(a) For the purpose of the Zoning Ordinance, the following terms and uses shall have, throughout this text, the meaning given herein:
(1) Words used in the present tense include the future; the singular includes the plural, and the plural the singular; the word "shall" is mandatory; the word "may" is permissive; the word "Village" or "Municipality" means the Village of Middlefield, Ohio; the term "Commission" means the Planning Commission of the Municipality; the term "Council" means the Council of the Municipality; the term "person" includes a firm, association, organization, partnership, trust, company, or corporation.
(Ord. 13-150. Passed 1-9-14.)
(2) "Accessory Use" means either a subordinate use of a building, other structure or lot, or a subordinate building or other structure, excepting a garage:
A. Which use is clearly identical to the use of the principal building, other structure or use of land;
B. Which is customary in connection with the principal building, other structure or use of land; and
C. Which is located on the same lot with the principal building, other structure or use of land.
(Ord. 06-124. Passed 7-6-06.)
(3) "Adult entertainment business" means an adult book store, adult motion picture theater, or adult entertainment establishment as defined herein.
(4) "Adult book store" means an establishment which utilizes ten percent (10%) or more of its retail selling area for the purpose of retail sale or rental or for the purpose of display by coin or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished or characterized by their emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomica1 areas" as defined herein, or an establishment with a segment or section devoted to the sale or display of such material.
(5) "Adult motion picture theater" means enclosed motion picture theater or motion picture drive-in theater which is regularly used or utilizes ten percent (10%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual acts. or "specified anatomical areas" as defined herein for observation by patrons.
(6) "Adult entertainment establishment" means any establishment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by employees, services or equipment or by personnel provided by the establishment or views a series of dance routines, strip performances or other gyrational choreography performed by topless dancers, go-go dancers, exotic dancers, strippers, or other similar entertainers provided by the establishment which appeal to the prurient interest of the patron.
(7) "Agriculture"means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.
(8) "Alley" means a public right-of-way less than thirty (30) feet, but not less than twelve (12) feet in width, which affords only secondary means of access to abutting property.
(9) "Alteration" as applied to a building or structure, means a change or rearrangement in the structural parts or in the entrance or exit facilities or an enlargement, whether by extending on a side or by increasing in height; or moving from one location or position to another.
(10) "Amusement Arcade" means a place of business within a building or any part of a building in which more than three mechanical or electrically operated amusement devices are used for the purpose of public entertainment, by placing therein any coin, plate, disc, slug, key or token of value.
(Ord. 90-145. Passed 12-17-90.)
(11) "Amusement arcade operator" means the person, firm or corporation to whom the conditional use permit authorized herein has been issued.
(12) "Apartment" means a room or suite of rooms designed, arranged, and intended for, or occupied, as a residence by one family with facilities for cooking therein.
(13) "Apartment building" or "apartment house" means a building housing three (3) or more apartment units providing said units are the principal use of the building.
(14) “Automobile repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, as well as collision service, painting and steam cleaning of vehicles.
(15) “Automotive sales” means the sale or rental of new or used motor vehicles.
(16) “Basement” means a story of a structure having less than two-thirds (2/3) of its height above the average level of the adjacent ground.
(Ord. 97-109. Passed 4-17-97.)
(17) “Boarding house”, “lodging house”, or “rooming house” means a building or part thereof, other than a hotel or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more persons (primarily non- transients) where no cooking or dining facilities are provided in individual rooms. No building may be used as a boarding house, lodging house or rooming house unless the owner of the building is also an occupant thereof.
(Ord. 97-109. Passed 4-17-97.)
(18) “Block” means all that part of one side of a street which is between two intersecting or intercepting streets or between an intersecting or intercepting street and a railroad right-of-way. (Ord. 85-107. Passed 3-4-85.)
(19) “Building” includes the word “Structure” unless otherwise noted and is a structure, permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and used as a shelter or enclosure for person, animals and/or property. Temporary buildings are not permitted in any zoning district other than residential zoning districts unless specifically authorized by ordinance or by Council.
(Ord. 94-114. Passed 6-2-94.)
(20) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches, whether enclosed or unenclosed, but does not includes steps.
(21) “Building, height of “ means the vertical distance from the average grade surrounding the building to the highest point.
(22) “Building line” or “Setback line” means a line established by this Zoning Ordinance, generally parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground except as may be provided in this Code.
(23) “Building, principal” means the building in which is conducted the main or chief use of the lot on which such building is located.
(Ord. 85-107. Passed 3-4-85.)
(24) “Carnival” means the temporary installation of amusement rides, carnival games or food concessions, or any combination thereof, or any similar traveling enterprise offering amusements, whether or not there are charges for such services.
(Ord. 92-150. Passed 12-7-92.)
(25) “Charitable contribution” means a contribution to an organization engaged in charitable purposes.
(26) “Charitable organization” means any person/entity which has been determined to be a tax-exempt organization pursuant to Section 501(c) of the Internal Revenue Code and the Regulations promulgated thereunder, or which is established for any benevolent, philanthropic, humane, social welfare, public health, public education, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other person who protect the public safety. (Ord. 17-127. Passed 12-7-17.)
(27) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a physician or a group of physicians practicing medicine together.
(28) “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.
(29) “Commons” means a parcel of land reserved primarily for the leisure and recreational use of all PUD residents and owned and maintained in common by them, generally though a homeowner's association.
(Ord. 85-107. Passed 3-4-85.)
(30) “Community-based residential social service facility” means a facility which:
A. Provides supervised room and board, and care in a residential setting to any unrelated persons who live together in such a setting as a single housekeeping unit and whose disabilities or status limit their ability to live independently, and only secondarily for training, rehabilitation, and nonclinical services.
B. Is:
1. A facility providing for a child or adolescent in the custody of a county welfare department, county children’s services board, or a private agency certified under Section 5103.03, Ohio Revised Code.
2. An adult facility licensed by the Ohio Department of Public Welfare under Sections 5103.30 to 5103.34, Ohio Revised Code.
3. A residential facility for the mentally retarded as defined in Section 5123.19, Ohio Revised Code.
4. A residential care facility for mentally ill persons that is licensed by the Ohio Department of Mental Health under Chapter 5122, Ohio Revised Code.
5. A facility or adjudged delinquents or status offenders licensed by the Ohio Department of Youth Services under Section 5139, Ohio Revised Code.
6. A facility that is licensed or certified as a drug treatment program under Section 3793.11, Ohio Revised Code.
7. A facility that is certified as an alcoholism program under Chapter 3720, Ohio Revised Code.
C. Community-Based Residential Social Service Facilities shall be classified into the following categories:
1. Category A Facility: A private residence servicing one (1) to three (3) persons who are cared for solely by the private individual or individuals owning the parcel on which the residence is located.
2. Category B Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing one (1) to five (5) persons, except a facility which qualifies as a Category A Facility, as herein defined.
3. Category C Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing six (6) to ten (10) persons.
4. Category D Facility: A residential facility operated by any person, firm, corporation or public or private agency servicing eleven (11) or more persons.
(Ord. 06-146. Passed 12-7-06.)
(30.1) “Computerized Sweepstakes Device” means a computer, machine, game or apparatus including an individual computer terminal screen which may be operated by the public generally for participation in a sweepstakes and which does not violate the Ohio Revised Code or municipal ordinance prohibitions upon gambling. No electronic or computerized sweepstakes device, game play or outcome shall have as a component thereof, or shall be operated or determined by, a random number generator (RNG) or compensating algorithm. The game play and outcome shall be determined by or from a finite pre-determined pool, with odds of winning stated in the sweepstakes “Official Game rules”.
(30.2) “Sweepstakes Terminal Café” and “Computerized Internet Sweepstakes Café” means the premises or the portion of the premises upon which computerized sweepstake devices are located for the use or entertainment of the public, whether or not such premises are operating under a zoning certificate for another use or business purpose.
(Ord. 11-107. Passed 5-12-11.)
(31) “Conditional use” means an uncommon or infrequent use which may be permitted in specific districts subject to the compliance with certain standards and explicit conditions and the granting of a conditional use certificate, as specified in Chapter 1135 of the Ordinance.
(32) “Condominium/ townhouse” means a multi-family structure consisting of three or more but not more than eight attached single-family dwelling units, each separated by an unpierced party wall, each single-family dwelling unit having a separate entrance from the outside and a semi-enclosed private rear yard area.
(33) “Depth of lot, piece or parcel” means the mean distance from the front street line of the lot, piece or parcel to the rear line.
(Ord. 87-124. Passed 7-20-87.)
(34) “Donation bin” (sometimes called “Clothing Donation Container”) is a receptacle or container made of metal, or other fire-resistant material designed or intended solely for the collection and temporary storage of donated clothing, shoes, books, recyclable cardboard or other salvageable personal property. (Ord. 17-127. Passed 12-7-17.)
(35) “Drug paraphernalia” means all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, enhancing the effect of or otherwise introducing into the human body a controlled substance as defined in Chapter 3719, Ohio Revised Code. It includes, but is not limited to:
A. Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing or harvesting of any species of plant which is a controlled substance or from which a controlled substance can be derived.
B. Kits used, intended for use or designed for use in manufacturing, compounding, converting, producing, processing or preparing controlled substances.
C. Isomerization devices used, intended for use or designed for use in increasing the potency of any species of plant which is a controlled substance.
D. Testing equipment used, intended for use or designed for use in identifying or in analyzing the strength, effectiveness or purity of controlled substances.
E. Scales and balances used, intended for use or designed for use in weighing or measuring controlled substances.
F. Diluents and adulterants, such as quinine hydrochloride, mannitol, rannite, dextrose and lactose, used, intended for use or designed for use in cutting controlled substances.
G. Separation gins and sifters used, intended for use or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining marijuana.
H. Blenders, bowls, containers, spoons, and mixing devices used, intended for use or designed for use in packaging small quantities of controlled substances.
I. Capsules, balloons, envelopes and other containers used, intended for use or designed for use in packaging small quantities of controlled substances.
J. Containers and other objects used, intended for use or designed for use in storing or concealing controlled substances.
K. Hypodermic syringes, needles and other objects used, intended for use or designed for use in parenterally injecting controlled substances into the human body.
L. Objects used, intended for use or designed for use in ingesting, inhaling or otherwise introducing marijuana, cocaine, hashish or hashish oil into the human body, such as:
1. Metal, wooden, acrylic, glass, stone, plastic, ceramic pipes with or without a screen, permanent screens, hashish heads or punctured metal bowls.
2. Water pipes.
3. Carburetion tubes and devices.
4. Smoking and carburetion masks.
5. Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand.
6. Miniature cocaine spoons and cocaine vials.
7. Chamber pipes.
8. Carburetor pipes.
9. Electric pipes.
10. Air-driven pipes.
11. Chillums.
12. Bongs.
13. Ice pipes or chillers.
M. In determining whether an object is “drug paraphernalia”, in addition to all other logically relevant factors, the following may be considered:
1. Statements by an owner, or by any person in control, of the object concerning its use.
2. Prior conviction, if any, of an owner of the object, under any State statute or federal law relating to any controlled substance.
3. The proximity of the object to any controlled substance.
4. The existence of any residue of controlled substances on the object.
5. Direct or circumstantial evidence of the intent of the owner, or of any person in control, of the object to deliver it to persons whom he knows, or should reasonably know, intends to use the object to facilitate a violation of any state statute or federal law relating to any controlled substances.
6. Instructions, written or oral, provided with the object concerning its use.
7. Descriptive materials accompanying the object which explain or depict its use.
8. Any advertising concerning its use.
9. The manner in which the object is displayed for sale.
10. The existence and scope of legitimate uses for the object in the community.
11. Whether the owner, or any person in control, of the object is a supplier of similar or related items to the community for legal purposes such as an authorized distributor or dealer of tobacco products.
12. Direct or circumstantial evidence of the ratio of the sales of the object to the total sales of the business enterprise.
N. Expert testimony concerning its use.
(36) “Drug paraphernalia establishment” means any place, whether or not operated as a business, within a building, structure or dwelling, or any part thereof, of any parcel located within the Village where drug paraphernalia, as defined herein, is manufactured, distributed or offered for sale.
Drug paraphernalia establishments do not include manufacturers, practitioners, pharmacists, owners of pharmacies cr other persons who conduct a business or profession in accordance with Ohio R.C. Chapters 3719, 4715, 4729, 4731 and 4741.
(37) “Dwelling” means any building or portion thereof which is designed for or used for residential purposes.
A. “Dwelling, single-family” means a building designed for or occupied exclusively by one family.
B. “Dwelling, two-family or duplex” means a building designed for or occupied exclusively by two families living independently of each other with separate cooking facilities.
C. “Dwelling, multiple” means a building used or designed as residence for three or more families living independently of each other with separate cooking facilities, including apartment houses, garden apartments, flats and row or group houses.
(38) “Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal 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 Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein or deemed to be similar to those named herein.
(39) “Family” means any one of the following when occupying a dwelling unit and maintaining a common household in which all members of such family have use and access to all parts of the dwelling unit:
A. One person and not more than two lodgers; or
B. Two or more persons related by blood, marriage or adoption and not more than two lodgers; or
C. Not more than four unrelated persons.
(40) “Fence” means a structure delineating the boundary of a property or a barrier to prevent entry or observation to a specifically delineated area with location, dimensions and construction as specified for particular conditions as set forth in this Ordinance.
(41) “Finished grade” means the elevation of the surface of the ground adjoining the building after construction of required parking areas or driveways and after the planting of lawn and shrubbery or other required improvements to open spaces.
(42) “Floor area” of a building means the sum of the gross horizontal areas of the several floors of the building, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings. “Floor area” shall not include:
A. Basement space.
B. Elevator and stair bulkheads.
C. Attic space.
D. Terraces, breezeways and open porches.
E. Uncovered steps.
F. Garages.
(43) “Frontage” or “lot frontage” means that portion of the lot which directly abuts the street.
(44) “Front lot line” means the street right-of-way line of an interior lot, or, in the case of corner lots, the lot line upon which a building faces.
(Ord. 87-124. Passed 7-20-87.)
(45) “Garage, private” means a building designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the building. (Ord. 06-124. Passed 7-6-06.)
(46) “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 for hire motor-driven vehicles.
(47) “Gasoline service station” means any building, structure or land used for dispensing, sale or offering for sale at retail of any vehicular fuels, oils or accessories, including lubrication of automobiles or other motor vehicles and 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.
(Ord. 87-124. Passed 7-20-87.)
(48) “Glare” means the sensation produced by luminance within the visual field that is sufficiently greater than the luminance to which the eyes are adapted, and which causes annoyance, discomfort or loss in visual performance and visibility.
(49) “Glare, direct” or “Direct Glare” is the glare resulting from the human eye being able to see the light-emitting proportion of a light fixture.
(Ord. 00-124. Passed 9-21-00.)
(50) “Home occupation or home profession” means an occupation or a profession which:
A. Is customarily carried on in a dwelling unit.
B. Is carried on by a member or members of the family residing in the dwelling unit; and
C. Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
Which conforms to the following additional conditions:
1. The occupation or profession shall be carried on wholly within the principal building.
2. Not more than one person who is not a member of the resident family shall be employed in the "home occupation" or "home profession”.
3. There shall be no exterior display; no exterior sign, except as permitted in the district regulations; no exterior indication of the home occupation or home profession or other variation from the residential character of the principal building.
4. No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified for use in Section 1157.04 of this Ordinance.
5. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single- family residence.
(51) “Hospital” means any building or other structure containing beds for at least four patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
(52) “Hotel” means a building in which lodging or boarding and lodging are provided and offered to the public for compensation. It is open to the public in contradistinction to a boarding house, a lodging house or an apartment, which are separately defined herein.
(Ord. 85-107. Passed 3-4-85.)
(53) “Industrialized unit”, as used in Ohio R.C. 3781.10 and 3791.07, means an assembly of materials or products comprising all or part of a total structure which, when constructed, is self sufficient or substantially self- sufficient, and when installed constitutes the structure or part of a structure, except for preparation for its placement and constructed in accordance with the Ohio Basic Building Code.
(Ord. 87-124. Passed 7-20-87.)
(54) “Institution” means a building occupied by a non-profit corporation or a non-profit establishment for public use.
(55) “Junk or auto wrecking yard” means land used to dismantle or wreck more than one motor vehicle or trailer, or land used to store, sell or dump partly dismantled, obsolete or wrecked vehicles or their parts, second hand materials, chattels, junk, waste paper, containers or other salvage.
(56) “Loading space” is a space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
(57) “Lot” means a division of land separated from other divisions for the purposes of sale, lease, or separate use, described on a recorded subdivision plat, recorded survey map or by metes and bounds. Said division of land shall be of sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street.
A. “Lot, corner” means any lot at the junction of and abutting on two or more intersecting streets, where the angle of intersection is not more than 135 degrees.
B. “Lot line” means the boundary of a lot separating it from adjoining land, public or private, or the dividing line between lots, pieces or parcels of land.
C. “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 Geauga County.
D. “Lot, minimum area of” means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
E. “Lot, minimum frontage of” is the width of a lot at the front lot line measured at right angles to its depth.
F. “Lot width” is the width of a lot at the building setback line measured at right angles to its depth.
(58) “Manufactured home” means any dwelling built in a factory or other off- site facility rather than at the site, which is designed and constructed for transportation to a site for use as a dwelling when it is connected to the required utilities, which may be an independent, individual dwelling unit, or a module for combination with other elements to form one or more dwelling units at the site, and includes all types of manufactured housing such as prefabricated, kit, modular, mobile and industrialized housing. Manufactured housing shall be classified and further defined as follows:
A. “Manufactured housing - single-family home” means a manufactured housing unit that is built in a factory, or other off-site facility, that is constructed or carried on a temporary removable chassis that is only used for transportation of the housing unit to a site or lot for final, permanent installation as a long-term single- family dwelling.
B. “Manufactured housing - two-family home” means two manufactured housing units that are built in a factory, or other off- site facility, that are constructed, or carried, either individually or in modules, on a temporarily removable chassis that is only used for transportation of the housing units to a site or lot for final assembly, installation, erection or joining as long-term, permanent two-family dwellings.
C. “Manufactured housing - mobile home” means a movable manufactured single-family housing unit that is constructed in one or more segments, and has as part of its permanent construction a chassis with two or more metal I-beams as part of the unit's main frame, and is built with axles and wheels as part of the unit's overall design for mobility. A manufactured housing - mobile home is considered to remain a mobile home regardless of any modifications to the unit, or the attachment of the mobile home to a permanent or temporary foundation, or to another structure.
(59) “Manufacturing” means any production or industrial process, 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.
(Ord. 87-124. Passed 7-20-87.)
(60) “Medical Marijuana” has the same meaning as defined in Section 3796.01(A)(2) of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(61) “Medical Marijuana Cultivator” has the same meaning as used in Section 3796.02 of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(62) “Medical Marijuana Processor” has the same meaning as used in Section 3796.02 of the Revised Code and as used in Chapter 3796 of the Revised Code and the Regulations promulgated thereunder.
(Ord. 17-118. Passed 7-13-17.)
(63) “Mechanical or electrically operated amusement device” means any machine, device or instrument which by the payment of a fee or other things of value, or by the insertion of a coin, plate, disc, slug, key or token operates or may be operated as a game, contest or amusement, of any description, or which may be used for any such game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, tokens or merchandise or check redeemable in money or anything of value. Mechanical or electrically operated amusement device includes but is not limited to devices such as mechanical baseball, mechanical football, pinball machines, any table game or device commonly known as electronic game and other similar types of devices provided, however, that this definition is not intended to nor shall it be construed to include merchandise vending machines or coin operated mechanical or electrical musical instruments or devices.
(Ord. 87-124. Passed 7-20-87.)
(64) “Motor home”, “travel trailer” or “recreational vehicle” means a vehicle either self propelled or able to be drawn by a separate motor vehicle and designed to be used as a temporary dwelling for travel, recreational, and vacation uses.
(65) “More restrictive” refers to nonconforming uses and more specifically to the changing of a use to more nearly conform to the permitted uses, thus increasing the requirements such as side yards, etc., or generally increasing the compatibility of a nonconforming use to the requirements of the district in which it is located.
(66) “Motel” means a group of buildings containing guest rooms which are designed primarily for the accommodation of travelers.
(67) “Natural grade” means the elevation of the undisturbed natural surface of any lot, piece or parcel of land.
(68) “Nonconforming building” or “nonconforming use” means a building or use lawfully existing at the time this Zoning Ordinance becomes effective which does not conform to the regulations of the district or zone in which it is located.
(69) “Nursing home” means an establishment where persons are housed or lodged and furnished with meals and nursing or convalescent care for hire.
(70) “Off-street parking space” means any parking space located wholly off any street, service street or sidewalk, either in an enclosed building or on an open lot.
(71) “Open space” means an area substantially open to the sky which may include along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the Planning and Zoning Commission deems permissive.
(72) “Parking area” or “parking lot” means an open area other than a street, drive, or alley used or intended to be used for the standing or parking of motor vehicles with or without fee.
(73) “Personal services” means any enterprise, conducted for gain, which primarily offer services to the general public such as shoe repair, valet services, watch repairing, barber shops, beauty parlors and related activities.
(74) “Planned unit development” means an area of land in which a variety of housing types are permitted and other specified uses are conditionally permitted in a preplanned environment.
(75) “Professional activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers .
(76) “Public land” means a parcel of land dedicated to the Village and operated and maintained by it.
(77) “Public uses” means public parks, schools, administrative and cultural buildings and structures.
(78) “Recreational facilities” means public or private uses such as country clubs, riding stables, golf courses, and other area maintained for the purpose of providing active and passive recreation.
(79) “Residence” means a building designed, arranged, used or intended to be used as a family dwelling.
(80) “Retail business” means any business normally found in any type of business district, where goods or services are offered for sale in small quantities directly to the consumer.
(81) “Roadside stand” means a removable structure used or intended to be used solely for the sale of products produced on the premises.
(82) “Semi-public uses” means any church, Sunday school, parochial school, college, hospital or other institutions of an education, religious, charitable or philanthropic nature.
(83) “Sewage disposal system, public” means an approved system which provides for the combined collection through a system of lateral, main or trunk sewers and disposal at a common treatment plant of residential, commercial and/or industrial sewage.
(84) “Sewage disposal system, individual” means an on-lot system which provides for the individual collection and disposal of sewage.
(85) “Similar use” means a use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to a classification by amendment according to the procedures specified in Section 1153.07.
(86) “Site host” is the owner or lawful occupant (or their respective representatives) of the property upon or at which of a collection bin is located. (Ord. 17-127. Passed 12-7-17.)
(87) “Sign” means any device for visual communication which is designed, intended, or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.
NOTE: Specific sign use and structural types are defined in Section 1165.02.
(88) “Specialized animal raising and care” includes 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, but nothing in the Zoning Ordinance shall prohibit the keeping of domestic pets on any property in any district in accordance with the statutes of the State.
(89) “Specified sexual activities” is defined as human genitals in a state of sexual stimulation or arousal; acts of human masturbation, sexual intercourse or sodomy or any act of beastiality; and fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
(90) “Specified anatomical areas” is defined as less than completely and opaquely covered human genitals, pubic region, buttocks and female breast below a point immediately above the top of the areola, and human male genitals in a discernible turgid state, even if completely and opaquely covered.
(91) “Story” means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
(Ord. 85-107. Passed 3-4-85.)
(92) “Street”, “thoroughfare” or “road” means a public way for the purpose of vehicular travel including the entire area within the rights of way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. Subject to the provisions of Section 1140.06(n), the requirements of the Codified Ordinances for public streets (except street construction standards) shall also apply to any private drive which serves a development in an R-3 or R-PUD zoning district. Streets shall be classified and further defined as follows:
(Ord. 95-140. Passed 12-7-95.)
A. “Alley” means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street” means a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. “Collector street” means a thoroughfare, whether in a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principle entrance and circulation routes within residential subdivisions.
D. “Cul-de-sac” means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. “Dead-end street” means a street temporarily having only one (1) outlet for vehicular traffic.
F. “Local street” means a street primarily for providing access to residential or other abutting property.
G. “Marginal access street” means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(93) “Street line or right-of-way line” means a dividing line between a lot, piece, parcel or tract of land on a contiguous street.
(Ord. 85-107. Passed 3-4-85.)
(94) “Structure” means anything which is constructed including buildings, outdoor seating facilities, outdoor theaters, swimming pools, platforms, tents, towers, bridges, fences, barriers, poles, roadside signs, and tanks above or below ground. “Structure” shall also mean the supporting frame work of a building. Temporary structures are not permitted in any zoning district other than residential zoning districts unless specifically authorized by ordinance or by Council. For purposes of calculating lot coverage pursuant to Section 1155.01, “structure” does not include areas of a lot which are paved solely for purposes of parking.
(Ord. 13-102. Passed 4-4-13.)
(95) “Tavern” means a building where alcoholic beverages, permitted by local or state law, and food are sold to be consumed on the premises. (Synonymous terms: Cafe, cocktail lounge and inn.)
(96) “Tourist home” means a building other than a hotel or motel where lodging is provided and offered to the public for compensation and open to transient guests.
(97) “Trailer” means any vehicle without motive power designed or used for carrying property wholly on its own structure and designed to be drawn by a motor vehicle.
(98) “Use” means the purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon is or may be occupied or maintained.
(99) “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(Ord. 85-107. Passed 3-4-85.)
(100) “Wall Mural Sign” or “Wall Mural” means a sign painted or applied to an exterior wall of a building and used for artistic purposes which does not contain any advertising of products or services. Wall Mural Signs are permitted only as conditional uses pursuant to Chapters 1135 and 1165 of the Codified Ordinances.
(Ord. 13-149. Passed 1-9-14.)
(101) “Yard” means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure.
A. “Yard, Front”, in reference to buildings, means the area across the full width of the lot, piece or parcel between the building or setback line and the street right of way. In a development in an R-3 or R- PUD District, the term shall also mean the area across the full width of the lot, piece or parcel between the building or setback line and the nearest edge of pavement of any private drive serving the development, unless the Planning Commission, in its discretion, determines that application of this requirement is not in the best interest of the Village for a particular such development.
(Ord. 95-140. Passed 12-7-95; Ord. 13-149. Passed 1-9-14.)
B. “Yard, rear” means the area across the full width of the lot, piece or parcel, and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof.
C. “Yard, side” means the area 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.
(Ord. 85-107. Passed 3-4-85; Ord. 13-149. Passed 1-9-14.)
(102) “Youth recreation center” means a building or portion of a building whose primary function is the entertainment of persons who are under twenty-one years of age, and which provides such entertainment by offering table and board games, music, dancing and such other related items as may afford appropriate youth recreation. A Youth Recreation Center may contain an Amusement Arcade, as defined in this section, but only if the property separately complies with the specific conditions set forth in Section 1135.04 relating to Amusement Arcades.
(Ord. 93-103. Passed 3-1-93; Ord. 13-149. Passed 1-9-14.)
(103) “Zoning Certificate” or “Zoning Permit” means the document issued by the Zoning Inspector authorizing the use of land or buildings in accordance with the provisions of the Zoning Ordinance.
(104) “Zoning district map” or “Zoning map” means the map or sectional maps of the Municipality, which graphically illustrate the boundaries of the various zoning districts.
(105) “Zoning Inspector” means the enforcement officer of the Municipality, appointed by the Mayor subject to the approval of Council who is charged with the duty of enforcing the provisions of the Zoning Ordinance.
(A.O.; Ord. 13-149. Passed 1-9-14.)