The following words and phrases, when used in this Zoning Code, shall have the meanings respectively ascribed to them in this chapter.
(1) Abattoir. "Abattoir" means a use or building arranged or devoted to the killing of animals other than poultry or game. (1956 Code Sec. 1311.02)
(2) Abutting. "Abutting" means bordering. (1956 Code Sec. 1311.03)
(3) Accessory Building. "Accessory building" means a building subordinate to the main building, located on the same lot occupied by the main building. An "accessory building" shall not include, whether modified or not, vehicles, trailers, box cars, water craft, or other commercial and portable storage units.
(4) Accessory Use. "Accessory use" means a subordinate use customarily incident to and located on the same lot occupied by the main use or building.
(5) Alignment. "Alignment" means the location with reference to a line touching the foremost enclosed portions of buildings. (1956 Code Sec. 1311.05)
(6) Alley. "Alley" means a public way other than a street. (1956 Code Sec. 1311.06)
(7) Alley Line. "Alley line" means a lot line bordering on any alley. (1956 Code Sec. 1311.07)
(8) Apartment House. "Apartment house" means a building arranged, intended or designed to be occupied by five (5) or more families living independently of each other and doing their own cooking upon the premises or by five (5) or more individuals or groups of individuals living independently but having a common heating system and a general dining room. (1956 Code Sec. 1311.08)
(9) Automotive Detailing. "Automotive detailing" means an extremely thorough cleaning, polishing, or waxing of a motor vehicle, both inside and out, to produce a show-quality level of cleanliness and polish.
(10) Bar. "Bar" means an establishment used primarily for the dispensing, or sale of alcoholic beverages by the drink for on-site consumption.
(11) Brewery. "Brewery" means an establishment where more than a combined total of fifteen thousand (15,000) barrels annually of beer, ale, hard cider, mead, wine, spirituous liquor, or other alcoholic beverage is manufactured on the premises for distribution, retail, or wholesale, on or off premises.
(12) Buffer Screening Area. "Buffer screening area" means that area in business or industrial districts which is required to be screened and properly maintained in order to separate the business and/or industrial districts from residential districts. Construction and maintenance of such screening shall be subject to the inspection and approval of the Director of Community Development.
(13) Building. "Building" includes any structure built or constructed for permanent use consisting of foundations, walls, columns, girders, beams, floors, and roof, or combination of any number of these parts, with or without other parts or appurtenances.
(14) Building Line. "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. (1956 Code Sec. 1311.10)
(15) Commercial Recreational Facility. "Commercial Recreation Facility" means a building, group of buildings, or outdoor facilities or areas used for recreational purposes, and operated as a business, including: skating and roller rinks, bowling alleys, pool and billiard halls, batting cages, rock climbing, play areas, sports fields, recreation centers, swimming pools, tennis courts, arcades, paintball, airsoft, laser tag, and similar activities, as approved by the Building Commissioner.
(16) Corner Lot. "Corner lot" means a lot at the intersection of and abutting on two (2) streets not less than thirty (30) feet in width. (1956 Code Sec. 1311.11)
(17) District. "District" means all properties of the same use, height and area classifications which adjoin or are continuous without intervening property of another classification and regardless of any street, alley, easement or reserve that may intervene. The greatest dimensions of the area included in a district shall be the length of the projection of the district upon the centerline of a street which passes through the district or upon which the property abuts, such projections being made at right angles to the street. (1956 Code Sec. 1311.12)
(18) Double Duplex. "Double duplex" means any separate or detached four-family residence, the first and second floors of which residence are each designed and arranged for use by two families, separated by a vertical division wall. (1956 Code Sec. 1311.13)
(19) Dry Cleaning Establishment. "Dry cleaning establishment" means a use involving the cleaning or dyeing of fabrics and employing the service of more than three (3) persons, the use of mechanical appliances requiring more than (3) three horsepower or the use of volatile or explosive substances. (1956 Code Sec. 1311.14)
(20) Dwelling. "Dwelling" means a building arranged, intended or designed to be occupied by not more than four (4) families living independently of each other and doing their own cooking upon the premises. (1956 Code Sec. 1311.15)
(21) Erect. "Erect" means construct, build, raise or establish either under, upon or above the ground surface. (1956 Code Sec. 1311.16)
(22) Established Grade. "Established grade" means the elevation of the street curb as fixed by the City. (1956 Code Sec. 1311.17)
(23) Extend. "Extend" means to enlarge or increase an area used or occupied. (1956 Code Sec. 1311.18)
(24) Family. "Family" means any number of individuals living together as a single housekeeping unit and doing their own cooking on the premises. (1956 Code Sec. 1311.19)
(25) Fronting. "Fronting" means bordering, in the sense of affording principal access. (1956 Code Sec. 1311.20)
(26) Front of a Building, Front Line of a Building and Building Line. "Front of a building," "front line of a building" and "building line" mean, respectively, that portion, building line or yard line adjacent to the street line affording principal access to the building. (1956 Code Sec. 1311.21)
(27) Front Yard. "Front yard" means an open unoccupied space on the same lot with a building between the front line of the building and the front line of the lot. (1956 Code Sec. 1311.22)
(28) Garage Repair Shop. "Garage repair shop" means a building or portion of a building in which repairs are made to motor vehicles. (1956 Code Sec. 1311.23)
(29) Height of a Building. "Height of a building" means the perpendicular distance measured in a straight line from the curb level, or from the finished grade line of the lot when such grade is higher than the curb, to the highest point of the roof beams in the case of flat roofs and to the average of the height of the gable in the case of high-pitched roofs. Such measurement shall in all cases be taken through the center of the facade of the house. When a building is on a corner lot and there is more than one grade of level, the measurement shall be taken through the center of the facade on the street having the lower elevation. (1956 Code Sec. 1311.24)
(30) Industry. "Industry" means operations involved in the manufacture, production or conversion of materials into articles of use. (1956 Code Sec. 1311.25)
(31) Interior Lot. "Interior lots" means a lot other than a corner lot or that portion of a corner lot area in excess of seven thousand two hundred (7,200) square feet. (1956 Code Sec. 1311.26)
(32) Least Dimension. "Least dimension" of a yard means the least of the horizontal dimensions of such yard. If two (2) opposite sides of a yard are not parallel, the least dimension shall be the mean distance between them. (1956 Code Sec. 1311.27)
(33) Lot. "Lot" includes "plat" and means a parcel of land occupied or designated to be occupied by one building and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this Zoning Code and such open spaces as are arranged and designed to be used in connection with such building. Such lot may or may not be the same as the lot in a recorded subdivision. (1956 Code Sec. 1311.28)
(34) Lot Line. "Lot line" means the line of demarcation between either public or private properties. (1956 Code Sec. 1311.29)
(35) Microbrewery. "Microbrewery" means an establishment, with or without restaurant facilities, that produces no more than a combined total of fifteen thousand (15,000) barrels annually of beer, ale, hard cider, mead, wine, spirituous liquor, or other alcoholic beverage for onsite consumption or retail carry-out and that complies with R.C. Title 43 and all State alcohol-related regulations and licenses.
(36) Nonconforming Use. "Nonconforming use" means a use that does not comply with the regulations of the district in which it is situated. (1956 Code Sec. 1311.30)
(37) Office. "Office" means a building arranged, intended or designed to be occupied, in which the affairs of a business, professional person or branch of government are conducted. (Ord. 248-69. Passed 8-11-69.)
(38) Person. "Person" means an individual, partnership, corporation, club or association. (1956 Code Sec. 1311.31)
(39) Premises. "Premises" means lands and everything of a permanent nature which may be owned. (1956 Code Sec. 1311.32)
(40) Private Garage. "Private garage" means a building or portion of a building for the housing of motor vehicles as an accessory use permitted in a residence district and in which no occupation, business or service connected in any way with motor vehicles is carried on. (1956 Code Sec. 1311.33)
(41) Private Residence. "Private residence" means a place of usual or customary abode. (1956 Code Sec. 1311.34)
(42) Public Garage. "Public garage" means any building or portion of a building, other than a private garage, for the housing of commercial or noncommercial motor vehicles. (1956 Code Sec. 1311.35)
(43) Public Notice.
A. "Public notice" of a hearing or proceeding by Council means thirty (30) days' notice of the time and place thereof by publication in a daily newspaper of general circulation in the City. If an ordinance intends to re-zone or redistrict ten (10) or less parcels of land, as listed on the tax duplicate, the Clerk of Council, in addition to notice of such public hearing by publication, shall give written notice thereof by first-class mail, at least twenty (20) days before the date of the hearing, to the owners of property within, contiguous to and directly across any and all streets and alleys bordering such parcel or parcels to the addresses appearing on the County Auditor's current tax list or duplicate or on the County Treasurer's mailing list or to the address of the property. Failure to deliver such notice or any other technical error or irregularity shall not invalidate such an ordinance. During the thirty- (30-) day period between publication of the notice and the date of the public hearing, the text or a copy of the text of such ordinance, together with the maps, plans or copies thereof forming part of or referred to in such ordinance and the maps, plans and reports submitted by the Planning Commission, shall be on file for public examination in the Office of the Clerk of Council. (Ord. 179-76. Passed 11-22-76.)
B. "Public notice" of a hearing or proceeding by the Board of Adjustment means ten (10) days' notice of the time and place thereof by publication in a daily newspaper of general circulation in the City. If an application before the Board of Adjustment to vary the provisions of this Zoning Code, filed under the provisions of Section 1244.05, applies to ten (10) or less parcels of land, as listed on the tax duplicate, the secretary to the Board of Adjustment, in addition to notice of such public hearing by publication, shall give written notice thereof by certified or registered mail, at least ten (10) days before the date of the hearing, to the owners of property within, contiguous to and directly across any and all streets and alleys bordering such parcel or parcels to the addresses of such owners appearing on the County Auditor's current tax list or to the address of the property. Failure to deliver such notice or any other technical error or irregularity shall not invalidate any variance granted by the Board. (Ord. 66-63. Passed 4-15-63.)
(44) Rear of a Building, Rear Line of a Building and Rear Yard Line. "Rear of a building," "rear line of a building" and "rear yard line" mean, respectively, that portion, building line or yard line opposite to the front line of a building, whether or not affording service access to the building. (1956 Code Sec. 1311.37)
(45) Rear Yard. "Rear yard" means an open, unoccupied space on the same lot as a building between the rear line of the building and the rear line of the lot. (1956 Code Sec. 1311.38)
(46) Residence. "Residence" is the general term implying a place of human habitation and including single-family house, multifamily house and apartment house district classifications. (1956 Code Sec. 1311.39)
(47) Retail Filling Station. "Retail filling station" means a use involving the supply 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 are not in excess of two tank cars or a total capacity of thirty thousand (30,000) gallons. (1956 Code Sec. 1311.40)
(48) Row. "Row" means a group of connected residences separated by vertical division walls, each residence having its own front and rear yards and having appropriated to it the entire building between the division walls. (1956 Code Sec. 1311.41)
(49) Shall. "Shall" is always mandatory. (1956 Code Sec. 1311.42)
(50) Shop for Custom Work. "Shop for custom work" means a building in which an operation of assembly, alteration, repair, service or manufacture, upon order and at retail, is conducted. (1956 Code Sec. 1311.43)
(51) Side Yard. "Side yard" means an open, unoccupied space on the same lot as a building situated between the building and the side line of the lot and extending 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. (1956 Code Sec. 1311.44)
(52) Single-family House. "Single-family house" or "Single-family dwelling" means a separate and detached structure built or constructed together on-site, on a concrete slab or concrete foundation, and designed by a builder or manufacturer to be occupied by not more than one family, containing at least seven hundred (700) square feet of living space. This does include multi-sectional manufactured homes and modular homes. This does not include, but is not limited to, mobile homes, trailers, tents, campers, recreational vehicles, semi-trailers, intermodal shipping containers, barns of any construction style, pole barns, sheds, tiny homes, or any other structure that was designed for a main use other than a residential premises.
(53) Slaughterhouse. "Slaughterhouse" means a use or building arranged or devoted to the killing of animals other than poultry or game. (1956 Code Sec. 1311.46)
(54) Street. "Street" means a public way thirty (30) feet or more in width. (1956 Code Sec. 1311.47)
(55) Street Line. "Street line" means a lot line bordering a street, park or other public way, other than an alley line. (1956 Code Sec. 1311.48)
(56) Structural Alteration. "Structural alteration" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders. (1956 Code Sec. 1311.49)
(57) Trade. "Trade" means such commercial activities as are entailed in interchange, but does not include operations of manufacture. (1956 Code Sec. 1311.50)
(58) Use. "Use" means the application of premises or a building to a particular purpose. (1956 Code Sec. 1311.51)
(59) Yard Use. "Yard use" means the use of open-ground area by an operation or by storage. (1956 Code Sec. 1311.52)
(60) Zoning Code. "Zoning Code" means Title Four, of Part Twelve - the Planning and Zoning Code. (1956 Code Sec. 1311.53)
(Ord. 078-15. Passed 4-6-15; Ord. 190-17. Passed 8-21-17; Ord. 044-18. Passed 2-26-18; Ord. 202-18. Passed 9-10-18; Ord. 064-22. Passed 3-14-22; Ord. 015-24. Passed 1-24-24.)