(a) For the purposes of this Zoning Code, words used in the present tense shall include the future; the plural shall include the singular, and the singular shall include the plural; the word “shall” is intended to be mandatory; and the words “occupied” and “used” shall be considered as though followed by the words “or intended, arranged or designed to be occupied or used.”
(b) In addition:
(1) “Accessory use or structure” means a use or structure (such as a garage) incidental to the main use of the land or building. In buildings restricted to residence use, the office of a professional person and workshops not conducted for compensation shall be deemed accessory uses. In commercial, institutional and industrial areas, parking lots shall be deemed accessory uses.
(2) “Agriculture” means farming, dairying, pasturage, horticulture, viticulture, animal and poultry husbandry and the processing and sale of agricultural products.
(3) “Alteration” means any change in the external architectural features of any structure or building, visible from a public way or from adjoining property, in the downtown historic district.
(4) “Applicant” means any person, association, partnership or corporation or other similar entity who or that applies for permission to undertake any construction, erection, alteration, painting, signing or resigning, removal, moving or demolition.
(5) “Automotive and trailer sales” means an open area, other than a street, used for the display or sale of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed and sold on the premises.
(6) “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(7) “Automotive wrecking” means the dismantling or wrecking of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(8) “Basement” means a story partly or wholly underground. For purposes of height measurement, a basement shall be counted as a story where more than one-half of its height is above the average level of the adjoining ground.
(9) “Billboard” and “poster panel” mean any sign or advertisement used as an outdoor display for the purpose of making anything known, the origin or point of sale of which is remote from such display.
(10) “Board” means the Board of Zoning Appeals of the Municipality.
(11) “Boarding house” means a building or portion thereof, other than a hotel, where lodging and meals, for five or more persons, are provided for compensation.
(12) “Building” means a structure having a roof supported by columns or walls for the shelter, support or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate building.
(13) “Building front line” means the line of that face of the building nearest the front line of the lot. This face includes porches, decks and or concrete slabs whether enclosed or unenclosed, but does not include steps.
(14) “Building, height of” means the vertical distance measured from the adjoining curb grade to the highest point of the roof surface, of a flat roof, to the deckline of a mansard roof, and to the mean height level between eaves and ridges of a gable; hip or gambrel roof, provided that where buildings are set back from the street line, the height of the building shall be measured from the average elevation of the finished grade along the front of the building.
(15) “Building, principal or main” means a building in which is conducted the main or principal use of the lot on which such building is situated.
(16) “Building, unit group” means two or more buildings (other than dwellings) grouped upon a lot and held under one ownership, such as universities, hospitals and institutions.
(17) “Business classification” means the following:
A. “Central business” means a retail and service establishment which, in addition to the community residents’ and workers’ daily needs for convenience foods and services, also includes establishments offering comparative-type shopping facilities. Central businesses include, but are not limited to, antique shops, supermarkets and stores for the sale of drugs, hardware, appliances, furniture, apparel and footwear, business and personal services, professional services, offices and other similar or related activities which can be grouped by design into a unified shopping center.
B. “Highway business” means a commercial use requiring a location on a major thoroughfare and at its principal intersection. Highway uses include motels, gas stations, restaurants, drive-in establishments, auto and farm implement sales and services, building trades and services, commercial recreation and similar commercial activities.
C. “Local neighborhood business” means a retail or service establishment which caters to and can be located in close proximity to or within a residential district without creating undue vehicular congestion, excessive noise or other objectionable influence.
To prevent congestion, local retail or service uses include only those enterprises which normally employ fewer than ten persons. Permitted uses include antique shops, arts & crafts shops, drug stores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pick-up facilities, and hardware and grocery stores, if such uses contain less than 10,000 square feet of floor area. Other small businesses of an equally restricted and local nature may be permitted, based on the discretion of the Board of Zoning Appeals.
(18) “Business service” means any activity conducted for gain which renders service primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.
(19) “Clerk” means the Fiscal Officer of the Municipality.
(20) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
(21) “Club” means a building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(22) “Commercial entertainment facility” means building in which any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs and similar types of entertainment.
(23) “Commission” means the Planning Commission of the Municipality.
(24) “Conditional use (special exception)” means a use which is subject to conditional approval by the Board of Zoning Appeals. A conditional use may be granted by the Board only when there is a specified provision for such special exception made in this Zoning Code. A conditional use is not considered to be a nonconforming use.
(25) “Contractor” means any person, firm or corporation who enters into a written or oral contract or agreement as a primary or general contractor to supply goods, services and/or labor within the corporate limits of the Village. For the purpose of this Zoning Code contractors are, but not limited to: construction, cement, demolition, driveway-asphalt, electrical, excavating, general HVAC, insulation, landscaping/lawn maintenance, masonry, painting, plumbing, remodeling, roofing, siding, sign, snow removal, spouting, swimming pool and window. Individuals under the age of eighteen years who are engaged in work or providing services to others, i.e. lawn care, snow removal, etc., are exempt.
(26) “Council” means the Council of the Municipality.
(27) “Districts” and “zoning districts” means administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the Zoning District Map, also known as the Zoning Map, which is a part of this Zoning Code.
(28) “Drive-in” means any retail commercial uses providing considerable off-street parking and catering primarily to vehicular trade, such as drive-in restaurants, drive-in theaters and similar uses.
(29) “Dwelling” means a building or portion thereof designed exclusively for residential occupancy, including one-family, two-family and multiple-family dwellings, but not including hotels and boarding and rooming houses.
(30) “Dwelling, multiple-family” means a building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments and row houses.
(31) “Dwelling, row house” means a row of three to six attached, one-family dwellings, not more than two rooms deep.
(32) “Dwelling, single-family” means a building designed for, or occupied exclusively by, one family.
(33) “Dwelling, two-family” means a building designed exclusively for occupancy by two families living independently of each other, including a duplex (one dwelling unit above the other) or a semi-detached dwelling (one dwelling unit beside the other).
(34) “Dwelling unit” means one or more rooms in a dwelling or apartment hotel designed for occupancy by one family for living purposes and having cooking facilities.
(35) “Educational institution” means a college or university giving general academic instruction equivalent to the standards prescribed by the State Board of Education.
(36) “Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or 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 for the public health, safety or general welfare, but not including buildings.
(37) “Family” means one or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.
(38) “Farm vacation enterprises” means farms adapted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery and nature recreation area, hunting area, hunting preserve and watershed project.
(39) “Fences and other screens” means a structure for enclosing or screening.
(40) “Food processing” means the preparation or processing of food products. Examples of activities included are bakeries and dairies.
(41) “Forestry” means the growing and care of trees for commercial purposes, including the cutting and marketing of timber.
(42) “Frontage” means all the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line, 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.
(43) “Garage, private” means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles of the occupants of the premises, and wherein:
A. Not more than one commercial vehicle per dwelling unit is parked or stored; and
B. The commercial vehicles permitted do not exceed two tons capacity.
(44) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
(45) “Gas station” and “service station” mean any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles or replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(46) “Highway, major” means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(47) “Historic downtown district.” That area as set forth in Section 1160.01(b).
(48) “Historic landmark,” “land-mark” (land/mark) means:
A. A fixed object serving as a boundary mark to a tract of land.
B. A prominent or memorable object in the landscape, serving as a guide.
C. A distinguishing fact, event, etc., of a period.
D. A historic or architecturally important building, site-etc., preserved by law for posterity.
(49) “Home occupation” means an accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use, other than a small sign (not over four square feet in size), and in connection with which there is not involved the keeping of stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor in individual musical instruments, who offers skilled services to clients and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a home occupation. The occupation of beauty operator, with not more than one paid assistant, shall be deemed to be a home occupation. Tourist homes, real estate offices, convalescent homes, mortuary establishments, and stores, trades or businesses of any kind not herein excepted, shall not be deemed to be home occupations. Borderline cases shall be ruled on by the Board of Zoning Appeals.
(50) “Institution” means buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
(51) “Junk storage and sales (salvage operation)” means any lot, land or structure, or part thereof, used for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.
(52) “Kennel” means any lot or premises on which four or more dogs, more than four months of age, are kept.
(53) “Land Use Plan” means the long-range plan for the desirable use of land area as adopted by the Planning Commission, the purpose of such Plan being, among other purposes, to serve as a goal in future development and zoning for the Municipality.
(54) “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 or other appropriate means of access.
(55) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including one main building together with its accessory buildings, the open spaces and parking spaces required by this Zoning Code, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.
(56) “Lot area” means the total horizontal area within the lot lines of a lot.
(57) “Lot, corner” means a lot, or portion thereof, not greater than 100 feet in width and situated at the intersection of two or more streets, having an angle of intersection of not more than 135 degrees.
(58) “Lot coverage, percentage of” means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
(59) “Lot depth” means the horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.
(60) “Lot, minimum” area of means the area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
(61) “Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of the County.
(62) “Lot, through” means an interior lot having frontage on two or more streets.
(63) “Lot width” means the width of a lot at the building setback line measured at right angles to its depth. The width of lots fronting on a cul-de-sac shall be the cord distance between side lot lines for the curve coinciding with the required depth of the front yard.
(64) “Manufacturing” means any production or industrial process, which has ten or more full-time employees, including food processing, which combines one or more raw materials or components into a product, or which changes the nature of the materials entering the process.
(65) “Manufacturing, general” means any manufacturing or industrial production which, by the nature of the materials, equipment and process utilized, is not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted in an M-2 General Industrial District shall comply with the performance requirements of Section 1174.01.
(66) “Manufacturing, restricted” means any manufacturing or industrial production which, by the nature of the materials, equipment and process utilized, is, to a considerable measure, clean, quiet and free of any objectionable or hazardous element. Restricted manufacturing uses shall comply with the performance requirements of Section 1174.01 and shall include the industrial uses listed below and any other uses which are determined by the Board of Zoning Appeals to be of the same restricted character: drugs, sporting goods, processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment, research and testing laboratories, printing and engraving plants, bakeries or dairies.
(67) “Mineral extraction, storage and processing” means any mining, quarrying or processing of limestone, sand, gravel or other mineral resources.
(68) “Manufactured home, (double wide, mobile home, trailer)” are all the same for this purpose. A manufactured home is one that is constructed almost entirely in a factory. The home is built on a steel chassis and transported to the building site, where wheels may or may not be removed (depending on size) and in some cases two sides (double wide) are permanently connected for a finished home and each section has a HUD seal.
Manufactured home are not built to a local building code; instead they are built according to specialized guidelines, (Federal HUD regulations) for manufactured housing.
(69) “Mobile home park” means an area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in Section 1172.02.
(70) “More restrictive” means, in reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements, such as side yards, etc., or generally increasing the compatibility of a nonconforming use with the requirements of the district in which it is located.
(71) “Motor court” and “motel” mean a building or group of buildings used for the temporary residence of motorists or travelers.
(72) “Municipality” means the Municipality of Lisbon, Ohio.
(73) “Nonconforming use” means the use of land or a building, or portion thereof, which does not conform with the use regulations of the district in which it is situated.
(74) “Nursery,” “nursing home” and “institutional home” mean a home or institutional facility for the care of babies, children, pensioners or elderly people, except those for correctional or mental cases.
(75) “Off-street parking space” means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot, and where said parking space has an area of not less than 180 square feet, exclusive of access drives or aisles.
(76) “Owner” means the owner of record, and the term includes the plural as well as the singular.
(77) “Personal services” means any enterprise conducted for gain which primarily offers services to the general public, such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
(78) “Plant cultivation” means the cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses, but not including such plant cultivation as is conducted on residential properties for the primary benefit of the resident family.
(79) “Professional activity” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.
(80) “Public service facility” means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a Municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewerage services.
(81) “Public uses” means public parks, schools and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
(82) “Recreational facilities” means the following:
A. “Commercial recreational facilities” means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race tracks, carnivals, boat docks and launching ramps, fishing piers and similar commercial enterprises.
B. “Noncommercial recreational facilities” means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, routine clubs, golf courses, game preserves, ski slopes, hunting and trapping areas and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools. Noncommercial recreational facilities may be leased to outside groups or organizations, provided that the fee for such purposes is limited to incidental maintenance and custodial expenses.
(83) “Residential floor area” means the interior floor area of a dwelling, including stairways, halls and closets, but not including basements, porches, garages, breezeways or carports.
(84) “Rooming house” means a building or portion thereof, other than a hotel, where lodging is provided for compensation.
(85) “Sand and gravel extraction” means the excavation, storage, separation, cleaning and marketing of sand and gravel.
(86) “Seasonal residence” means summer cottages, winter lodges and similar housing occupied less than six months during a year.
(87) “Semipublic uses” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(88) “Setback line” means a line established by zoning, platting or other legal means on a lot, a specified distance from and parallel to the lot line, to restrict the encroachment of buildings on the lot line.
(89) “Sewage disposal system, group” means an approved sewage disposal system which provides for the combined collection and disposal of sewage from a group of residential, commercial or industrial buildings.
(90) “Sewage disposal system, on-site” means a septic tank installation on an individual lot which utilizes an aerobic bacteriological process for the elimination of solid wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(91) “Sign, advertising” means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
(92) “Sign, billboard” means any sign situated on private premises with an area greater than 100 square feet on which the written or pictorial information is not directly related to the principal use of the land on which such sign is located.
(93) “Sign, business” means a sign which directs attention to a business or profession conducted on the premises. A “For Sale” sign or “For Rent” sign relating to the property on which it is displayed shall be deemed a business sign.
(94) “Social activity” means any building and land used for private or semiprivate club activities, including lodges, fraternities and similar activities.
(95) “Solicitor” means the Solicitor of the Municipality.
(96) “Specialized animal raising and care” means the use of land and buildings for the raising and care of fur-bearing animals, such as rabbits and domestic pets, the stabling and care of horses, animal kennels, pigeon raising and the raising of any other domestic animals or birds of a similar nature.
(97) “Story” means that portion of a building, other than a cellar, included 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. A basement shall be counted as a story if it is used for living quarters or if two-thirds of its volume is above the average level of the adjacent ground.
(98) “Street line” and “right-of-way-line” mean a dividing line between a lot, tract or parcel of land and a contiguous street.
(99) “Structural alteration” means any change to a supporting member of a structure, such as bearing walls, columns, beams or girders.
(100) “Structure” means anything constructed or erected other than a building, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards and backstops for tennis courts.
(101) “Sub-contractor” means any person, firm, or corporation, assuming by secondary contract or agreement, some or all other the obligations of the primary or general contractor.
(102) “Tourist camp” means land used or intended to be used by campers or for trailers, tents or movable dwellings. Two or more trailers, whether parked or supported by foundations, shall constitute a tourist camp.
(103) “Tourist home” means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than ten individuals and open to transient guests.
(104) “Trailer, small utility” means any trailer drawn by passenger automobile used for the occasional transport of personal effects.
(105) “Use” means the purpose for which land or a building is arranged, designed or intended, or for which either land or a building is or may be occupied or maintained.
(106) “Variance” means a relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship.
(107) “Waste disposal” means a disposition of garbage and combustible and noncombustible waste material.
(108) “Yard” means an open space at grade between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Zoning Code. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(109) “Yard, front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of- way and the main building or any projection thereof, other than the projection of the usual uncovered steps, uncovered balconies or uncovered porches. On corner lots, the front yard shall be determined by the property’s actual legal address.
(110) “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projection of uncovered steps or unenclosed porches.
(111) “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building or any projections thereto.
(112) “Zoning certificate” means the document issued by the Zoning Inspector authorizing the use of the land or buildings.
(113) “Zoning District Map” means the Zoning District Map or Maps of the Municipality, together with all amendments thereto subsequently adopted.
(114) “Zoning Inspector” means the Zoning Inspector or his or her authorized representative appointed by Council.
(Ord. 1466. Passed 4-11-94; Am. Ord. 1560. Passed 1-28-98; Am. Ord. 1905. Passed 12-13-11.)