For the purposes of this Zoning Code, certain terms are herein defined. The word BUILDING shall include the words "structure" and "premises". The word SHALL is mandatory and not directory. The words USED or OCCUPIED include the words "intended, designed or arranged to be used or occupied." The word LOT includes the words "plot" and "parcel." Any word not herein defined shall be as defined in any recognized standard English dictionary.
(1) ABANDONMENT. The discontinuance of a use or use of a building or structure for a period of time as specified herein.
(2) ABUTTING. Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
(3) ACCESSORY BUILDING. Accessory building means a subordinate building, the use of which is incidental to and customarily in connection with the principal building or use and which is located on the same lot with such principal building or use.
(4) ACCESSORY USE. Accessory use means a subordinate use which is incidental to and customarily in connection with the principal building or use and which is located on the same lot with such principal building or use.
(5) ADULT BOOK STORE. Adult book store means an establishment which derives 15% or more of its gross income from the sale and rental of books, magazines, other periodicals, films, tapes, CDs, DVDs and cassettes, which materials have, as their major or dominant theme, matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment which utilizes 15% or more of its retail selling area for the display of such materials, or an establishment for which both are true.
(6) ADULT MOTION PICTURE THEATER AND ADULT ONLY ENTERTAINMENT ESTABLISHMENT.
A. Adult motion picture theater means an enclosed motion picture theater or motion picture drive-in theater which derives 15% or more of its gross income from the showing of materials, for observation by patrons, which have, as their major or dominant theme, matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or such a theater which utilizes 15% or more of its total viewing time for the presentation of such materials, or a theater for which both are true.
B. Adult only entertainment establishment means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment of services which constitute adult material.
(7) ALLEY. Alley means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(8) AMENDMENT. Amendment means any addition to, deletion from, or change in this zoning ordinance, including text and/or map.
(9) APARTMENT. See "Dwelling Unit."
(10) ARCHIVAL INSTITUTION. Any public or private building, structure or shelter in which are stored historical documents, devices, records, manuscripts or items of public interest, which historical materials are stored to preserve the materials or the information in the materials, to disseminate the information contained in the materials, or to make the materials available for public inspection or for inspection by certain persons who have a particular interest in, use for, or knowledge concerning the materials.
(11) AUTOMOBILE SERVICE STATION. Automobile service station means any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders of motor vehicles or painting motor vehicles, public garages or the open storage of rental vehicles or trailers.
(12) BARRIER. Barrier means a fence or wall or other similar obstruction suitable for creating a line of separation.
(13) BASEMENT. Basement means a story having part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
(15) BOARDING HOUSE. Boarding house means a building, other than a hotel, apartment hotel, or short-term rental where, for compensation and by prearrangement for definite periods, lodging or meals or lodging and meals are provided for three or more persons.
(16) BUFFER AREA. An area bordering the zoning district boundary between a Residential and a Nonresidential District, reserved for plantings, fencing or other similar screening devices for the purpose of creating a transition zone between adjoining uses.
(17) BUILDABLE AREA. The area of the lot remaining after the minimum open space and/or yard requirements of this zoning ordinance have been complied with.
(18) BUILDABLE WIDTH. Buildable width means the width of the lot left to be built upon after the side yards are provided.
(19) BUILDING. Building means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
(20) BUILDING, HEIGHT OF. Height of a building means the vertical distance from the grade to the highest point of a flat roof, the deck line of a mansard roof or the average height between eaves and ridge for gable, hip and gambrel roofs.
(21) BUILDING LINE, FRONT. A line parallel to a street at a distance equal to the required front yard or at a greater distance when otherwise legally established by the municipality or by private covenant. Regardless of deed restrictions, the minimum distance as established by this title shall hold.
(22) BUILDING LINE (FRONT AND REAR). An imaginary linear extension of the building wall parallel to the lot line defining the limits of the front or rear yard.
(23) BUILDING, PRINCIPAL. A structure in which is conducted the principal use of the site on which it is situated. In any residential district, any dwelling shall be deemed to be a principal building on the district lot on which the same is located.
(24) CELLAR. Cellar means that part of a building having more than one-half of its height below the average grade of the adjoining ground. See "Basement."
(25) CLINIC. Clinic means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
(26) CLUB. Club means buildings and facilities owned or operated by a corporation, association or other person for a social, educational or recreational purpose, but not primarily for profit nor primarily to render a service which is customarily carried on as a business.
(27) COMMISSION. Commission means the Village Planning Commission.
(28) CONDITIONAL USE. Conditional use means a use allowed in a zoning district after a permit is granted by the Board of Zoning Appeals according to the provisions of § 1244.01.
(29) CONSTRUCTION. Shall be deemed begun when ground is broken for the purpose of the erection of any building falling under the jurisdiction of the zoning codes.
(30) COUNCIL. Council means the Village Council.
(31) COURT. Court means an open space more than one-half surrounded by buildings.
(32) DEMOLITION. Complete or substantial removal or destruction of any structure.
(33) DENSITY. A unit of measurement describing the number of dwelling units per gross area of land.
(34) DISTRICT. District means a part of the village wherein regulations of this Zoning Code are uniform.
(35) DRIVEWAY.
A. A driveway is a passageway across the village right-of-way and the yard of a property used for vehicular travel by the owner and those having express or implied permission from the owner, but not by other persons.
B. A driveway used to access a parking lot, as defined in this section, shall also be known as an "access driveway."
(36) DWELLING. Dwelling means any building or portion thereof which is designed and used exclusively for residential purposes.
(37) DWELLING, MULTIPLE. Multiple dwelling means a building designed for or occupied exclusively by three or more families.
(38) DWELLING, SINGLE-FAMILY. Single-family dwelling means a building designed for or occupied exclusively by one family.
(39) DWELLING, TWO-FAMILY. Two-family dwelling means a building designed for or occupied exclusively by two families.
(40) DWELLING UNIT. Dwelling unit means one or more rooms in a dwelling occupied or intended to be occupied as separate living quarters by a single family as defined here in.
(41) FAMILY. Family means one or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A FAMILY may not include more than two persons not related by blood, marriage or adoption.
(42) FENCE. Fence means a structure that is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as but not limited to chain link, wood or stone material.
(43) FLOOR AREA. Floor area means the square feet of floor space within the outside line of walls, including the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when such basement or cellar space is used for storage or incidental use.
(44) FRONTAGE. Frontage means all the property on one side of a street or highway, between two intersecting streets (crossing or terminating), or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet away on either side of a proposed building or structure.
(45) GARAGE, PRIVATE. Private garage means a detached accessory or portion of a main building housing the automobiles of the occupants of the premises, but not commercial vehicles.
(46) GARAGE, PUBLIC. Public garage means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term repairing does not include storage of wrecked or junked vehicles.
(47) GRADE. Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(48) HOME OCCUPATION. Home occupation means an occupation for gain which is subordinate and incidental to the use of the premises as a dwelling, carried on by a person in the home in which he/she resides which meets all of the following criteria:
A. No person, other than a member of the family residing on the premises, is engaged in such occupation.
B. The use of the dwelling unit for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25% of the floor area of the dwelling unit is used in the conduct of home occupation.
C. There is no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding one square foot in area, non-illuminated and mounted flat against the wall of the principle building.
D. No home occupation is conducted in any accessory building, providing that any accessory building meeting all applicable Fire Prevention Code and BOCA Basic Building Code regulations may be used for storage purposes incidental to the home occupation.
E. No traffic is generated by such home occupation in greater volume than would normally be expected in a residential neighborhood.
F. No equipment or process is used in such home occupation which creates noise, vibration, glare fumes, odors or electrical interference detectable to normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if the occupation is conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises or which causes fluctuations in line voltage off the premises.
(49) HOTEL. Hotel means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, in contrast to a boarding house, lodging house, or short-term rental as herein defined.
(49.01) INDUSTRIALIZED UNIT. A building unit or assembly of closed construction fabricated to the Ohio Building Code (OBC) 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 in division (71) of this section or a mobile home as defined in division (69) of this section.
(50) INSTITUTION. Institution means a nonprofit establishment for public use.
(51) KENNEL. Kennel means an establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.
(52) LANDSCAPED AREA. Landscaped area means an area that is permanently devoted and maintained for the growing of shrubbery, grass and other plant material.
(53) LEGISLATIVE AUTHORITY. Legislative authority means the Village Council of Jefferson Village.
(54) LOADING SPACE. Loading space means a space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of 12 feet, a minimum depth of 35 feet and a vertical clearance of at least 14-1/2 feet.
(55) LODGING OR ROOMING HOUSE. Same as "Boarding House."
(56) LOT. For the purpose of this zoning code, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, density, and area, and to provide for such yards and other open spaces as are herein required.
(57) LOT AREA. The area contained within lot lines, except that no area within street right-of-way lines shall be considered in determining lot area.
(58) LOT, CORNER. Corner lot means a lot abutting upon two or more streets at their intersection.
(59) LOT DEPTH. Lot depth means the mean horizontal distance between the front and rear lot lines.
(60) LOT, DOUBLE FRONTAGE. Double frontage lot means a lot having a frontage on two nonintersecting roads, as distinguished from a corner lot.
(61) LOT, INTERIOR. Interior lot means a lot other than a corner lot.
(62) LOT LINE. Lot lines defining the limits of a lot. Lot line is synonymous with property line.
(63) LOT LINE, FRONT. The line separating the lot from the street right-of-way on which the lot fronts. On a corner lot, the front lot lines shall be each lot line abutting a street.
(64) LOT LINE, REAR. The lot line opposite and most distant from the front lot line, or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the lot line. On a corner lot abutting a parcel zoned Residential, there shall be one rear lot line, as determined by the owner. Except as herein provided, a corner lot zoned as B-1 Business or Commercial, B-2 Business or Commercial, or OTB Old Town Business/Commercial shall not have a rear lot line, but instead two side lot lines.
(65) LOT LINE, SIDE. Any lot line other than a front or rear lot line.
(66) LOT WIDTH. Lot width means the width of a lot at the front yard line.
(67) LOT OF RECORD. Lot of record means a lot or parcel of land, the plat or deed of which has been recorded prior to the adoption of this Zoning Code (Ordinance 1301, passed July 6, 1976).
(68) LOT, ZONING. A single tract of land located within a single block which is designated by its owner or developer as a tract to be used, developed, or built upon as unit, under single ownership or control. Therefore, a zoning lot or lots may or may not coincide with a lot of record.
(69) MOBILE HOME. Mobile home means a detached single-family dwelling unit designed to be transported, after fabrication, on its own wheels or on flatbed or other trailers or detachable wheels, designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, arriving at the site where it is to be occupied as a complete dwelling, including major appliances and furniture, and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
(70) MOBILE HOME PARK. Mobile home park means an area where one or more inhabited mobile, modular or manufactured homes are parked or intended to be parked.
(71) MODULAR OR 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 (HUD) pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, 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 established by HUD.
(72) MOTEL, MOTOR COURT, MOTOR LODGE and TOURIST COURT. Motel, motor court, motor lodge and tourist court mean any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building, with garage or parking space conveniently located on the lot and designed, used or intended wholly or in part for the accommodation of automobile transients.
(73) MUSEUM. Any public or private, profit or nonprofit institution or organization that is organized for the acquisition, preservation, restoration and display of works, properties and memorabilia of lasting artistic, historical, cultural and scientific value for primarily educational or aesthetic purposes; owns or borrows objects or items of public interest, and cares for and exhibits to the public the objects, items, structures or items.
(74) NONCONFORMING USE. Nonconforming use means the lawful use of land or a building or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
(75) NUDITY. Nudity means the state of being without significant clothing, nude, bare, or naked.
(76) NURSING HOME. Nursing home means a home for the aged or infirm, in which three or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(77) OPEN AREA. Open area means that part of a lot on which no part of a building or structure extends:
A. Two feet above the highest curb elevation of the street or streets that bound the lot; and
B. One foot above the adjacent curb elevation for each one and one-fourth foot the building or structure is set back from the street lot line, except that no portion of the structure shall exceed 12 feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
(78) PARKING LOT. An open area other than a street used for the parking of more than four automobiles and available for public use whether free, for compensation, or as an accommodation for clients or customers.
(79) PARKING SPACE. Parking space means an area, enclosed or unenclosed, of not less than 180 square feet permanently reserved for off-street parking and located totally outside of any street or alley right-of-way, and connected to a public street or alley by a driveway which affords satisfactory ingress and egress. The dimensions of a parking space shall not be less than nine feet across nor less than 18 feet deep.
(80) PERSONAL STORAGE UNIT. Personal storage unit means a structure intended for the storage and safekeeping of an individual's personal property of the type described in § 1246.15 of this Zoning Code.
(81) PREMISES. Premises means a lot and all buildings and structures thereon.
(82) PRIVACY FENCE. A fence constructed for the purpose of limiting visual access.
(83) RECREATIONAL FACILITY. A building or enclosed structure containing recreational facilities, such as a tennis court, swimming pool and/or gymnasium, and operated by a government agency or as a business.
(84) RIGHT-OF-WAY. A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features such as grade separation, landscaped areas, viaducts, and bridges. Right-of-way line also means street line.
(85) SETBACK. The required minimum horizontal distance between a lot line and a structure as established by this code.
(86) SETBACK LINE. A line established by this Zoning Code generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this Zoning Code. The term "setback line" shall also include "required setback line."
(86.01) SHORT-TERM RENTAL. A furnished living space available for rental for short periods of time that the owner of record offers for a fee for occupancy for 30 consecutive days or less. A short-term rental shall not be the site of social gatherings and/or events, i.e. weddings, parties, banquets, and the like. A short-term rental shall comply with all applicable fire and building code requirements and provide for adequate parking for its guests. No tents, campers or recreational vehicles (RVs) are allowed at or on a short-term rental property. A short-term rental shall include bed and breakfast establishments.
(87) SIGN. Sign means an identification, description, illustration or device which is affixed to, or represented directly or indirectly upon, a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
(88) SIGN, PERMANENT. Such signs are intended to be used indefinitely, or used indefinitely without change in appearance or place.
(89) SIGN, TEMPORARY. A sign which is intended to be displayed for a limited time only.
(90) SIGN, WINDOW. A sign which is affixed to or in contact with the glass surface of a window or door, and is visible from the public street.
(91) SITE PLAN. A drawing or blueprint and supporting data which shows the location of a proposed building on a lot or lots, the architectural details of the proposed building, parking areas for the proposed building, points of ingress and egress for the proposed buildings, and landscape plans for the proposed building. A site plan shall contain the details specified in § 1256.03(a) of the Codified Ordinances of the Village of Jefferson.
(92) SPECIFIED ANATOMICAL AREAS. Specified anatomical areas means less than completely and opaquely covered human genitals, the pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(93) SPECIFIED SEXUAL ACTIVITIES. Specified sexual activities means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, the pubic region, buttocks or female breasts.
(94) STREET. Street means a public way which affords the principal means of access to abutting property.
(95) STREET CENTERLINE. Street centerline means a line halfway between the street lines.
(96) STREET LINE. Street line means a dividing line between a lot and a contiguous street.
(97) STRUCTURAL ALTERATION. Structural alteration means any change, except those required by law or ordinance, which would prolong the life of the supporting members of a building or structure, such as bearing walls, columns, beams or girders, but not including openings in bearing walls as permitted by other ordinances.
(98) STRUCTURE. Structure means anything constructed or erected with a fixed location on the ground or attached to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(99) SWIMMING POOL. The term swimming pool means any body of water (excluding natural bodies of water fed by rivers, streams, brooks or springs) or receptacles for swimming or bathing and constructed, installed or maintained in or on the ground outside of a building.
(100) TOURIST HOME. Tourist home means an establishment used for dwelling purposes in which rooms, with or without meals, are offered to transient guests for compensation.
(101) TOWNHOUSE. Townhouse means a building that has one-family dwelling units erected in a row as a single building, on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof along the dividing lot line and each such building being separated from any other building by space on all sides.
(102) TRAILER COURT. Trailer court means an area where one or more inhabited trailers can be or are intended to be parked.
(103) TRAVEL TRAILER. Travel trailer means a trailer, pick-up camper, tent trailer, converted bus or other vehicle or similar device for temporary portable housing.
(104) USE. The specific purpose for which land or a building is designed, arranged, or intended, or for which it is or may be occupied or maintained. The term "permitted use" shall not be deemed to include any nonconforming use.
(105) VARIANCE. A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest.
(106) YARD. 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 Code.
(107) YARD, FRONT. Front yard means a yard across the full width of the lot, extending from the front line of the main building to the front line of the lot. On corner lots there must be a front yard on both streets. On corner lots that are lots of record, the buildable width cannot be reduced to less than 28 feet.
(108) YARD, REAR. Rear yard means a yard extending the full width of the lot between a principal building and the rear lot line.
(109) YARD, REQUIRED. Required yard means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections of buildings as permitted in the Zoning Code and except for sidewalks, landscaping and other yard or site features.
(110) YARD, SIDE. Side yard means a yard between the main building and the side line of the lot and extending from the front yard line to the rear yard line.
(111) YARD WIDTH AND DEPTH. Yard width and depth means the shortest horizontal distance from a lot line to the main building.
(112) ZONING BOARD OF APPEALS. The Zoning Board of Appeals of Jefferson Village.
(114) ZONING INSPECTOR. Zoning Inspector means the individual designated to administer this Zoning Code and who is responsible for the enforcement of the regulations imposed by this Zoning Code.
(115) ZONING PERMIT. A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(`80 Code, § 1240.07) (Ord. 1301, passed 7-6-76; Ord. 1425, passed 4-2-79; Ord. 1600, passed 3-7-83; Ord. 1674, passed 1-22-85; Ord. 2306A, passed 4-17-00; Ord. 2353, passed 3-19-01; Ord. 2435, passed 9-16-02; Ord. 2568, passed 2-22-05; Ord. 2642, passed 5-15-06; Ord. 2763, passed 1-5-09; Ord. 3101, passed - -18; Ord. 3164, passed 12-16-19; Ord. 3278, passed 10-3-22)