For the purposes of this Zoning Ordinance, the following terms shall have the meanings set forth below:
(1) “Abandoned sign.” A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, and/or for which no legal owner can be found.
(2) “Abutting.” Having a common border with, or being separated from, such common border by a public right-of-way, alley, or easement.
(3) “Accessory structure/building.” Any improvement to the property other than the main building(s), with the exception of landscaping. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
(4) “Accessory use.” A use incidental to and on the same lot or property as the principal use.
(5) “Administrator.” The Building Inspector or his designated representative.
(6) “Adult Bookstore.” An establishment that has as a substantial portion of its stock-in-trade and offers for sale or rent, for any form of consideration, any one of the following items: books, magazines, periodicals, or other printed matter; photographs, films, motion pictures, video cassettes, slides, compact disks, or other visual representations; audio tapes, cassettes, records, compact disks, or other audio representations or any other similar material that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas; or instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(7) “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 showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(8) “Adult day care facility.” A facility where adults who do not otherwise have the capacity to take care of themselves are cared for during daytime hours with no overnight accommodations. Adults being cared for at this type of facility generally do not leave the facility without the assistance of the primary care giver or employees of the facility.
(9) “Adult group homes.” A group of seven or more individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit, whether or not the individuals are regulated by any other lawful entity.
(10) “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.
(11) “Agriculture.” The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals. A use shall be classified as agricultural only if agriculture is the principal use of the land.
(12) “Alley.” See “Thoroughfare, street or road” as defined in this section.
(13) “Alterations.” Any change, addition, or modification in the construction or occupancy of any building or structure.
(14) “Alterations, structural.” Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(15) “Animated sign” Any sign which uses movement, change, or lighting to depict action or to create a special effect or scene (compare “Flashing sign” as defined in this section).
(16) “Apartment house” See “Dwelling, multiple-family” as defined in this section.
(17) “Appeal.” A request for a review of the Responsible Authority, interpretation of any provision of this chapter or a request for a variance.
(18) “Area.” See “Sign, area of.” as defined in this section.
(19) “Area, building.” The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces, and steps. All dimensions shall be measured between the exterior faces of walls.
(20) “Area of special flood hazard.” The land in the floodplain within the community subject to a 1% or greater chance of flooding in any given year.
(21) “Auto court.” See “Motel” as defined in this section.
(22) “Awning.” A shelter projecting from and supported by the exterior wall of a building constructed of nonrigid materials on a supporting framework (compare “Marquee” as defined in this section).
(23) “Awning sign.” A sign painted on, printed on, or attached flat against the surface of an awning.
(24) “Banner sign.” A sign made of fabric or any nonrigid material with no enclosing framework.
(25) “Bar, tavern, or cocktail lounge.” Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and minors are not prohibited from dining.
(26) “Base flood.” The flood having a 1% chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 100-year flood.
(27) “Basement.” A story partly underground but having at least one-half of its height below the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet, or if used for business or dwelling purposes.
(28) “Bed and breakfast.” An owner-occupied, single-family dwelling that contains guest rooms where short-term lodging, with or without meals, is provided for compensation.
(29) “Billboard.” See “Off-premises sign” as defined in this section.
(30) “Board” The Board of Zoning and Building Appeals.
(31) “Boarding house, rooming house.” A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons, where no cooking or dining facilities are provided in individual rooms.
(32) “Building.” Any structure that is used for occupancy or storage of any human activity, including the care of livestock and unattended storage of goods and has at least three walls and is at least six feet in height.
(33) “Building, detached.” A building surrounded by open space on the same lot with a principal building.
(34) “Building height.” The vertical distance measured from the average elevation of proposed finished grade at the front of the building to the highest point of the roof.
(35) “Building line.” See “Setback line” as defined in this section.
(36) “Building(s), principal.” A building or group of buildings in which is conducted the main or principal use of the lot on which such building(s) is situated.
(37) “Cellar.” See “Basement” as defined in this section.
(38) “Changeable copy sign (automatic).” A sign on which the copy changes automatically on a lampbank or through mechanical means, e.g., electrical or electronic time and temperature units.
(39) “Changeable copy sign (manual).” A sign on which a copy is changed manually in the field, e.g., readboards with changeable letters.
(40) “Child care, home operated.” A private residence where care, supervision, and protection are provided on a regular basis to one to six infants, toddlers, pre-school children, and school children outside of school hours by a person who is not the parent but is a resident of the home. For the purposes of this definition, the resident children who are under 16 shall be included with the nonresident children when counting the number of children. A dwelling with a family with more than six children who are all living in the dwelling unit and are related shall not be considered a home-operated child care.
(41) “Child care facility.” An establishment that administers to the needs of seven or more infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the 24-hour day in a place or residence other than the child's own home. The term “Child care facility” also includes nursery schools where children under the age of five are receiving schooling.
(42) “Clearance (of a sign).” The smallest vertical distance between the grade of the adjacent street or street curb and the lowest point of any sign, including framework and embellishments, extending over that grade.
(43) “Club.” Buildings and facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
(44) “Cluster development.” A development technique that concentrates buildings on a part of the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
(45) “Commission.” The Village Planning Commission.
(46) “Condominium.” An estate in real property consisting of an undivided interest in common with other purchases in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
(47) “Construction” Any site preparation, assembly, erection, substantial repair, alteration, or similar action for or on public or private rights-of-way, structures, utilities, or similar property.
(48) “Construction sign.” A temporary sign identifying an architect, owner, funding source, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
(49) “Copy.” The wording on a sign surface in either permanent or removable letter form.
(50) “Corner lot.” See “Lot, corner” as defined in this section.
(51) “Court.” An unoccupied open space, other than a yard, on the same lot with a building which is bounded on two or more sides by the walls of such building.
(52) “Court, inner.” A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
(53) “Court, outer.” A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley, or yard.
(54) “Covenant.” A written promise or pledge.
(55) “Coverage.” See “Lot coverage” as defined in this section.
(56) “Culvert.” A transverse drain that channels under a bridge, street, or driveway.
(57) “Demolition.” Any dismantling or intentional destruction or removal of structures, utilities, public or private right-of-way surfaces, or similar property.
(58) “Density.” A unit of measurement; the number of dwelling units per acre of land.
A. “Gross density.” The number of dwelling units per acre of the total land to be developed.
B. “Net density.” The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(59) “Density, medium residential.” Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight dwelling units per gross acre.
(60) “Developer.” Any individual, subdivider, firm association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for the individual/entity or for another.
(61) “Development.” Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
(62) “Directional/informational sign.” An on-premises sign giving directions, instructions, or facility information and which may contain the name or logo of an establishment but no advertising copy, e.g., parking or exit and entrance signs.
(63) “Dish.” That part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolical, or similar in shape.
(64) “Double-faced sign.” A sign with two faces.
(65) “Drive-up or drive-through.” An establishment that, by design of physical facilities or by services or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be transported in a motor vehicle.
(66) “Drawing.” The map, drawing, or chart on which the developers' plan of subdivision is presented to the Planning Commission for conceptual and/or preliminary approval. After such approval or in concurrence with this submittal, the final plat may be prepared for submission.
(67) “Dwelling.” A building designed or used as the living quarters for one or more families. “Dwelling,” “single-family dwelling,” “two-family dwelling,” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A dwelling may include an industrialized unit (as defined herein) and a permanently sited manufactured home (as defined herein) provided it meets all of the following requirements:
A. The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
B. The manufactured home, excluding any addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least 900 square feet or equal to or greater than any minimum dwelling size applicable within an applicable zoning district.
C. The manufactured home has a minimum 3:12 residential roof pitch, conventional residential siding, and a 6-inch minimum eave overhang, including appropriate guttering.
D. The manufactured home was manufactured after January 1, 1995.
E. The manufactured home is not located in a manufactured home park as defined herein.
(68) “Dwelling, single-family.” A building designed for or occupied exclusively by one family and separated from other dwelling units by open space.
(69) “Dwelling, two-family.” A building consisting of two dwelling units which may be either attached side by side or one above the other.
(70) “Dwelling, multiple-family.” A building consisting of three or more dwelling units.
(71) “Dwelling unit.” Space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(72) “Easement.” Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of this property.
(73) “Electrical sign.” A sign or sign structure in which electrical wiring, connections, or fixtures are used.
(74) “Electronic message center.” See “Changeable copy sign, automatic” as defined in this section.
(75) “Emergency.” Any occurrence or set of circumstances involving actual or imminent physical trauma or property damage or loss which demands immediate action.
(76) “Emergency work.” Any work performed for the purpose of preventing or alleviating the physical trauma or property damage threatened or caused by an emergency.
(77) “Engineer.” Any person registered to practice professional engineering, in the State of Ohio, by the State Board of Registration as specified in Ohio R.C. Ch. 4733.
(78) “Facade.” The entire building front, including the parapet.
(79) “Face of sign.” The area of a sign on which the copy is placed.
(80) “Family.” One or more persons living, sleeping, cooking, or eating on the same premises as a single housekeeping unit with no more than six persons, unless all persons are related by blood, marriage, or adoption to one another.
(81) “Farm.” Any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and the storage of equipment used, subject, however, to applicable regulations. It excludes the raising of fur- bearing animals, riding academies, livery or boarding stables, and dog kennels.
(82) “Federal Emergency Management Agency (FEMA).” The agency with the overall responsibility for administering the National Flood Insurance Program.
(83) “Festoon.” A string of ribbons, tinsel, small flags, or pinwheels.
(84) “Filling station.” See “Gasoline station” as defined in this section.
(85) “Flashing sign.” A sign which contains an intermittent or sequential flashing light source used primarily to attract attention. Does not include changeable copy signs, animated signs, or signs which, through reflection or other means, create an illusion of flashing of intermittent light (compare “Changeable copy sign” as defined in this section).
(86) “Flood” or “flooding.” A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.
(87) “Flood Insurance Rate Map (FIRM).” An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
(88) “Flood Insurance Study.” The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
(89) “Floodplain.” The areas adjoining a water course which are expected to be flooded as a result of a severe combination of hydrological conditions.
(90) “Floodway.” The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(91) “Floor area.” The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the exterior walls. In particular, the floor area of a building or buildings shall include: basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that are used for human occupancy.
(92) “Freestanding sign.” A sign supported upon the ground by poles or braces and not attached to any buildings.
(93) “Frontage.” The length of the property line of any one premise along a public right-of-way on which it borders.
(94) “Frontage, building.” The length of an outside building wall on a public right-of-way.
(95) “Garage, repair.” Any establishment which is used for repair, painting, servicing, adjusting, or equipping of automobiles, boats, or any other vehicle with an engine or motor of any kind.
(96) “Gasoline station.” Any area of land, including structures thereon, that is used primarily for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but not including the painting thereof by any means.
(97) “Government sign.” Any temporary or permanent sign erected and maintained by the Village, County, State, or Federal Government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility.
(98) “Grade, finished.” The completed surfaces of lawns, walks, and roads brought to grades as shown on Village-approved plans or designs relating thereto.
(99) “Gross floor area” The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
(100) “Gross vehicle weight rating.” The value specified by the manufacturer as the recommended maximum loaded weight of a single motor vehicle. In cases where trailers and tractors are separable, the gross combination weight rating (GCWR), which is the value specified by the manufacturer as the maximum loaded weight of the combination vehicle, shall be used.
(101) “Height (of a sign).” The vertical distance measured from the highest point of the sign, excluding decorative embellishments, to the grade of the adjacent street or the surface grade beneath the sign, whichever is less (compare “Clearance (of a sign)” as defined in this section).
(102) “Home occupation.” An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood in which the dwelling is located, and conforms to the following additional conditions:
A. The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
B. Not more than one person outside the family shall be employed in the home occupation.
C. There shall be no exterior display, no exterior sign (except as may be permitted under Section 1287.11), no exterior storage of materials, and no other exterior indication of the home occupation or variation from the residential character of the principal building.
D. No offensive noise, vibration, smoke, dust, odors, heat, or glare shall be produced.
(103) “Hospital.” An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons and licensed by State law to provide facilities and provides overnight accommodations for such patients.
(104) “Hospital, animal.” An establishment for the medical and/or surgical care of sick or injured animals.
(105) “Hotel.” A facility offering transient lodging accommodations to the general public and providing additional services such as restaurants, meeting rooms, and recreational facilities for their guests.
(106) “Identification sign.” A sign whose copy is limited to the name and address of a building, institution, or person and/or to the activity or occupation being identified.
(107) “Illegal sign.” A sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.
(108) “Illuminated sign.” A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
(109) “Improvements.” Street pavement or resurfacing, curbs, gutters, sidewalks, waterlines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(110) “Incidental sign.” A small sign, emblem, or decal informing the public of goods, facilities, or services available on the premises, e.g., a credit card sign or a sign indicating hours of business.
(111) “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 or 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. An “industrialized unit” does not include a manufactured home or mobile home as defined herein.
(112) “Institution.” A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
(113) “Junk.” Any worn-out, castoff, or discarded article or material which is or may be salvaged for reuse, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for the aforementioned purposes. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.
(114) “Junk buildings, junk shops, junk yards.” Any land, property, structure, building, or combination of the same, on which junk is stored or processed. See also Ohio R.C. 4737.05(B).
(115) “Kennel.” A structure used for the harboring, grooming, breeding, boarding, training, or selling of more than three domestic animals.
(116) “Line, street.” The dividing line between the street and the lot, also referred to as the “right-of-way line.”
(117) “Living area.” The total square footage of usable living floor space within the defined areas created by the walls of a dwelling. Such area does not include open patios, open terraces or courts, open breezeways, outside steps, garages, and/or carports.
(118) “Loading space.” A loading space shall have minimum dimensions of not less than 12 feet in width, 50 feet in length, exclusive of driveways, drive aisles, and other circulation areas, and a height clearance of not less than 15 feet.
(119) “Lot.” A parcel of land legally defined on a subdivision map recorded with the assessment department or land registry office, or a parcel of land defined by a legal record of survey map.
(120) “Lot, corner.” A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curbed street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
(121) “Lot coverage.” The ratio of enclosed ground floor area of all buildings and structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
(122) “Lot frontage.” The front of a lot shall be construed to be the portion nearest the street. 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” in this section.
(123) “Lot of record.” A 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.
(124) “Lot, through.” A lot having frontage on two parallel or approximately parallel streets.
(125) “Lot lines.” Any line dividing one lot from another (see Appendix, Illustration A).
(126) “Lowest floor.” The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building's lowest floor.
(127) “Maintenance fee.” The cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign for the purposes of the chapter.
(128) “Major thoroughfare plan.” The comprehensive plan recommended by the Planning Commission and adopted by the Village Council indicating the general location recommended by arterial, collector, and local thoroughfares within the corporate limits.
(129) “Mansard.” A sloped roof or roof-like facade architecturally comparable to a building wall.
(130) “Manufactured home.” A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the Federal Construction and Safety Standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable Federal Construction and Safety Standards.
(131) “Manufactured home (permanently sited).” A manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate facilities;
B. The structure, excluding an addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments of at least 900 square feet;
C. The structure has a minimum 3:12 residential roof pitch. conventional residential siding, and a 6-inch minimum eave overhang, including appropriate guttering;
D. The structure was manufactured after January 1, 1995;
E. The structure is not located in a manufactured home park as defined by Ohio R.C. 3733.01.
(132) “Manufactured home park.” Any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park, even though three or more manufactured homes are parked thereon if the roadways are publically dedicated. Manufactured home parks also do not include a tract of land used solely for display or sale of manufactured or mobile homes, or a tract of land with frontage on a public street that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation. A manufactured home park also does not include a recreational vehicle park.
(133) “Marquee.” A permanent roof-like structure or a canopy of rigid materials supported by and extending from the facade of the building (compare “Awning” as defined in this section).
(134) “Marquee sign.” Any sign attached to or supported by a marquee structure.
(135) “Monuments.” Permitted concrete markers shall be used to establish definitely all subdivision boundaries, line corners, points of change in centerline of street right-of-way alignment, and points of intersection of centerline of street right-of-way alignments. The monuments shall be of two types:
A. Type A: A cylindrical concrete marker 6 inches in diameter and 30 inches in length with a 1/4-inch iron rod cast at the central axis of the cylinder. Said marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground. To be used at all points not in the pavement area.
B. Type B: A cylindrical concrete maker as described under Type A except that a machine-type iron bolt (without nut) of 1 inch diameter by 12 inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the Final Plat.
(136) “Monument sign.” A permanent freestanding sign mounted on a base or other supports and where the bottom of the sign is located within three feet of the ground.
(137) “Motel.” A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit, or a motor lodge, shall be deemed a motel.
(138) “Motorcycle.” Every vehicle defined as a motorcycle in the Traffic Code.
(139) “Motor vehicle.” Every vehicle defined as a motor vehicle in the Traffic Code.
(140) “Motorized bicycle or moped.” Every vehicle defined as such in the Traffic Code.
(141) “Motor vehicle repair shop.” See “Garage, repair” as defined in this section.
(142) “Nameplate.” A non-electric on-premises identification sign giving only the name, address, and/or occupation of an occupant or group of occupants.
(143) “New construction.” Structures for which the start of construction has commenced on or after the effective date of this section.
(144) “Noise.” Any sound which annoys or disturbs humans or which causes or tends to cause an adverse psychological or physiological effect on humans or which unreasonably interferes with the peace and serenity of residents.
(145) “Noise disturbance.” Any sound which:
A. Endangers or injures the safety or health of humans or animals;
B. Disturbs a reasonable person of normal sensitivity; or
C, Endangers or injures personal or real property.
(146) “Nonconforming sign:”
A. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations, and
B. A sign which does not conform to the sign code regulations, but for which a special permit has been issued.
(147) “Nonconforming use.” 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.
(148) “Nursery school.” See “Child care facility” as defined in this section.
(149) “Nursing home.” A home or facility for the care and treatment of three or more persons who are living on the premises that are infirm and not normally capable of leaving the premises without assistance from care givers who are in attendance at the nursing home at all times.
(150) “Occupancy.” The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use.
(151) “Off-premises sign.” A sign structure advertising an establishment, merchandise, service, or entertainment, which is not sold, produced, manufactured, or furnished at the property on which said sign is located, e.g., “billboards” or “outdoor advertising.”
(152) “On-premises sign.” A sign which pertains to the use of the premises on which it is located.
(153) “Open space.” An area open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(154) “Owner.” A person recorded as such on official records. For the purposes of this chapter, the owner of property on which a sign is located is presumed to be the owner of the sign unless facts to the contrary are officially recorded or otherwise brought to the attention of the Administrator, e.g., a sign leased from a sign company.
(155) “Painted wall sign.” Any sign which is applied with paint or similar substance on the face of a wall.
(156) “Parapet.” The extension of a false front or wall above a roof line.
(157) “Parcel.” Any area or tract of land as defined in a recorded deed description and shown on a tax duplicate.
(158) “Parking space, off-street.” For the purpose of these regulations, 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 shall be located totally outside of any street or alley right-of-way.
(159) “Person.” Any individual, association, partnership, or corporation and includes any officer, employee, department, agency, or instrumentality of a state or any political subdivision of a state.
(160) “Place of public entertainment.” Any commercial facility open to the general public for purposes of entertainment.
(161) “Planned unit development.” An area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(162) “Plat.” The map, drawing, or chart on which the developer's final plan of subdivision is presented to the Planning Commission and the Village Council for approval, and after such approval, to the County Recorder for recording.
(162.5) “Pocket park.” A small park located within the Central Business District (CB) which shall be accessible to the general public, unless it is created as part of the public space requirement of a larger building project or complex.
(163) “Point of purchase display.” Advertising of a retail item accompanying its display, e.g., an advertisement on a product dispenser.
(164) “Pole cover.” A cover enclosing or decorating poles or other structural support of a sign.
(165) “Political sign.” A temporary sign used in connection with a local, state, or national election or referendum for the purpose of this chapter.
(166) “Portable sign.” Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building.
(167) “Powered model vehicle.” Any self-propelled, airborne, water-borne, or land-borne plane, vessel, or vehicle which is not designed to carry persons, including but not limited to, any model airplane, boat, car, or rocket.
(168) “Premises.” A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unity of real estate.
(169) Principal use.” The main use of land or structures as distinguished from a secondary or accessory use.
(170) “Projecting sign.” A sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure not specifically designated to support the sign.
(171) “Public way.” An alley, avenue, bikeway, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(172) “Real estate sign.” A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
(173) “Recreational facilities.” Commercial or noncommercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities and indoor recreational facilities. This definition includes a combination of indoor and outdoor recreational services.
(174) “Recreational vehicle.” A portable structure that is self-propelled or towable by another vehicle and of such size and weight as not to require special highway movement permits. Such vehicle shall be primarily designed, constructed or modified to provide temporary living quarters or for recreational, camping or travel use, and not for commercial purposes or for profit, and shall include, but not be limited to the following:
A. “Travel trailer.” A vehicular portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses.
B. “Pick-up camper.” A structure designed primarily to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
C. “Motorized home.” A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. “Folding tent-trailer.” A folding structure, mounted on wheels and designed for travel and vacation uses.
E. “Boat” or “boat trailer.” A boat, float or raft and any equipment to transport it on a highway.
F. “Watercraft.” A boat, float, raft, canoe, or any such vehicle and any equipment to transport it on a highway.
(175) “Regulations.” The Subdivision Regulations for the Village.
(176) “Responsible Authority.” The individual or governing body responsible for reviewing and/or approving or disapproving a request.
(177) “Right-of-way.” A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts, and bridges.
(178) “Roofline.” The top edge of a roof or building parapet, whichever is higher, excluding any cupolas, pylons, chimneys, or minor projections.
(179) “Roof sign.” Any sign erected over or on the roof of a building (compare “Mansard,” and “Wall sign” as defined in this section).
(180) “Rotating sign.” A sign in which the sign itself or any portion of the sign moves in a revolving or similar manner. Such motion does not refer to methods of changing copy.
(181) “Satellite dish.” A signal-receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
(182) “Service station.” See “Gasoline station” as defined in this section.
(183) “Setback.” The minimum distance from the street line to the building line measured along a line perpendicular to the street line or front property line, or in the case of an arc street, measured along the radius of such arc. For a lot abutting on a thoroughfare as shown on the Major Thoroughfare Plan for Lorain County, the setback shall be measured from the proposed right-of-way line specified for that thoroughfare on the Major Thoroughfare Plan for Lorain County.
(184) “Setback line.” A line established by the Subdivision Regulations and/or Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building other than accessory building or structure may be located above ground, except as may be provided in said codes (See “Yard” as defined in this section).
(185) “Sidewalk.” That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic (See “Walkway” as defined in this section).
(186) “Sign.” Any device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying any establishments, product, goods, or services.
(187) “Sign, area of:”
A. “Measurement of sign area.” The surface area of a sign shall be computed as including the entire area within a regular, geometric form or combinations of regular, geometric forms comprising all of the display area of the sign and including all of the elements of the matter displayed. Frames and structural members not being advertising matter shall not be included in computation of surface area.
B. “Sign face area.” Where a sign has two or more faces, the area of all the faces shall be included in determining the area of the sign.
(188) “Sign, permanent.” A sign that is permanently affixed to a building, other unmovable structure, or the ground.
(189) “Sign, portable.” Any sign which is capable of moving or being moved.
(190) “Sign, temporary.” A sign applying to a seasonal or other brief activity or service and constructed of wood, metal, cloth, paper, plastic, or fabric of any kind.
(191) “Snipe sign.” A temporary sign or poster affixed to a tree, fence, etc.
(192) “Solar power plant.” A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies. This includes systems designed and built to provide electricity directly to the electric utility grid.
(193) “Specified anatomical areas.” As used herein, means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(194) “Specified sexual activities.” As used herein, means and includes any of the following: the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth in this definition.
(195) “Start of construction.” The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site such as the pouring of slab or footings, the installation of piles, construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(196) “Story.” That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.
(197) “Street.” A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
(198) “Structure.” Any building, shed, parking areas, driveways, or any other object constructed on any parcel or lot, regardless if it is temporary or permanent construction. “Structure” shall not include live plant materials established on a lot.
(199) “Subdivision”:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange does not create additional building sites, shall be exempted.
B. The improvement of one or more parcels of land for residential, commercial, industrial, structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easement for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
(200) “Subdivision identification sign.” A freestanding or wall sign identifying a recognized subdivision, condominium complex, or residential development.
(201) “Substantial completion.” The point at which the building can be used for the purpose in which it was intended.
(202) “Substantial improvement”:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds 50% of the replacement or reproduction cost and/or area, whichever is greater, of the structure either:
1. Before the improvement or repair is started.
2. If the structure has been damaged and is being restored, before the damage occurred.
B. For the purpose of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. Any project for the improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(203) “Surface area (of a sign).” The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. All sides of multi-faced signs shall be included in the calculation of surface area.
(204) “Swimming pool.” A pool, pond, lake, or open tank having a span of at least six feet and intended for human recreational use and maintained by the owner or manager. Farm ponds and pools and ponds or lakes developed as landscape design features or as storm water detention/ retention facilities where swimming is not intended and does not occur shall be excluded.
A. “Private pool.” A pool exclusively used without paying an additional charge for admission by the residents and guests of a single household; an accessory use.
B. “Community or club pool.” A pool operated with or without a charge for admission and open to the general public for recreational use, or multiple-family development, or a community, or the members and guests of a club, or the patrons of a motel or hotel.
(205) “Temporary sign.” A sign not constructed or intended for long-term use.
(206) “Thoroughfare, street, or road.” All property dedicated or intended for public and private road, street, alley, highway, and freeway or roadway purposes or to pubic easements thereof.
A. “Alley.” A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street.” A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. “Collector street.” A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. “Cul-de-sac, terminating.” A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. “Cul-de-sac, intermediate.” Typically a local through street with a vehicular turnaround placed between street intersections or at the end of a temporary dead-end street intended to be extended in the future.
F. “Dead-end street.” A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
G. “Local street.” A street primarily for providing access to residential, commercial, or other abutting property.
H. “Loop street.” A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns are not more than 1000 feet from said arterial or collector street, normally more than 600 feet from each other.
I. “Marginal access street.” A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets (also called frontage street).
(207) “Through lot.” See “Lot, through” as defined in this section.
(208) “Townhouse.” One of two or more residential buildings having a common or party wall separating dwelling units.
(209) “Traffic control signs.” Any traffic control sign as defined in the Manual of Uniform Traffic Control Devices as published by the Ohio Department of Transportation under authority of Ohio R.C. 4511.09.
(210) “Under-canopy sign.” A sign suspended beneath a canopy, ceiling, roof, or marquee.
(211) “Use.” The purpose for which a building, lot, sign, or structure is intended, designed, occupied, or maintained.
(212) “Use, conditional.” A use of land that is of such a nature that its unlimited operation could be detrimental to the health, safety, morals, and general welfare of residents in the surrounding area or to property or property values, and on which the public has reserved the right to permit and/or regulate the use, subject to certain general and/or specific conditions stated in this Zoning Code or determined by the Board of Zoning and Building Appeals, Planning Commission, and Council which are deemed necessary to protect the permitted uses of other affected properties.
(213) “Use, institutional.” A use of land or a building by a nonprofit corporation or a nonprofit establishment for public use.
(214) “Variance.” A modification of the strict terms of the relevant regulations 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 action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(215) “Village.” The Village of Grafton, unless the context clearly discloses a contrary intent.
(216) “Walkway.” A dedicated public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(217) “Wall sign.” A sign attached parallel to and extending not more than eight inches from the wall of a building. This definition includes painted, individual letter, and cabinet signs, and signs on a mansard roof.
(218) “Window sign.” A sign installed inside a window and intended to be viewed from the outside.
(219) “Way.” A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
(220) “Wetlands.” Areas inundated or saturated by surface or ground water at a frequency or duration sufficient to support, under normal circumstances, a prevalence of vegetation adapted for life in saturated soil conditions. These areas may be as defined by the Corps of Engineers, Soil Conservation Service, Ohio Department of Natural Resources, or the Ohio Environmental Protection Agency, and are specifically delineated by a wetlands specialist.
(221) “Wireless telecommunications equipment shelter.” A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(222) “Wireless telecommunications facility.” A facility consisting of the equipment and structures involved in receiving or relaying telecommunications or radio signals from a radio communication source and transmitting those signals to a central switching computer which connects the unit with land-based telephone lines.
(223) “Wireless telecommunications tower.” A structure intended to support equipment used to transmit, relay, and/or receive telecommunications signals, including but not limited to monopoles, guyed, and lattice construction steel structures.
(224) “Yard.” An open space that lies between the principal building or buildings and the nearest lot line. The minimum required yard as set forth in this Zoning Code is unoccupied and unobstructed from the ground upward except as many be specifically provided in this Zoning Code.
A. “Yard, front.” A yard extending along the full width of the front lot line between side lot lines and from the front lot line to the building line in depth.
B. “Yard, rear.” A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building (see Appendix Illustration A).
C. “Yard, side.” A yard extending from the principal building between the lines establishing the front and rear yards (see Appendix Illustration A).
(225) “Zero lot line.” The location of a building on a lot in such a manner that one of the building's sides rests directly on a lot line (see Appendix, Illustration B).
(226) “Zoning Ordinance” or “This Ordinance.” As used herein means Ordinance 01-014, passed July 17, 2001, which is codified as Title Six of this Part Twelve - Planning and Zoning Code.
(Ord. 01-014. Passed 7-17-01; Ord. 05-027. Passed 12-20-05; Ord. 11-073. Passed 1-17- 12; Ord. 16-019. Passed 8-16-16; Ord. 18-009. Passed 6-19-18.)