(1) "Accessory use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use.
(2) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
(3) "Airport" means any runway, landing area or other facility designed, used or intended to be used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
(4) "Alley" or "lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(5) "Apartment" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(6) "Apartment efficiency" means a dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
(7) "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(8) "Apartment house": See Dwelling, multi-family.
(9) "Automobile repair, major" means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body frame, or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
(10) "Automobile repair, minor" means incidental body or fender work, or other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under "Automobile repair, major," or any other similar thereto.
(11) "Automobile or trailer sales area" means any open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(12) "Automobile service station or filing station" means a building or other structure or a tract of land where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is dispensed directly to users of motor vehicles, including greasing and oiling on the premises.
(13) "Automobile wash" or "automatic car wash" means a building or structure where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles.
(14) "Basement" means a story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.
(15) "Beginning of construction" means the incorporation of labor and material within the walls of the building or buildings. (Requires building permit)
(16) "Block". In describing the boundaries of a district the word "block" refers to the legal description. In all other cases the word "block" refers to the property abutting on one side of a street between two intersecting streets or a street and a railroad right of way or watercourse.
(17) "Board" means the Board of Zoning Appeals of the City.
(18) "Boarding or lodging house" means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, but not transients.
(19) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
(20) "Building, height of" means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(21) "Building line" means the line beyond which no building or part thereof shall project, except as otherwise provided by this Zoning Ordinance.
(22) "Buildable lot area" means that part of the lot included within the open areas required by this Zoning Ordinance.
(23) "Cellar" means that portion of a building between floor and ceiling partly underground, but having half or more than half of its clear height below the adjoining finished grade.
(24) "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
(25) "City" means the municipal corporation of Heath, Licking County, State of Ohio.
(26) "City Building Inspector" means the Building Inspector of the City who is also the Zoning Inspector for purposes of this Zoning Ordinance.
(27) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
(28) "Club" means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(29) "Commission" means the Planning Commission of the City.
(30) "Convalescent (rest) home" means a home designed for the care of patients after they leave the hospital but before they are released from observation and treatment.
(31) "Council" means the City Council of the City of Heath, Ohio.
(32) "Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
(33) "Display sign" means a structure that is arranged, intended, designed or used as an advertisement, announcement or direction, including a sign, billboard and advertising device of any kind.
(34) "District" means a portion of the territory of the City within which certain uniform regulations and requirements or variance combinations thereof apply under the provisions of this Zoning Ordinance.
(35) “Driveway” means an access with a minimum of 8 feet in width, paved with concrete or asphalt for a minimum distance of thirty feet from the pavement.
(36) "Dwelling" means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.
(37) "Dwelling, one-family" means a building designed for or used exclusively for residence purposes by one family or housekeeping unit.
(38) "Dwelling, two-family" means a building designed for or used exclusively by two families or housekeeping units.
(39) "Dwelling, multi-family" means a building or portion thereof designed for or used by three or more families or housekeeping units.
(40) "Dwelling unit" means one room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(41) "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground, surface or overhead gas, electrical, steam or water transmission or distribution systems, collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(42) "Family" means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding house, lodging house, motel or hotel, fraternity or sorority house.
(43) "Floor area" means the number of square feet of living area excluding garages, porches, carports, breezeways and other nonlivable areas.
(44) "Frontage" means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the Board of Zoning Appeals shall determine the frontage for purposes of this Zoning Ordinance.
(45) "Frontage-where measured". The frontage of the lot shall be measured along the front property line, but may be modified in the case of curvilinear streets in accordance with Chapter 1101.
(46) "Garage, private" means a detached accessory building or a portion of the principal building used by the occupants of the premises for the storage of self-propelled passenger vehicles or trailers.
(47) "Garage, public" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
(48) "Home occupation" means any occupation which is customarily incident to the principal use of the premises and is conducted by a resident occupant.
(49) "Hospital" means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria, sanitoria.
(50) "Hotel" means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing fifteen or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite, except hospitals and jails.
(51) “Industrialized unit” means 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 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 division (C)(4) of this section or a mobile home as defined by division (O) of Section 4501.01 of the Revised Code.
(52) "Industry" means storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
(53) "Junk or salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment; but not including such places where such uses are conducted entirely within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.
(54) "Kennel" means any structure or premises on which five or more dogs over four months of age are kept.
(55) "Kitchen" means any room in a building or dwelling unit which is used for cooking or the preparation of food.
(56) "Land use plan" means the long-range plan for the desirable use of land in the City as officially adopted and as amended from time to time by the Planning Commission; the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and the acquisition of right of way or sites for public purposes such as streets, parks, schools and public buildings.
(57) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(58) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Zoning Ordinance, and having frontage on a public street.
(59) "Lot area coverage" means the percentage of the area of a lot which is covered by buildings or structures.
(60) "Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner."
(61) "Lot, interior" means a lot other than a corner lot.
(62) "Lot depth" means the mean horizontal distance between the front and the rear lot lines.
(63) "Lot lines" means the property lines bounding the lot.
(64) "Lot line, front" means the line separating the lot from a street.
(65) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(66) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(67) "Lot line, street or alley" means a lot line separating the lot from a street or alley.
(68) "Lot width" means the mean width of the lot measured at right angles to its depth.
(69) "Lot area" means the computed area contained within the lot lines.
(70) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
(71) “Manufactured home” means 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", 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.
(72) "Mineral" means any chemical compound occurring naturally as a product.
(73) “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five body feet in length or, when erected on site, is three hundred twenty 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 division (C)(4) of Section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of Section 3781.06 of the Revised Code.
(74) "Motel" or "motor hotel" means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests, such units having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants.
(75) "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use but not in respect to height area, yards or courts, floor area or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
(76) "Parking area, private" means an area for the same uses as a private garage.
(77) "Parking area, public" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(78) "Parking space" means a permanently surfaced area not less than 162 square feet. Residential garages will not be considered in the computation of parking spaces.
(79) "Profession" means any recognized profession such as: art, architecture, engineering, law, medicine, music, science and teaching.
(80) "Rooming house" means a dwelling occupied by a resident family or resident occupant and three or more rent-paying persons.
(81) "School, elementary and high" means an institution of learning which offers instruction in the several branches of learning and study required to be taught in the public schools by the applicable statutes of the State. High schools include junior and senior grades.
(82) "Sign, area of" means the total exterior surface computed in square feet on a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.
(83) "Stable, commercial" means a stable for horses, donkeys, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
(84) "Stable, private" means an accessory building for the keeping of horses, donkeys, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
(85) "Standard, performance" means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(86) "Story" means that portion of a building, included between the surface of any floor and the surface of the floor next about it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
(87) "Story, half" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two exterior walls are not more than four feet above the floor of such story; provided, however, that any partial story used for residence purposes shall be deemed a full story.
(88) "Story, first" means the lowest story or the ground story of any building the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes shall be deemed the first story.
(89) "Story, mezzanine" means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third of the area of the story directly underneath such mezzannine-story.
(90) Accessory buildings in R-Districts-Yard requirements: Except as provided in Chapter 1105, an accessory building if not located in the rear yard shall be an integral part of, or connected with, the principal building to which it is accessory, and shall be so placed as to meet all yard and court requirements for a principal building of the same height and other dimensions as such accessory building.
(91) Accessory buildings in R-Districts-Without main building: In any R District no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building.
(92) Performance standards-Compliance: Even though compliance with performance standards' procedure, Chapter 1181, may be expressly required for a particular use, initial and continued compliance with performance standards is required of every use.
(93) Street frontage required: Except as permitted by other provisions of this Zoning Ordinance, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least forty feet on a street; and there shall be not more than one single-family dwelling for such frontage.
(94) Traffic visibility across corner lots: In any R district on any corner lot, no fence, structure or planting shall be erected or maintained within twenty-five feet of the corner (the point of intersection of the right-of-way lines), which interferes with traffic visibility across the corner.
(95) Courts, when required: If in any district, in the judgment of the Zoning Inspector, any room in which persons are to live, sleep or work, except storage rooms, bathrooms or toilets, would not be adequately lighted and ventilated from a street, alley or other public open space, or from a front yard, side yard or rear yard, to be provided in accordance with the requirements of this Zoning Ordinance, or by approved mechanical story in case it covers more than one-third of the area of the story directly underneath such mezzanine-story.
(96) "Street" means a public right of way sixty-six feet or more in width which provides a public means of access to abutting property, or any such right of way more than thirty feet and less than sixty-six feet in width provided it existed prior to the enactment of this Zoning Ordinance. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
(97) "Structure" means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(98) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
(99) "Yard" means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward except as otherwise provided in this Zoning Ordinance.
(100) "Yard, front" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
(101) "Yard, front"; how Measured: Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line); provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the "Official Map of the City of Heath" differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on such Thoroughfare Plan or Official Map.
(102) "Yard, rear" means a yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
(103) "Yard, side" means a yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
(104) "Side yard, least width"; How Measured: Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street; provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the "Official Map of the City of Heath" differs from that of the existing street, then the required side yard least width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or Official Map.
(105) "Zoning Inspector" means the Zoning or Building Inspector of the City of Heath, or his authorized representative.
(106) "Zoning Map" means the Zoning Map of the City of Heath, together with all amendments subsequently adopted.
(107) "Zoning Certificate or Building Permit" means a document issued by the Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(Ord. 30-2018. Passed 5-21-18.)