For purposes of this Zoning Code the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "ACCESSORY BUILDING”. A building on the same lot with, and incidental and subordinate to, the principal building.
(2) "ACCESSORY USE." A use on the same lot with, and incidental and subordinate to, the principal use.
(3) "ADDITION." Any construction which increases the size of a building such as a porch, attached garage or carport, or a new room. When a structure already covers the maximum amount of land permitted by the Zoning Code, construction and addition would violate the terms of this Zoning Code, unless a variance is granted by the Zoning Board of Appeals. An addition is a form of alteration.
(4) "ADULT BOOKSTORE". An establishment that has a substantial portion of its stock-in-trade and offers for sale, for any form of consideration, any one or more of the following: 1) books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representation that are characterized by any emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or other instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities. (See additional Regulations in Chapter 1127)
(5) "ADULT CABARET" A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities, or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to the showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. (See additional Regulations in Chapter 1127)
(6) "ADULT MOTION PICTURE THEATER" An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas. (See additional Regulations in Chapter 1127)
(7) "ADULT-ONLY ENTERTAINMENT ESTABLISHMENT" An establishment where the patron directly or indirectly is charged a fee; where the establishment features entertainment or services which constitute adult material as defined in this chapter; or which features exhibitions, dance routines, or gyration choreography; or persons totally nude, topless, bottomless; or strippers (male or female), female impersonators; or similar entertainment or services which constitute adult material. (See additional Regulations in Chapter 1127)
(8) "ADULT DAY CARE FACILITIES" A facility where adults that are not normally capable of taking care of on an hourly or daily basis by qualified persons other than the primary care giver, without providing any overnight accommodations or routine medical service other than emergency service or administering of medication. The facility is characterized by the fact that the adults do not leave or are not capable of leaving the facility without assistance from the care giver.
(8.5) "ADULT FAMILY HOME" A residence or family that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults.
(9) "ADULT GROUP HOME" A residence or facility that provides accommodations to six to sixteen unrelated adults and provides supervision and personal care services to at least three of the unrelated individuals. Typically, elderly persons occupy adult group homes.
(10) "AGRICULTURE." The use of land for general farming, including farm residences and farm buildings, dairying, pasturage, agriculture, horticulture, viticulture, and animal and poultry husbandry, sod farming, raising and care of horses, but not including animal processing or any manufacturing process.
(11) "ALTERATION." Any change, addition or modification in construction, occupancy or use.
(12) "ALTERATIONS, STRUCTURAL.” Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or roof pitch.
(13) "AMUSEMENT ARCADES." A place of business within a building or outdoor structure or any part of a building having more four (4) mechanical or electronically operated amusement devices which are used for the purposes of public entertainment through the operation, use, or play of any table game or device commonly used as an electronic game which is operated by placing therein any coin, plate, disc, slug, key, card or token of value by payment of a fee.
(13.5) "APARTMENT." A room or suite of rooms in a multiple dwelling intended to be designed for use as a residence by a single family unit, or individual.
(14) "AUTOMOBILE SALES." A lot arranged, designed, or used for the storage and display for sale of any motor vehicle, recreational vehicle or any type of trailer provided the trailer is unoccupied. (See additional Regulations in Chapter 1127)
(15) "AUTOMOTIVE REPAIR" The repair, rebuilding, or reconditioning of motor vehicles, or parts thereof, including collision service, painting, and steam cleaning. (See additional Regulations in Chapter 1127)
(16) "AUTOMOTIVE OR METAL SALVAGE AND WRECKING." The dismantling, storage, sale, dumping, or wrecking of used, dismantled, partially dismantled, obsolete, or used wrecked motor vehicles, mobile homes, trailers, or parts thereof. See "JUNK YARD"
(17) "AWNING." A roof like cover that projects from the wall of a building for the purpose of shielding from the elements.
(18) "BASEMENT." A story all or partly underground but having at least one-half of its height below the average level of adjoining ground. A finished basement shall be included for the purpose of residential floor area if used for dwelling purposes. See "STORY."
(19) "BED AND BREAKFAST" A dwelling or part thereof, other than a hotel, motel, or restaurant where meals or lodging are provided for compensation for more than five and not more than 20 individuals where no cooking or dining facilities are provided in the individual rooms and where there is used only one sign not exceeding four square feet in area. (See additional Regulations in Chapter 1127)
(20) "BILLBOARD." See "SIGN "
(21) "BOARD." The Board of Zoning Appeals of the City.
(22) "BOARDING HOUSE" See "BED AND BREAKFAST"
(23) "BUILDING." Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, or property.
(24) "BUILDING, DETACHED." A building having no party wall in common with another building.
(25) "BUILDING, FRONT LINE OF." The line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.
(26) "BUILDING, HEIGHT OF." The vertical distance from the grade to 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 eaves and ridge for gable, hip, or gambrel roofs.
(27) "BUILDING LINE." The perimeter of that portion of a building or structure nearest a property line, but excluding open steps, terraces, cornices, and other ornamental features projecting from the walls of the building or structure.
(28) "BUILDING MATERIALS." Any materials, including wood, stone, brick, steel beams, roofing, pipes, rebar, cement block or any composition thereof, used for such erection of any building or structure.
(29) "BUILDING, PRINCIPAL OR MAIN." A building in which is conducted the main or principal use of the lot on which the building is situated.
(30) "BUILDING, TEMPORARY." A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction, or a building associated with the temporary sales and services that are permitted within parking areas, or temporary retail sales and services, such as the sales of plants, flowers, arts and crafts, farm produce, or similar items on lots other than parking lots. See "USE, TEMPORARY"
(31) "BUSINESS, GENERAL." Commercial uses which require locations on or near major thoroughfares or their intersections and which tend, in addition to serving day-to-day needs of the community, to supply the more durable and permanent needs of the whole community. "GENERAL BUSINESS" uses include, but need not be limited to, such activities as supermarkets, department stores, discount stores, general retail sales, and similar uses.
(32) "BUSINESS SERVICES." Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes businesses.
(33) "BUSINESS, WHOLESALE." Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
(34) "CANOPY." A roof like structure of a permanent nature which projects from the wall of a building and overhangs the public right-of-way.
(35) "CARPORT." A detached accessory building or portion of a principal building not completely enclosed by walls or doors for the parking or temporary storage of automobiles, travel trailers, or boats by the occupants of the premises. For the purpose of this Zoning Code, a "CARPORT" shall be subject to all regulations of a private garage.
(36) "CEMETERY." Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of the cemetery.
(37) "CHURCH." A building where persons regularly assemble for religious worship, and which is maintained and controlled by a religious body organized to sustain public worship.
(38) "CIRCULAR DRIVE". A tract of land that has a separate ingress and egress, extends into the street or alley, is used to conform to the requirements of "Off-Street Parking" , is used to create a continual forward motion of vehicles from ingress to egress and is in a half circular shape.
(39) "CLINIC." An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians or dentists practicing together. The structure may contain a pharmacy which sells only prescription drugs and medicines, but may not contain a drug store.
(40) "CLUB." A building or portion thereof or premises owned or operated by a corporation, association, person, or persons for a social, educational, or recreational purpose, primarily for the exclusive use of members and their guests, but not primarily for profit or to render a service which is customarily carried on as a business.
(41) "COMMERCIAL ENTERTAINMENT FACILITIES." Any activity conducted for a gain which is related to the entertainment field, such as motion picture theaters, nightclubs, cocktail lounges, bars, taverns, dance halls, amusement arcades, and similar entertainment activities.
(42) "COMMERCIAL SCHOOL." A specialized form of personal service dedicated to teaching arts, crafts, or other subject areas in a group setting.
(43) "COMMERCIAL STORAGE." A building or portion thereof used, rented, or leased out for the temporary storage of personal property.
(44) "COMMISSION." The Planning Commission of the City.
(45) "CONDITIONAL PERMITTED USE." A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
(46) "CONDITIONAL USE PERMIT." A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(47) "CONDOMINIUM." A single-dwelling unit in a multiunit dwelling or structure, that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
(48) "CONDOMINIUM _ DUPLEX." A single-dwelling unit that is in a Two - Family Dwelling or structure that is separately owned and may be combined with an undivided interest in the common areas and facilities of the property.
(49) "CONTRACTOR" A person or company that performs work for a person or company. The type of work could include but not limited to plumbing, electrical, landscaping, tree trimming / removal, excavation, HVAC, sign installation / maintenance, or general construction. (This excludes work that is performed by a family member that lives in the residence of the person that is requiring the work to be done.)
(50) "CONVERSION." See Alteration.
(51) "CONVENIENCE STORE." Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, Laundromats, hardware and grocery stores, if they are less than 10,000 square feet in total floor area and employ less than ten persons. Uses in this classification tend to serve a day-to-day need in the neighborhood.
(52) "COUNCIL." The Council of the City of Fostoria.
(53) "DAY CARE - FAMILY." The keeping for part-time care and/or instruction, whether or not for compensation, of six or less children at any time within a dwelling, not including members of the family residing on the premises.
(54) "DAY CARE - GROUP." An establishment for the care and/or instruction, whether or not for compensation, of seven or more persons at any one time. Child nurseries, preschools, and adult care facilities are included in this definition.
(55) "DENSITY." A unit of measurement; the number of dwelling units per acre of land.
(56) "DISABLED VEHICLE." "SEE INOPPERATIVE MOTOR VEHICLE"
(57) "DRIVE-IN COMMERCIAL USES." Any retail commercial use providing off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, and similar uses.
(58) "DRIVE-THROUGH COMMERCIAL USES." Any retail commercial use providing business transactions from a stopped, but not parked, vehicle.
(59) "DRIVEWAY". A tract of land which is used to conform to the requirements of "Off-Street Parking" or to gain access to a "Private Garage", is perpendicular to the street or alley and does not extend in front of the "Dwelling Unit" portion of the primary structure in a residential area.
(60) "DWELLING." A building or portion of a building designed for residential purposes, including single-family, two-family, and multiple dwellings, but not including hotels, motels, and bed and breakfasts.
(61) "DWELLING, ATTACHED." A dwelling with two or more party walls or one party wall in the case of a dwelling at the end of a group.
(62) "DWELLING CLASSIFICATIONS."
A. "INDUSTRIALIZED UNIT." An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement.
B. "MULTIPLE-FAMILY." A dwelling consisting of three or more dwelling units with varying arrangements of entrances and party walls, and designed for occupancy by families.
C. "SINGLE-FAMILY." A building designed and/or used exclusively for residential purposes for one family and containing not more than one dwelling unit.
D. "TWO-FAMILY." A detached or semi-detached building used for residential occupancy by two families living independently of each other.
(63) "DWELLING, DETACHED." A dwelling which is designed to be and is separate from any other structure or structures.
(64) "DWELLING, SEMI-DETACHED." A dwelling having a party wall in common with another dwelling but which otherwise is designed to be and is separate from any other structure or structures.
(65) "DWELLING UNIT." One or more rooms, including a bathroom and complete kitchen facilities, which are arranged, designed or used as living quarters for one family or household.
(66) "EASEMENT." That portion of land or property reserved for present or future use by a person or agency other than the legal fee owner(s) of the property. The easement shall be permitted to be for use under, on or above said lot or lots.
(67) "EDUCATIONAL INSTITUTION." A public or parochial school of primary. elementary, high, or college level education including accessory uses or structures.
(68) "ESSENTIAL SERVICES." The erection, construction, alteration, or maintenance by public utilities of municipal or other governmental agencies; or underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, 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; reasonably necessary for the furnishing of adequate service of public utilities of municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein
(69) "EVERGREEN". Any tree that retains its green living foliage the entire year.
(70) "FAÇADE" That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.
(71) "FAMILY." One or more persons (no more than five unrelated) occupying a dwelling and living as a single dwelling unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel, as herein defined.
(72) "FENCE." A structure for enclosure or screening.
(73) "FLOOR AREA (for determining floor area ratio)" The sum of the gross horizontal area of every floor of a building measured from the exterior walls or from the center line of walls separating two buildings. The floor area shall include: elevator shafts and stairwells at each floor; floor space used for mechanical equipment except equipment located on the roof; penthouses, roofed porches, breezeways, interior balconies, and mezzanines and attics having head room of seven feet, ten inches or more; and floor area devoted to accessory uses. However, any space devoted to off-street parking shall not be counted in the floor area ratio.
(74) "FLOOR AREA, NONRESIDENTIAL." The sum of the horizontal area of every floor of a specific use, excluding stairs, washrooms, elevator shafts, maintenance rooms, storage spaces, display windows, fitting rooms, and similar uses. All dimensions shall be measured between interior faces of walls for determining off-street parking requirements.
(75) "FLOOR AREA, RESIDENTIAL." The sum of the horizontal area of the floors of a residential building, excluding basement areas not devoted to residential uses. All dimensions shall be measured between interior faces of walls.
(76) "FLOOR AREA RATIO." The total floor area of a building or buildings on a lot, divided by the area of that zoning lot.
(77) "FOOD PROCESSING." The preparation or processing of food products. Examples of activities included are bakeries, dairies, canning of fruits and vegetables, and meat packing.
(78) "GARAGE, PRIVATE." A detached accessory building enclosed on all sides for the parking or temporary storage of automobiles, travel trailers, or boats by the occupants of the premises.
(79) "GARAGE, PUBLIC." A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, trailers, and the like.
(80) "GARAGE, SERVICE STATION." Buildings and premises where gasoline, oil, grease, batteries, tires, and motor vehicle accessories may be supplied and dispensed at retail. Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of disabled vehicles, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than found in service stations. A service station is not a repair garage nor a body shop.
See "AUTOMOTIVE REPAIR" and "AUTOMOTIVE OR METAL SALVAGE AND WRECKING."
(81) "HALFWAY HOUSE" See "INSTITUTION"
(82) "HOME OCCUPATION." An accessory use of a dwelling or accessory building for gainful employment involving the manufacture, provision, or sale of goods or services.
(83) "HOTEL." A building containing five or more guest rooms in which lodging is provided to the public for compensation, which is open to transient guests, and distinguished from a boarding house or a bed and breakfast.
(84) "INSTITUTION.(HALFWAY HOUSE)" Building or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or correctional services. Such services include drug and alcohol rehabilitation, assistance to emotionally and mentally disturbed persons, and halfway houses for prison parolees and juveniles.
(85) "JUNK." Means any one item or combination of any of the following: batteries, paper, rubber, storage, or more than four bikes or parts thereof; lumber pallets or the accumulation of pallets in a residential area without permit; building material that are stored for more than three months in an outside area where active building has no occurred.
(86) "JUNK YARD" An establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. It shall also include scrap metal processing facilities and any site, location, or premises on which are kept two or more junk motor vehicles, whether or not for a commercial purpose. See "AUTOMOTIVE OR METAL SALVAGE AND WRECKING." See also Ohio R.C. 4737.05.
(87) "KENNEL." Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, or sold and which offers provisions for minor medical treatment.
(88) "LAND USE PLAN." The long range plan for the desirable use of land in the City, as adopted by the Planning Commission; the purpose of the plan being, among other purposes, to serve as a guide in future development and zoning for the community.
(89) "LANDSCAPING." The finishing and adornment of unpaved yard areas. Materials and treatment generally include naturally growing elements such as grass, trees, shrubs and flowers. This treatments shall be permitted also to includes the use of logs, rocks, fountains, water features and contouring of the earth.
(90) "LAUNDROMAT." A business that provides professional cleaning, home-type washing, drying, 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.
(91) "LOADING SPACE, OFF-STREET." Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(92) "LOT." 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. The lot shall have frontage on an improved public or on an approved private street, and may consist of a single lot of record; a portion of a lot of record or a combination of complete lots of record.
(93) "LOT COVERAGE." The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(94) "LOT FRONTAGE." The front of a lot shall be construed to be the portion adjacent to the street right-of-way. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "YARDS".
(95) "LOT LINES."
A. "FRONT LOT LINE." The line separating the lot from the street right-of-way line.
B. " REAR LOT LINE." The line of the lot opposite from the front lot line.
C. "SIDE LOT LINE." Any lot line which meets the front lot line at an angle equal to or greater than 30 degrees.
(96) "LOT MEASUREMENTS." A lot shall be measured as follows.
A. "DEPTH." The distance between the midpoint of the front lot line and the midpoint of the rear lot line.
B. "WIDTH." Lot width means the horizontal distance between the side lot lines measured at right angles to the depth.
(97) "LOT, MINIMUM AREA OF." The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(98) "LOT OF RECORD." Any lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(99) "LOT TYPES." Terminology used in this Zoning Code with reference to corner lots, interior lots, and through lots is as follows.
A. "CORNER LOTS." A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.
B. "INTERIOR LOT." A lot with only one frontage on a street.
C. "REVERSED FRONTAGE LOT." A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
D. "THROUGH LOT." A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(100) "LOT, ZONING." A lot, which at the time of filing for a zoning certificate, is designated by its owner or developer as the lot to be used, developed, or built upon under single ownership and meeting all requirements of Chapter 1127.
(101) "MAINTENANCE AND STORAGE FACILITIES," Land, buildings, and structures devoted primarily to the maintenance and storage of equipment and materials.
(103) "MARQUEE." See "CANOPY."
(105) "MORE RESTRICTIVE." In reference to a nonconforming use, the changing of a use to a more conforming permitted use, thus increasing the requirements such as side yards, and the like, or increasing the compatibility of a nonconforming use to the requirements of the district in which it is located.
(106) "MOTEL." See "HOTEL."
(107) "MOTOR VEHICLE." Every devise in, on or by which any person or property may be transported or drawn by power other than muscular power.
(108) "NFPA" National Fire Protection Association Standards.
(109) "NONCONFORMITIES." A building, structure, or use of land existing at the time of enactment of this Zoning Code, and which does not conform to the regulations of the district or zone in which it is situated.
(110) "NURSERY" or "NURSING HOME," A home or facility for the care and treatment of babies, children, or elderly people.
(111) "NURSERY, PLANT MATERIAL." Land, building, structure, or combination thereof for the storage, cultivation, or transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.
(112) "OBBC." Ohio Basic Building Code.
(113) "PARKING FACILITY." A tract of land which is used for the storage of motor vehicles, not accessory to any other use on the same lot and containing parking spaces rented to the general public or reserved for individuals by the hour, day, week, or month.
(114) "PARKING LOT." An accessory use located on the same lot as the principal use for the storage of motor vehicles whether for free, for compensation, or as an accommodation.
(115) "PARKING SPACE, OFF-STREET" An "OFF-STREET PARKING SPACE" shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but located totally off any street or alley right-of-way and subject to the requirements of Chapter 1131.
(116) "PERSON" Any person, firm, partnership or association of any kind.
(117) "PERSONAL SERVICE." The sale of services to the general public, such as repair services, barber or beauty shops, and similar activities.
(118) "PLANNED UNIT DEVELOPMENT." An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a preplanned environment.
(119) "PLANT CULTIVATION." The cultivation of crops, fruit trees, nursery stock, truck garden products, and similar plant materials outside of structures, such as greenhouses, but not including such plant cultivation as is conducted on residential properties for the primary benefit of the resident family.
(120) "PROFESSIONAL ACTIVITIES." The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, real estate agents, contractor's offices, and accountants, but not including veterinarians.
(121) "PUBLIC IMPROVEMENT." Any drainage ditch, storm sewer or drainage facility, sanitary sewer, water main, roadway, parkway, sidewalk, pedestrian way, tree lawn, off-street parking, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or for which the local government responsibility is established.
(121.5) "PUBLIC SERVICE FACILITY." The erection, construction, alteration, operation, or maintenance of buildings by a public utility, by a railroad (whether publicly or privately owned), or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage services.
(122) "PUBLIC USES." Public parks, libraries, and administrative and cultural buildings and structures.
(123) "PUBLIC WAY." Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(124) "RECREATIONAL CAMP." An area of land on which two or more travel trailers, campers, tents, or other similar temporary recreational structures are accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing the accommodations.
(125) "QUASI-PUBLIC" Essentially a public use, although under private ownership or control.
(126) "QUARUM" A majority of the authorized members of a board or commission.
(127) "RECREATIONAL FACILITY. RESTRICTED." Public or private recreational facility which requires less land than a nonrestricted facility, including, but not limited to, such activities as bowling alleys, commercial swimming pools, roller skating rinks, miniature golf courses, recreational centers, health clubs, , lodge or private recreation clubs, and similar uses.
(128) "RECREATIONAL FACILITY NONRESTRICTED." Public or private recreational facility which requires and utilizes large areas of land, including, but not limited to, golf courses, riding clubs and stables, race tracks, amusement parks. country clubs, game preserves, hunting, fishing, and boating clubs and parks.
(129) "RECREATIONAL VEHICLE." A 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 not limited to travel trailers, wave runners and trailers, jet skis, and trailers, other personal watercraft, boat, and any other related camping and recreational equipment.
(130) "RESTAURANT." The sale of prepared food products to the general public. Alcoholic beverages may be sold and entertainment may occur on the premises.
(131) "ROOMING HOUSE." See "BED AND BREAKFAST"
(132) "SEMI-PUBLIC USES." Hospitals and other institutions of an educational, religious. charitable, philanthropic, or nonprofit nature.
(133) "SETBACK LINE." A line established by the Zoning Code parallel with and measured from the lot line, defining the limits of a yard in which no building may be located above ground, except as may be provided in the Zoning Code.
(134) "SEWAGE DISPOSAL SYSTEM, INDIVIDUAL." An on-site septic system which provides for the individual collection and disposal of sewage.
(135) "SHRUB" A low-growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear, branchless trunk within five years of planting.
(136) "SITE PLAN" A plan that outlines the use and development of any tract of land.
(137) "SIGN." Any device designated to inform or attract the attention of persons not on the premises on which the sign is located. See Chapter 1133 for additional definitions.
(138) "SOCIAL ACTIVITIES." Any building and land used for private or semiprivate club activities, including lodges, fraternities, and similar activities.
(139) "SMALL ENGINE, REPAIR AND SALES." The repair and sales of new and used equipment powered by less than four cylinder engines.
(140) "STORAGE LOT" A lot without a main building used for unenclosed storage of materials and equipment.
(141) "STORY." That portion of a building 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. See "BASEMENT."
(142) "STREET LINE, RIGHT-OF-WAY LINE." A dividing line between a lot, tract, or parcel of land and the area dedicated for a contiguous street including (if any exist): sidewalks; tree lawn; curb; gutters; and the paved portion of the street.
(a) "STREET RIGHT-OF-WAY." Land dedicated for public use as a contiguous street including, if any exist, sidewalks, tree lawns, curbs, gutters and the paved portion of the street
(143) "STREET, PRIVATE" A right-of-way or easement in private ownership, not dedicated or maintained as a public street, which affords the principal means of access to two or more sites.
(144) "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" include buildings, manufactured homes, walls, fences, swimming pools, signs, and the like.
(145) "SUPPLY YARDS." A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(146) "SWIMMING POOL." Any structure, pool, pond, or lake, portable or permanent, containing a body of water 18 inches or more in depth, intended for recreational purposes, including wading pools, but not including an ornamental reflecting pool or fish pond or similar type pool or pond, where swimming is not permitted.
(147) "THOROUGHFARE." A general term denoting a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
(148) "TOW LOT" Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent
(149) "TREE'' or "SHADE TREE." A tall growing woody plant with one or more perennial main stems or trunk which develops branches from the base, capable of being pruned to provide at least six feet of clear, branchless trunk below the crown within five years of planting.
(150) "TREELAWN." The unpaved portion of a street right of way.
(151) "TREES, PUBLIC." All shade and ornamental trees now or hereafter growing on any tree lawn or any public place.
(152) "TURN-AROUND". A perpendicular extension of a driveway used to park or turn vehicles around to gain access to a street or alley in a forward motion and which is not located in front of the "Dwelling Unit" portion of the primary structure in a residential area.
(153) "USE." The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(154) "USE, MIXED" A building or lot containing residential and commercial or industrial uses.
(155) "USE, TEMPORARY" A use that is authorized by this code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors' offices and equipment sheds, carnivals, flea markets, and garage sales. See "BUILDING, TEMPORARY"
(156) "USED BUILDING MATERIALS." Any materials, including wood, stone, brick, steel beams, roofing, pipes, rebar, cement block or any composition thereof, used for such erection of any building or structure, or which have been used previously for such erection of construction by the same or by any other person.
(157) "UTILITY TRAILER" Any vehicle designe d and constructed in such a manner, mounted on wheels or a motor vehicle, so it can be drawn or carried upon streets or highwa ys whose primary purpose is to haul personal property or other property or materials and is licensab le as a utility trailer under Ohio Motor Vehicle licensin g law for use on highways or streets.
(158) " VARIAN CE." A modification of the strict terms of the regulations where such modific ation will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(159) "VETERINARY ANIMAL HOSPITAL OR CLINIC." A place used 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, or recuperation.
(160) "YARDS, CLASSIFICATIONS." An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure or building from the ground upward, except as otherwise provided herein. In measuring a yard for purposes of determining the width of a side yard, the depth of a front yard or rear yard, the minimum horizontal distance between the lot lines and the main building or accessory building shall be used.
A. "CORNER SIDE YARD." A side yard which faces a public street. A corner lot shall have one front yard, one corner side yard, and two side yards.
B. "FRONT YARD." A yard extending across the front between the side lot lines and being the minimum horizontal distance between the street or place line and the main building, or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies, or unenclosed and uncovered porches.
C. "REAR YARD." A yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the main building or accessory building or any projections thereof other than the projections of uncovered steps, uncovered balconies, or unenclosed and uncovered porches.
D. "SIDE YARD." A yard between the main building or accessory building and the side line of the lot and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the main building or accessory building or any projections thereof.
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(161) "WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER" A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(162) "WIRELESS TELECOMMUNICATIONS FACILITY" A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
(163) "WIRELESS TELECOMMUNICATIONS TOWER" A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed, and lattice construction steel structures.
(164) "ZONING CERTIFICATE." The document issued by the Zoning Inspector authorizing the use of land(s) or building(s).
(165) "ZONING DISTRICT MAP." The zoning district map or maps of the City, together with all amendments subsequently adopted.
(166) "ZONING INSPECTOR." The Zoning Inspector or his / her authorized representative of the City.