(A) As used in this Zoning Code, words used in the present tense include the future, the singular number includes the plural, and the plural the singular; the word BUILDING includes the word STRUCTURE, and the word LOT includes the word PLOT; and the word SHALL is mandatory and not directory. Any word not herein defined shall be construed in its generally accepted sense.
(B) In addition, for the purpose of this chapter, the following definitions apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING. A subordinate building or portion of a main building, the use of which is incidental to that of the main building.
ACCESSORY BUILDING OR STRUCTURE. Any building or structure in which activities are carried out which are accessory to or supportive of those activities in the primary structure. An ACCESSORY BUILDING may not contain other primary activities or those activities carried out in the primary structure itself. The terms ACCESSORY BUILDING and ACCESSORY STRUCTURE are interchangeable. An ACCESSORY BUILDING must be located on the same lot as the primary structure to which it is accessory. Any ACCESSORY BUILDING or ACCESSORY STRUCTURE must be located a minimum of ten feet from the primary structure.
ALLEY. A public thoroughfare not over 20 feet wide.
APARTMENT HOUSE. See MULTIPLE DWELLING.
AWNING. Any structure made of cloth, wood, or metal and having a metal or wooden frame, being attached to a building and projecting over a public right-of-way.
BASEMENT. A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
BED AND BREAKFAST. An owner-occupied single-family dwelling in which rooms are rented to paying transients or travelers on an overnight basis, with only breakfast being served. The cost of the breakfast is included in the room rate. No room may be rented to any person for a period of more than 14 consecutive days.
BOARDING HOUSE. A building other than a hotel, where lodging and meals, for five or more persons, are served for compensation.
BUILDING. A structure having a roof supported by walls. When a BUILDING is separated by a party wall without an opening, it shall be deemed to be a separate BUILDING.
BUILDING HEIGHT. The vertical distance from the established sidewalk grade at the center of the front of the building, to the highest point of the roof surface of a flat roof, to the deck line of mansard roofs and to the mean height level between eaves and ridge for gabled, hip and gambrel roofs. For a building set back from the street line, BUILDING HEIGHT may be measured from the average elevation of the finished grade along the front of the building.
CANOPY. Any structure made of cloth, wood, or metal and having a metal or wooden frame, being attached to a building, projecting over a right-of-way and carried by a frame supported by the building.
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Planning Commission. CONDITIONAL USES permitted in each district are listed.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Inspector, upon approval by the Planning Commission, to allow a use, other than a principally permitted use, to be established within a district.
COURT. An open, unoccupied, unobstructed space, other than a yard, on the same lot as a building. An INNER COURT is a court surrounded on all sides by walls or by walls and a lot line. An OUTER COURT is a court extending to a court or way, or to a front or rear yard.
DAY-CARE CENTER (CHILD DAY-CARE CENTER). Any place in which child-care is provided for five or more infants, pre-school children, and/or school age children, in average daily attendance, other than the children of the owner or administrator of the center, with or without compensation.
DWELLING. Any house or building or portion thereof designed for or occupied in whole or in part as the home, residence, or sleeping place of one or more persons, either permanently or transiently, but not including house trailers or mobile homes.
DWELLING, MULTIFAMILY. A building or portion thereof designed for or occupied as the home of three or more families or households, living independently of each other, including tenement houses, apartment houses, and/or apartment hotels.
FAMILY. One or more persons occupying a premises and living as a single household unit, as distinguished from a group occupying a boarding house, lodging house, club, fraternity, or hotel.
FENCE. All structures used as barriers or to demarcate a boundary, but shall not include ornamental structures of less than one foot in height.
GARAGE. A building or any portion thereof in which one or more motor vehicles are housed, kept, or repaired, not including exhibition or show rooms.
GARAGE COMMUNITY. A series of private garages, one story in height, located jointly on a parcel of land under a single ownership.
HOME OCCUPATION. An occupation conducted in a dwelling unit.
HOUSE TRAILER. Any self-propelled and non-self-propelled vehicle, as designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to indicated utilities, whether resting on wheels, jacks, or other temporary foundation and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.
HOTEL/MOTEL. A building occupied as the more-or-less temporary abiding place of individuals who are lodged, with or without meals, and in which there are more than five rooms usually occupied, singly, and where no provisions are made for cooking in any individual apartment (room).
INDUSTRIALIZED HOME or INDUSTRIALIZED UNIT. A building of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a part of a great structure, and that requires transportation to the site of intended use. INDUSTRIALIZED UNIT includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. INDUSTRIALIZED UNIT does not include a manufactured home as defined by R.C. § 3781.06(C)(4) or a mobile home defined by R.C. § 4501(o).
IN-GROUND SWIMMING POOL. A swimming pool where 10% of the tank of water is below grade.
LODGING HOUSE. A building, other than a hotel, where lodging for five or more persons is provided for compensation.
LOT. A place or parcel of land occupied or to be occupied by one building and its accessory building, including the open space required under this Zoning Code.
LOT, CORNER. A lot abutting on two or more streets at their intersection, provided that the angle at which the streets intersect does not exceed 135 degrees. A portion of a CORNER LOT that is more than 100 feet from the corner shall be treated as an interior lot.
LOT COVERAGE. The proportion of the total lot area that is covered by primary structures and accessory structures.
LOT, FRONT, REAR, AND DEPTH OF. The front line of a lot is that boundary line which borders on the right-of-way. In the case of a corner lot, the owner may elect by a statement on his or her plans, either right-of-way boundary line as the FRONT. In the case of a triangular lot, the REAR is the boundary line not bordering on the right-of-way. The DEPTH OF A LOT is the dimension measured from the front of the lot to the entrance rear line of the lot. In the case of an irregularly shaped lot, the mean depth shall be taken.
LOT, INTERIOR. A lot the side lines of which do not abut on any street.
LOT LINES. The lines bounding a lot, as defined herein.
MANSARD ROOF. A roof having two slopes on all sides, with the lower slope steeper than the upper one.
MANUFACTURED HOME. A building or 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 Manufacturing Housing Construction and Safety Standards Act of 1074 Stat. 700, 42 U.S.C. §§ 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 U.S.C. § 5415, certifying compliance with all applicable federal construction and safety standards.
MINI-WAREHOUSE/GARAGE COMMUNITY (ALSO CALLED A SELF-SERVICE STORAGE FACILITY). A structure or group of structures in a controlled access and fenced compound that contains varying in sizes of individual compartmentalized and controlled access stalls or lockers for the storage of customer’s goods or wares.
MOBILE HOME. Any non-self-propelled vehicle designed, constructed, reconstructed, or added to, by means of accessories, in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used, or so constructed as to permit it being used, as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of 30 feet.
MOBILE HOME OR TRAILER. A building or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or, when erected on-site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in R.C. § 3781.06(C)(4) or as industrialized unit as defined in R.C. § 3781.06(C)(3).
MOBILE HOME PARK. Any site or tract of land upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
MOTEL. See HOTEL.
NONCONFORMING USE. A use of a building or land that is not in compliance with the regulations of the use district in which it is located.
OFF-STREET PARKING. Any parking space for a motor vehicle located wholly off any public street, alley, or right-of-way and which is constructed of a hard, dustless surface and drained according to sound engineering practice.
PARKING SPACE, OFF-STREET. An area adequate for parking of an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, which area is located totally outside of any street or alley right-of-way.
RECREATIONAL VEHICLE. A vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreation, and vacation uses and is classed as follows: travel trailer; motor home; truck camper; part trailer; or fifth wheel trailer.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscape areas, viaducts, and bridges.
SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of SEATS is the number of seating units, or each 24 lineal inches of benches, pews, or space for loose chairs.
SETBACK LINE. The minimum horizontal difference between the lot line and the lot front line of any building or projection thereof, excluding steps which do not extend more than four feet beyond the front wall of the building.
STABLE. Any building or portion thereof which is used in whole or in part for the care and shelter of horses, cattle, or other similar animals, either permanently or transiently.
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 is no floor above it, then the space between such floor and the ceiling next above it.
STORY, HALF. A story which is situated under a sloping roof, the floor area of which does not exceed one-half of the floor area of the floor immediately below it and which does not contain an independent apartment. A HALF STORY shall not be counted as a story for the purpose of determining property.
STREET, PUBLIC. A public thoroughfare which has been dedicated or deeded to the public for public use and which affords principal means of access to abutting property.
STRUCTURAL ALTERATION. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
STRUCTURE. Anything constructed or erected, the use of which requires a more or less permanent location on the ground or an attachment to something having a firm location on the ground. STRUCTURE includes buildings, commercial radio or television towers, sheds, and permanent signs, but excludes fences.
TRAVEL TRAILER. A self-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. TRAVEL TRAILER includes a tent-type foldout camping trailer as defined in R.C. § 4717.01.
TRUCK CAMPER. A non-self-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers that consist of walls and a roof, and do not have floors and facilities enabling them to be used as a dwelling.
USE. The specific purposes for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
VARIANCE. A modification of the strict terms of 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.
VEHICLE. Every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, or devices other than bicycles moved by human power.
YARD. An open space unoccupied and unobstructed by any structure or portion of a structure, lying between a structure and adjoining lot lines.
ZONING CERTIFICATE or ZONING PERMIT. A document issued by the Zoning Inspector authorizing initial use of land or buildings or changes in the use of the same and certifying conformance with provisions of this chapter.
(Prior Code, § 1260.03) (Ord. 79-15, passed 11-12-1979; Ord. 94-12, passed 4-25-1994; Ord. 2002-6, passed 4-29-2002; Ord. 2012-7, passed 1-29-2013)