(1) “Accessory use” means a use subordinate, secondary, incidental to, and customary in connection with the principal building or use and located on the same lot as the principal building or use.
(2) “Accessory building” or “accessory structure” means a building or structure occupied by an accessory use.
(3) “Administrative and business offices” means offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.
(4) “Agriculture” means the same as stated in Section 519.01 of the Ohio Revised Code, as may be amended, to include farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
(5) “Alley” means a public right-of-way ten (10) to twenty (20) feet wide which provides only secondary means of access to abutting property.
(6) “Apartment” (see “Multiple Family Dwelling”)
(7) "Average Daily Traffic" or "ADT" means the average number of motor vehicles per day that pass over a given point in street or thoroughfare.
(8) “Basement” means a story whose floor level, two (2) feet or more below grade level, but having less than half its clear height above grade level.
(9) "Board" or "Planning and Zoning Board" means the Planning and Zoning Board established in Chapter 1131.
(10) “Building” means a structure permanently affixed to the land with one (1) or more floors and a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property. As used in this Planning and Zoning Code, the term “building” shall include “structure”.
A. “Building line” means the front yard setback line established by this Planning and Zoning Code, generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located.
B. “Height of building” means the vertical distance from the average grade surrounding the building to the highest point of the roof, not including chimneys, spires, antennae or similar appurtenances.
(11) “Business services” means any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
(12) “Cemetery” means land used or intended to be used for the burial or internment of human dead.
(13) “Certificate of Zoning Compliance" means a certificate issued by the Zoning Inspector, confirming that the zoning requirements of this Planning and Zoning Code have been met, and the building can be occupied.
(14) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.
(15) “Conditional use” means an uncommon or infrequent use which may be permitted in specific zoning districts subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in Chapter 1141.
(16) “Congregate or group home” means a residential care facility in which not less than nine (9) but not more than sixteen (16) persons are provided with room, board, specialized care, rehabilitative services and supervision in a family environment.
(17) "Cul-de-sac" (see "Street")
(18) “Drive-through facility” means traffic lanes, drive-up windows and/or other physical accruements located on a business site which enable that business to provide goods or services to customers without such customers leaving his/her automobile.
(19) “Driveway” means a private road giving access from a public way to a detached single family dwelling on abutting ground or to a group of multi-family or commercial buildings.
(20) “Dwelling” or “residence” means any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
A. “Multiple-family dwelling” or “multiple-family residence” means a building designed or used as a residence for three or more families living independently and doing their own cooking therein.
B. “Single family dwelling” or “single family residence” means a building designed for or occupied exclusively by one family.
C. “Two-family dwelling” or “two-family residence” means a building designed for or occupied exclusively by two families living independently.
(21) “Easement” means a right or privilege of use of land, in whole or in part, as distinct from fee simple ownership.
(22) “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, 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, safety, or general welfare, but not including buildings.
(23) “Failure of delivery” means that a particular notice was not received, due to circumstances beyond the control of the Village, and does not include the lack of mailing of the subject notices in the matter specified in the Planning and Zoning Code.
(24) “Flood” or “flooding” means a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation of runoff of surface waters from any source
(25) “Flood plain” “means an area, as determined by the applicable Flood Insurance Rate Maps as subject to flood or flooding
(26) “Flood Insurance Rate Map (FIRM)” means an official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazards within the Village of Millersburg.
(27) “Floor area” of a building means the sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. Floor area shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.
(28) “Frontage” or “lot frontage” means that portion of the lot that directly abuts the street, and has direct access thereto. Lot frontage shall be measured along the minimum building setback line for the district within which such lot is located.
(29) “Garage, private” means a building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.
(30) "Group Residential Facility" means a community facility, licensed and/or authorized by the State of Ohio, which provides rehabilitative or habilitative services in a residential setting. There are two (2) classes of group residential facilities:
“Class I group residential facility" means any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a place for the care or rehabilitation of dependent or predelinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A Class I Type A facility contains more than five (5) residents, exclusive of staff. A Class I Type B facility contains five (5) or fewer residents, exclusive of staff.
"Class II group residential facility" means any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing: a halfway house providing residence for persons leaving correctional institutions: and residential rehabilitation centers for alcohol and//or drug abusers, provided that detoxification is expressly prohibited on such premises. A Class II Type A group residential facility contains more than five (5) residents, exclusive of staff. A Class II Type B facility contains five (5) or fewer residents, exclusive of staff.
(31) “Home occupation” means any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling's residential use. A home occupation must meet the standards and requirements specified Section 1173.02.
(32) “Hospital” means a building or structure containing beds for at least ten (10) patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
(33) “Hotel” or “motel” means a building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house operated on a membership basis.
(34) “Improvements” mean any addition to the natural state of land which increases its value or utility, including buildings, street pavements , sidewalks, crosswalks, water mains, sanitary sewers, storm sewers, landscaping, street lighting, street trees, public utilities, paved parking areas and other appropriate items.
A. “Site improvements mean the improvements made to the land outside the exterior limits of a structure or structures.
B. “Public improvements” mean all improvements financed entirely or in part by public funds or which have been dedicated to public use by plat, easement or deed of transfer.
(35) “Industrialized unit” means a building unit or assembly of closed construction that is fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, that requires transportation to the site of 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. “Industrialized unit” does not include a manufactured or mobile home as defined herein.
(36) “Institution” means an organization providing social, cultural, educational or health services to member agencies, organizations, and individuals, or to the general public.
(37) “Loading space” is a space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.
(38) “Lot” means a division of land separated from other divisions for purposes of sale, lease, or separate use, described on recorded subdivision plat, recorded map or by metes and bound, and includes the terms “plat” and parcel”.
A. “Corner lot” means any lot at the junction of and abutting on two (2) or more intersecting streets, where the angle of intersection is not more than 135 degrees.
B. “Lot coverage” means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
C. “Rear lot line” means that lot line which is opposite and furthest removed from the front lot line. In the case of a lot where the side lot lines meet at the rear of the lot (i.e., a triangular lot), the rear lot line shall be considered to be the point of intersection of the side lot lines. In the case of a corner lot, the rear lot line is opposite and furthest removed from the lot line considered to be the front lot line for purposes of computing the front yard depth.
D. “Side lot line” means the lot line running from the front lot line to the rear lot line. This line is also the line dividing two (2) interior lots.
E. “Lot of record” means any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder, Holmes County, Ohio, as of the effective date of this Planning and Zoning Code.
F. “Minimum area of lot” means the area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
G. “Lot width” is the width of a lot at the building setback line measured at right angles to its depth.
(39) “Manufactured home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, that conforms 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 has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
(40) “Manufactured home community” or “manufactured home park” means a development constructed primarily for manufactured homes, with continuing local management and special facilities for common use by residents. Typically, the land or lots upon which the manufactured homes are located will not be owned by the resident of the individual manufactured home.
(41) “Manufacturing” means any production or industrial process, including food processing, which combines one (1) or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse, or water-carried wastes.
(42) “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) feet in length, or, when erected on the site, is 320 or more square feet, that is built on a permanent chassis and is transportable in one or more sections, and does not qualify as a manufactured home or industrialized unit, as defined herein.
(43) “Modular home” means a non-site-built home that is certified as meeting the requirements of the State of Ohio Building Code for modular housing. For the purposes of this Resolution, once certified by the State of Ohio, modular homes shall be subject to the same standards as site-built homes.
(44) “Nonconforming use” means the use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this Zoning Ordinance.
(45) “Nonconforming building or structure” means a building or structure which was legally erected or located prior to the enactment of this Zoning Ordinance which does not conform with the development standards of the district in which it is situated, due to its location on the lot.
(46) “Nursery” or “Day care center” means a facility which temporarily assumes responsibility for more than six (6) children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a twenty-four hour day for a period of two (2) consecutive days.
(47) “Nursing home” includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.
(48) “Open space” means that part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoned property.
(49) “Ordinance”: As used herein, the term “this Ordinance” means this Planning and Zoning Code, also known as Part Eleven of the Codified Ordinances of the Village of Millersburg, Ohio.
(50) “Parking space (off-street)” means any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space conforms to the standards as specified in this Ordinance.
(51) “Parking area” or “parking lot” means any area other than street, drive, or alley, used or intended to be used for the storage of motor vehicles, with or without a fee.
(52) “Permanent foundation” means a permanent masonry, concrete or locally approved footing or foundation, to which a manufactured home may be affixed.
(53) “Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate facilities:
B. The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, and a length of at least twenty-two (22) feet at one point, and a living area of at least 900 square feet, excluding garages, porches, or attachments;
C. The structure has a minimum 4:12 roof pitch, conventional residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
D. The structure was manufactured after January 1, 1995;
E. The structure is not located in a manufactured home community or manufactured home park as defined herein.
(54) “Person” means any individual, corporation, company, business, partnership, association or legal entity.
(55) “Personal services” means any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.
(56) “Plan” means a drawing showing the proportion and relation of parts of improvements to each other and their surroundings.
A. “Construction plan” means a plan which gives information required to construct improvements including plan views, sections, profiles, details, quantities, reference specifications and standard drawings.
B. “Comprehensive Plan” means the long range plan for the desirable use of land and development of thoroughfares and public facilities, as adopted by Village Council.
C. “Development plan” means a site plan for a property along with the description of the physical development that is proposed on such site, as specified in Section 1151.08.
D. "Thoroughfare Plan" means the document now or hereafter adopted which sets forth the location, alignment and/or classification of existing and proposed streets. Such Thoroughfare Plan may be part of a Comprehensive Plan.
(57) “Plat” means a plan of a tract or parcel of land made by a surveyor registered in the State of Ohio showing public dedications, property lines, lot lines and such other information as is required herein.
(58) “Professional office” means the business office of a person or persons engaged in providing to the general public services of a professional nature such as legal, medical, accounting, and architectural services.
(59) “Recreational facilities” means public or privately-operated uses such as country clubs, golf courses, swimming pools, or other areas maintained for the purpose of providing active and passive recreation.
(60) “Residence” - see “Dwelling”.
(61) “Restaurant” means a business establishment where food and beverages are prepared and presented for human consumption on the premises.
(62) “Retail store” means a business establishment primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
(63) “Right-of-way” means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and bridges.
(64) “Sidewalk” means a paved portion of a street lying outside the curb lines or edge of pavement of a roadway, intended for pedestrian use.
(65) “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 the classification, according to the procedures and requirements of Section 1151.06.
(66) “Street” means the full width of the right-of-way between two (2) property lines, both paved and unpaved, intended to provide principal means of access to an abutting property. Streets shall be classified as follows:
A. "Arterial Street" means a street connecting Millersburg with outside activity centers and serving as the primary routes through and within the Village. Arterial streets carry the largest volume of traffic - over 5,000 vehicles per day ADT - usually on a continuous route. Service to the adjacent land is subordinate to the provision of travel service on arterial streets.
B. “Collector Street (Major)” means a thoroughfare which carries vehicular traffic from local streets to arterial streets, and is designed to accommodate 1,000 - 5,000 vehicles per day ADT.
C. “Collector Street (Minor)” means a thoroughfare which primarily carries vehicular traffic from local streets to major collector and arterial streets, and is designed to accommodate 500-1,000 vehicles per day ADT. .
D. “Cul-de-sac” means a short local street having but one end open for motor traffic and the other end terminated by a vehicular turn-around or back- around.
E. “Local Street” means a street on which the majority of the traffic originates or terminates in the abutting properties. These streets are designed to accommodate up to 500 vehicles per day ADT at low speeds.
F. “Private Street” means a strip of privately-owned land providing access to abutting properties.
G. “Public Street” means a strip of land providing public access to abutting property, as dedicated to the Village or Holmes County upon a plat which has been duly approved, filed and recorded in the Holmes County Recorder's Office.
H. “Service road” or “access road”means a minor street parallel to a thoroughfare to afford abutting property owners access to the thoroughfare at limited points.
(67) ”Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including among other things walls, buildings, and patios. The term “structure” shall include mobile or manufactured structures.
(68) “Structural alteration” means any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams, or girders.
(69) “Subdivision” means:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and where the lots resulting are not reduced below minimum sizes required by law, shall be exempted; or
B. The improvement of one (1)or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholds or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(70) "Survey" means the legal description of a property, with text and map, that precisely locates the property by referencing permanent monuments, markers and/or pins.
(71) “Use” means the purpose for which a building or land is arranged, designed, or intended, or for which such or building may be occupied or maintained.
(72) “Variance” means a modification from 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 action by the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(73) “Village” means the Village of Millersburg, Ohio.
(74) “Village Administrator” means the Village Administrator for Millersburg, Ohio.
(75) “Village Engineer” means the individual, firm or entity authorized to provide professional engineering input to the Village. Such authority may be vested in the Village Administrator.
(76) “Yard” means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general level of the graded lot upward.
A. “Front yard” means that portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the front of the building or structure.
B. “Rear yard” means that portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.
C. “Side yard” means that portion of a lot that is located between the side lot line and the nearest building or structure.
(77) "Zoning Inspector” means the zoning enforcement official of the Village appointed pursuant to Chapter 1131, who is charged with the enforcement of the Planning and Zoning Code.
(78) “Zoning permit” means an official statement certifying that a proposed building or use complies with all the provisions of Chapter 1133.
(79) “Zoning District” means a portion of the Village within which certain regulations and requirements or various combinations thereof apply under the provisions of Chapter 1153.
(80) “Zoning Map” means the map of the Village showing the various zoning districts, as established by the Planning and Zoning Code, together with all amendments subsequently adopted by Village Council.
(Ord. 2004-111. Passed 7-26-04.)
(Ord. 2004-111. Passed 7-26-04.)