1103.02 DEFINITIONS.
   ACCESS DRIVE: A way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
    ACCESSORY USE OR STRUCTURE: A use or structure subordinate to the principal use or structure on the lot or tract and serving a purpose customarily incidental to the use of the principal building. Included in this definition are detached residential garages, storage sheds and barns, carports and picnic shelters.
      ADULT ENTERTAINMENT FACILITIES: Definitions are located in Chapter 1145 (Adult Entertainment Business).
      AGRICULTURE: Carries the same definition as provided by Sec. 1.61 of the Ohio Revised Code.
      ALLEY or LANE: A public right-of-way not less than twenty (20) feet or more than thirty (30) feet wide which affords only a secondary means of access to property abutting thereon.
     ALTERATION: Any change, rearrangement, or modification in the construction or in the exit facilities of a building, and/or the moving of partitions from one location to another within a structure.
      ALTERATION, STRUCTURAL: Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
       
      AUTOMOBILE WASH and AUTOMATIC CAR WASH: Any building or premises or portions thereof where mechanical devices are used for washing automobiles.
      AUTOMOTIVE REPAIR SERVICES AND GARAGES: Establishments primarily engaged in furnishing automotive repair, rental, leasing, and parking services to the general public.
      AUTOMOTIVE: Motor vehicle dealers (new and used, and used only), truck dealers (new and used, and used only), motorcycle dealers (new and used, and used only) tire, battery and accessory dealers, miscellaneous aircraft, marine and recreational vehicle dealers, automotive rentals, automobile services except repair.
      BASEMENT: A space having one-half or more of its floor-to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half (6 and ½) feet.
      BEDROOM: A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
      BOARDING HOME FOR SHELTERED CARE: A profit or nonprofit boarding home, rest home, or other home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
      BUFFER STRIP: A land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
      BUILDABLE AREA: The area of a lot remaining after the minimum yard and open space requirements of the zoning ordinance has been met.
      BUILDING: Any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any individual, animal, process, equipment, goods or materials of any kind or nature.
      BUILDING, ACCESSORY: A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
     BUILDING COVERAGE: The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
      BUILDING HEIGHT: The vertical distance of a building measured from the average elevation of the finished grade within twenty feet of the structure to the highest point of the roof.
      BUILDING LINE: The line within the property defining the required minimum distance between any structure and the property line.
      BUILDING, PRINCIPAL: A building in which is conducted the main or principal use of the lot on which it is situated.
      CALIPER (TREE): The diameter of a tree as measured approximately 4 feet above the ground.
      CARPORT: A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
      CARRY-OUT RESTAURANT: An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted.
      CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
      CENSUS TRACT: Areas into which communities are divided by the U.S. Department of Commerce, Bureau of the Census, for statistical purposes.
      CERTIFIED ARBORIST: Any individual certified by the National Arborist Association.
      CHIMNEY: A structure lesser in function than a smokestack and containing one or more flues for drawing off emissions from stationary sources of combustion.
   
      CLUSTER: A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
      COMMERCIAL USE: Any activity carried out for pecuniary gain.
      COMMUNITY ASSOCIATION or HOMEOWNERS ASSOCIATION: An association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
   CONDITIONAL USE: An uncommon or infrequent use permitted within a zoning district other than a principally permitted use, subject to compliance with certain standards or explicit conditions, following guidelines established by the Planning and Zoning Board.
    
   CONDOMINIUM: A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
      CONDOMINIUM ASSOCIATION: The community association which administers and maintains the common property and common elements of a condominium.
      CONGREGATE HOUSING: A dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
      CONVENIENCE FOOD MARKET: A retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
   
   CRAWL SPACE: A space with more than one-half (½) of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half (6 ½) feet.
      CUSTOMARY AGRICULTURAL OPERATIONS: See "Agriculture."
      DAY CARE CENTER: A private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
      DENSITY: A unit of measurement; and number of dwelling units per acre of land.
   
      DRIVE-IN USE: An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
      DWELLING: A structure or portion thereof in which person or persons reside.
      DWELLING, ATTACHED: A one-family dwelling attached to two (2) or more one-family dwellings by common vertical walls.
      DWELLING, DETACHED: A dwelling which is not attached to any other dwelling by any means.
      DWELLING, MULTI-FAMILY: A dwelling containing more than two dwelling units.
      DWELLING, SEMI-DETACHED: A one-family dwelling attached to one (1) other one-family dwelling by a common vertical wall, and each dwelling located on a separate lot.
      DWELLING, TOWNHOUSE: A one-family dwelling in a row of at least three (3) such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one (1) or more common fire resistant walls.
      DWELLING, TWO-FAMILY: A structure on a single lot containing two (2) dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
      DWELLING UNIT: One (1) or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single family maintaining a household.
      DWELLING UNIT, EFFICIENCY: A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
      EASEMENT: A grant of one (1) or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
      EXCAVATION: The removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
   
      EXTENSION: A physical expansion of an existing structure.
   
      FAMILY: One or more individuals occupying a dwelling unit and living as a single household unit.
      FARM: A parcel of land used for agricultural activities.
   FARM ANIMALS: Those animals or livestock typically associated with a farm or agricultural operation.
     FARM STAND: A booth or stall located on a farm from which produce and farm products are sold to the general public.
   
      FENCE: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
     FLOOR AREA, FINISHED: The sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, and storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
      FLOOR AREA, GROSS: The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
      FLOOR AREA, GROUND: The sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, and storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
      FLOOR AREA, NET: The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
      FRONTAGE: That portion of a lot abutting on a dedicated right-of-way.
      GARAGE: A building or wing of a building, with a footing or foundation, used or intended to be used for the parking and storage of motor vehicles.
      GLARE: The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
      GROUP CARE FACILITY: A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
      HOTEL: Any structure consisting of one or more buildings, with more than five sleeping rooms kept, used, maintained, advertised, or held out to the public to be a place where sleeping accommodations are offered for pay to transient guests for a period of thirty days or less.
   HOME OCCUPATION: Any activity carried out for financial gain by a resident and conducted as a customary, incidental, and an accessory use in the resident's dwelling unit. Pursuant to Chapter 1151, certain Home Occupations require a permit.
      IN-LIEU FEES: Fees paid by a private individual or party to the Village of Hebron to compensate for the mandatory land dedication provisions of the Zoning Code when said land dedication is waived by Village Council.
      INDUSTRIAL PARK: A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
      INOPERABLE VEHICLE: A vehicle that is not mechanically operable.
      INSTITUTIONAL USE: A nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure or land used for public purpose.
      JUNK: Worn-out articles fit to be discarded. Something worthless or shoddy. Clutter: stuff.
      JUNK MOTOR VEHICLE: A motor vehicle that is three (3) years old or older, and is apparently inoperable, and is extensively damaged, including but not limited to missing wheels, tires, engine, or transmission.
   JUNKYARD: Any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two (2) or more unregistered, inoperable motor vehicles or other type of junk.
    KENNEL, COMMERCIAL: Any lot or premises on which three or more domesticated dogs or cats, of more than four months of age, are housed, groomed, bred, boarded, trained, or sold and where pet care products, equipment, merchandise, and/or food is sold.
      KENNEL, PRIVATE: Any lot or premises on which three or more domesticated dogs or cats, of more than four months of age, are housed, groomed, bred, boarded, trained, or sold.
      LANDSCAPING: Any portion of a parcel of land that includes trees, shrubs, bushes, planting beds, hedges, and earth mounds or other natural or decorative material or feature.
      LOT: A designated parcel, tract or area of land established by plat, subdivision or as otherwise permitted by law, to be used, developed or built upon as a unit.
      LOT, BUILDABLE: A lot having the required street frontage and yard spaces
that would allow for the construction of a structure as permitted by the zoning classification of that lot.
      LOT, CORNER: A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
      LOT COVERAGE: The portion of the lot that is covered by buildings and structures.
      LOT, DOUBLE FRONTAGE: A lot, other than a corner lot, with frontage on more than one (1) street.
      LOT OF RECORD: A lot that has been platted and recorded at the Licking County Recorder's office before the effective date of this Ordinance or amendments thereof.
     LOT SPLIT: The division of a parcel of land into one or more smaller parcels.
      MANDATORY LAND DEDICATION: The required dedication of private land to the Village of Hebron for the purpose of providing space for park recreation, open space and other public uses.
      MANUFACTURED HOME: Dwellings manufactured off-site in advance, usually in standard sections that can be easily shipped and assembled.
      MANUFACTURING: Establishments engaged in the mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the creation of products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
   
      MOBILE HOME: A house trailer serving as a permanent home and connected to required utilities.
      MOTEL: See Hotel.
   MOTOR VEHICLE: Carries the same definition as provided by Sec. 4501.01 of the Ohio Revised Code.
      MOTOR VEHICLE SALES or TRAILER SALES: The use of any building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and where no warranty repair work and other repair service is conducted.
      MOTOR VEHICLE SERVICE STATION: Any building, land area or premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries, and similar services.
      NET DEVELOPABLE SITE: The remainder of a parcel(s) of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks and ditches, and all other dedicated rights-of-way.
      NO-BUILD ZONE: An area or portion of a lot that is designated by deed not to contain any buildings, structures or other built improvement on a permanent basis.
      NONCONFORMITIES: A building, structure, use of land, or parcel of real estate existing at the time of enactment of this Planning and Zoning Code, and which does not conform to the regulations of the zoning district in which it is situated.
      NONCONFORMING LOT: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails by reason of such adoption, revision or amendment to conform to the present requirements of the zoning district.
      NONCONFORMING STRUCTURE OR BUILDING: A structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to the zoning ordinance, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
      NONCONFORMING USE: A use or activity which was lawful prior to the adoption, revision or amendment of the zoning ordinance, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
      NURSING HOME: An extended or intermediate care facility licensed or approved to provide full-time convalescent or long term care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
      OFF-STREET PARKING SPACE: A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
      ON-STREET PARKING SPACE: A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
      ONE-AND-A-HALF-STORY: A residential dwelling having a ground floor and a second floor equal to less than one hundred (100) percent of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as "knee wall") are not more than five (5) feet above the floor of such story.
   
      OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
      OPEN SPACE, COMMON: Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
      OUTDOOR DISPLAY: The temporary outdoor display of material and or merchandise for the purposes of retail sales.
   OUTDOOR STORAGE: The keeping in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
   
      PARK: A tract of land designated and designed for the use by members of the public for active and passive recreation.
   
      PERSON: Any person, corporation, partnership, company, contracting firm or other entity, including those employed by the Village or under a contract with the Village.
      PERSONAL SERVICES: Establishments primarily engaging in providing services involving the care of a person or his or her apparel.
      PLAT: A map representing a tract of land, showing the boundaries and location of individual properties and streets. A portable structure map of a subdivision or site plan.
      PRETREATMENT: The private onsite treatment of wastewater before discharge into public wastewater system.
      PRINCIPAL USE: The primary or predominant use of any lot.
      PUBLIC USE: A land use that is owned and/or operated by the public and is accessible to the public.
      RECONSTRUCTION: The rebuilding or substantial remodeling of an existing structure.
      RECREATIONAL AND CAMPING EQUIPMENT: Boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
      RECREATIONAL AND CAMPING VEHICLES: Vehicular-type structures primarily designed as temporary living quarters for recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
      REFUSE: Something rejected or discarded as worthless or useless.
      RESIDENTIAL DISTRICT: Any of the following zoning districts: Low Density Residential District (R1); Medium Density Residential District (R2); High Density Residential District (R3); Single Family Dwelling - Zero Lot Line (R4); and Multi-Family Residential District (R5).
      RESTRICTIVE COVENANT: A restriction on the use of land usually set forth in the deed.
     RETAIL SERVICES: Establishments providing services or entertainment as opposed to products.
      RUBBISH: Worthless material: trash.
      SATELLITE DISH: A dish used to receive or transmit radio, television or data.
      SATELLITE GROUND STATION: A ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
   
      SCHOOL: Any building or portion thereof which is designed, constructed or used for educational or instruction in any branch of knowledge.
      SELF-STORAGE FACILITY: A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
      SETBACK: The distance between the street right-of-way line and the front line of a building or any projection thereof, excluding uncovered steps.
      SETBACK LINE: That line that is required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
      SIGN: See definitions included in Chapter 1153 (Signs).
   
      SPLIT LEVEL: A residential dwelling containing finished floor area on two (2) or more levels with not less than three (3) feet nor more than six (6) feet vertical distance between the plane of one floor level and the place of the next higher level.
      SPOT ZONING: The re-zoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the comprehensive zoning plan.
      STORAGE BUILDING: The design and construction of approved units to be used as and for the storage of personal property for a monthly fee or other form of compensation.
      STORY: That portion of a building, including 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 the floor and the ceiling next above it.
   STREET: Any vehicular way which: (1) Is an existing state, county, municipal or village roadway; or (2) is shown upon a plat approved pursuant to law; or (3) is approved by other official action; or (4) is shown on a plat duly filed and recorded in the office of the Licking County Recorder prior to the appointment of the Planning Commission and the grant to such board of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
      STREET, COLLECTOR: A street which collects traffic from local streets and connects with minor and major arterial.
      STREET, LOCAL: A street designed to provide vehicular access to abutting property and to discourage through traffic.
      STREET, MAJOR ARTERIAL: A street with access control, channelized intersections, restricted parking, and which collects and distributes traffic to and from minor arterial.
      STREET, MINOR ARTERIAL: A street with access controls, signals at important intersections and stop signs on the side streets, and which collects and distributes traffic to and from collector streets.
      STRUCTURE: A combination of materials to form a construction for use, occupancy or ornamentation whether installed on, above or below the surface of land or water.
      SUBDIVISION: The division or re-division of land into two or more parts, lots, parcels, sites, units, tracts, or interests for the purpose of transfer of ownership; lease or building developments, immediate or in the future. See Village of Hebron Subdivision Regulations.
      SWIMMING POOL: A public or private in-ground or above-ground pool, pond, or open tank containing at least two (2) cubic feet of water at any point and having an area greater than twenty-five (25) square feet, and maintained by a property owner or manager.
      TRAILER: A structure standing on wheels, towed or hauled by another vehicle and used for carrying materials, goods or objects, or as a temporary office.
      TRAVEL TRAILER: A recreation vehicle that is towed by a car or truck and used for short term human occupancy.
      TREE: Any tree, shrub, or other woody plant.
      TREE, LARGE: Any tree species which normally attains a full grown height equal to or greater than forty-five (45) feet.
      TREE LAWN: That part of a street right-of-way not covered by sidewalk or other paving, lying between the property line and that portion of the street right-of-way that is paved and usually used for vehicular traffic.
      TREE, MEDIUM: Any tree species which normally attains a full grown height of between twenty-five (25) and forty-five (45) feet.
      TREE, SMALL: Any tree species which normally attains a full grown height of under twenty-five (25) feet.
      TWO-STORY: A residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding one hundred (100) percent of the required minimum ground floor finished square footage.
      USE: The purpose or activity, for which land or buildings are designed, arranged or intended, or for which land or buildings are occupied or maintained.
      VARIANCE: A minor departure or exception from the strict rule or literal enforcement of the Planning and Zoning Code.
      VEHICULAR USE AREA: Any area used by vehicles.
      VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care of animals in need of medical or surgical attention. The boarding of animals is limited to short-term care incidental to the hospital or use.
   YARD: A required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and unobstructed from the ground upward except as may be specifically provided in the zoning ordinance.
      YARD, FRONT: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
     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. For corner lots the rear yard shall constitute that area of the lot that is adjacent to the rear portion of the principle structure.
      YARD, SIDE: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
      ZERO LOT LINE: The reduction, by official act, of the required setbacks and buildings lines established. (Ord. 19-20. Passed 11-4-20; Ord. 11-24. Passed 4-10-24.)