For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense include the future, the singular number includes the plural and the plural the singular. The meaning of words used in this chapter when they are not defined herein, shall be the meaning given those words by the latest edition of Webster's New Collegiate Dictionary.
ACCESSORY STRUCTURE. A subordinate structure detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main structure or use.
ACCESSORY STRUCTURE OR USE. A subordinate use of a structure customarily incident to, and located on the same lot, with the main use or structure. Satellite dish antennas are to be treated as accessory structures.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
BASEMENT. A story all or partly underground but having at least stone half of its height below the average level of the adjoining ground.
BILLBOARD. An advertising sign having more than 100 square feet of display surface either erected on the ground or attached to or supported by another structure.
BUILDING. Any structure having one or more stories and a roof, designed primarily for the shelter, support or enclosure or persons, animals, or property or any kind. BUILDING includes the word STRUCTURE and included advertising signs, tents, lunch wagons, dining cars, camp cars, or other structures on wheels or other supports and used for business, commercial or living purposes.
BUILDING HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip or gambrel roofs.
BUILDING LINE OR FRONT YARD LINE. A line on or back of the street line between which line and the street line no building or portion thereof, except as provided in this chapter, may be erected above the grade level. The building lines, street lines, and center lines of streets mentioned herein are considered vertical planes intersecting the ground on these respective lines.
CELLAR. That portion of a building below the first-floor joists at least half of whose clear ceiling height is below the mean level of the adjacent ground. A cellar shall not be used for calculating the number of square feet for required habitation.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the village showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals. Conditional uses permitted in each district are listed in the Official Schedule of District Regulations.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
CONSTRUCTION DUMPSTER. Any roll-off or similar unit intended for the collection of large quantities of trash, garbage, housewares, building or construction debris, yard waste, or trees and limbs. Such units are commonly designed to be delivered and collected by a roll-off truck. CONSTRUCTION DUMPSTER does not include any garbage can that can be moved by an individual or any rubbish dumpster.
CONVALESCENT, BOARDING OR NURSING HOME. Refers to such home conducted with the aged or mentally or physically infirmed within any abode, building, institutional residences, or of three or more persons who, by reason of age or mental or physical infirmities, are not capable of properly caring for themselves or who are 65 years of age or upwards, and for which a license has been issued by the Department of Public Welfare of the State of Ohio.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DEVIL STRIP. That portion of a street right-of-way between the edge of the pavement, if the street is paved, or the driving surface of a dirt or gravel road, and the street right-of-way line nearest that edge. (See STREET RIGHT-OF-WAY LINE OR ALLEY LINE)
DUMPSTER BAG. Any large bag intended for the collection of large quantities of trash, garbage, housewares, building or construction debris, yard waste, or trees and limbs, and designed to be picked up by a truck.
DWELLING. Any building or structure (except a house trailer or mobile home as defined by R.C. § 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
DWELLING UNIT. Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
(1) DWELLING INDUSTRIALIZED UNIT. 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 a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.
(2) DWELLING MULTI-FAMILY. A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing and industrialized units.
(3) DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY). A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(4) DWELLING, SINGLE-FAMILY. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.
(5) DWELLING, TWO-FAMILY. A dwelling consisting of two dwelling units which may be either attached side by side or one above the other, each unit having a separate or combined entrance or entrances.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
FAMILY. Any number of individuals regularly living, cooking and eating together as a single house-keeping unit on the premises.
FLOOD PLAIN. That land, including the flood fringe and the flood way, subject to inundation by the regional flood.
FLOODWAY. That portion of the flood plain, including the channel, which is reasonably required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
FLOODWAY FRINGE. That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
FLOOR AREA OF A NON-RESIDENTIAL BUILDING (TO BE USED IN CALCULATING PARKING REQUIREMENTS). The floor area of the specified uses excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and similar areas.
FLOOR AREA OF A RESIDENTIAL BUILDING. The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
FLOOR AREA, USABLE. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.
FRONTAGE. Street frontage is the length of the line separating the property from the street upon which it abuts and street frontage line is parallel to the street center line.
GARAGE.
(1) CAR LOT. A place where the primary business is the buying and/or selling of new and/or used motor vehicles.
(2) PRIVATE GARAGE. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:
(a) Not more than one space is rented for parking to person not resident on the premises;
(b) No more than one commercial vehicle per dwelling unit is parked or stored;
(c) The commercial vehicle permitted does not exceed two tons capacity.
(3) PUBLIC GARAGE. A building or space, other than a private garage, used for storing or repairing motor vehicles.
GRADE LEVEL. The average elevation of the curb directly in front of the main building, but where no such curb level has been established by the municipality, the level of the ground at the middle of the traveled portion of the street shall be considered the equivalent of the curb level. When the street wall of the building is back more than ten feet from the street line, the average grade level of the lots adjoining on each side, if higher than the curb level, shall be considered the grade level for the building and lot.
GASOLINE SERVICE (FILLING) STATION. A place where motor vehicle fuels or lubricants are offered for sale to the public.
HOSPITAL. Any building or structure containing beds for at least four patients and devoted to the medical diagnosis, treatment, and care of human ailments.
HOTEL. A building in which lodging is offered or provided to the public for compensation and which is open to transient guests.
INDUSTRIAL PARK. An area of land in which a variety of industrial facilities may be accommodated in a planned environment under more flexible standards, such as lot size and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such a development contains requirements in addition to those normally required, such as building design principles and landscaping plans.
JUNK YARD. Any place using more than 25 square feet of land, building, or structure, privately or commercially, where waste, discarded or salvaged materials such as scrap metals; used building materials, lumber, glass, discarded motor vehicles, paper, rags, rubber, barrels, etc., are sold, stored, bought, exchanged, baled, packed, sorted, disassembled, dismantled or handled.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
LOT. A parcel of land occupied or intended to be occupied by one main building and the accessory buildings and uses customarily incident to such main building and including such open spaces as are provided, or as required in this chapter. This may or may not coincide with a lot of a recorded subdivision. Includes the word PLOT. For the purposes of this chapter, a LOT is a parcel of land of sufficient size to meet 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, or on an approved private street, and may consist of: (1) A single lot of record; (2) A portion of a lot of record; (3) A combination complete lots of record, or complete lots of record and portions of lots of record, or of portions of lots of record.
(1) SIDE LINE. Any lot line other than a front line or a rear line.
(2) SIDE LINE OF A CORNER LOT. The line lying along the narrower or less important street, unless the lot is a sub-lot in a recorded subdivision and is clearly intended to front on the narrower street.
LOT COVERAGE. 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.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under yards in this section.
LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT MEASUREMENTS. A lot shall be measured as follows:
(1) Depth. The distance between the mid-points of straight lines connecting the foremost points of the side lot line in front and the rear most points of the side lot lines in the rear.
(2) Width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building set back lines.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Terminology used in this chapter with reference to corner lots, interior lots and through lots is as follows:
(1) CORNER LOT. A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines at the foremost point of the lot meet at an interior angle of less than 315 degrees.
(2) INTERIOR LOT. A lot with only one frontage on a street.
(3) REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(4) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
MAIN BUILDING. The building or space occupied by the chief use or activity on the premises.
MOBILE HOME. Any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitations, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding gross weight of 4,500 pounds and overall length of 30 feet.
MOBILE HOME PARK. Any site, or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
NON-CONFORMING USE. A use of a building or premises that does not comply with the use regulations of a district in which it is located.
OPEN SPACE. An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environment features, water areas, swimming pools, and tennis courts, any other recreational facilities that the Planning (Zoning) Commission deems permissive. Streets, parking areas, structure for habitations, and the like shall not be included.
PARKING SPACE, OFF-STREET. For the purpose of this chapter, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
PLANNED UNIT RESIDENTIAL DEVELOPMENT. A planned, integrated, residential development of at least 20 acres where minimum lot size and dwelling type may be modified somewhat to achieve particular design objectives and the economical provision of open space and utilities while maintaining the same overall density limitations of the district in which the planned unit residential development is located and complying with other pertinent requirements of this chapter and site design requirements of the Planning and Zoning Commission.
POULTRY. Domestic fowl for human consumption.
PUBLIC NOTICE. Of a hearing or procedure means notice of the time and place thereof published in one issue of a newspaper of general circulation in the municipality at least three days before the hearing, plus posting in the Municipal Building.
PUBLIC USES. Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
RESIDENCE.
(1) MULTI-FAMILY DWELLING. A building designed and used exclusively for housing three or more families living independently of each other.
(2) SINGLE-FAMILY DWELLING. A dwelling entirely detached and independent of any other structure and arranged intended or designed to be occupied by a single family.
(3) TWO-FAMILY DWELLING. A detached dwelling arranged intended or designed to be occupied by two families.
RUBBISH DUMPSTER. Any large front load or rear load waste receptacle intended for trash and garbage and designed to be picked up by and emptied directly into a garbage truck.
SET BACK LINE. A line established by this chapter generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in this chapter.
STREET RIGHT-OF-WAY LINE OR ALLEY LINE. The lot line dividing the lot from, respectively, a street or an alley.
SUITE, EFFICIENCY. A one room dwelling unit (See DWELLING UNIT).
SWIMMING POOL. An artificial body of water or receptacle for water, permanent or portable, filled or capable of being filled with water a depth of 24 inches or more and used, or intended to be used, for swimming or recreational bathing.
(1) COMMERCIAL SWIMMING POOL. An artificially contained body of water, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming, whether or not any fee is imposed, and includes all structures, equipment, and other facilities intended for the operation and maintenance of a swimming pool.
(2) PRIVATE SWIMMING POOL. One maintained by an individual for the sole use of his household and guests without charge or the purpose of profit and not in connection with any business operated for profit, located as an accessory use on the same lot as his residence.
THOROUGHFARE, STREET, OR ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular service access to the back or side of properties abutting on another street.
(1) ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
(2) ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
(3) COLLECTOR STREET. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
(4) CUL-DE-SAC. A local street of relatively short length, with one end open to traffic and the other end terminating in a vehicular turnaround.
(5) DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(6) LOCAL STREET. A street primarily for providing access to residential or other abutting property.
(7) LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
(8) MARGINAL ACCESS STREET. 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.
TREES. Trees are herein defined as trees, shrubs, bushes, and all other woody vegetation on land lying between property lines on either side of all streets, avenues, or ways within the village.
USE. The specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
USED CAR LOT. Any lot on which two or more motor vehicles which have been previously titled in a name other than the manufacturer or dealer, are in operating condition and offered for sale or displayed to the public.
VARIANCE. Any variance is 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.
YARD. An existing or required space on the same lot with the main building and lying along the adjacent lot line, or street line, open and unobstructed from the ground to the sky, except as other provided herein.
(1) FRONT YARD. The yard across the full width of the lot extending from the building or front yard line to the street line.
(2) INTERIOR SIDE YARD. A side yard not abutting a street line.
(3) REAR YARD. A yard across the full width of the lot immediately to the rear of the main building. It is the yard accessible to the rear entrance and used, or to be used, as a rear yard. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. It may or may not be on the opposite side of the building from the front yard.
(4) SIDE YARD. The yard along the side line of a lot and extending from the front yard to the rear yard thereof.
ZONING PERMIT. A document issued by the village authorizing certain activities, the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. passed 12-11-90; Am. Ord. 17, passed 3-19-97; Am. Ord. 2018-80, passed 11-20-18; Am. Res. 2019-61, passed 6-19-19; Am. Ord. 2019-62, passed 8-21-19; Am. Ord. 2020-36, passed 6-3-20)