(a) Usage generally:
(1) The present tense shall include the future tense.
(2) The singular includes the plural.
(3) The word “person” includes a corporation as well as an individual.
(4) The word “lot” includes the word “plot” or “parcel”.
(5) The term “shall” is always mandatory.
(6) The word “used” or “occupied” as applied to any land or building shall be construed to include the words “intended, arranged or designed to be used or occupied”.
(b) Accessory use or accessory:
(1) “Accessory use”:
A. Means a use conducted on the same zoning lot as the principal use to which it is related (whether located within the same or an accessory building or structure, or as an accessory use of land), except that, where specifically provided in the applicable district regulations, accessory off-street parking or loading need not be located on the same zoning lot; and
B. Means a use which is clearly incidental to, and customarily found in connection with, such principal use; and
C. Means either in the same ownership as such principal use, or operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
(2) When “accessory” is used in the text, it has the same meaning as accessory use.
(c) “Apartment” means a room or group of rooms in an apartment house designed for and occupied exclusively as a residence for only one family or group of persons living together as a unit.
(d) “Apartment house” means a building designed for and occupied exclusively for three or more families, or groups of persons living together as a unit, and living independently of one another.
(e) “Automotive service station” means a building or other structure or a tract of land used exclusively for the storage and sale of gasoline or other motor fuels and for any uses accessory thereto. The sale of lubricants, accessories or supplies, the lubrication of motor vehicles, the minor adjustment or repair of motor vehicles or the occasional washing of motor vehicles are permitted accessory uses.
A public parking lot or public parking garage is not a permitted accessory use. In regard to the location of service station equipment, a pump, light stand, air tower, water outlet or similar installation may be placed within the required front yard, but no closer to the curb line that fifteen feet.
(f) “Block” mean a tract of land bounded by:
(1) Streets;
(2) Public parks;
(3) Railroad rights of way, when located at or above ground level, but not including sidings or spurs in the same ownership as the zoning lot;
(4) Shore lines, or
(5) Corporate boundary lines of the City.
(g) “Boarding or rooming house” means a dwelling, not a single-family or multiple family dwelling, apartment house or a hotel, providing lodging with or without meals, and having lodging accommodations for less than ten guests.
(h) “Buffer area” means a strip of land in a nonresidential district at the point where the nonresidential district touches a residential district.
(i) Building:
(1) “Detached building” means a building which has no party wall.
(2) “Semidetached building” means a building which has only one party wall in common with another building.
(3) “Attached building” means a building which has two party walls in common with adjacent buildings.
(j) “Building area” means that area of any lot excluding the required yard areas.
(k) “Building height” means a building’s vertical measurements from the mean level of the ground abutting the building to a point midway between the highest and lowest points of the roof, excluding chimneys, spires, towers, elevator penthouses, tanks, flagpoles, aerials, stacks, beacons and similar projections of the building, but in no case shall any projection above the measured height of the building exceed eighty-five feet.
(l) “Building line” means a line parallel to the right-of-way line at a distance therefrom equal to the depth of the front yard required for the district in which the lot is located.
(m) “Curb line” means a line, sometimes containing a raised concrete structure, located on either edge of the roadway but within the right-of-way line.
(n) “Dwelling unit” means one or more rooms in a residential building or residential portion of a building, which are arranged, designed, used or intended for use by one or more persons living together as a unit and maintaining a common household, and which include lawful cooking space and lawful sanitary facilities reserved for the occupants thereof.
(Ord. 81(66-67). Passed 12-15-66.)
(Ord. 81(66-67). Passed 12-15-66.)
(1) “Single family dwelling” means a building, including modular homes as defined in subsection (u)(2) hereof, on a lot designed and occupied exclusively as a dwelling unit for one family.
(Ord. 156 (98-99). Passed 1-7-99.)
(2) “Two family dwelling” means a building on a lot designed and occupied exclusively as a dwelling unit for two families living independently.
(3) “Twin dwelling” means a semi-detached building on a lot designed for and occupied exclusively as a dwelling unit for only one family and having a party wall in common with an adjacent single-family dwelling unit.
(4) “Multiple family dwelling” means a building on a lot designed and used exclusively as a dwelling unit for three or more families living independently.
(Ord. 81(66-67). Passed 12-15-66.)
(5) “Single-family” means one or more persons occupying a dwelling unit as a functional unit. A functional unit is either a family, one or more persons related to each other by blood, adoption, or marriage; or two or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption, or marriage. Persons occupying a boarding house, hotel, lodging house, group rental dwelling, or fraternity or sorority house, do not constitute a functional unit. In determining whether a group of unrelated persons is a functional unit under the definition set forth above, the City Engineer shall apply the factors set forth below:
A. The following factors shall be prima facie evidence that the group of persons living together constitutes a functional unit:
1. The same group of persons, or a majority of them, has resided together at a different location for a period of at least six months or at the present location for at least twelve months; and
2. One or two members of the group have executed the lease for the entire premises, including the entire rental obligation, and there are no sublease, hold harmless or other written arrangements to pro-rate the rent or recover the rent from other members of the group.
B. The following shall be prima facie evidence that the group of persons does not constitute a functional unit:
1. Individual members of the group have entered into separate leases for the same premises, or parts thereof, with the obligation under each lease constituting only a portion of the total periodic rent payment due to the landlord for occupancy of the premises; and
2. The premises are furnished with key-operated locks on individual rooms or with other means through which one member of the group may prevent other members of the group from entering her or his room or portion of the premises when she or he is not physically present (deadbolts, chains or other locking devices operated only from inside the room shall not be considered as evidence of the status of the group).
C. The following additional factors shall be considered, to the extent known or applicable, in determining whether the group of persons constitutes a functional unit:
1. Voter registration by a majority of the eligible members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. Voter registration listing other addresses by a majority of the adult members of the group, or by a majority of those actually registered to vote shall be considered evidence negating the proposition that the group is a functional unit.
2. Drivers’ licenses held by a majority of the adult members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. Drivers’ licenses listing other addresses by a majority of the adult members of the group, or by a majority of those actually holding such licenses shall be considered evidence negating the proposition that the group is a functional unit.
3. The registration of motor vehicles regularly found at the dwelling listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. The regular presence at the dwelling of one or more motor vehicles belonging to members of the group and registered at one or more other addresses shall be considered evidence negating the proposition that the group is a functional unit.
4. The filing of tax returns by a majority of the members of the group listing the address of the group’s dwelling shall be considered evidence in support of the proposition that the group is a functional unit. The filing of tax returns listing other addresses by members of the group shall be considered evidence negating the proposition that the group is a functional unit. Evidence that one or more individuals are claimed as dependents on the income tax return of individuals not resident in the functional unit shall be considered evidence that the group is not a functional unit.
5. The presence of minor dependent children regularly residing in the dwelling unit and enrolled in local schools with one or more members of the group acting in the role of parents (and primary care-givers) shall be considered a factor tending to support the proposition that the group is a functional unit.
6. Evidence that different residents of the dwelling unit are away during the summer and that they have several as opposed to a single summer address shall be considered evidence negating the proposition that the group is a functional unit.
7. Evidence of common acquisition and ownership of furniture and appliances shall be considered evidence in support of the proposition that the group is a functional unit.
8. Full-time employment of some members of the group in the general community shall be considered evidence in support of the proposition that the group is a functional unit.
9. Evidence that groceries are purchased and meals regularly prepared for the group as a whole shall be considered evidence in support of the proposition that the group is a functional unit. For purposes of this factor, weekly joint purchases of groceries and the preparation and sharing of at least seven meals per week shall be considered “regularly prepared.”
(Ord. 176(06-07). Passed 5-17-07.)
(o) Garage:
(1) “Private garage” means a building accessory to a single-family, two-family, twin or multiple family dwelling for the storage of motor vehicles owned and used by the owner or tenant of the lot on which it is erected.
(2) “Public garage” means a building used for the storage of more than four motor vehicles. Repairing and servicing of vehicles may be carried on in conjunction with the primary function of vehicular storage.
(Ord. 81 (66-67). Passed 12-15-66.)
(3) “Mini-storage garages” means a single-story structure having multiple enclosed storage areas, not exceeding 500 square feet each, for the storage of nonhazardous materials.
(Ord. 225 (88-89). Passed 7-6-89.)
(Ord. 225 (88-89). Passed 7-6-89.)
(p) “Golf course” means an organized area developed in general conformance to professional golf association standards.
(q) Home occupation:
(1) “Home occupation” means an accessory use which:
A. Is clearly incidental to or secondary to the residential use of a dwelling unit or rooming unit; and
B. Is carried on within a dwelling unit, rooming unit or accessory building unit, except that, only one person not residing in such dwelling unit or rooming unit may be employed; and
(Ord. 81(66-67). Passed 12-15-66.)
C. Occupies not more than twenty-five percent of the total floor area of such dwelling unit or rooming unit and in no event more than 500 square feet of floor area, except that in an instance where the home occupation-is a bed and breakfast accommodation, the Planning Commission shall be and is hereby given the full and complete authority to determine whether or not a bed and breakfast accommodation may exceed the square foot limitation and, if it so determines, the Planning Commission may at its discretion issue a special permit approving such excessive square footage.
(Ord. 280(00-01). Passed 12-6-01.)
(Ord. 280(00-01). Passed 12-6-01.)
(2) In connection with the operation of a home occupation it shall not be permitted:
A. To have exterior displays, or a display of goods visible from the outside.
B. To store materials or products outside of a principal or accessory building.
C. To display, in an “R-1" or “R-2" District, a name plate or other sign except as permitted in connection with the practice of a profession.
D. To make external structural alterations which are not customary in residential buildings.
E. To produce offensive noise, vibration, smoke, dust or other particulate matter, odorous matter, heat, humidity, glare, electrical interference or other objectionable effects.
(3) Home occupations include:
A. Fine arts studios.
B. Professional offices, unless otherwise excluded in this subsection.
C. Teaching of not more than four pupils simultaneously or, in the case of musical instruction, of not more than a single pupil at a time.
D. Advertising or public relations agencies.
E. Real estate or insurance offices.
F. Other similar uses which are in harmony with the zoning district, and which do not produce or cause excessive pedestrian traffic, vehicular traffic congestion or parking problems.
(4) Home occupations shall not include:
A. Barber shops.
B. Beauty parlors.
C. Commercial stables or kennels.
D. Depilatory, electrolysis or similar offices.
E. Interior decorators’ offices or workshops.
F. Stockbrokers’ offices.
G. Funeral parlors.
(r) Apartment hotel.
(1) “Apartment hotel: means a building or part of a building in which:
A. The dwelling units or rooming units are used primarily for permanent occupancy; and
B. One or more common entrances serve all such units; and
C. One or more of the following services are provided: maid, telephone, desk, bellboy service, or the furnishing or laundering of linens.
(2) Restaurants, cocktail lounges or indoor swimming pools are permitted accessory uses, provided that in “R-3" and “R-4" Residential Districts such facilities shall be accessible only through the lobby and there shall be no signs except as permitted by the applicable district regulations. Public banquet halls, ballrooms or meeting rooms are not permitted accessory uses.
(s) Transient hotel or motel:
(1) “Transient hotel or motel” means a building or part of a building in which:
A. Living or sleeping accommodations are used primarily for transient occupancy, and may be rented on a daily basis; and
B. One or more common entrances serve all such living or sleeping units; and
C. One or more of the following services are provided: maid, telephone, desk, bellboy service, or the furnishing or laundering of linens.
(2) Permitted accessory uses include restaurants, cocktail lounges, public banquet halls, ballrooms or meeting rooms.
(t) “Lot area” means the area of a parcel of land on which a main building and any accessory buildings are or may be placed together with the required open spaces and required off-street parking spaces.
(Ord. 81 (66-67). Passed 12-15-66.)
(u) Manufactured home or modular home:
(1) “Manufactured home” (mobile home or house trailer) means any nonselfpropelled vehicle transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without permanent foundation when connected to the required utilities, and includes plumbing, heating, air conditioning and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure’s exterior dimensions measured at the largest horizontal projections where erected on site. These dimensions include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows. Manufactured homes are those factory units constructed under Part 3780 CFR Manufactured Home Construction and Safety Standards, Federal Department of Housing and Urban Development.
(2) “Modular home” (not mobile home or house trailer) means any manufactured home constructed to meet accepted standard building codes e.g. CABO one and two family dwelling code, and to be installed as a permanent residence with a minimum dimension of 24 feet.
(Ord. 156 (98-99). Passed 1-7-99.)
(v) “Nonconforming building, use or lot” means a lawful building, use or lot which, by reason of design, size or use, does not conform with the requirement of the district or districts in which it is located as designated by this Zoning Ordinance.
(w) “Nursing home” means any institution required to be licensed under the provisions of Ohio R.C. Chapter 3721.
(x) “Parking space” means an area which has no less than 160 square feet and whose width is not less than eight feet.
(y) “Party wall” means a wall used for joint service between two buildings or dwellings.
(z) “Single and separate ownership” means the ownership of a lot by one or more persons, partnerships or corporations, which ownership is separate and distinct from that of any abutting or adjoining use.
(Ord. 81(66-67). Passed 12-15-66.)
(aa) "Trailer court" or "mobile home park" means any premises used as a parking space for more than two house trailers or mobile homes.
(bb) "Bed and Breakfast accommodation" means a dwelling occupied in part by the owner thereof and equipped for the overnight accommodation and sustenance of not more than five transient guests.
(cc) "Yards" means that area around the inner periphery of any lot on which no structures shall be erected without a variance and or a special permit as granted by the Planning Commission.
(1) "Front Yard" means that open area extending the full width of the lot at a depth from the front lot or right of way line as required by the zoning regulations for the district in which it is located.
(2) "Side Yard" means that open area extending from the side lot line, bounded in its length by the front and rear yard depth limits, the distance as required by the zoning regulations for the district in which it is located.
(3) "Rear Yard" means that area of open space extending the full width of the lot at a depth from the rear lot or right of way line as required by the zoning regulations for the district in which it is located.
(Ord. 280(00-01). Passed 12-6-01.)
(dd) Zoning lot:
(1) “Zoning lot” means either:
A. A lot of record existing on the effective date of this Zoning Ordinance or any applicable subsequent amendment thereto, or
B. A tract of land, either unsubdivided or consisting of two or more contiguous lots of record, located within a single block, which, on the effective date of this Zoning Ordinance or any applicable subsequent amendment thereto, was in single and separate ownership, or
C. A tract of land, located within a single block, and designated by its owner or developer as a tract, all of which is to be used, developed or built upon as a unit under single and separate ownership.
(ee) “Zoning Ordinance” means Ordinance 81 (66-67), passed December 15, 1966, as amended, which comprises Title One - Zoning, of this Part Eleven - Planning and Zoning Code.
(Ord. 81 (66-67). Passed 12-15-66.)
(ff) “Billboard, ground mount sign or ground graphic” means any free standing detached sign or graphic with its structural support embedded in the ground.
(gg) “Off-premises sign” means any billboard, ground mount sign, ground graphic, building mounted sign, or any other advertising which directs attention to businesses, services, products or other activities offered or conducted other than upon the lot or premises upon which the sign or graphic is located.
(Ord 205(90-91). Passed 5-2-91.)
(hh) For the purpose of this Development Code, the following terms shall have the meaning herein indicated:
(1) Medical/dental/health services clinic. An establishment where human patients are examined and treated by a group of dentists, physicians or similar medical professionals. Clinics provide outpatient service only, including outpatient surgery. This term does not include a hospital. This term also does not include cultivating, processing, or dispensing medical marijuana.
(2) Office, medical/dental. Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. Medical/dental office includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services. This term does not include cultivating, processing, or dispensing medical marijuana.
(3) Retail establishment. An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building façade devoted to display windows may be considered. This term does not include any sexually oriented businesses. This term does not include cultivating, processing, or dispensing medical marijuana.
(4) Marijuana. Marijuana means marihuana as defined in Section 3719.01 of the Ohio Revised Code.
(5) Medical Marijuana. Medical marijuana means marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose. (Ord. 321(16-17). Passed 10-26-17.)