For the purpose of this Zoning Code the following terms are defined; these definitions apply only to the Zoning Code and are not to be interpreted to pertain to other sections or chapter of these Codified Ordinances:
(1) “Abutting” means bordering.
(2) “Accessory use or building” means a portion of a building or a subordinate building whose use is incidental to the permitted use of the remainder of the building or the main building.
(3) “Accommodation” means a place of human habitation that is a temporary place of shelter consisting of one or more rooms for a guest’s private use, referred to herein as the guest room and at a minimum provides the following:
A. Furnishings in the guest room and such furnishings must include a bed;
B. Artificial light sources and appropriate screening of all windows in the guest room for privacy;
C. Sanitation facilities within the guest room or access to sanitation facilities shared by more than one guest room;
D. The utility services of water, electricity, and/or natural gas for each guest room through a common or single meter for the structure or building and such utilities shall be made available to the guest room without requiring the guest of the guest room to contract with the utility providers to establish such service for the guest room;
E. If the provision of telephone service is made available to the guest room, then a working telephone and telephone service shall be provided to that guest room without requiring the guest of the guest room to contract with the telecommunications service provider to establish such service for the guest room; and
F. If the provision of cable service is made available to the guest room, then such service shall be made available to each guest room without requiring the guest of the guest room to contract with the cable television service provider to establish such service for the guest room.
The term “accommodation” excludes the terms “dwelling unit” and “private residence”.
(4) “Alley” means a public way less than twenty-five feet in width, but no less than ten feet in width dedicated to public use for travel or transportation and affording access to abutting property.
(5) “Alley line” means a lot line bordering on an alley.
(6) “Alteration”:
(a) “Alter or alteration” means any change in, addition to, rearrangement of or modification in construction or in the existing facilities, or the moving of partitions from one location or position to another;
(b) “Structural alteration” means any change in the supporting members of a building such as bearing walls, columns, lintels, beams or girders, or floor construction.
(7) “Antenna” means any system of wires, poles, rods or similar devices used for the transmission or reception of electromagnetic waves., Until otherwise indicated, the use of the term “antenna “ in this Zoning Code includes the antenna tower.
(8) “Antenna tower” means any structure used for the primary purpose of supporting one or more antennas, including foundation, guys and other components thereof.
(9) “Bed and Breakfast Inn” means an owner-occupied single-family residential structure where a transient guest can obtain an accommodation for a fee to remain on the bed and breakfast inn premises for a period not to exceed thirty (30) consecutive days, and no more than five (5) individual guests can be provided accommodations at any given time. A bed and breakfast inn must also meet all of the requirements of the definition of “hotel” set forth in section 1131.03, except for subsection D. public garage.
(10) “Bi-level house” means a two story dwelling having the floor grade of the lower story below the lot grade.
(11) “Boarding house” means an owner-occupied single-family residential structure where a guest can obtain an accommodation for a fee for a period of time that can exceed thirty (30) consecutive days and no more than five (5) individual guests can be provided accommodations at any given time. The term “boarding house” shall also mean “rooming house”. The term “boarding house” shall exclude the terms “dwelling unit”, “group family home”, “group multi-family home”, “fraternity or sorority house” or “club house”.
(12) “Building” means an edifice, structure, or any construction or erection located under or above the surface of the ground.
(13) “Building line” means the clearance line limiting the approach to a lot line of a building exclusive of open porches, steps, terraces, walkways or separate accessory buildings, or as otherwise provided in this Zoning Code.
(14) “Cattery” means any establishment for the raising, breeding, training, boarding or selling of cats for hire or profit.
(15) “Corner lot” means a lot at the intersection of, and abutting on two streets, each of which is not less than twenty-five feet in width.
(16) “Court” means an uncovered space wholly or partly surrounded by buildings or walls.
(17) “District” means all properties of the same use, height and area classification which adjoin or are continuous without intervening property or another classification and regardless of any street, alley, easement or reserve that may intervene.
(18) “Double” means a two-family, two-story residence with living units being constructed side by side.
(19) “Dry cleaning establishment” means a use involving the cleaning or dyeing of fabrics.
(20) “Duplex” means a two-family, two-story residence with one living unit up and one living unit down.
(21) “Dwelling unit” means a place of human habitation on a permanent basis that includes sanitation facilities that consist of a minimum of:
A. A toilet;
B. Bathtub or shower; and
C. A sink.
At a minimum provide either of the following facilities for the preparation of meals:
A. A full-sized refrigerator and stove top and conventional oven; or
B. The wiring and connections that permit the easy installation of a full-sized refrigerator and stove top and conventional oven.
The term “dwelling” when used in this code has the same meaning as “dwelling unit”. The terms “dwelling” and “dwelling unit” exclude the term “accommodation”.
(22) “Erect” means to construct, build, raise or establish either under, upon or above the ground surface.
(23) “Extend” means to enlarge or increase area used or occupied.
(24) “Extended stay hotel” means one or more structures or buildings where a guest can obtain an accommodation for a fee for a period of time that can exceed thirty (30) consecutive days but that otherwise meets the definition of hotel and complies with any applicable Life Safety Code or Building Code requirements imposed by the Fire Marshal and is constructed in accordance with applicable Building and Property Maintenance Codes and approved by the Building Official. The term “extended stay hotel” excludes the terms “dwelling unit” and “multi-family”.
(25) “Fast food business” or “drive-in restaurant” means a retail business operation occupying less than 10,000 square feet of floor area where products prepared for customers consist of food and beverages prepared for immediate consumption.
(26) “Fence” means a boundary or enclosure consisting of masonry or two or more upright supporting wire, rails or panels of wood, metal or plastic, or shrubbery planted and spaced so as to create an enclosure.
(27) “Front line of a building” “front yard line” means that portion of the building adjacent to the street line affording principal access to the building.
(28) “Front yard” means a front yard is an open unoccupied space on the same lot with a building between the front line of the building (building line) and front line of the lot.
(Ord. C79-74. Passed 1-20-75.)
(29) “Garage” means any building or portion of building in which motor vehicles are kept or stored.
A. “Residential garage” means a closed structure designed for vehicular parking with a minimum 20 x 20 floor area dimension. Floor area shall be measured from the exterior dimensions.
(Ord. C85-98. Passed 11-16-98)
B. “Garage repair shop” means any building or portion of a building in which repairs are made to motor vehicles.
(Ord. C22-87. Passed 4-6-87.)
(30) “Group family home” means an owner-occupied or manager-occupied single-family residential structure that provides accommodations for no more than five (5) individuals at any given time for the housing of individuals that need some level of supervision and care. Group family home only includes a facility licensed by the State of Ohio including, for example, an adult family home licensed by the Department of Health, and a family home licensed by the Department of Mental Retardation and Developmental Disabilities.
(31) “Group multi-family home” means a multi-family residential structure that provides accommodations for more than five (5) individuals for the housing of individuals that need some level of supervision and care. Group multi-family home only includes a facility licensed by the State of Ohio including, for example, an adult group home licensed by the Department of Health and a group home licensed by the Department of Mental Retardation and Developmental Disabilities.
(32) “Half story” means a story under a gable, hip or gambrel roof, the wall plates of at least two exterior walls being not more than three feet above the floor of such story.
(33) “Height” means the vertical dimension measured in a straight line from the finish grade line of the side being measured to the highest point of the building. No side or face of the building shall exceed the established height restriction as measured herein.
(34) “Hotel” means one or more structures or buildings where a transient guest can obtain an accommodation for a fee to remain on the hotel premises for a period not to exceed thirty (30) consecutive days and which meets the following additional requirements:
A. Provide fresh linens daily to each accommodation or at some other interval upon request of the occupant of an accommodation but no less frequent than weekly;
B. Clean each accommodation in use daily or at some other interval upon request of the occupant of an accommodation but no less frequent than weekly;
C. Make each accommodation available for a fee on a daily or weekly basis; and
D. If a garage for motor vehicles is provided, it must be a public garage.
The term “hotel” includes the term “motel”. The term “hotel” excludes the terms “dwelling unit and multi-family”.
(35) “Industry” means operations involved in manufacture, production or processing of articles of use.
(36) “Interior lot” means a lot other than a corner lot.
(37) “Kennel” means any establishment for the raising, breeding, training, boarding or selling of dogs for hire or profit.
(Ord. C66-85. Passed 9-16-85.)
(38) “Loading space” means an area or space which shall be at least 10 feet by 25 feet in area with a 14-foot high clearance designated for the sole purpose of loading and unloading.
(39) “Lot” means a measured parcel of land having fixed boundaries and designated on a plat or survey.
(40) “Lot grade” means the finished grade of the lot as approved in the Grading Plan.
(41) “Lot line” means the line of demarcation between properties, either public or private.
(42) “Meat packing plant” means a place where animals other than fowl or game are processed, cured and/or made ready for cold storage or sale, other than a slaughterhouse.
(43) “Minimum net floor area for living quarters” shall be computed from outside dimensions of the floors in the dwelling used as living quarters. The second floor in each case qualifies for living quarters; rooms for garage purposes, outside vestibules, open or closed porches or verandas shall not be included. At least fifty percent of the minimum net floor area must be above the lot grade line. “Living quarters” as used herein means that portion of the building which is constructed with ceilings and walls finished on the inside in accordance with the City's Building Code.
(44) “Motel” means a hotel that provides guests ready access to their vehicles.
(45) “Multi-family” means one or more structures or buildings arranged, intended or designed to contain more than two (2) dwelling units where each dwelling unit is generally available for purchase or for rent via a lease agreement for a period of not less than thirty (30) days and where:
A. There are separate utility meters for each dwelling unit;
B. The resident is required to contract with the utility providers for utility services for the dwelling unit;
C. The resident is required to contract with a telecommunications provider for telecommunication services for the dwelling unit if the resident desires such services; and
D. If garages are provided, they must be private garages.
The term “multi-family” shall include the term “row dwellings” and structures held out and marketed as apartments and condominiums. The term “multi-family” excludes the term “hotel”, “extended stay hotel” or “motel”.
(46) “Nonconforming use” means one that does not comply with the regulations of the use district in which it is situated.
(47) “Occupancy” means the purpose for which a building or part of a building is used or intended to be used. Change of occupancy is not construed to include change of tenants or proprietors when nonconforming use is being considered.
(48) “Open porch” means a porch having no enclosing feature, except screen, higher than thirty-six inches above the floor except the roof supports.
(49) “Parking space” means an area of appropriate dimensions, not less than 180 square feet, net, exclusive of access and accessible from public ways for the parking of motor vehicles.
(50) “Person” means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership, or corporation, its or their successors or assigns, or the agent of any of the aforesaid.
(51) “Planned Unit Development (PUD)” means an established area in which diverse uses may be brought together as a compatible and unified plan of development.
(52) “Porch” means a roofed structure projecting from a building and separated from the building by the walls of the building and partially supported by piers, posts or columns, open, closed or partially enclosed.
(53) “Premises” means lands and everything of a permanent nature which may be owned.
(54) “Private residence” means a dwelling unit constructed as either:
A. A single-family dwelling unit;
B. A two-family dwelling unit including doubles, duplexes or twin-singles; or
C. A multi-family dwelling unit including row dwellings.
The term “residence”, when used in this code, has the same meaning as “private residences”.
(55) “Private garage” means a structure or building or portion thereof for the housing of non- commercial motor vehicles and in which no work, trade, occupation, business or service connected in any way with motor vehicles is carried on, as an accessory use permitted in a SF, R, D or A Zoning District for a:
A. A private residence which garage is for the exclusive use of the private residence; or
B. A residential structure with a special use permit authorizing use as a boarding house, bed and breakfast inn, group family home, group multi-family home or fraternity or sorority house which garage is for the exclusive use of the residents of that use.
The term “private garage” excludes the term “public garage”.
(56) “Public garage” means any structure or building or portion thereof available to the general public or the housing, storing or parking of any motor vehicles for a fee as a permitted use or as an accessory use, in any zoning district except SF, R, D or A district. The term “public garage” excludes the term “private garage”.
(57) “Public notice” of a hearing or proceeding, unless otherwise provided by law, meansseven days notice prior to the hearing or proceeding of the time, date, and place thereof posted on the City’s website.
(58) “Rear line of a building” means that portion of the building opposite the front line of the building, whether or not affording service access to the building.
(59) “Rear yard” means an open unoccupied space on the same lot with a building between the rear line of the building and the rear line of the lot.
(60) “Restaurant” means an establishment other than a drive-in or fast food operation for the preparation, sale and consumption on the premises of food, beverages or refreshments.
(61) “Retail filling station” means a use involving the supplying to individual vehicles for their use only, of oil, grease or gasoline, or other liquid fuel with other customary incidental service, the storage facilities of which use shall not be in excess of two tank cars or total storage capacity of 30,000 gallons. A retail filling station is the same as a gasoline service station.
(62) “Right of way” means the strip of land dedicated or otherwise acquired for use by the public for a public street or alley.
(63) “Row dwellings” means a group of connected residences separated by vertical fire walls, each residence having its own front and rear yards, and having appropriated to it the entire building between the fire walls.
(64) “Setback line” means the building line.
(65) “Shall” is mandatory.
(66) “Shop for custom work” means a building in which is connected an operation of assembly, repair service or manufacture of articles upon order and for retail sale on the premises. Thus, a radio repair shop, furniture repair or upholstery shop, et cetera, would be shops for custom work while a locomotive or machinery shop would not be a shop for custom work.
(67) “Side yard” means an open unoccupied space on the same lot with a building situated between the building and the side line of the lot and extending through from the street or from the front yard to the rear line of the lot. Any lot line not a rear line or a front line shall be deemed a side line.
(68) “Sign” or “display sign” means a structure that is arranged, intended, designed or used as an advertisement, announcement or direction and includes a sign or sign screen, billboard and advertising device of any special kind.
(69) “Single-family dwelling” means a residential building arranged, intended or designed for one family.
(70) “Slaughterhouse” means a use of a building arranged or devoted to the killing of animals other than poultry or game.
(71) “Split level” means a dwelling with three or more levels with at least two of these levels above grade.
(72) “Stockade or palisade fence” means a fence exceeding four (4) feet in height from surrounding grade and constructed with a row of large stakes of wood or other natural and permanent material, whether pointed or not, placed upright against each other and having more than fifty percent (50%) of the area of its vertical plane closed to light or air.
(73) “Story” means 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, the space between the floor and the ceiling next above it. 2019 Replacement
(74) “Street” means any avenue, boulevard, road, lane, parkway or other way for vehicular and pedestrian traffic shown, excluding driveways into single or two-family dwellings or access to commercial or business establishments and their parking facilities. It includes the land between the street boundary lines whether improved or unimproved.
(75) “Street boundary line” means the lot line bordering a street.
(76) “Structure” means an edifice, building or erection located under or above the surface of the ground.
(77) “Studio” means the working room of an artist, painter, sculptor or, one engaged in any more or less artistic employment as in photography, designing, et cetera.
(78) “Twin single” means a two-family single story residence with living units constructed side by side.
(79) “Two-family dwelling” means a residence building arranged, intended or designed for two families.
(80) “Use” means the application of premises or building to a particular purpose.
(81) “Yard” means an unoccupied space, other than a court, surrounding the building or buildings on the same lot.
(Ord. C79-74. Passed 1-20-75; Ord. C69-89. Passed 10-16-89; Ord. 09-05. Passed 2-22-05; Ord. C47-19. Passed 10-7-19; Ord. C-17-18. Passed 4-2-18.)