(a) As used in this Zoning Ordinance, words used in the present tense include the future; the singular includes the plural and the plural includes the singular; "used for" includes "designed for" and vice-versa; "building" includes "structure;" "dwelling" includes “residence;" "lot" includes "plot;" "shall" is mandatory and "may" is permissive.
(1) “Accessory Building” means a building located on property under common ownership with the principal building and which is secondary in importance to the main building, including but not limited to detached garages, storage buildings, barns, shelters and decorative structures. A swimming pool shall be deemed an accessory building for the purposes of this Zoning Ordinance.
(2) “Accessory Use” means any activities which are incidental, subordinate and customarily carried on in addition to the primary use of the premises. In residential districts this shall include activities which are in the nature of a hobby or recreation and not carried on with the intent to make a profit for the land occupant.
(3) “Adult entertainment business” means an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in this subsection.
A. “Adult book store” means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purposes 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 by their emphasis on adult materials as defined in this subsection.
B. “Adult cabaret” means nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.
C. “Adult motion picture theater” means an enclosed motion picture which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material.
D. “Adult motion picture drive-in theater” means an open air drive- in theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material.
E. “Adult only entertainment establishment” means an establishment that the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material, or which features exhibitions, dance routines, or gyrational choreography or persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
(4) “Alley” means any public space or thoroughfare which has been dedicated or deeded to the public travel and which affords a secondary means of access to abutting property.
(5) “Alteration” as applied to a building or structure, means an change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(6) “Apartment House” means a multi-family dwelling for three or more families, living independently of each other, with cooking and toilet facilities in each dwelling unit.
(7) “Auto Graveyard” means the same as junkyard.
(8) “Automobile Wrecking” means the dismantling or disassembling of used motor vehicles, or the storage, sale or dumping dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(9) “Basement” means a story, suitable for business or habitation, partially below the level of the adjoining street or ground and below the first tier of floor beams or joists. When a basement floor is less than two (2) feet below the average grade, it will be rated as the first story or ground floor.
(10) “Bed and breakfast establishment” means an owner-occupied dwelling unit that contains no more than four (4) guest rooms where lodging, with or without meals, is provided for compensation.
(11) “Building Line” means a line defining the minimum front, side and rear yard requirements.
(12) “Building, Height of” means the vertical dimension measured from the average elevation of the finished lot grade at the front of the building, to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the average height between the plate and ridge of a gambrel roof.
(13) “Building, Principal” means the building housing the principal activity performed on any lot.
(14) “Campground”. (See Recreation Camp.)
(15) “Child day care” means administering to the needs of infants, toddlers, pre-school children and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or residence other than the child's own home.
(16) “Child day care center” means any place in which child day care is provided, with or without compensation, for thirteen (13) or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for seven (7) to twelve (12) children at any one time. In counting children for the purpose of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(17) “Clinic or Medical Center” means a place used for the diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention, but limited to out-patients only.
(Ord. 270-09-02. Passed 9-10-02.)
(17.5) “Companion Animal” means any animal that is kept inside a residential dwelling, AND any dog or cat regardless of where it is kept. Companion Animal does not include any livestock or any wild animal.
(Ord. 780-12-20. Passed 12-16-20.)
(18) “Convalescent, Nursing or Rest Home” means any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
(19) “Day Care Home, Type A Family” means a permanent residence of the administrator in which child day care is provided for four (4) to twelve (12) children at any one time, if four (4) or more children are under two (2) years of age. In counting children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A Family Day Care Home shall be counted. The term “Type A Family Day Care Home” does not include a residence in which the needs of the children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(20) “Day Care Home, Type B Family” means a permanent residence of the provided in which child day care services are provided for one to six (6) children at any one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and are on the premises of the Type B Home shall be counted. The term "Type B Family Day Care Home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(21) “Density of Population” means the ratio or population expressed as persons or as families, to a unit of land they occupy expressed in acres or other area measure.
(22) “Dwelling” means a building designed or used as the living quarters for one or more families. "Dwelling", "one-family dwelling", "two-family dwelling" or "multi-family dwelling" shall not be deemed to include motel, hotel or rooming house. A dwelling may include a manufactured home provided it meets all of the following requirements:
A. The manufactured home is affixed to a permanent foundation and connected to storm sewer, sanitary sewer and the Village water system.
B. The manufactured home, excluding any addition, shall have a width of twenty-two (22) feet at one point and a length of at least twenty-two (22) feet at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least equal to or greater than any minimum dwelling size applicable within the applicable zoning district.
C. The manufactured home shall have a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch (6 in.) minimum eave overhang, including appropriate guttering.
D. The manufactured home was manufactured after January 1, 1995.
(23) “Dwelling, One Family” means a detached building designed for or occupied exclusively by, one family.
(24) “Dwelling, Two Family” means a detached building designed for, or converted or occupied exclusively by two families, living independently of each other.
(25) “Dwelling, Multi-Family” means the same as apartment house.
(26) “Dwelling Unit” means one or more rooms in a dwelling designed for occupancy by one family for living or sleeping purposes, and having toilet facilities and one kitchen.
(27) “Essential Service” means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health or safety or general welfare.
(28) “Family” means one or more persons occupying a premise and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, nursing home, lodging house or hotel as herein defined.
(29) “Garage, Private” means a building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business is conducted.
(30) “Garage, Public or Storage” means a building or part thereof other than a private garage for the storage of motor vehicles and in which service station activities may be carried on.
(31) “Gasoline Service Station” means any area of land, including any structure or structures thereon, that is or are used or designed for the supply of gasoline or oil or other fuel for the propulsion of vehicles. For the purpose of the Zoning Ordinance, there shall also be deemed to be included within this term any area or structure used or designed to be used for polishing, greasing, washing, spraying, dry cleaning or otherwise cleaning or servicing such motor vehicles. This business may exist on the same premises and under common management with a grocery or other retail business.
(32) “Home Occupation or Home Office” 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 entirely within the dwelling unit, without any significant adverse effect upon the surrounding neighborhood.
(33) “Hospital or Sanitarium” means an establishment which provides accommodations, facilities and services over a continuous period of twenty-four hours, or more for observation, diagnosis and care, of two or more individuals suffering from illness, injury, deformity or abnormality, or from any condition requiring obstetrical, medical or surgical services.
(34) “Hotel” means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house or lodging house.
(35) “Industrial Unit” means a building unit or assembly of closed construction fabricated in an off-site facility that is substantially self- sufficient as a unit or as part of a greater structure and that requires transportation to the site or intended use. Industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein.
(36) “Industrial Park” means a tract of land subdivided and developed according to a comprehensive plan for the use of a community of industries and containing at least one street, designed solely to provide access to industrial establishments located upon it.
(37) “Kennel” means a place where more than three dogs, six months or age or older, are kept.
(38) “Kitchen” means any room and/or other space used or intended or designed to be used for cooking or for preparation of food for one family.
(39) “Junkyard” means any land or building used for abandonment, storage, keeping, selling, exchanging, packing, collecting or bailing of paper, rags, scrap metals, other scrap or discarded materials, or for abandonment, demolition, dismantling, storage or salvaging of automobiles or other vehicles not in running condition, machinery or parts thereof.
(40) “Living Space” means that area within a structure intended, designed, erected or used for human occupancy, but excluding any cellar or basement area, or accessory use areas.
(41) “Loading Space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(42) “Lodging or Rooming House” means a building where lodging only is provided for compensation to more than two lodgers other than members of the proprietor's family.
(43) “Lot” means a parcel of land in single or undivided ownership used or intended to be used as the site for a main building or structure and accessory buildings and structures, or for some other purpose.
(Ord. 270-09-02. Passed 9-10-02.)
(44) "Lot Corner" means a lot at the point of intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees. It is the land occupied or to be occupied by the corner buildings. For the purpose of corner lots, the side of the lot that faces the road which name is in the property address is considered the front yard. The second front yard is any other side of the lot which abuts on a road, street, or alley. (Ord. 841-1-23. Passed 1-25-23.)
(45) “Lot, Depth of” means the mean distance from the right-of-way line of the street at the front of the lot to its opposite rear line measured in the general direction of the side lines of the lot; where the right-of-way is not established, it shall be assumed to be sixty feet.
(46) “Lot, Interior” means a lot other than a corner lot.
(47) “Lot Lines” means the lines defining the limits of a lot.
(48) “Lot, Width of” means the width measured along the minimum setback line.
(49) “Lot of Record” means a lot which is part of a subdivision, the plot or map of which has been recorded in the office of the recorder Erie County, or a lot described by metes and bounds, the deed to which has been recorded in the office of the recorder of Erie County.
(50) “Lumber Yard” means an area of land which is used for storage or sale of lumber or other building materials, and including the prefabrication, storage and sale of sash, doors, partitions, and roof trusses.
(51) “Major Thoroughfare” means a thoroughfare designed as a major thoroughfare on the land use and/or thoroughfare plan duly adopted by the Board of Erie County Commissioners or a Municipal Planning Commission.
(52) “Manufactured Homes” means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
(53) “Minimum Building Setback Line” means a line in back of a parallel to, the street right-of-way and at such distance from the street right-of-way line as required by the minimum front yard depth in the district in which it is located. Where the right-of way line is not established it shall be assumed to be sixty feet.
(54) “Mobile Home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty- five (35) body feet in length or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis foundation, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division C(4) of Section 3781.06 of the Ohio Revised Code or as an industrialized unit as defined in division C(3) of Section 3781.06 of the Ohio Revised Code.
(55) “Motel” means any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed for temporary use by automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motels, motor lodges and tourist cabins.
(56) “Nonconforming Use” means a building, structure or use of land lawfully existing at the time of enactment of this Zoning Ordinance, or any amendment or supplement thereto, and which does not conform to the use regulations for the district in which it is situated.
(57) “Open Space” means an area of land which is in its natural state, or is developed only for the raising of agricultural crops or for public outdoor recreation.
(58) “Parking” means the temporary holding of a vehicle for a period longer than required to load or unload persons or goods.
(59) “Porch” means a roofed or unroofed open structure projecting from the front, side or rear wall of a building, and having no enclosed feature of glass, wood or other material more than thirty-six inches above the floor thereof, except wire screening and the necessary columns to support the roof.
(60) “Public Utility” means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing under municipal regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation or water or any other similar public utilities.
(61) “Recreation Camp” means an area of land on which two (2) or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(62) “Recreation Facilities” means public or private facilities that may be classified as either "extensive" or "intensive" depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
(63) “Stable” means any building, structure or portion thereof which is used for the shelter or care of horses, or other similar animals, either permanently or transiently.
(64) “Story, Half” means a space under a sloping roof which has the line of intersection of a roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for use. A half-story containing independent apartment or living quarters shall be considered a full story.
(65) “Story, Height of” means the vertical distance from the top surface of one floor to the top surface of the next above. The height of the top most floor is the distance from the top surface of the floor to the top surface of the ceiling joists.
(66) “Street, Public” means a public thoroughfare which has been dedicated, deeded and accepted by the municipality, county, township or state, and which affords principal means of access to abutting property.
(67) “Street, Private” means a thoroughfare which affords principal means of access to abutting property, but which has not been dedicated or deeded or otherwise established for public use.
(68) “Structure” means anything constructed or erected which requires location on the ground, including signs and billboards, but not including fences or walls used as fences.
(69) “Structural Alterations” means any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.
(70) “Swimming Pools”.
A. “Private Residential Swimming Pool” means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving, or bathing located at a dwelling housing no more than three (3) families and used exclusively by the residents and their non-paying guests. Such swimming pools shall be completely enclosed by a protective fence, wall, or other enclosure not less than four (4) feet in height.
B. “Public Swimming Pool” means any indoor or outdoor structure, chamber or tank containing a body of water for swimming, diving or bathing that is intended to be used collectively for swimming, diving or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not a fee is charged for use, but does not mean any public bathing area or private residential swimming pool.
(71) “Tank, Storage” means in reference to petroleum or chemical products, a closed vessel for the storage of liquid hydrocarbon substances at atmospheric pressure.
(72) “Trailer Court or Trailer Park” means any premises occupied by, or designed to be occupied by more than one family in mobile homes, house trailers, tents, camp cars or similar facilities, and shall include roadway, structure, vehicle or enclosure used or intended for use as a part of the facilities of such house trailer park.
(73) “House Trailer”. (See Mobile Home.)
(74) “Use” means the purpose, or activity, for which land or a building or structure is arranged, designed or intended, or for which it is occupied, or may be occupied or maintained.
(75) “Use, Conditional” means a use which is permitted in district, or zone, only if a certificate therefore is expressly authorized by the Planning Commission in accordance with the provisions of the Zoning Ordinance.
(76) “Width Side Yard” means the perpendicular distance between the established side lot line and any portion of any structure existing or to be constructed on such lot.
(77) “Yard Depth, Front” means the perpendicular distance between the street right-of-way line and the nearest portion of any structure existing or to be constructed. Where the right-of-way is not established it shall be assumed to be sixty feet.
(78) “Yard Depth, Rear” means an open unoccupied space on the same lot with any structure between the rear line of the building and the rear line of the lot and extending the full width of the lot.
(79) “Zones or Districts” means the part of this Zoning Ordinance for which uniform regulations governing the use, height, area, size and intensity of use of buildings and land, and open spaces about buildings, are herein established.
(80) “Zoning Inspector” means the Zoning Inspector for the Village of Milan, Ohio.
(81) “Zoning Ordinance” means the provisions of Title Three and Title Five of this Part Eleven Planning and Zoning Code.
(Ord. 270-09-02. Passed 9-10-02.)