For the purpose of this chapter certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word
BUILDING shall include the word STRUCTURE and PREMISES, the word SHALL is mandatory and not directory; the words USED or OCCUPIED include the words INTENDED, DESIGNED or ARRANGED TO BE USED OR OCCUPIED, the word LOT includes the words PLOT or PARCEL; and the word PERSON includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Any word not herein defined shall be as defined in the Ohio Building Code or in any recognized standard English dictionary.
ACCESSORY BUILDING OR USE. A subordinate building or use customarily incidental to and located on the same lot occupied by the main building or use, subordinate in footprint, extent, or purposes to the main building, limited to and contributing to the comfort, convenience, or necessity of the occupants of the main building. An accessory building attached to the main building in a substantial manner by a wall or roof shall be considered part of the main building.
ALLEY. A public thoroughfare which affords only a secondary means of access to abutting property.
APARTMENT HOUSE. See DWELLING, MULTIPLE.
AUTOMOBILE AGENCY. A premises used for the sale, display, storage, and repair of automobiles both new and used; provided that all repair takes place within a building.
BASEMENT. That portion of a building which is partly below and partly above grade and having at least one-half of its height above grade.
BOARDINGHOUSE. A building other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three or more persons, but not exceeding 20 persons.
BUILDABLE AREA. That part of the lot remaining to be built upon after provision of all required front, side, and rear yards.
BUILDABLE WIDTH. The width of the lot left to be built upon after the side yards are provided.
BUILDING. Any structure, including a roof supported by walls or columns, for the shelter, support or enclosure of persons, animals, chattels or property of any kind, and when separated by dividing walls without openings, each portion of such building so separated, shall be deemed a separate building.
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 of a gable, hip, or gambrel roof.
CELLAR. Same as a basement, except that a cellar has more than one-half of its height below grade.
CLINIC. An establishment where patients, who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
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, but not primarily for profit or to render a service which is customarily carried on as a business.
CONDITIONAL USE. A use allowed in a zoning district after a permit is granted according to provisions of § 154.62.
CONDOMINIUM. Individual ownership of part of a building or part of a building complex. The land, property, and space comprising the parcel or parcels, all improvements and structures erected, constructed, or contained therein or thereon, including the building and all easements, rights, and opportunities belonging thereto, and other fixtures and equipment intended for the mutual use, benefit, or enjoyment of the unit owners, subject to the provisions of R.C. § 5311.01 (A) and this chapter.
COURT. An open space with or without direct street access around which is arranged a single building or a group of related buildings.
DISTRICT. Any section of the village for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
DWELLING. Any building, or portion thereof, which is designed or used exclusively for residential purposes.
(1) DWELLING, MULTIPLE. A building or portion thereof designed or used for occupancy by three or more families.
(2) DWELLING, SINGLE-FAMILY. A building designed or used for occupancy by one family.
(3) DWELLING, TWO-FAMILY. A building designed or used for occupancy by two families.
DWELLING UNIT. One or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined herein, with facilities which are used or intended to be used for living, sleeping, cooking, and eating.
FAMILY. All persons related by blood, adoption, or marriage living and cooking together as a single housekeeping unit plus not more than two other persons not so related living and cooking as a part of that same housekeeping unit. Household servants shall not be deemed persons for the purposes of this definition.
FILLING STATION. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work such as motor replacement, body and fender repair, or spray painting.
FLOOR AREA. The gross horizontal area of each floor including basements, cellars, and penthouses, measured from the exterior faces of the exterior walls of a building. Areas within a building used for parking and mechanical penthouses, atriums, and landscaped decorative pedestrian areas, shall be excluded from the area.
FOOTPRINT. The outline of a structure at ground level, including all portions of the structure that have foundation walls. The footprint of a building would include roofed or enclosed porches, but not decks. The size of a structure's footprint is the square footage of area within this outline, as measured from the exterior face of the foundation or building walls.
FRONTAGE. All the property on one side of a street or place between two intersecting streets or places (crossing or terminating) measured along the line of the street or place, or if the street or place is dead ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
GARAGE.
(1) GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.
(2)
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for servicing, repairing, equipping, hiring, selling, or storing motor-driven vehicles.
(3) GARAGE, STORAGE. A building or portion thereof designed or used exclusively for housing four or more motor-driven vehicles.
GRADE.
(1) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
(2) For buildings having walls adjoining more than one street, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets.
(3) For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(4) Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
HOME OCCUPATION. Any occupation or profession carried on by a member of a family, residing on the premises, in connection with which there is used no sign other than one nonilluminated nameplate attached to the building entrance which is not more than one square foot in area; provided that no commodity is sold upon the premises; provided that no person is regularly employed for commercial purposes other than a member of the immediate family residing on the premises; and provided that no mechanical equipment is used except such that is normally used for domestic or household purposes.
HOSPITAL. An establishment providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured; including sanitariums.
HOTEL. A building in which lodging is provided and offered to the public for compensation and in which ingress and egress to and from rooms is made through an inside lobby or office supervised by a person in charge at all hours, and which is open to transient guests, in contradistinction to a boardinghouse or lodging house.
INSTITUTION. A building or area occupied by a nonprofit corporation or a nonprofit establishment for public use.
LANDSCAPED SPACE. Open space on a lot more than one-half of which is devoted to plants rooted directly in the ground or in permanent planters or to fountains, pools or statuary and none of which is used for drives or parking spaces for automobiles.
LODGING HOUSE. A building where lodging only is provided for compensation to three or more, but not exceeding 20 persons, in contradistinction to hotels open to transients.
LOT. A parcel of land occupied or intended for occupancy by one main building, together with its accessory buildings, and uses customarily incidental to it, including the open spaces required by this chapter and having its principal frontage upon a street or upon a place that has been officially approved by the Village Council.
LOT, CORNER. A lot abutting upon two or more streets at their intersection.
LOT, DEPTH OF. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines bounding a lot.
LOT, PANHANDLE. A lot which is part of a subdivision, approved prior to January 1, 1983, access to which is solely by means of a corridor of land narrower than the minimum lot width established herein.
LOT OF RECORD. A lot which is a part of a subdivision, the map of which has been recorded in the office of the County Recorder of Deeds, or a lot described by metes and bounds, the description of which has been recorded in the office of the Recorder of Deeds prior to January 1, 1983.
MIXED-USE BUILDING. A building the use of which is devoted to both residential and commercial purposes or a combination of office and commercial uses.
MOTEL. A building or group of buildings having units containing sleeping accommodations which are available for temporary occupancy by automobile transients.
MOTOR VEHICLE. A vehicle which is self-propelled by a motor and which is used for the purpose of carrying persons or commodities.
NONCONFORMING USE. Any building or land lawfully occupied by a use at the time of passage of this chapter or amendments thereto which does not conform after the passage of this chapter or amendment thereto with the use regulations of the district in which it is situated.
NURSING OR CONVALESCENT HOME. A home for the aged, chronically ill, or incurable persons in which three or more persons not of the immediate family are received, kept and provided with food, or shelter and care, for compensation; but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis, treatment, or care of the sick or injured.
OPEN AREA. Open area is that part of a lot on which no part of a building or structure extends above an elevation 30 inches above the highest curb elevation of the street that bounds the lot.
OUTDOOR WOOD FURNACE. Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system, providing heat for any interior space or water source. An OUTDOOR WOOD FURNACE may also be referred to as an outdoor wood boiler or an outdoor wood hydronic heater.
OUTDOOR WOOD FURNACE CHIMNEY. Any flue or stack that carries off exhaust from an outdoor wood furnace.
PARKING LOT. Any place, lot parcel, or yard used in whole or in part for storing or parking of two or more vehicles.
PARKING SPACE. A permanently surfaced rectangular area unenclosed or enclosed within a building, with minimum dimensions of nine feet by 20 feet, together with a permanently surfaced driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile without requiring another vehicle to be moved.
PERMITTED USE. A use allowed by the district regulations of the district in which it is located.
PERSON. Any individual, firm, partnership, association, organization, trust, company, or corporation.
PREMISES. A lot together with all buildings and structures thereon.
PLACE. An open unoccupied space other than a street or alley permanently reserved as the principal means of access to abutting property.
PRIVATE SCHOOL. An institution offering education of a character similar to that offered in public elementary and high schools. This does not include nursery schools, play schools, secretarial schools, or similar limited-purpose institutions.
RETAIL RENTAL SELF-SERVICE LAUNDRY SHOP. A building or portion thereof equipped with automatic type laundry machines with tubs having a rated capacity not in excess of 25 pounds apiece, drying machines having a rated capacity not in excess of 35 pounds per tub and ironing machines of the ordinary home type.
SIGN. Any identification, description, illustration, or device illuminated or nonilluminated which is visible from any public place or is located on private property and exposed to the public and which directs attention to a product, service, place, activity, person, institution, business, or solicitation, including any emblem, painting, placard, or temporary sign designed to advertise, identify, or convey information, with the exception of window displays of items to be sold and national flags. For the purpose of removal, signs shall also include all sign structures. Signs shall include lettering pasted or painted on walls or windows.
SIGN, AREA. Shall include the square feet required to accommodate the lettering plus any separate background where of a different material than the structure to which it is attached.
STABLE.
(1) STABLE, PRIVATE.
(a) A stable with a capacity for not more than two horses or mules.
(b) A stable to be owned and operated by residents of the village.
(c) A stable to house horses or mules owned only by a resident.
(d) Horses or mules not to be for hire or for rent or for commercial purposes.
(e) A village resident who owns, rents, or leases premises in the village may keep on the premises one additional horse or mule for each two acres of land in excess of the minimum lot area provided by this chapter in the district in which the premises are located.
(2) STABLE, PUBLIC. A stable, other than a private stable, with a capacity for more than two horses or mules.
STREET. All property dedicated or intended for public or private street purposes or subject to public easements therefor. Where land is used primarily for access to a lot (such as, a panhandle lot), it shall be deemed a street, but only for the purpose of determining front yard requirements.
STORY. That portion of a building, other than a basement or cellar, 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.
STORY, HALF. A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
STREET LINE. A dividing line between a lot, tract, or parcel of land and a contiguous street.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, and poster panels.
STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders, or any substantial change in the roof or in the exterior walls.
TOURIST OR TRAILER CAMP. An area containing one or more structures designed or intended to be used as temporary living facilities of one or more families and intended primarily for automobile transients or providing spaces where two or more tents or auto trailers can be parked.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the least horizontal distance between the lot line and the main building shall be used. In computing the depth of a rear yard, where such yard opens onto an alley, one-half of the alley width may be included as a portion of the rear yard.
(1) YARD, FRONT. A yard extending across the front of a lot between the side yard lines and being the minimum horizontal distance between the street lines and the main building, or any projection thereof, other than steps, unenclosed balconies, and unenclosed porches. Where land is used primarily for access to a lot (such as, a panhandle lot) and is less than 50 feet wide, it shall be deemed a street for the determination of front yard requirements.
(2) YARD, REAR. A yard extending across the rear of a lot measured between lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projections other than steps, unenclosed balconies or unenclosed porches. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
(3) YARD, SIDE. A yard between the building and the side line of the lot and extending from the front lot line to the rear yard line and being the minimum horizontal distance between a side lot line and the side of the main building or any projections other than steps, unenclosed balconies, or unenclosed porches.
(Am. Ord. 2000-21, passed 5-1-00; Am. Ord. 2006-08, passed 3-6-06; Am. Ord. 2015-17, passed 5-4-15)