1133.02 DEFINITIONS.
(1) "Accessory use" or "accessory structure" means a subordinate use or structure constructed or installed on, above or below the surface of a parcel, which is located on the same lot as the main use or main building and which is clearly incidental to and customarily found in connection with a main building or use, and is subordinate to and serves a main building or a main use and is subordinate in area to the main building or main use served. Among other things, "accessory structures" includes cabanas, gazebos, porches, decks.
(Ord. 89-1990. Passed 8-23-90.)
(2) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory use for packing, treating or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. A use shall be classified as agricultural only if it is the principal or main use of the land.
(3) "Building area" means the aggregate of the maximum horizontal cross section area of a building on a lot, excluding cornices, eaves, gutters, one story open porch, balconies and terraces. (Ord. 41-62. Passed 7-31-62.)
(4) Building; structure.
A. "Building" means any structure other than a camp car or trailer or other car on or off wheels that is safe and stable, completely enclosed with a roof, supported by or suspended from columns or walls and which is designed, built or occupied as a shelter or enclosure for persons, animals or property. "Building" shall be construed under the Zoning Ordinance as if followed by the words "or parts thereof".
(Ord. 89-1990. Passed 8-23-90.)
B. "Structure" means anything built or erected, including among other things, building, stadia, reviewing stands, bandstands, bleachers, booths, swimming pools, platforms, towers, bridges, trestles, sheds, bins, poles, tents, tanks above or below ground and signs; and also means the supporting framework or parts of a building. "Structure" shall be construed as if followed by "or parts thereof".
(Ord. 65-1997. Passed 9-11-97.)
C. "Main building" means the building or space occupied by the chief use or activity on the premises.
D. "Accessory building" means a subordinate building detached from, but located on the same lot as the main building, the use of which is incidental and accessory to that of the main building or use. An accessory building shall only be constructed if a main use is previously on the site or being constructed simultaneously with the accessory use.
(Ord. 89-1990. Passed 8-23-90.)
(5) "District" means a section or sections of the unincorporated territory of the Municipality for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(Ord. 41-62. Passed 7-31-62.)
(6) "Dwelling" means a building, or a portion thereof, above the ground, other than a camp car, trailer or other car on or off wheels designed for and to be occupied more or less permanently by a single family.
A. "Single-family dwelling" means a detached dwelling designed for and to be occupied more or less permanently by no more than one family.
B. "Two-family dwelling" means building with two dwelling units arranged, intended or designed for and to be occupied more or less permanently by no more than two families living independently of each other.
C. "Multi-family dwelling" means a building arranged, intended or designed for and to be occupied more or less permanently by more than two families living independently of each other and having facilities for cooking within each unit.
1. "Garden apartment building" means a building which is constructed for occupancy by three or more families where one or more of the dwelling units are above the first or ground floor and in which the dwelling units are, or may be, serviced by common heating or plumbing systems and/or in which the dwelling units may be rented, or sold as condominium units pursuant to the laws of the State governing condominiums, and which may have a common entranceway serving each dwelling unit therein.
2. "Attached single-family dwellings or townhouses" means single- family dwelling units which are physically attached one to another by common or adjoining vertical walls, have two individual entranceways at the ground level, have individual heating and plumbing systems and are, or may be, individually owned, rented or sold as condominiums.
(Ord. 3-1989. Passed 7-7 89.)
(7) "Family" means one or more persons occupying a dwelling and living as a single non-profit housekeeping unit, as distinguished from a group occupying a boarding, lodging or tourist house, sorority or fraternity house or a hotel.
(8) "Frontage" means all the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
(Ord. 41-62. Passed 7-31-62.)
(9) Garage, private; storage or repair.
A. "Private garage" means a detached accessory building or portion of a main building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.
B. "Storage or repair garage" means a building or space other than a private garage for the storage or repair of motor vehicles with or without ordinary maintenance service and within which filling station service and/or sale of accessories is permitted.
(Ord. 89-1990. Passed 8-23-90.)
(10) "Gasoline service station" means a building or part of a building or structure or space used for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs not accompanied by objectionable noise, fumes or odor.
(11) Grade.
A. "Established street grade" means the roadway elevation established by construction or usage measured at the roadway center line in front of the lot.
B. "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building or structure. "Finished grade" means the elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet, of the foundation wall.
(Ord. 41-62. Passed 7-31-62.)
(12) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and is conducted without any significant adverse effect upon the surrounding neighborhood. For the purposes of this Zoning Ordinance, a residential office of a professional shall be considered a home occupation.
(Ord. 121-1990. Passed 3-14-91.)
(13) Hotel; motel; boarding; lodging; or tourist home.
A. "Hotel" means a building, established for the purpose of providing temporary accommodations for travelers containing rooms for overnight guests which may in addition provide restaurant facilities and other provisions for recreation and entertainment without provisions for cooking in any guest room or suite of rooms.
B. "Motel" means a roadside hotel having direct and convenient access to highways.
C. "Efficiency hotel" or "efficiency motel" means a hotel or motel which provides kitchen facilities within the rooms which do not exceed twenty- five percent (25%) of its individual living units.
D. "Boarding", "lodging" or "tourist house" means a dwelling other than a hotel or motel, where sleeping accommodations are provided for compensation, to more than two persons other than the family permanently occupying such house as its residence, which may in addition provide meals to its guests for compensation and the guests may be transients or residing for indefinite periods.
(Ord. 30-1968. Passed 5-2-68.)
(14) Height of a building; height of a structure.
A. "Height of a building" means the vertical distance to the highest point of the coping of the street wall in the case of a flat roof, and to the mean height between eaves and ridge, in the case of a pitched roof, measured from the "finished grade".
B. "Height of a structure" other than a building, is the vertical distance to the highest point of the structure measured from the "established street grade" if the structure is located in front of the setback building line, and from the "finished grade" if located on or back of the setback building line. (Ord. 41-1962. Passed 7-31-62.)
(15) "Junk yards and salvage pool yards" means parcels of land upon which used machinery or parts thereof, wrecked, disabled or dismantled motor vehicles or parts thereof, rags, paper, or other used or salvaged materials are stored or dumped or held for sale or exchange. (Ord. 53-65. Passed 10-7-65.)
(16) Lot; lot lines.
A. "Lot" means a parcel of land occupied, or intended to be occupied, by a main building or use or by a group of buildings united by a common interest or use, together with accessory uses and the open space belonging to the same. With the exception of lots which may be provided within multiple family or planned unit developments, all lots shall have frontage on a street or road.
(Ord. 69-1990. Passed 7-19-90.)
B. "Corner lot" means a lot abutting on two streets or roads at their intersection where the angle of the intersection is not more than 135 degrees.
C. "Interior lot" means a lot other than a corner lot.
D. "Front lot line" means the street or road line of the lot in the case of an interior lot, and that street or road line designated by the owner as the front line in the case of a corner lot.
E. "Rear lot lines" means the lot line opposite the front lot line.
F. "Side lot line" means a lot line other than a front or rear lot line.
G. "Depth of a lot" means the distance from the front lot line to the middle of the rear lot line measured in the mean direction of the side lot line.
H. "Width of a lot" means the mean width measured at right angles to the depth.
(17) "Nonconforming use" means the use of land or of a building or structure which
does not conform to the use regulations of the District in which it is situated.
(18) "Parking lot" means an open lot or plot of ground used by the public, with or without a consideration, for standing or parking motor vehicles, no part of which is a public street. (Ord. 41-62. Passed 7-31-62.)
(19) "Residential professional offices" means the residential office of a practitioner of a recognized profession. Such office shall be considered a home occupation.
(Ord. 121-1990. Passed 3-14-91.)
(20) "Roadside stand" means a removable structure used or intended to be used solely by the owner or inhabitant of the property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the setback building line of the property at the conclusion of the seasonal sale. During seasonal sales such structure shall not be placed nearer than ten feet from the front line and shall not be located as to cause congestion on the highway.
(21) Story; half-story.
A. "Story" means the portion of a building included between the surface of a floor and the surface of the floor next above it. If there be no floor above it, then the space between the floor and the ceiling next above it.
B. "Basement" or "cellar" construction shall not be deemed to be a story or half-story.
(22) "Street" means all property dedicated or intended for public or private easements therefor.
(Ord. 41-62. Passed 7-31-62.)
(23) Street or road lines; setback building lines.
A. "Street or road line" means the lot line dividing a lot from the street.
B. "Setback building line" means the imaginary line measured from the right-of-way line of a street or highway between which line and the street or road line, no building or structure or portion thereof may be erected above the "finished grade" except as herein provided.
C. The setback building line may be measured from the centerline of a road, street, or highway, when specifically provided in any particular section of the Zoning Ordinance, but when not so provided, shall be measured from the closest right-of-way line of the road, street or highway involved.
(Ord. 22-1973. Passed 4-26-73.)
(24) "Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical contents of a building.
(25) "Trailer camp" means a tract or parcel of land open to the public without charge or for a consideration upon which one or more camp cottages or space providing temporary accommodations or parking space for one or more automobile trailers, tents or house cars for human habitation is provided.
(26) "Council" means the Council of the Municipality of Macedonia.
(Ord. 41-1962. Passed 7-31-62.)
(27) Yard.
A. "Yard" means a space other than a court on the same lot with the main building, and extending from the lot line to the nearest wall of the main building, unobstructed from the ground to the sky, except as otherwise provided herein.
B. "Front yard" means the yard across the full width of the lot extending from the main building to the street or lot line. For the purposes of Section 1171.16, Fence Regulations, a corner lot shall be considered to have two front yards; one such front yard for each of the yards abutting an adjacent street.
C. "Side yard" means the yard between the main building and the side lot line and extending from the front yard to the rear yard.
D. "Rear yard" means the yard across the full width of the lot between the rear line of the main building and the rear lot line. The depth of the rear yard is the mean distance between those two lines.
(Ord. 25-1987. Passed 8-13-87.)
(28) "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Summit County, or a parcel of land, the deed to which was on record on or prior to the effective date of the Zoning Ordinance.
(29) "Rubbish dumps" means premises upon which inorganic or organic refuse is dumped for convenience and ultimate disposal by the elements.
(30) "Commercial recreation park" means a privately owned area, designed and intended for public use or use by members of various organizations on such terms as the owners of such park may deem wise.
(31) "Playing field" means any privately owned area set aside for games or athletic activities and includes necessary space for spectators.
(32) "Public right of way" shall be construed as if followed by the words "whether such right of way is by easement or by grant."
(Ord. 41-1962. Passed 7-31-62.)
(33) "Joint Development" means a development proposal by two or more contiguous property owners which is intended as a single development by virtue of the arrangement of buildings and/or the consolidation or combined development of required off-street parking, circulation systems, site access or landscaping.
(Ord. 13-1985. Passed 3-28-85.)