For purposes of this chapter the terms or words used herein shall be interpreted as follows. All words used in the present tense include the future tense. All words in the singular include the plural and all words in the plural include the singular. The word “shall” is mandatory and imposes a duty upon the person to whom it is directed. The word “may” is permissive and creates a power, without duty, with the person to whom it is directed. The word “used” shall be deemed to include “designed, intended or arranged to be used”. The definitions of this chapter apply to the interpretation and reading of the entire chapter unless a separate and different definition specifically appears in a section. Where the pronoun “he” is used, the usage is one of convenience and includes all appropriate extensions of meaning (i.e., “she”, “they” and “it”). The word “person” includes all individuals, firms, corporations, associations, trusts and any other similar entities. Otherwise, all words shall be given their common and ordinary meaning as derived from everyday usage. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADJOINING; ABUTTING. Having a common border with, or being separated from such common border by an alley or easement or right-of-way.
ACCESS. A means of vehicular approach or entry to or exit from property.
ACCESSORY BUILDING. A building used for an accessory use.
ACCESSORY USE. A use customarily incidental and subordinate to the principal use or building but distinct from garages and secondary dwelling units. ACCESSORY USES shall be permitted on the same lot with and incidental to any permitted use; they shall not be conducted as an independent principal use. Examples include, but are not limited to, swimming pools and yard barns.
AESTHETIC SIGNIFICANCE. The artistic worth of a building, landmark or district; it contemplates the intangible values of natural beauty, artistry, craftsmanship, familiarity, order and visual harmony.
AGRICULTURAL USE. Includes farms (and farm residences), fish or poultry hatcheries, furbearing animal ranges, orchards, raising of livestock, horses, wild animals (traditionally nondomesticated animals) or poultry, truck farming and all other AGRICULTURAL USES. Included in this definition are agricultural support uses such as farm equipment sales and repair, farm produce sales and supply (feed, grain, fertilizer) and farm product processing (cider mills, dairy, poultry or meat processing) unless the total number of employees in such a processing facility is less than five persons. Specifically excluded are nurseries, forestry operations and domesticated animals, and uses which may be accessory to agriculture, such as retail stores, and industries or businesses which support or are supported by agriculture.
ALLEY or LANE. A public or private way not more than 20 feet wide affording only secondary means of access to property.
APPLICANT. Any owner(s) or person(s) who files an application.
APPLICATION. An application for a certificate, permit or other approval called for in this chapter.
AUTOMOBILE SERVICE STATION. A place where gasoline, diesel fuel, kerosene or any other motor fuel or lubricant oil or grease for operating motor vehicles is offered for sale to the public and delivered directly into motor vehicles, and where greasing, oiling or other automobile repair work is done on the premises. An AUTOMOBILE SERVICE STATION does not lose its classification as such on account of additional business activities conducted therein, such as the sale of food, beverages or other merchandise.
AUXILIARY SIGN. A sign which provides special information related to the use of property such as direction, price, sales information, hours of operation or warning, and which does not include names, brand names or information regarding product lines or services. Examples of such SIGNS include directories of tenants in buildings, “no trespassing” signs and signs which list prices of gasoline.
BASEMENT. A story whose floor line is below grade at any entrance or exit or whose ceiling is not more than five feet above grade.
BED AND BREAKFAST. A facility for accommodations characterized by having a residential external appearance and less than 12 units available for transient guests with a minimum ratio of 500 square feet of total living or common space to each unit created (unless containing five or less units, which does not require compliance with this ratio).
BILLBOARD. A sign, usually rectangular in shape, which is typically comprised of a fixed and permanent frame and structure, the advertising space of which is typically leased to various persons or companies for the attachment of paper signs on a more temporary basis.
BUFFERYARD. A unit of land, together with any specified type and amount of planting and any structures which may be required thereon, between land of different uses to visually screen and eliminate or minimize conflicts between them. See Appendix B.
BUILDING. Any structure constructed or used for residential, business, industrial or other public or private purposes, or accessory thereto, including tents, lunch wagons, dining cars, railroad cars, barns, trailers and similar structures, whether stationary or movable. Eaves, gutters and other items considered to be part of a structure, and connected thereto, shall be considered part of that structure for determining distances to lot lines.
CALIPER. The diameter of a tree one foot above ground on the uphill side of the tree. If a tree forks below one foot above ground, each trunk is treated as a separate tree.
CELLAR. The portion of a building beneath the ground and generally used for storage.
CERTIFICATE OF OCCUPANCY. A document issued by authority of the state or the county authorizing occupancy of buildings or structures for uses which, after inspection, are determined to be consistent with the terms of all applicable codes or ordinances and all conditions and requirements, if any, stipulated by such appropriate state or county authority.
CHAIN-LINK FENCE. A fence consisting of loops of wire interconnected in a series of joined links with no permanent inserts or weavings. It is not an open fence.
CLINIC. A place where an individual licensed practitioner or a group of licensed practitioners, their associates and assistants, provide a range of services including the care, diagnosis and treatment of persons who are sick, ailing, infirm and/or injured and in need of medical, surgical or dental attention but who are not provided with board or room nor kept overnight on the premises.
CLUB. A non-profit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but not including any group organized solely or primarily to render a commercial service for profit. Examples of CLUBS include fraternal societies and beneficial or charitable societies.
COMMISSION. The Village of Gambier Planning and Zoning Commission.
CONDITIONAL USE. A use of land which is not a permitted use (or otherwise permitted as a matter of right) in a district, but which may be permitted upon compliance with the requirements of this chapter and upon application for and granting of a permit by the Commission. Such application process as provided in this chapter includes notice to all owners of adjoining property, posting of such notice in predetermined public places, and public hearing at a regularly scheduled Commission meeting.
COUNTY ENGINEER. The County Engineer of Knox County, Ohio.
DEMOLISH/DEMOLITION. The complete or substantial deterioration, removal or destruction of any building within any district, including buildings of historic significance (buildings more than 50 years old), whether by affirmative action taken or by passive action such as neglect.
DEVELOPER. The legal or beneficial owner of a lot or parcel of land proposed for inclusion in a development, whether commercial or residential, including the holder of an option or contract to purchase such land; also, a corporation, partnership or other legal entity hired by such owner to coordinate and direct the development of such lot or parcel of land.
DEVELOPMENT. The construction, reconstruction, conversion, structural alteration, relocation or enlargement of any structures or buildings; or the division of a parcel of land into two or more parcels; or any use or change in use of any buildings or land; or any extension of any use of land; or any clearing, grading or other movement of land, for which permission may be required pursuant to this chapter.
DISTRICT. A portion of the territory of the village as shown on the zoning map (see Appendix A) within which certain uniform regulations and requirements apply.
DRAINAGE. The removal of surface water or groundwater from land by drains, grading, ditches or other means. DRAINAGE includes the control of runoff to minimize erosion and sedimentation during and after development, and includes the means necessary for water-supply preservation and the prevention or alleviation of flooding.
DRIVEWAY. A road giving access from a public way to a building or facilities on abutting grounds.
DUE CONSIDERATION. To give in good faith such weight or significance to the decision, evidence or factors involved as are merited by the circumstances.
DUPLEX. More than one room or group of rooms or dwellings, which are attached to each other providing, or intended to provide, living quarters for not more than two families.
DUTY. A mandatory obligation to perform; obligatory conduct or service, not discretionary.
DWELLING. Any building or portion thereof which is designed or used for residential purposes for humans.
DWELLING UNIT. A room, group of rooms or dwelling providing or intended to provide living quarters for not more than one family.
ENGINEER. The Village Engineer, or if none, the County Engineer.
EROSION. Any removal and/or loss of soil by the action of water, ice, gravity or wind. EROSION includes both the detachment and movement of soil particles.
FAMILY. Any number of related persons, or no more than four unrelated persons, living and cooking together in one dwelling or dwelling unit as a single housekeeping unit.
FENCE. A barrier with two sides exposed.
FLAG LOT. A residential lot consisting of two parts:
(1) The flag, which is the only permitted building site and is located behind another residential lot; and
(2) A pole, which connects the flag to the street and provides the only street frontage for the lot and may be less than the minimum lot width as otherwise required by the regulations.
FILING. The act of delivering any application, appeal or other document required or permitted under this chapter or the Ohio Revised Code to the Zoning Inspector, Village Administrator or Fiscal Officer Assistant.
FINAL DEVELOPMENT PLAN. The final submission in the PUD process.
FINAL PLAT. A precise drawing prepared by a surveyor with necessary survey information that will establish the location of lots and streets in a proposed subdivision with reference to survey markers such as concrete monuments and iron pins.
FOR CAUSE. For reasons which law and public policy recognize as sufficient to warrant the action or removal; not removal or action that is arbitrary or capricious.
FORESTRY. The science of developing, caring for, managing and/or cultivating forests. For purposes of this chapter, FORESTRY does not include the harvesting or processing of timber.
FREESTANDING SIGN. A self-supporting sign resting on or supported by means of poles, standards or any other type of base on the ground.
FRONTAGE. All the property abutting on one side of a street between intersecting streets, or between a street and a right-of-way, waterway or a dead-end street, or a village or property boundary measured along the street line.
GARAGE. An enclosed detached accessory building or a portion of the principal building used for the storage of self-propelled motor vehicles or trailers by the occupant’s resident upon the property.
GARDEN FENCE. A fence located in the back or side yard of a residence, surrounding a single garden area, or multiple garden areas, not to exceed a total of 1,000 square feet.
GOOD FAITH. An intangible and abstract quality which encompasses, among other things, an honest belief, the absence of malice and the absence of design to defraud or to seek unconscionable advantage over another.
HEIGHT OF BUILDING. The vertical distance from the established average sidewalk grade, street grade or finished grade, whichever is the lowest, to the highest point of the building.
HOME OCCUPATION. Any business use conducted entirely within a dwelling or an accessory building by the owners or occupants of the dwelling as a secondary use which is clearly incidental to the use of the dwelling for residential purposes.
HOME OCCUPATION SIGN. A sign identifying the home occupation located in a particular dwelling or accessory building.
INSTITUTION. An established organization or corporation of a public or private character organized for charitable, educational, governmental, scientific, humanitarian or religious purposes.
LIVING FENCE. A fence or vision obstructing hedge consisting of the natural growth or placement of hedges, trees, bushes, plants or a combination thereof.
LOT. A piece, parcel or plot of land as shown and recorded in the land records of the County Recorder which is occupied or may be occupied by one principal building, its accessory buildings, and the open spaces required under this chapter.
MANSARD ROOF. Also called a FRENCH ROOF, is a four-sided gambrel-style hip roof characterized by two slopes on each of its sides with the lower slope at a steeper angle than the upper punctured by dormer windows to create additional habitable space. The upper slope of the roof may not be visible from street level when viewed from close proximity to the building.
MANUFACTURED HOME. A structure intended for human habitation and residential use that is prefabricated and manufactured at a location other than the lot where the MANUFACTURED HOME will be installed.
MASONRY FENCE. A fence constructed of concrete, cinder block, brick, stone or other masonry materials.
MOBILE HOME. A trailer, which may or may not be equipped with wheels or other devices to be transported from place to place, which is fitted with parts for connection to utilities, and which may be installed on a relatively permanent site for use as a residence.
MOTEL, HOTEL or INN. A series of attached or semi-attached sleeping or living units, for the accommodation of transient automobile guests and having convenient access to parking spaces for the exclusive use of the guests or occupants. This definition excludes bed and breakfasts.
MULTI-FAMILY DWELLING. A building designed for or containing three or more dwelling units.
NEGLECT. To omit or fail to do a thing that can be done or is required to be done; also imports an absence of care or attention in the action or omission, or a designed refusal to perform a duty.
NONCONFORMING USE. A use of a building or property lawful at the time of enactment of this chapter that does not conform with the permitted use provisions of this chapter.
OPEN FENCE. A split-rail, board, iron or vinyl fence.
ORDINANCE. This zoning ordinance for the Village of Gambier, Ohio, adopted February 4, 2013, and any amendments lawfully enacted thereafter.
OWNER. The legal owner of record of real property.
PARK. A piece of public ground kept for ornament and recreation; an area maintained in its natural state as public property.
PARKING LOT. A fixed improvement to land involving paving the ground with gravel, concrete, asphalt or other similar material for the purpose of parking the equivalent of three or more vehicles (or in excess of 471 square feet).
PERMITTED USE. A use of land which is allowed as a matter of right as long as the owner meets the requirements of this chapter and any other applicable laws.
PLANNED UNIT DEVELOPMENT (PUD). An area of land consisting of no more than 50 contiguous acres in which one use or a variety of uses may be accommodated in a pre-planned environment under more flexible standards than those restrictions that would normally apply under this chapter. A PUD must demonstrate benefits such as improved arrangement and design that justify deviation from standard development requirements included in the chapter. The process of creating a PUD shall consist of a preliminary development plan, which shall constitute the act of zoning, and a final development plan which, upon approval, shall consist of a detailed development plan for all, a portion of the area or subareas within the preliminary development plan.
PLAYGROUND. A piece of public land used for and usually equipped with facilities for recreation especially for children.
POWER. The discretionary right, ability and authority to do something.
PRE-APPLICATION PLAN. A general plan of a proposed PUD, presented for discussion with the Zoning Inspector before submission of a formal preliminary development plan to the Commission.
PRELIMINARY DEVELOPMENT PLAN. The first submission in the PUD process.
PRINCIPAL BUILDING. A building used for a principal use.
PRINCIPAL USE. The primary use of a particular property or piece of land.
PRIVACY FENCE. A fence which shall be less than seven feet tall from grade, constructed so as to prevent public view and provide seclusion.
PRIVATE SWIMMING POOL. Any pool, open tank or human-made body of water not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than three feet or capable of holding in excess of 750 gallons of water.
PUBLIC UTILITY. A corporation or other organization which provides an essential service or good to the general public that the public has a legal right to demand, such as electricity.
QUALITY OF LIFE. The peculiar and essential character of daily living which may be unique to a particular area, such as the village, and which contemplates the economy, enjoyment, meaningfulness, benefits and ease of locating one’s home or business in that area.
REASONABLE. Fair, proper, just, moderate and suitable under the circumstances; not excessive; synonymous with rational, honest and equitable.
RECOMMENDATION. An action which is advisory in nature rather than one having any binding effect.
RESIDENT. A person who would be entitled to vote in any general election in the village because of the location of his or her residence.
RESIDENTIAL. Relating to residences; land use in which housing predominates.
SECONDARY DWELLING UNIT (SDU). A dwelling or dwelling unit added, created or constructed on a parcel of land on which a dwelling or dwelling unit already exists. A SECONDARY DWELLING UNIT may or may not be attached to or a part of the pre-existing one.
SEDIMENTATION. The settling out of soil particles which are transported by water or wind. SEDIMENTATION occurs when the velocity of water or wind in which soil particles are suspended is slowed to a sufficient degree and for a sufficient period of time to allow the particles to settle out of suspension or when the degree of a slope is lessened to achieve the same result.
SIGN. Any object, device, display, structure or part thereof, situated outdoors or visible from outdoors, which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means, including words, letters, figures, designs, fixtures, colors, illumination or projected images. SIGNS do not include the flag or banner of any nation, state, city or religious organization; also excluded are merchandise, pictures or models of products or services incorporated in a window display.
SIGN AREA or AREA OF SIGN. The total surface computed in square feet of a sign having one exposed exterior surface, or, half of the total of the exposed exterior surface computed in square feet of a sign having more than one such surface. The SIGN AREA of a doubled-faced projecting sign is calculated by measuring one face of the sign only.
SIGN, LIGHTING - BACK-LIT or INTERNALLY LIT. The sign in question is lit by some mechanism projected from the back or internal to the sign face or area.
SIGN, LIGHTING - EXTERIOR LIGHTING STANDARDS.
(1) CUTOFF. The point at which all light rays emitted by a lamp or light source are completely eliminated (CUTOFF) at a specific angle above the ground.
(2) FOOT CANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
(3) GLARE. The brightness of a light source which causes eye discomfort.
(4) MAXIMUM PERMITTED ILLUMINATION. The maximum illumination measured in foot candles at the interior yard line at ground level in accordance with the standards provided in this chapter.
(5) SIGN, LIGHTING - GENERAL LIGHTING. The sign itself is neither lit internally nor has an external source of light specifically directed at it; the sign depends upon the general illumination of the area for its illumination.
(6) SIGN, LIGHTING - SPOT LIGHTING. The sign is lit by spotlights specifically directed at it.
(7) SIGN, TEMPORARY. A sign or advertising display constructed of cloth, canvas, fabric, paper, plywood or other light material, including inflatable signs, which is intended to be displayed for less than 30 days and which is no larger than 40 square feet. Included in this category are retailer’s signs temporarily displayed for the purpose of informing the public of a sale or “special” offer. Portable signs such as those that are designed to be moved with regularity from one location to another shall also be considered TEMPORARY SIGNS.
SINGLE-FAMILY DWELLING. A dwelling providing or intended to provide living quarters for not more than one family or four unrelated persons which is not attached to another dwelling.
SOLAR ENERGY SYSTEM. An energy conversion system, including panels, appurtenances and mechanical equipment, which converts solar energy to a usable form of energy to meet all or part of the energy requirements of the on-site user.
SOLAR GLARE. The effect produced by light reflecting from a solar panel with an intensity sufficient to cause annoyance, discomfort or loss in visual performance or visibility.
STORED. To have placed or left in a location for later use or disposal or to provide a space for, whether temporarily or permanently.
STORY. The portion of a building, included between the surface of any floor and the surface of the floor next above it, or, if there be no floor above it, then the space between the floor and the ceiling next above it.
STREET. Any public or private way dedicated to public travel. The word STREET shall include the words “road”, “highway” and “thoroughfare”.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, girders, roofs, windows, porches or doors. This includes the removal or addition thereof.
STRUCTURE. Anything constructed in any manner, whether temporary or permanent, which is located on land in any fashion, including buildings, sculptures, signs or similar objects.
STUDENT RESIDENCES. Dormitories and student apartments and houses including related offices and dining facilities intended for the seasonal occupation by enrolled students of an educational institution or similar programs.
SUBAREA. A distinct area of land within a PUD. Each SUBAREA shall designate acreage, land use, development standards, architectural standards, landscape standards, thoroughfare SUBAREA standards, conceptual road alignments, gross density and such other standards as may be required by the Commission and Council.
SUBDIVISION. The division of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots which may or may not include the planned development of the land or which may or may not be intended for the transfer of ownership.
SUBSTANTIAL. Of real worth, value or importance; material; something other than nominal.
TEMPORARY. That which is to last for a limited time only, or for a short period of time, as distinguished from that which is perpetual, indefinite or regularly reoccurring in its duration. In those cases where a TEMPORARY USE has been authorized to accommodate construction of other land, or other portions of land, owned by the applicant, the land for which a TEMPORARY USE has been authorized shall be restored to its previous state within 30 days after a certificate of occupancy has been issued, or, where no certificate of occupancy is required, within 30 days after completion of construction.
TRANSIENT. A person passing through a place without staying in it, or staying only for a short period of time.
TRANSMISSION TOWERS. Any antenna, structure or other transmission device created or erected for the purpose of holding equipment used in the transmission, reception or relay of signals for radio, telephone, television, cellular telephone or other communications media.
TREE AND PLANT PROTECTIVE FENCE. A fence constructed of minimally visible wire or synthetic open mesh material, with a maximum height of nine feet, and a maximum total length of 20 feet, located within two feet of the tree, plant or group of trees and/or plants the fence is protecting, measured from the trunk if the lowest branch is higher than nine feet from the ground, otherwise measured from the outermost perimeter of the tree, plant or group of trees and/or plants the fence is protecting.
USE. The purpose or activity for which a building, structure or land is occupied or maintained.
VARIANCE. A modification of the strict terms of the chapter where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the applicant, a literal enforcement of the chapter would result in unnecessary and undue hardship.
VILLAGE. The Village of Gambier, Ohio.
VILLAGE ADMINISTRATOR. A staff employee of the village responsible for day to day village activities, projects and employees.
VILLAGE COUNCIL. The Village Council of Gambier, Ohio.
VILLAGE ENGINEER. An engineer hired by the village to handle engineering and mechanical projects and equipment. There may or may not be a VILLAGE ENGINEER at any given time.
VILLAGE FISCAL OFFICER. A staff employee of the village responsible for clerical and administrative activities.
VILLAGE SOLICITOR. An attorney licensed in the State of Ohio hired by the village to handle legal matters and projects on behalf of the Commission, the Village Council and the village.
WETLAND. An area of one-half of an acre or more where standing water is retained for any portion of the year. WETLANDS include all areas designated as “marsh” in the Hydrologic Investigations Atlas of the U.S. Geologic Survey and all areas designated as WETLANDS by the Army Corps of Engineers or the soil survey of county of the Soil Conservation Service.
WILLFUL. Intending the result which actually comes to pass; designed; intentional; not accidental or involuntary.
WOODLAND. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 30% or more canopy trees having a 16- inch or greater caliper measurement, or any grove consisting of eight or more trees having a ten-inch or greater caliper measurement within a 5,000 square foot area, or an area that conforms to both.
WOODLAND, MATURE. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 30% or more canopy trees having a 16-inch or greater caliper measurement, or any grove consisting of eight or more trees having an 18-inch or greater caliper measurement within a 5,000 square foot area, or an area that conforms to both.
WOODLAND, YOUNG. Either an area of planted material on one or more contiguous lots or parcels of an individual landowner and/or related landowners, that consists of 70% or more canopy trees having a two and one-half-inch-caliper measurement or greater, or a tree plantation for commercial or conservation purposes where 70% or more of the canopy trees have two and one-half-inch or greater caliper measurement within a 5,000 square foot areas or an area that conforms to both.
YARD. The space between a lot line and building line; the space of grass or garden on the same lot with a principal building which is open, unoccupied and unobstructed by structures. The distance of any YARD shall be measured from the lot line or right-of-way line to the nearest part of the principal building on the lot.
YARD BARN. An enclosed detached building, not to exceed 240 square feet in area, used for storage of lawn and garden equipment and supplies and for other purposes related to lawn and garden maintenance.
ZONING CERTIFICATE. A document issued by the Zoning Inspector by authority of the Commission authorizing buildings, structures or uses consistent with the terms of the chapter, and for the purpose of carrying out and enforcing its provisions.
ZONING INSPECTOR. The Zoning Inspector of the village or his or her staff members; until designated otherwise by the Commission, the Village Administrator will act as the Zoning Inspector.
ZONING MAP. The zoning map or maps of the village together with all amendments or subsequently adopted. See Appendix A.
(Ord. 1999-03, passed 3- -1999; Ord. 2013-04, passed 2-4-2013)