vehicle in packages prepared to leave the premises or able to be taken to a table or counter to be consumed.
FENCE: A structure made of any material or combination thereof and constructed to be a barrier and erected in order to enclose, screen, or separate areas.
FINAL PLAT: A map or drawing of a tract or parcel of land that has been approved by the City Planning Commission. A plat is an instrument used for recording parcels with the County Recorder’s office per Findlay’s Subdivision Rules and Regulations.
FINANCIAL INSTITUTION: A building or structure, or part thereof devoted to the institution of lending, borrowing, issuing, or safeguarding money.
FITNESS CENTER: A facility where members or nonmembers use equipment or space for the purpose of physical exercise.
FIXED MESSAGE SIGN: As an element of an accessory sign that displays a fixed message for a minimum fifteen (15) minutes at a time.
FLOOR AREA, GENERAL: Building footprint of the building or structure, but not including any area within the building utilized for the required off-street parking spaces.
FLOOR AREA, GROSS: The sum of the square footage of all of the floors of a structure or building above grade.
FLOOR AREA, USABLE (For the purposes of computing parking): That area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise hallways, or for utilities or sanitary facilities, shall be excluded from this computation of "Usable Floor Area." 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.
FOOT-CANDLE: A unit of illumination produced on a surface, all points of which are one foot (1’) from a uniform point source of one (1) candle.
FRONTAGE: All the property on one (1) side of a street measured along the line of the street.
FRONT YARD SETBACKS: See SETBACKS.
FUELING STATION: A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories.
FUNERAL SERVICES: Services customarily provided by a funeral service practitioner including, but not limited to, care and preparation of human remains for final disposition, professional services relating to a funeral or an alternative to a funeral, transportation of human remains, limousine services, use of facilities or equipment for viewing human remains, visitation, memorial services or services that are used in connection with a funeral or alternative to a funeral, coordinating or conducting funeral rites or ceremonies, and other services provided in connection with a funeral, alternative to a funeral or final disposition of human remains.
GARAGE: A structure or portion thereof which is used for the storage of motor vehicles.
1. GARAGE, PRIVATE: A building, either attached or detached, designed to store motor vehicles and other household appurtenances used solely for the purposes of providing transportation to and maintenance of the building and grounds.
2. GARAGE, PARKING: Also known as a parking structure, is a building or structure consisting of more than one level and used to store motor vehicles typically for short term, daily periods of time. The garage may be public or private, free or for a fee measured hourly, daily, weekly, etc.
GOLF COURSE: A tract of land laid out for at least nine holes for playing the game of golf tha may include a clubhouse, dining and snack bars, pro shop and practice facilities.
GOVERNMENT USE: Federal/State owned property not subject to this Ordinance. Government uses include land.
GRADE, ESTABLISHED: The ground elevation established for the purpose of regulating the number of stories and the height of buildings or structures. The building grade shall be the level of the ground adjacent to the exterior foundation walls of the building or structure if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building. For fences, if the grade adjacent to panel.
HALFWAY HOUSE: See Transitional Housing
HANCOCK COUNTY MAJOR THOROUGHFARE PLAN: A plan adopted by the Hancock County Commissioners that includes a functional classification system of roadways that designates the roles and hierarchy of each route within the Hancock County transportation network combined with recommendations for future development in the right-of-way for transportation needs.
HAZARDOUS WASTE: Any waste or combination of waste in solid, liquid, or semi-solid or contained gaseous form which falls within the definition of Hazardous Waste under O.R.C. 3734.01 (j).
HEALTH CARE CLINICS: A health care facility which provides for diagnosis and treatment services on an emergency or outpatient basis with no provisions for residential care.
HEALTH CARE OFFICES: A facility in which health care services are provided. For this definition, health care services include, but are not limited to, general medical, dentistry, optometry, and chiropractic services.
HEALTH CLUB: An establishment that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, swimming facilities, and saunas, showers, massage rooms and lockers.
HIGHWAY: LIMITED ACCESS, ARTERIAL, MAJOR, SECONDARY, COUNTY AND TOWNSHIP: An officially designated federal, state, county (or) township road designated as such on the official Thoroughfare Plan of Hancock County.
HOME BUSINESS: Any occupational activity carried on exclusively by a member of an immediate family residing on the premises and conducted entirely on the premises. No commodity shall be sold on the premises nor mechanical equipment used in the fabrication or alteration of products, tools, gear, etc., from which external effects of which may adversely affect adjacent property. Home businesses shall be clearly incidental and secondary to the use of the premises for dwelling purposes and shall not change the structural character thereof.
HOME OCCUPATION: Any use conducted entirely within a dwelling and participated in solely by members of the family residing therein, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof and in connection with which there is no commodity sold upon the premises except that which is produced thereon, and provided.
HOSPICE FACILITY: A facility that provides palliative care and attends to the emotional, spiritual, social, and financial needs of terminally ill patients at a residential facility.
HOSPITAL: An institution that provides medical, surgical, or psychiatric care and treatment for the sick or injured in both an outpatient and inpatient capacity. This definition, as used in the Ordinance, does not include the care or treatment of animals.
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, hall or office.
INCOMPATIBLE ZONING DISTRICT: A condition where one (1) zoning district abutting another of a different classification and allowing uses whereas to create conditions adverse to the less intensive use category. An example would be a residential district adjacent to an industrial district.
INDIVIDUALIZED TEXTILES: Services provided by a resident homeowner such as dressmaking, tailoring, or alterations to clothing brought to the location.
INDUSTRIALIZED UNIT: A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site of intended use. “Industrialized unit” includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. “Industrialized unit” does not include a manufactured or mobile home as defined in this ordinance. For the purpose of this ordinance, an industrialized unit is a dwelling.
INDUSTRIAL MANUFACTURING: The processing, fabricating, assembling, wholesaling, cleaning, testing, packaging, repairing of goods when totally enclosed within a building.
INDUSTRIAL, LIGHT: Industrial uses that meet the performance standards, bulk controls, and other requirements contained in this ordinance.
INFILL: The process of utilizing or redeveloping vacant or underutilized land in a developed area under the same or similar development standards that define a subdivision or locality.
INOPERABLE VEHICLE: (see General Offenses Code) Inoperable vehicle means any motor vehicles which meets one of the following requirements:
1. It does not display a valid license plate, or;
2. Is either wrecked, partially wrecked, dismantled, partially dismantled, discarded condition, or is incapable of being driven, or;
3. It is wrecked, partially wrecked, dismantled, partially dismantled, discarded, or is incapable of being driven and has remained in such condition for a continuous period of at least fourteen (14) days.
INSTITUTION: Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNKYARD: An area where waste, used, or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, sorted or handled including but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junkyard" includes automobile wrecking yards and includes any open area of more than two hundred square feet (200 sq. ft.) for storage, keeping or abandonment of junk.
KENNEL: An establishment in which dogs or domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
KENNEL, PRIVATE: The keeping, breeding, raising, showing, or training of four (4) or more dogs over six (6) months of age for the personal enjoyment of the owner or occupant of the property.
KIOSK: A free standing structure upon which information and/or posters, notices, and announcements are posted.
LABORATORY, MEDICAL: A building, structure or part thereof used for conducting scientific experiments, analysis of tissue, and blood examinations, or similar activities.
LANDFILL: A site for the disposal of solid wastes (as defined in Ohio Revised Code Chapter 3734.01) in a manner that minimizes environmental hazards by compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.
LANDSCAPE: (1) An expanse of scenery; (2) lawns, trees, plants, and other natural materials, such as rock and wood chips, and decorative features, including sculpture, patterned walks, fountains, and pools.
LAND USE PLAN: The long-range plan for the desirable use of land in the City of Findlay as adopted by the City Planning Commission. The purpose of such Plan, being among other purposes, is to serve as a guide for zoning designations and the progressive change of the community. The City of Findlay’s Comprehensive Land Use Plan was adopted in 2007.
LARGE-SCALE RETAIL PROJECT: Development of one (1) or more retail establishments on a single site with common parking facilities with an aggregate floor area of fifty thousand square feet (50,000 sq. ft) or greater.
LAND BANK: Government acquired land held for future use.
LAND USE: A description of how land is occupied or used.
LAUNDROMAT: An establishment providing washing, drying, or dry-cleaning machines on the premises for rental use to the general public.
LESS NONCONFORMING: Describes an improvement to a property that is nonconforming, but the improvement somehow reduces the degree of nonconformity, or it describes a use that is still nonconforming, however is less intensive per the North American Industry Classification System (NAICS).
LETTER OF SUBMITTAL: Transmittal from applicant or representative that accompanies an application with a brief explanation about the project.
LINGERIE STUDIO: Place of business for the purpose of selling lingerie products and where the customer views the apparel on live models.
LIVESTOCK: Any animal generally used for food or in the production of food or other agricultural purposes, including but not limited to cattle, sheep, goats, rabbits, poultry, and swine.
LIVING AREA: The area of a residential unit excluding garage, basement, or other areas that is typically unimproved with plumbing and ventilation.
LOADING SPACE: A space within the main building or on the same lot therewith, providing for the temporary standing, for loading or unloading of trucks, and having a minimum dimension of twelve by forty feet (12 by 40’) and a vertical clearance of at least fourteen feet (14’).
LODGING HOUSE: A dwelling containing not more than one (1) living unit where lodging with or without meals is provided for compensation to one (1) or more persons but not more than thirty (30) persons at one time.
LOT: A parcel of land occupied, or intended to be occupied, by a principal building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance. A lot may or may not be specifically designated as such on public records.
LOT AREA: The total horizontal area within the boundary lines of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT, COVERAGE: The part or percent of the lot dimensions occupied by roofed structures.
LOT DEPTH: The mean horizontal distance between the front lot line and the rear lot line of a lot measured within the lot boundaries.
LOT, DEVELOPABLE: Parcels or sites free of constraints to development such as, but not limited to, wetlands, steep slopes, water bodies, unstable soils, easements, floodplain, and legal impediments and that have frontage on or access to an improved roadway and can be served by public or private utilities and facilities such as sewer, water, electricity, and gas.
LOT FRONTAGE:
1. Triple Frontage Lot: A lot abutting street right-of-way along three (3) sides. This lot shall be permitted a fifteen-foot (15’) street side yard setback along the right-of-way having the greatest length.
2. Reverse Frontage Lot: A lot abutting a major/secondary thoroughfare and a minor street. The property must be accessed from the minor street as prescribed by the City of Findlay Subdivision Regulations.
LOT, INTERIOR: Any lot, other than a corner or through lot. Lot lines abut one another rather than street frontage or rights-of-ways.
LOT LINES: The lines bounding a lot as defined herein:
1. Front Lot Line: In the case of an interior lot, a front lot line is that line separating said lot from the street right-of-way. In the case of a through lot, or reverse frontage lot, if the property has triple access from the right-of-way, then the front lot line setback must be maintained.
2. Rear Lot Line: That lot line which is opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front line, not less than ten feet (10’) long lying farthest from the front lot line and wholly within the lot.
3. Side Lot Line: Any lot line other than the front lot line or rear lot line.
LOT OF RECORD: Any lot which individually or as a part of a subdivision has been recorded in the Office of the Hancock County Recorder.
LOT, THROUGH: Any lot of which two (2) nonadjacent sides abut upon two (2) streets regardless of whether the streets are parallel. In the case of a row of such lots, all yards of said lots adjacent to the streets shall be considered frontage, and front yard setbacks shall be provided for each street.
LOT WIDTH: The width of a lot at the right-of-way line measured at right angles to its depth.
MAJOR AUTOMOBILE REPAIR: (see AUTOMOBILE REPAIR, MAJOR)
MANUFACTURED HOME: A building unit or assembly of closed construction fabricated in an off-site facility that conforms with the Federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974,” and that has a label or tag permanently affixed to it certifying compliance with all applicable Federal construction and safety standards.
MANUFACTURED HOME PARK: Any lot, parcel or tract of land designed exclusively for manufactured homes or mobile homes used for human habitation where such homes are parked, either free of charge or for revenue purposes, which include any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such Manufactured Home Park; and falling within the definition of a “Manufactured Home Park” in O.R.C. 3733.01.
MANUFACTURING, HEAVY: The manufacturing of products from raw or unprocessed materials where the finished product may be combustible or explosive. This category shall also include any establishment or facility using large, unscreened outdoor structures such as conveyor belt systems, cooling towers, cranes, storage silos, or similar equipment which cannot be integrated into the building design or engaging in large-scale outdoor storage. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. This use shall include any packaging of the product being manufactured on-site. Examples include, but are not limited to, the production of the following: large-scale food and beverage operations, lumber, milling, and planning facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; chemical blending, mixing, or production, and plastic processing and production.
MANUFACTURING, INDUSTRIAL GENERAL: Any manufacturing or industrial process including food processing which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter, or water-carried waste.
MANUFACTURING, LIGHT: The manufacture, predominately from prepared materials of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales and distribution of such products, but excluding basic industrial processing and custom manufacturing.
MANUFACTURING, OTHER ANIMAL FOOD: NAICS Classification Code 311119, this U.S. industry comprises establishments primarily engaged in manufacturing animal food (except dog and cat) from ingredients such as grains, oilseed mill products, and meat products.
MASSAGE THERAPY: The business of providing massage services operated by a duly licensed medical doctor, osteopath, chiropractor, nurse, physical therapist or licensed massage therapist treating patients in a duly licensed facility and/or location.
MEZZANINE: A low-ceilinged story between two main stories in a building, sometimes in the form of a balcony projecting partly over the main floor.
MICROBREWERY: A brewery that produces less than two thousand (2,000) barrels of beer per year with seventy-five percent (75%) or more of its beer sold off site. Microbreweries sell to the public by one (1) or more of the following methods: the traditional three-tier system (brewer to wholesaler to retailer to consumer); the two-tier system (brewer acting as wholesaler to retailer to consumer).
MINING: All or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits open pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, underground mining, and surface work incidental to an underground mine.
MINIMUM REQUIREMENTS: The threshold establishing the least number or amount of factors, elements, etc., via measurable or designed criteria. More requirements can exist but not less than the minimum.
MINI-WAREHOUSE: A building or group of buildings in a controlled access and fenced compound that contains varying sizes of individual, compartmentalized, and controlled-access stalls or lockers for the dead storage of a customer's goods or wares. No sales, service, or repair activities other than the rental of dead storage units are permitted on the premises.
MINOR AUTOMOBILE REPAIR (See “AUTOMOBILE REPAIR, MINOR)
MINOR STREET: Refer to the City of Findlay Subdivision Regulations, Section 1111.02 (b) Type of Streets wherein the following types of streets are considered ‘Minor’ for this Zoning Ordinance: Industrial service streets; multiple-family residential streets (where platted); minor (single-family residential) streets; and residential and industrial cul-de-sac streets.
MIXED-USE DEVELOPMENT: The development of a neighborhood, tract of land, building, or structure with a variety of complimentary and integrated uses, such as, but not limited to, residential, office, manufacturing, retail, public space, and recreation, in a compact urban form. This ordinance allows for mixed uses in structures in the downtown commercial district; it allows for mixed zoning classifications and uses with the PRD (Planned Residential District) and the PMUD (Planned Mixed Use District).
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 (1) or more Chapters, is not titled as real estate, and does not qualify as a manufactured home or as an industrialized unit as defined in O.R.C. 3781.06.
MOBILE HOME PARK: A site containing spaces with required improvements and utilities that are leased for the long-term placement of manufactured houses.
MOBILE SERVICE VEHICLES: Is either a motorized vehicle or a trailer pulled by a motorized vehicle that is typically licensed and registered as a commercial vehicle and is used to provide a service or product from site to site. This includes, but is not limited to a food truck/trailer, repair vehicle, construction/equipment vehicle, landscape service vehicle/equipment, and other vehicles or trailers providing similar services and/or products.
MOBILE SERVICES: Any business that provides services off premise using a vehicle licensed by the Ohio Bureau of Motor Vehicles or another states equivalent. Examples include windshield repair, dog grooming, oil change, vehicle maintenance, carpet cleaning, etc. Trailers used in connection with mobile services are subject to regulations for trailers. (See trailer definition.)
MODULAR HOME: See Industrialized Unit.
MORTUARY: A building, or structure, or part thereof designed for the temporary reception, care, and preparation of the bodies of the dead before burial.
MOTEL: A building in which lodging, or boarding and lodging, is provided and offered to the public for compensation, and in which ingress and egress to and from all rooms is made from outside the building, directly into each room, without having to go thru a lobby or office.
MOTOR VEHICLE SALES AND RENTAL: The sale or rental of new and used motor vehicles, motorcycles, recreational vehicles, trailers, or travel trailers, including accessory services.
NAICS CODE: See “North American Industry Classification System”
NIGHT CLUB: A facility which is open to the general public for entertainment and socializing. Alcohol is typically sold on the premises; however, it is not required in order to be considered a night club.
NONCONFORMING USES: The use of land, or a building, or a portion thereof, which does not conform with the use regulations of the District in which it is situated at the effective date of this Ordinance, or amendment thereof.
NONCONFORMING STRUCTURE: A building or structure, or portion thereof, lawfully existing at the effective date of this Ordinance or amendments thereto, and that does not conform to the provisions of the Ordinance in the District in which it is located.
NORTH AMERICAN INDUSTRY CLASSIFICATION SYSTEM (NAICS): The standard used by federal statistical agencies in classifying business establishments for the purpose of collecting, analyzing, and publishing statistical data related to the U.S. business economy. It can be found on-line at http://www.census.gov/eos/www/naics/
NUISANCE: Anything that annoys or disturbs the use or enjoyment of property; or the use of one’s own property in a way that annoys or disturbs others’ use or enjoyment of property.
NUISANCE PER SE: A nuisance existing regardless of location or circumstances of use.
NURSERY, RETAIL: The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers, as well as the sale of garden tools and similar accessory and
ancillary products, to the general public.
NURSERY, WHOLESALE: The growing, cultivation, storage, and sale of garden plants, flowers, trees, shrubs, and fertilizers to landscapers, developers, builders, and retail nurseries.
NURSERY SCHOOL: The use of land, building, structure, or part thereof, where children of pre-school age (two (2) to five (5) years old), regularly meet for training and supervised play.
NURSING HOME: A residential care facility providing nursing care on a 24-hour basis, physical and/or social rehabilitation services and room and board and meets O.R.C. 3750 (F) (1).
OFF-SITE IMPROVEMENT: An improvement required to be made off-site as a result of an application for development and including but not limited to, road widening and upgrading, storm water facilities, and traffic improvements.
OFF-STREET PARKING LOT: A facility providing parking spaces for more than three (3) vehicles along with adequate ingress/egress drives and maneuvering aisles.
OFFICE: A building, structure, or part thereof, including any rooms therein, in which the business of an industrial corporation or government bureau, or of a professional nature is carried
out.
OHIO REVISED CODE: (O.R.C. or R.C.) contains the laws of Ohio, which the legislature enacts.
OPEN SPACE: An area that is intended to provide light and air. Open space may include, but is not limited to, meadows, wooded areas, and water bodies.
OPEN SPACE, RESTRICTED: Open space within a conservation development that is of sufficient size and shape to meet the minimum zoning requirements and that is restricted from further development according to the provisions of this Zoning Ordinance.
OTHER ANIMAL FOOD MANUFACTURING: See MANUFACTURING, OTHER ANIMAL FOOD OUTDOOR DISPLAYS: The display and sale of products and services outside of a building or structure, including but not limited to garden supplies, flowers, shrubs, mulch, fertilizer, and other plant materials; gas, tires, windshield wiper solution, and motor oil; food and beverages; firewood; grilling supplies, including charcoal, propane gas tanks, vehicles, and ice machines.
OUTDOOR STORAGE: The keeping of personal or business property or motor vehicles in a required open parking space or any other area outside of a building for a period of time.
OUTPARCEL, SHOPPING CENTER: An area of no less than ten thousand, five hundred square feet (10,500 sq. ft.) and a minimum width of 100 feet (100’) at the property line located within a shopping center as defined in this code that shares a common parking lot with the other buildings and establishments within said shopping center but which is separated from the principal building and establishment by a parking area of at least 75 feet (75’).
OVERLAY DISTRICT: An additional zoning classification that is applicable to an existing area with an underlying zoning classification. Overlay districts add and establish regulations, flexibility, uses of land, buildings or structures (example, the Riparian Overlay District), or zoning elements that otherwise are typically excluded from a particular district.
PARKING SPACE: An area of definite length and width, fully accessible for the parking of permitted vehicles, said area shall be exclusive of drives, aisles or entrances giving access thereto.
PERMITTED USE: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
PERSON: An individual, corporation, governmental agency, business trust, estate, trust, partnership, associations, two or more persons having a joint or common interest, or any other legal entity.
PERSONAL SERVICES: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, dry cleaning service, watch repairing, barber shop, beauty parlors and similar activities.
PICKUP WINDOW: A window where a patron picks up a pre-ordered product or conducts banking services.
PLACE OF WORSHIP: A building, together with its accessory buildings and use, where persons regularly assemble for religious purposes and related social events and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain religious ceremonies and purposes.
PLANNED SHOPPING CENTER: A single use or mixed use of three (3) or more retail, restaurant, and other allowed business uses on a lot or lots that share parking, or access, or allow the movement from one (1) entity to another without the use of a public right-of-way.
PLANNED RESIDENTIAL DEVELOPMENT (PRD): The Planned Residential Development (PRD) is a voluntary procedure that provides an overlay district that is intended to encourage innovative design, conservation of significant natural features, consolidation of open space, and a mixture of residential uses with an integrated design in Residential zoning districts. The PRD allows greater design flexibility so that natural features and open space may be preserved and enhanced through site development in a coordinated and efficient manner.
PLANNED MIXED USE DEVELOPMENT (PMUD): The Planned Mixed Use Development Overlay (PMUD) is a voluntary procedure that provides an overlay district that is intended to encourage innovative design, conservation of significant natural features, consolidation of open space, and a mixture of residential, commercial, and industrial uses with an integrated design. The PMUD allows greater design flexibility so that natural features and open space may be preserved and enhanced through the location and configuration of development while an array of uses may be integrated in a coordinated, efficient and compatible manner.
PLANNING COMMISSION STAFF: The Findlay City Planning Commission exists without a department and staff of its own. Instead, the “staff” consists of several public entities to assist with the review and procedures set forth on its behalf in this Zoning Ordinance. The entities include the Findlay Engineering Department, Findlay Fire Department, and the Hancock
Regional Planning Commission.
PORCH: A roofed entryway, enclosed or unenclosed, that is not used as living space.
PRINCIPAL USE: The main use to which the premises are devoted and the principal purpose for which the premises exist.
PROFESSIONAL SERVICES: Establishments primarily engaged in providing assistance, as opposed to products, from licensed professionals such as doctors, dentists, lawyers, architects, engineers, realtors, and others of like category.
PROSECUTOR, CITY: The Prosecutor of the City of Findlay.
PUBLIC NUISANCE: A nuisance that interferes with a communal right and that may lead to civil injunction or criminal prosecution.
PUBLIC USES: Uses which provide or maintain public services. These include, but are not limited to: public parks; schools; administrative, cultural and service buildings; libraries; hospitals; and museums.
QUASI-PUBLIC USES: Uses which provide or maintain public services and are open to the public without a commercial use. These include, but are not limited to: public parks; schools; administrative, cultural and service buildings; churches; libraries; hospitals; museums; fraternal organizations; private clubs; lodge halls; and other similar uses servicing the needs of the region and Central Business District users.
PUBLIC UTILITY: Any person, firm, corporation, local department, or board duly authorized to provide services to the public under state or local regulations: electricity, gas, communication, transportation, water, and other similar services. For purposes of this Ordinance and in the application of O.R.C. § 519.211.1 to the communication provisions herein, the following considerations shall be applied:
1. Municipality and state agency use of township land for utility purposes shall be considered use by a public utility;
2. An individual person or corporation may qualify as a public utility based on three (3) factors: the provision of a good or service to the general public is provided in a reasonable and indiscriminate manner; the utility rates and methods of operation are a matter of public concern requiring a license from the PUCO; and, although a lesser factor due to deregulation, there is lack of competition in the local marketplace;
3. A private utility operating pursuant to a state contract and lease in furtherance of state purposes shall be considered a public utility.
QUARRYING: The process of removing or extracting stone, rock, or similar materials from an open excavation for financial gain.
RADIO TOWER: Any structure with radio frequency transmission or reception equipment attached that is free standing or is to be connected to a building or other structure and is not owned or principally used by a public utility.
RECREATIONAL FACILITIES:
1. Non-Commercial Recreational Facilities: Private and semi-private recreational facilities which are not operated for commercial gain, including private country clubs, riding stables, golf courses, game preserves, and other private non-commercial recreational areas and facilities or recreational centers including private community swimming pools, and marinas.
2. Commercial Recreational Facilities: Recreational facilities established and operated for profit such as commercial golf courses, swimming pools, race tracks, amusement parks, carnivals, and similar commercial enterprises.
RECREATIONAL VEHICLE: Any vehicle or a vehicular portable structure designed and constructed to be primarily used for recreational or camping purposes or for the purpose of a temporary dwelling used for travel, recreation or vacation. Recreational vehicles shall include, but are not limited to travel trailers, pickup campers, motorized homes, folding tent trailers, boat and boat trailers, wave runners and trailers, jet skis and trailers, other personal watercraft, and any other related camping and recreational equipment.
RECYCLING CENTER: A lot or parcel of land, with or without buildings, upon which used materials are separated and processed for shipment for eventual reuse in new products.
REHABILITATION: To restore to condition for constructive activity in keeping with the style of architecture of the structure. Interior or exterior remodeling of a structure, other than ordinary repair.
RESTAURANT: A building, structure, or part thereof, where refreshments, snacks, or meals are provided to the public for compensation primarily on the premises; not drive-ins or not for carryout.
RETAIL BUSINESS: A business devoted exclusively to the sale of goods, generally in small quantities, to the public and ultimate consumer, as distinguished from wholesale businesses, defined herein.
RETENTION POND: A pond, pool, or basin used for the permanent storage of water runoff. Retention ponds differ from Detention Ponds in that the latter are temporary storage areas. Retention ponds have the potential for water recreation and water-oriented landscaping since the water remains. Both types of basins provide for the controlled release of the stored water, and they may permit ground water recharge. Retention ponds are usually not considered an impervious surface unless the bottom has a plastic or other impervious membrane.
RIGHT-OF-WAY LINE: A dividing line between a lot, tract or parcel of land and contiguous street.
ROOM: A room is a living room, dining room, or bedroom, equal to at least eighty square feet (80 sq. ft.) in area. A room shall not include the area in the kitchen, sanitary facilities, utility, provisions, corridors, hallways and storage.
SANITARY LANDFILL: An operation where refuse is compacted thoroughly and then covered with earth.
SCHOOL: A place or institution for teaching and learning, whether public or private, that is accredited by the Ohio Department of Education.
SCREENING: The provision of a physical barrier intended to obscure view from one (1) property to another. The screening typically runs parallel to a property line(s) and consists of opaque materials, both natural and manufactured. Natural landscaping involves using tall bushes such as arborvitae, hedges, or fir trees and other coniferous vegetation. It may also involve the use of mounding and shorter growth vegetation. Manufactured screening is typically in the form of fencing, wood or vinyl, or in walls made of stone or brick. Screening height typically measures six feet (6’) but may be as high as eight feet (8’) depending on the uses adjacent to the site subject to the review. The screening may be combined with buffering to offset different uses and their affects.
SECURITY FENCING: Fencing with barbed wire. The wire is included in the height measurement restrictions.
SEMITRAILER: Any vehicle of the trailer type that does not have motive power and is so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by the other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this division, and includes, for the purpose only of registration and taxation under those chapters, any vehicle of the dolly type, such as trailer dolly, that is designed or used for the conversion of a semitrailer into a trailer.
SERVICE-SAFETY DIRECTOR: Shall be the person or persons holding the position of Service Director, Safety Director, or the combination thereof, appointed by the Mayor and having the responsibility for overseeing the Zoning Department.
SETBACK (REQUIRED YARD): For the purpose of this Ordinance, the distance required to obtain conformity with the yard open-space requirements hereof shall be measured from property lines. The following setback types are utilized in this code: (add current code definitions)
1. Front Yard Setback: means an open space extending the full width of the lot, the depth of which is the minimum required horizontal distance between the front lot line and the nearest point of the main building or structure.
2. Rear Yard Setback: means the minimum required horizontal distance between the extreme rear line of a building or structure and the rear lot line.
3. Side Yard Setback: means the minimum required distance between a main building and the side lot line, extending from the front yard setback line to the rear lot line.
SEWAGE DISPOSAL SYSTEM, GROUP: A package system approved by the governmental authorities having jurisdiction which provides for the collection and disposal of sewage from a group of dwellings or buildings or a public utility sewage disposal system.
SHED: An accessory structure or building used primarily for storage purposes for items such as lawn equipment, tools and firewood. Sheds are not intended to provide access and storage of motorized vehicles.
SHOPPING CENTER: See Large-scale retail project.
SHORT TERM: 180 days.
SHORT TERM RESIDENTIAL RENTAL: See Bed and Breakfast
SIDEWALK: A leveled, paved, linear surface area separated from but usually running parallel to the traveled way and used as a pedestrian walkway.
SIGN: A name, identification, description, display, or illustration which is affixed to, painted or represented, directly or indirectly upon a building, structure, parcel, or lot and which directs attention to an object, product, place, activity, person, institution, or organization or business.
SIGN, ACCESSORY: A sign which is related to the principal use of the premises upon which it is located.
SIGN AREA: “Sign area” means the entire display area host to the advertising. This includes text and images. The area calculation is set forth in the definition of each sign type or as provided in each zoning district.
SIGN, COMMERCIAL ART: An artistic representation of a company such as a mascot or logo typically via statuary. (i.e., Ronald McDonald, Frisch’s Big Boy, etc.). Such signs shall not exceed ten feet (10’) in height and a five-foot (5’) diameter. The signs do not require a permit nor contribute to the allowable sign area.
SIGN EMBELLISHMENT: Any portion of a sign structure intended to improve the physical appearance of a sign, including roofs, moldings, railroad ties, lattice, or other decorative features.
SIGN, INFLATABLE: Inflatable advertising such as “Fly Guys” and inflated images that are operated by a fan, air pump, etc. which may appear to move around with the wind or may be affixed to the ground with rope and stakes (i.e., beer bottle at a festival).
SIGN, INTERSTATE HIGH RISE: A sign that exceeds forty feet (40’) but no greater than ninety feet (90’) in height, and is located within one thousand five hundred feet (1,500’) of the right-of-way of I-75 or State Route 15 and is located in a commercially zoned district. This sign shall not exceed three hundred square feet (300 sq. ft.) in area and shall not have more than four (4) additional panels exceeding seventy-five square feet (75 sq. ft.) in area. The setback from all lot lines shall be one half the height of the sign.
SIGN, PORTABLE: Any sign designed and manufactured, or constructed to be self-supporting, or self-contained, or transported, and not permanently attached to the ground or other permanent structure, including signs designed to be transported, but not limited to, signs designed to be transported by means of wheels; signs converted to “A” or “T” frames; menu and sandwich board signs; balloons used as signs.
SIGN, LOW PROFILE: Low profile sign means a sign that does not exceed eight feet (8’) in height and does not exceed the allowable sign area.
SIGN, NON-ACCESSORY: A sign which is not related to the principal use of the premises upon which it is located.
SIGN, PYLON: An accessory sign greater than eight feet (8’) in height but does not exceed 40 forty feet (40’).
SIGN, ROOF: As regulated by this Ordinance, any sign erected, constructed and maintained wholly upon or over the roof of any building with the principal means of support on the roof structure.
SIGN, SAIL: Banners using a horizontal arm to create a large graphic area for maximum visibility and that can have the ability to rotate with the wind to ensure the graphic will be visible from any direction.
SIGN, SUBDIVISION IDENTIFICATION: A sign at an entry to a platted subdivision which identifies the name of the subdivision.
SIGN, SUPPORTING STRUCTURE OF: The wall, post, column, cabinet, framework, ropes, chains, wires or similar devices that maintain the sign location.
SIGN, TEMPORARY: A sign or object that advertises land or buildings for sale, rent or lease, garage sales, banners, streamers, balloon or similar devices that are used to advertise a function, event or assist in gaining attention to the site for the specified period of time. Temporary signs may not exceed twelve square feet (12 sq. f.t) in area.
SIGN, WALL (SUBDIVISION IDENTIFICATION): Letters on a landscaping wall that are done for identification of a subdivision, office park, etc. The primary purpose of the wall is to provide an aesthetic feature to the site, wherein the sign area does not constitute more than fifteen percent (15%) of the wall area on which the text and images are affixed. The sign area shall be measured by calculating the area of the smallest single rectangle which would completely enclose all of the text and images.
SIGN, WALL BUILDING: A sign affixed to the wall of a building that is parallel to the lot line.
SITE: Parcel or group of parcels combined together for the purpose of containing a business or businesses, such as a strip commercial center, or entity or multiple entities such as a consortium of doctors’ offices, but sharing common elements such as parking, vehicular access and or circulation ways, roofing, HVAC systems, addresses, loading bays, etc. Site may or may not have been reviewed and approved by the City Planning Commission but operates as a common land mass wherein there is a relationship involving one or more of the aforementioned elements.
SLAUGHTERHOUSE: A facility for the slaughtering and processing of animals and the refining of their byproducts.
SMALL WIND TURBINE: A wind turbine with swept areas of two hundred (200) square meters or less (Radius less than 7.978 meters).
SOLAR ENERGY SYSTEMS, ACCESSORY are systems that are found as a subordinate use to a residential, commercial, industrial, or office use. Their purpose is mainly to add electricity to the site, but often generate extra for re-sale to the electric grid.
SOLAR ENERGY SYSTEMS, PRINCIPAL are typically larger, more commercialized industry of Photovoltaic installations. These large solar energy production facilities exist primarily for the production of electricity for the resale onto the electric grid.
SOLAR ENERGY SYSTEMS, LARGE SCALE: An Active Solar Energy System that occupies more than 40,000 square feet of surface area.
SOLAR ENERGY SYSTEMS, MEDIUM SCALE: An Active Solar Energy System that occupies more than 1,750 but less than 40,000 square feet of surface area
SOUND POWER LEVEL: - The noise emission of a WECS that is calculated by the WECS manufacturer as defined in IEC 61400-11, as amended.
SPECIALIZED NON-CUSTOMARY ANIMAL RAISING AND CARE: The use of land and buildings for the non-agricultural care or raising of animals such as mink, horses, dogs, cats, birds or fish. The maintenance of animal kennels and similar activities.
SPORTS AND RECREATIONAL FACILITY: Typically, a multi-use facility that can offer a range of indoor and outdoor space, or just one or the other, but is designed to accommodate numerous programmed sports activities. Larger facilities can accommodate several programs simultaneously, while smaller facilities may only facilitate a single venue at a time. Indoor facilities typically have high ceilings (35’-45’).
STOCK YARD: A large yard with pens, or stables where cattle, sheep, pigs, or similar animals are kept ready for shipping or sale, same may include such buildings and related equipment.
STORY: That portion of a building, except a mezzanine as defined herein, included between the surface of one (1) floor and the surface of the next floor above it, or if there is no floor above, then the space between such floor and ceiling next above. A basement shall not be counted as a story.
STREET: (See roadway classifications) A public right-of-way, which provides a public means of access to abutting property. It shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term, excluding an alley.
STREET SIDE YARD: Where a rear yard abuts another rear yard, the street side yard is the distance between the right-of-way and the setback line.
STRUCTURE: Anything constructed or erected, or placed on the land, the use of which requires a permanent location on the ground or attachment to something having location on the ground. This includes but is not limited to buildings, walls, fences, advertising signs and billboards.
SUBDIVISION RULES & REGULATIONS: Regulations adopted by the City of Findlay and Hancock County pursuant to Ohio Revised Code Chapter 711. The regulations set forth requirements and procedures for creating new lots, parcels, etc., such as requiring frontage on a public roadway, lot dimensions, ratio of frontage to depth, etc.
SURGERY CENTER: A health care facility that specializes in providing surgery, including certain pain management and diagnostic services in an outpatient setting.
SWIMMING POOL: Any structure, portable or permanent, containing a body of water twenty-four inches (24”) or more in depth and exceeds fourteen feet (14’) in diameter or length, whichever applies to the appropriate shape, or encompasses more than one hundred fifty square feet (150 sq. ft.) of water surface area, intended for recreational purposes, including a wading pool, in-ground pool, above-ground pools, swimming pools, hot tubs and spas. This does not include an ornamental reflecting pool or similar type pool, located and designed so as not to create a hazard or to be used for swimming or wading.
TEMPORARY USE OF BUILDING OR LAND: A use of a building or land permitted by the Board of Appeals to exist during a specified period of time with the intent to discontinue such use upon the expiration of the time period. Temporary uses do not involve the construction or alteration of any permanent building or structure.
THOROUGHFARE PLAN: (See “Hancock County Thoroughfare Plan”)
THROUGH LOT: Lot with frontage on two streets that are parallel or nearly parallel.
TOTAL SYSTEM HEIGHT: - The highest point, measured in feet above grade at the base of the WECS, that any part of the WECS reaches during normal operation.
TRANSIENT GUESTS: Means a person who occupies a short-term residential rental for not more than twenty-eight (28) consecutive days.
TRANSITIONAL HOUSING: A facility in which individuals live for a short period while receiving physical, emotional, social, or psychological therapy and counseling to assist them in overcoming physical, social or emotional problems, addiction, or mental illness.
TREATMENT FACILITY: A place where those with active addictions or mental illness, can receive professional interactive treatments for either outpatient or inpatient treatment.
TRUCK STOP: A facility intended to provide services to the trucking industry, including but not limited to the following activities: dispensing of fuel, repair shops, automated washes, restaurants, and motels; all as part of the facility.
URGENT OR EMERGENCY CARE FACILITY: A facility dedicated to the delivery of care to patients who have an injury or illness that requires immediate care, outside of a hospital emergency department, usually on an unscheduled, walk-in basis.
UTILITY TRAILER: A structure standing on wheels, towed or hauled by another vehicle which carry materials, goods, tools, animals, or other objects, or as a temporary office.
VARIANCE: A modification of the strict terms of the relevant regulations of the Zoning Ordinance where such modification will not be contrary to the public interest if granted and when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted.
WALL, OBSCURING: A structure of definite height and location to serve as an obscuring screen in carrying out the requirements of this Ordinance.
WAREHOUSE, MINI: See Mini-Warehouse.
WAREHOUSING: The business operation, or institution of the storing of goods, or merchandise.
WETLANDS: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Areas determined to be wetlands are subject to regulation by the U.S. Army Corps of Engineers and the Ohio Environmental Protection Agency. Three essential characteristics must be present for an area to be identified as a wetland: hydrophilic vegetation, hydric soils, and wetland hydrology.
WIND ENERGY CONVERSION SYSTEM (WECS): - A system designed to convert the wind’s kinetic energy into an alternative form of energy, including electrical, thermal, or mechanical energy.
YARD: The open space at grade between a building and adjoining lot line, on the same lot with a main building unoccupied and unobstructed from the ground upward, except as otherwise provided in this Ordinance, and as defined herein: (Also see "Setback" and “Lots”)
ZONING PERMIT: The document issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the provisions of this Ordinance.
ZONING OFFICER: The agent for the City who is responsible for the administration of the City Zoning Regulations and required inspections for zoning compliance per Ohio Revised Code Chapter 519.16. For the purposes of this Zoning Ordinance, the term Zoning Administrator is equivalent to Zoning Inspector.
ZONING DISTRICT MAPS: The Zoning District Map or Maps of the City of Findlay
together with all amendments subsequently adopted.
(Ord. 2023-115. Passed 12-19-23.)
DEFINITION EXHIBITS:
CORNER LOTS
CORNER LOT - WITH STREET SIDE YARD REQUIREMENTS
INTERIOR LOT YARD REQUIREMENTS
THROUGH LOT REQUIREMENTS
TRIPLE FRONTAGE LOT REQUIREMENTS
REVERSE FRONTAGE LOT YARD REQUIREMENTS
CORNER LOT CLEARANCE REQUIREMENTS
