(a) Unless the context otherwise requires, the following definitions shall be used in interpretations and construction of the Zoning Ordinance. Words used in the singular number shall include the plural and the plural the singular; the word "structure" shall include the word "building"; the word "used" shall include "arranged", "designed", "constructed", "altered", "converted", "rented", "leased", or "intended to be used"; and the word "shall" is mandatory and not optional.
(1) "Agriculture" includes agriculture, farming, dairying, pasturage, apiculture, nurseries, horticulture, floriculture, viticulture, and animal and poultry husbandry.
(2) “Agricultural building” means buildings or structures which are incident to the use for agricultural purposes of the land on which said building or structures are located, provided such buildings or structures are not used in the business of retail trade; for the purposes of this section, a building or structure is not considered used in the business of retail trade if fifty percent or more of the gross income received from the sales of projects in the building or structure by the owner or operator is from sales of projects produced or raised in a normal crop year on farms owned or operated by the seller.
(3) "Area, building" means the total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of terraces and steps. All dimensions shall be measured between the exterior faces of walls.
(4) "Area, land" means when referring to the required area per dwelling unit, "net land area", the area exclusive of streets and other public open space.
(5) “Basement”: See Foundation.
(6) "Building, principal" means 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.
(7) "Building, accessory" means a building, the use of which is customarily incidental to that of a principal building and which is located on the same lot as that occupied by the principal building.
(8) "Building, alteration" means any addition to a building, a change or rearrangement in the structural parts or exit facilities, or any change in the use from one district classification to another, or removal of building from one location to another.
(9) "Building or structure; legally nonconforming" means an established building lawfully existing prior to and at the time of the adoption of the Zoning Ordinance which, because of its inherent nature of construction, does not conform to and with the provisions of the Zoning Ordinance for the district in which it is located.
(10) "Building height" means the vertical distance measured from the average elevation of the finished lot grade at the front of the building to the highest point of the roof (ridge line).
(11) "Building line, front" means 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 the Zoning Ordinance shall hold.
(12) "Cemetery" means land used or intended to be used for the burial of human beings and dedicated for cemetery purposes, including columbariums, mausoleums and mortuaries when operated with and within the boundary of such cemetery.
(13) "Clubhouse" means a building to house a club or social organization not conducted for profit and which is not an adjunct to or operated by or in connection with a public tavern, cafe or other public place.
(14) "Coverage" means that percentage of the lots covered by the building area.
(15) "Customary home occupation" means any personal service customarily conducted entirely within the principal structure of a single dwelling unit and carried out by the inhabitants thereof, which use is incidental and secondary to the use of the principal structure and does not change the character thereof.
(16) "Driveway" means land situated on a lot used or intended to be used to provide access to it by vehicular traffic.
(17) "Dump" means land used for the disposal by abandonment, dumping, burial, burning or any other means, and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
(18) "Dwelling unit" means space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(19) "Dwelling, single-family" means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.
(20) "Dwelling, two-family" means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances.
(21) "Dwelling, multi-family" means a building consisting of three or more dwelling units including condominiums, garden apartments and town houses with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
(22) "Future land use plan" means a plan, or any portion thereof, adopted by the Planning Commission and/or Council showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major street, parks, schools, community facilities and proposed zoning districts for future development. This plan establishes the goals, objectives and policies of the community.
(23) "Essential public services" means the erection, construction, alteration or maintenance by public utilities, or Village or other governmental agencies of underground, or overhead gas, electrical, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or Village or other governmental agencies or for the public health or safety or general welfare.
(24) “Factory-built housing” means a factory-built structure designed for long- term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. Factory-built housing has the following features or characteristics: It is mass produced in a factory; designed and constructed for transportation to a site with or without a chassis for installation and use when connected to required utilities; either an independent, individual factory erected building or module with two or more sides assembled at the factory, for combination with other elements to form a building on the site. Factory-built housing shall include “manufactured home”, “modular home”, “sectional home”, “mobile home”, “mobile home, double-wide or triple-wide”, “mobile home, expandable”.
(25) “Foundation.” Pursuant to Chapters 1102 and 1121 entitled “Definitions”, each dwelling unit as described in the R-1, R-2 and R-3 Residential Districts shall be built upon a full basement. The full basement will comprise the foundation which shall be defined as the structure transmitting the load of the superstructure to the supporting soil or rock in such a way as to prevent the settling or slippage of the structure. The foundation will consist of a concrete footer, poured concrete and/or concrete block walls, a concrete slab between walls on interior of structure, and drainage pipe inside and outside perimeter of the dwelling unit all of which shall adhere to the Trumbull County Building Department Codes.
(26) "Garage, private" means a garage not conducted as a business or used for the storage space for more than one commercial vehicle which shall be owned by a person residing on the premises.
(27) "Kennel" means any establishment including cages, dog runs, and structures wherein more than three dogs which are over six months of age are harbored, bred or boarded for compensation.
(28) "Lot" means a piece, parcel or plot of land occupied or designed to be occupied by a principal building and its accessory building or buildings and including yards and other open spaces required by this Zoning Ordinance. In the case of public, institutional, commercial or industrial buildings, a group of buildings, may occupy the same lot.
(29) "Lot, corner" means a lot which has an interior angle of less than 135 degrees at the intersection of two street lot lines. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at points beginning within the lot or at the points of intersection of the side lot lines with the street line intersect at an interior angle of less than 135 degrees.
(30) "Lot, depth" means the horizontal distance from the center line of the road right of way to its opposite rear line measured along the median between the two side lot lines.
(31) "Lot, interior" means a lot other than a corner lot.
(32) "Lot lines" means the lines that bound a lot as described herein.
(33) "Lot, nonconforming" means any district lot lawfully existing at the effective date of this Zoning Ordinance or any subsequent amendment thereto, which is not in accordance with all provisions of this Zoning Ordinance.
(34) "Lot of record" means any lot which has been established as such by plat, survey, record or deed prior to the date of this enactment as shown on the records of the Trumbull County Recorder's Office.
(35) "Lot, through" means an interior lot having frontage in two parallel or approximately parallel streets.
(36) "Lot, width" means the distance between the side lot lines measured in a straight line at right angles to the mean direction of such side lot lines which line of measurement shall touch, but not be in front of the street line (road right of way) required by this Zoning Ordinance. The lot width shall be on a public road. In the case of a corner lot, the minimum width shall be similarly measured and, for the purpose of this measurement only, the front line which has the least dimension shall be considered to be the front lot line and the lot lines adjacent thereto shall be considered to be the side lot lines.
(37) “Manufactured home” means any non-self-propelled vehicle transportable in one or more sections and which is built on a permanent chassis and designed to be used as a permanent dwelling unit with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which bear a label certifying that it is built in compliance with the Federal Manufacturing Housing Construction and Safety Standards.
(38) "Mobile home" means any portable vehicle which is designed to be transported on its own wheels or those of another vehicle; which is used, designed to be used and capable of being used as a detached single family residence; and which is intended to be occupied as a permanent living quarters containing sleeping accommodations, a flush toilet, a tub and shower, kitchen facilities and plumbing and electrical connections for attachment to outside systems.
(39) “Mobile home, double-wide or triple wide” means a mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
(40) “Mobile home, expandable” means a mobile home with one or more room sections that fold, collapse or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
(41) "Mobile home park" means any parcel of land which is planned and improved for the placement of mobile homes which are used as dwellings and for occupancy, together with necessary improvements and facilities upon the land.
(42) “Modular home” means a factory fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees and other prefabricated sub-elements which are to be incorporated into a structure at the site.
(43) "Nursing home" means a home or facility for the care and treatment of babies, children, pensioners or elderly people. A Board of Health permit is required.
(44) "Open space" means any unoccupied space open to the sky required by the terms of this Zoning Ordinance.
(45) "Parking space" means for the purpose of computing the number of parking spaces available in a given area, the ratio of 200 square feet per parking space shall be used.
(46) "Quarry, sand pit, gravel pit, top soil stripping" means a lot of land or part thereof used for the purpose of extracting stone, sand, gravel or top soil for sale, as an industrial operation, and exclusive of the process of grading preparatory to the construction of a building for which a building permit has been issued, or highway construction.
(47) "Riding academy" means any establishment where horses are kept for riding, driving or stabling for compensation or incidental to the operation of any club, association, ranch or similar establishment.
(48) "Roadside stand" means a stall or booth which shall be limited to the retail sale of farm products, primarily raised on the premises.
(49) “Sectional home” means a dwelling made of two or more modular units transported to the homesite, put on a foundation and joined to make a single dwelling.
(50) "Sign" means any structure or part thereof, attached thereto, or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation, but not including the flag, pennant or insignia of any nation, state, city or other political unit, or of any political, educational, charitable, philanthropic, civic, professional, religious or like organization on the property thereof. For purpose of measurement, measurement shall commence from outside of frame to outside of frame.
(51) "Sign, business" means a sign which directs attention to a business, profession, or industry located on the premises where the sign is displayed, to the type of products sold, manufactured or assembled, and/or to service or entertainment offered on such premises.
(52) "Sign, farm products" means a sign advertising the sale of farm products raised on the premises.
(53) "Sign, identification" means a sign used to identify the individual or organization occupying the premises or the name of the building or structure in connection with which the sign is displayed.
(54) “Sign, political” are signs advertising the candidacy of a person seeking public office and/or issues that are to be voted upon by the public.
(55) "Sign, real estate" means a sign advertising property on which it is located, or a building thereon, for sale, rent or lease.
(56) "Special use" means a use which, because of its unique characteristics, requires individual consideration in each case by the Zoning Board of Appeals, before it may be permitted in the district enumerated in this Zoning Ordinance.
(57) "Stable, public" means a building in which horses are kept for remuneration, hire or sale.
(58) "Storage, open" means land used for the keeping of goods, wares or supplies on land outside of any building or structure.
(59) "Story" means that part of a building included between any floor, other than a cellar floor, and floor or roof next above.
(60) "Street" means any public way not less than sixty feet right-of-way (twenty-four feet paved) width, which is dedicated and accepted for public travel.
(61) "Street line" means right-of-way line.
(62) "Structure" means anything erected, constructed or reconstructed on a foundation, posts, piles, blocks, skids, sills or any other support, whether such foundation, posts, piles, blocks, skids, sills or other support is or is not permanently located or attached to the soil.
(63) "Structure, alteration of" means any addition to a structure, a change or rearrangement in the structural parts, or any change in use from district classification to another, or removal of a structure from one location to another.
(64) "Swimming pool" means any body of water excluding natural bodies of water such as ponds and those fed by rivers, streams, brooks or springs, or receptacle for swimming or bathing, and constructed, installed or maintained in or on the ground outside any building.
(65) "Trailer" means any portable vehicle which is designed to be transported on its own wheels; which is designed and intended to be used for temporary living quarters for travel, recreation or vacation purposes; and which may or may not include one or all of the accommodations and facilities intended in a mobile home.
(66) "Use" means 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.
(67) "Use, accessory" means a use which is customarily incidental to and subordinate to the principal use of a premises, building or structure and located on the same premises as the principal use, building or structure.
(68) "Use, nonconforming" means an established use of a building or structure or use of land lawfully existing prior to and at the time of the adoption or amendment of this Zoning Ordinance that does not conform with the permitted use provisions of this Zoning Ordinance as they apply to the district in which the building, structure or land is located.
(69) "Yard" means an unoccupied space open to the sky on the same lot with a building or structure.
(70) "Yard, front" means an open space extending across the entire width of the lot between the front building line facing on a dedicated street or road right-of-way line.
(71) "Yard, rear" means an open space extending across the entire width of the lot between the rear building line and the rear lot line of the lot specified for the zoning district in which the lot is situated.
(72) "Yard, side" means an open, unobstructed space on the same lot with a principal building between the principal building and side line of the lot and extending through the front yard to the rear yard.
(73) "Zoning Board of Appeals" means the Zoning Board of Appeals of Lordstown for the purpose of addressing appeals, variances, special use permits and other matters and questions before the Board.
(74) "Zoning Administrator" means the administrative officer charged with the duty of enforcing the provisions of this Zoning Ordinance.
(75) "Zoning permit" means a document issued by the Zoning Administrator authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(76) "Zoning Ordinance" means Titles Three, Five and Seven of this Part Eleven - Planning and Zoning Code.
(Ord. 56-2009. Passed 5-18-09.)