As used in this Zoning Code, the word “shall” is mandatory and not directory, and the word “used” shall be deemed to include “designed, intended or arranged to be used.” In addition, as used in this Zoning Code:
(1) “Accessory use or structure.” A use or structure (such as a garage) incidental to the main use of the land or building owned by the same party. In commercial, institutional and industrial areas, parking lots are accessory uses.
(2) “Agriculture.” Shall include farming, dairying, pasturage, agriculture, horticulture, viticulture, animal and poultry husbandry and the processing and sale of agriculture products from land under same ownership. (See also “specialized animal raising and care”)
(3) “Alley” or “lane.” A public or private way not more than 20 feet wide, affording only secondary means of access to abutting property.
(4) “Alteration.” Any enlargement; addition; relocation; repair; remodeling; change in number of living units; development of or change in a sign; by painting or otherwise; or other change in a facility, but excluding painting except as provided above for signs; ordinary maintenance for which no building permit is required; and demolition or removal.
(5) “Animal and poultry husbandry.” The agricultural practice of breeding and raising of livestock.
(6) “Apartment house.” Has the same meaning as “multi-family dwelling”.
(7) “Automotive repair.” Includes the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) “Automotive sales.” The sale or rental of new or used motor vehicles or trailers.
(9) “Automobile service station” or “filling station.” A place where gasoline, kerosene, other motor fuel or lubrication oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises, or where repair or maintenance of motor vehicles is performed.
(10) “Automobile wrecking.” The dismantling or disassembly of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(11) “Basement.” A story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five feet above grade at any such entrance or exit.
(12) “Beginning of construction.” The incorporation of labor and material within the walls of a building; the incorporation of labor and materials at the site, lot or parcel where a building is to be constructed; the incorporation of labor and materials where land is to be used for purposes other than construction of a building; and the moving of dirt which alters the natural topography and drainage patterns of the area.
(13) “Board.” The Board of Zoning Appeals of the Village Of Mount Gilead, Ohio.
(14) “Boarding or lodging house.” A dwelling or part thereof where lodging is provided, with or without meals, for compensation, for more than three non-transient individuals.
(15) “Building.” Any structure constructed or used for residential, business, manufacturing or other public or private purposes, or accessory thereto, and includes tents, lunch wagons, dining cars and similar structures, whether stationary or movable.
(16) “Building, front line.” “Front Line of Building” means the line of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.
(17) “Building height.” “Height of building” means the vertical distance from the established average sidewalk grade, street grade or finished grade at the building line, whichever is the highest, to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
(18) “Building permit.” A document issued by the Zoning Inspector authorizing the construction of a new building or an addition to an existing building.
(19) “Building, principal.” “Principal building” means a building in which is conducted the main or principal use of the lot on which the building is situated.
(20) “Building setback.” The minimum distance prescribed by the Zoning Code between any property line and the closest point of the foundation or any supporting post or pillar of any related building or structure.
(21) “Business District, Central.” The “Central Business District” includes comparison and convenience shopping; professional, business, and financial services; public and semipublic uses and other activities of a comparable clean and compact nature which contribute to the economic and design of the area as determined by the Board.
(22) “Business District, Highway and General.” The “Highway and General Business District” includes commercial uses requiring locations on major thoroughfares and at their intersections. Highway uses include motels, service stations, and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not contribute to the design of unified commercial center.
(23) “Business services.” Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes or businesses.
(24) “Cellar.” A story partly underground and having more than half of its height below grade. A “cellar” shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories, or in computing floor area, or in calculating living area.
(25) “Cemetery.” Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes.
(26) “Child day care center.” Anyplace that provides day care or publicly-funded day care to 13 or more children at one time, or anyplace that is not the residence of the licensee or administrator, where child day care is provided to seven to 12 children at one time.
(27) “Child day care home, type A.” A permanent residence of the administrator licensed under Ohio R.C. Chapter 5104 in which child day care or publicly-funded child day care is provided for seven to 12 children at one time or for four to 12 children at one time if four or more children at one time are under two years of age.
(28) “Child day care home, type B.” A permanent residence of the provider regulated by Ohio R.C. Chapter 5104 in which child day care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. This type of home shall be considered a residential use of property permitted in all zoning districts in which residential uses are permitted.
(29) “Club.” A nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily as a business enterprise.
(30) “Commercial entertainment facilities.” Any activities conducted for gain which are generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.
(31) “Commission.” The Planning Commission of the Village of Mount Gilead.
(32) “Conditional uses.” Land uses only allowed in a zoning district after special consideration by the Planning Commission at an administrative hearing to determine whether the impact on the district or to adjacent landowners requires conditions be placed on the use. A “conditional use” is not considered to be a nonconforming use.
(33) “Condominium association.” The community association which administers and maintains the common property and common elements of a condominium.
(34) “Condominiums.” Include a building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist; however, for purposes of this chapter, residential condominiums are only heretofore defined. Commercial condominiums will be handled as any other commercial or business property.
(35) “Council.” The Village Council of The Village of Mount Gilead, Ohio.
(36) “Development Plan.” An application submission requirement concurrent with any requested S-1 or P-D Zoning Map amendment.
(37) “District.” A portion of the territory of the Village within which certain uniform regulations and requirements, or various combinations thereof, apply.
(38) “District, Zoning.” “Zoning districts” means administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the district map which is part of this chapter.
(39) “Drive-in commercial uses.” Any retail commercial use catering primarily to vehicular trade which provide services to patrons parked in off-street parking spaces or to vehicles lined up in stacking lanes, such as drive-in restaurants, drive-in theaters, drive-up and carry-out stores, and similar uses.
(40) “Dwelling.” A permanent building used primarily for human habitation, but not including mobile homes and facilities for the housing of transient residents.
(41) “Dwelling group.” A group of two or more detached dwellings located on a parcel of land having any yard or court in common.
(42) “Dwelling, multi-family.” “Multi-family dwelling” means a permanent building or portion thereof providing separate living accommodations for three or more families.
(43) “Dwelling, single-family.” “Single-family dwelling” means a permanent building, separate and free-standing in itself, providing living accommodations for one family.
(44) “Dwelling, Two-family.” “Two-family dwelling” means a permanent building designed for occupancy by two families.
(45) “Dwelling unit.” One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(46) “Essential services.” Those public services provided by the State, County or Village.
(47) “Family.” One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding or lodging house or hotel, as herein defined.
(48) “Food processing.” The preparation or processing of food products. Examples of activities included are bakeries and dairies.
(49) “Frontage.” All the property abutting on one side of a street, between intersecting or intercepting streets or between a street and right-of-way, waterway, or Village boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
(50) “Garage, private.” “Private garage” means a detached accessory building or a portion of the principal building used primarily for the storage of self-propelled passenger vehicles. Not more than one of the vehicles may be a commercial vehicle of more than two-ton capacity.
(51) “Garage, public.” “Public garage” means a space or structure for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles.
(52) “Group adult care facility.” Any residence, facility, institution, hotel, congregate housing project, or similar facility licensed pursuant to Ohio R.C. Chapter 3722 that provides accommodations and supervision to three to 16 unrelated adults, at least three of whom are provided: assistance with activities of daily living; assistance with self-administration of medication; or preparation of special diets pursuant to the instructions of a physician or a licensed dietitian.
(53) “Group foster home.” A private residence certified by the State of Ohio in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children non-secure care, supervision, or training 24 hours a day. Any certified foster home shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted.
(54) “Group home for the aging.” Any home or facility maintained for the purpose of providing skilled nursing care and medical supervision of persons requiring extended special care at a lower level than that available in a hospital and licensed under Ohio R.C. 3721.02 or 3721.09, including any part of a home for the aging licensed as a nursing home; or a facility or part of a facility, other than a hospital, that is certified as a skilled nursing facility under Title XVIII of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended; or a nursing facility as defined in Ohio R.C. 5111.20(M), other than a portion of a hospital certified as a nursing facility.
(55) “Group MR/DD residential facility.” A residential facility licensed under Ohio R.C. 5123.19 or otherwise regulated by the Department of Mental Retardation and Developmental Disabilities that provides room and board, personal care, habilitation services, and supervision in a family setting for at least six but not more than 16 persons with mental retardation or a developmental disability.
(56) “Height of Building.” See “building height” as defined in this section.
(57) “Highway, major.” A “major highway” means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(58) “Home occupation.” A residential accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small sign, not over four square feet in size, and in connection therewith there is not involved the keeping of a stock in trade. The office of a physician, surgeon, dentist or other professional person, including an instructor in individual musical instruments limited to a single pupil at a time who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be “home occupations;” and the occupations of beauty operator, with not more than one paid assistant, shall be deemed to be “home occupations.” Tourist homes, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted shall not be deemed to be “home occupations.” Borderline cases shall be ruled on by the Board of Appeals.
(59) “Hospital.” A building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria.
(60) “Hotel.” A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contra-distinction to a boarding house or a lodging house, which are herein separately defined.
(61) “House trailer.” Has the same meaning set forth in Chapter 1305.
(62) “Institution.” Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
(63) “Junk storage and sales.” Any lot, land or structure, or part thereof, used primarily for the collection, storage, or sale of waste paper, rags, scrap metal or salvaged or discarded material, or for the collecting, dismantling, storage or salvaging of machinery or vehicles not in operating condition, or for the sale of parts thereof.
(64) “Kennel.” Any structure or premises in which four or more dogs over four months of age are kept.
(65) “Legal counsel.” An attorney representing a municipality.
(66) “Loading space.” A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks.
(67) “Lot.” A piece, parcel or plot of land, including, but not limited to, a single platted lot, a portion of a platted lot or a combination of platted lots or portions of platted lots. “Platted lot” means a tract or parcel of land as designated on the official recorded plats of the Village.
(68) “Lot coverage.” The percentage of lot coverage shall be the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
(69) “Lot width.” The width of a lot at the building setback line measured at right angles to its depth.
(70) “Manufactured home.” 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, 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable Federal construction and safety standards. See also “permanently-sited manufactured home” as defined in this section.
(71) “Manufactured home park.” Any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. “Manufactured home park” does not include any of the following:
A. A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp, as defined in Ohio R.C. 3733.01;
B. A tract of land that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the local government authority;
C. A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation.
(72) “Manufacturing, general.” “General manufacturing” means any manufacturing or industrial production which, by the nature of the materials, equipment and process utilized, are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted in an “M-2” District shall comply with Section 1155.02 (Performance Standards), Chapter 1325 (Sign Regulations), and applicable regulations of the Ohio EPA.
(73) “Manufacturing, restricted.” “Restricted manufacturing” means any manufacturing or industrial production which, by the nature of the materials, equipment and process utilized, are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall comply with Section 1155.02 (Performance Standards), Chapter 1325 (Sign Regulations), and applicable regulations of the Ohio EPA, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: Drugs, sporting goods; processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment; research and testing laboratories, printing and engraving plants, bakeries or dairies.
(74) “Mineral extraction, storage and processing.” Any mining, quarrying or processing of limestone sand, gravel or other mineral resources.
(75) “Mobile home.” A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or when erected on site, is 320 or more square feet, built on a permanent chassis, and is transportable in one or more sections, and does not qualify as a “manufactured home” as defined by this section, or as an “industrialized unit.” Any vehicle designed or constructed so as to permit its being used as a conveyance upon the public streets or highways and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons, not capable of self-propulsion by engine and transmission as an integral part thereof.
(76) “Motel.” A building or group of buildings used for the temporary residence of motorists or travelers.
(77) “Motor vehicle.” Any powered vehicle which is required to be licensed by the State.
(78) “Nonconforming use.” A use of a building or land, lawful at the time of enactment of this Zoning Code, that does not conform to the permitted use provisions of this Zoning Code.
(79) “Off-street parking space.” 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 has an area of not less than 180 square feet, exclusive of access drives or aisles.
(80) “Performance standards.” Criteria established in the interest of protecting the public health and safety for the control of noise, odor, smoke or other nuisance which is generated by, inherent to, or incidental to land uses.
(81) “Permanently-sited manufactured home.” A manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent masonry, concrete, or another style of approved footing or foundation and is connected to appropriate facilities.
B. The structure, excluding any addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments, of at least 900 square feet.
C. The structure has a minimum 3:12 residential 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 park” as defined herein.
(82) “Personal services.” Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.
(83) “Planning Commission.” The Planning Commission of the Village of Mount Gilead.
(84) “Plant cultivation.” The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses.
(85) “Practical difficulties” A standard which must be met by requests for area variances, which involve an exception from such requirements as yard, lot, height, parking, and signage. The tests for determining whether the standard has been met and whether the area variance is justified are contained in Section 1137.10 (Variances).
(86) “Professional activities.” The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, and engineers.
(87) “Public service facility.” The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage disposal services.
(88) “Public Uses.” Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
(89) “Recreational facilities, commercial.” “Commercial recreational facilities” means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race tracks, carnivals and similar commercial enterprises.
(90) “Recreational facilities, noncommercial.” “Noncommercial recreational facilities” means private and semi-public recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools.
(91) “Semi-public uses.” Institutional, academic, and community service uses conducted by, or a facility or structure owned or operated under, private nonprofit ownership or control. Such uses include: educational, cultural, recreational, religious, charitable, or philanthropic types of public services, including: churches, Sunday schools, parochial, private and public schools, colleges, hospitals, cemeteries, civic buildings, community buildings and uses, museums, art galleries, libraries, parks, and other services and institutions of a similar nature.
(92) “Service station.” Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles 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.
(93) “Sign.” Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
(94) “Sign, freestanding.” “Freestanding sign” means any sign supported by structures or supports that are placed on, or anchored in, the ground, and that are independent from any building or other structure.
(95) “Specialized animal raising and care.” The use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets, and the stabling and care of horses, animal kennels, pigeon raising and raising of any other domestic or laboratory animals or birds of a similar nature.
(96) “Standard equipment.” A criterion for the control of the type and placement of industrial equipment.
(97) “Story.” That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if it is used for living quarters or if two-thirds of its volume is above the average level of the adjacent ground.
(98) “Street.” Any public or private way dedicated to public travel. “Street” includes “road,” “highway” and “thoroughfare.”
(99) “Street line, right-of-way line.” 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.
(100) “Structural alteration.” Any change in the structural members of a building, such as walls, columns, beams or girders.
(101) “Structure.” Anything constructed, the use of which requires permanent location on the ground or an attachment to something having a permanent location on the ground.
(102) “Thoroughfare, primary or secondary.” “Primary or secondary thoroughfare” means a Federal or State numbered highway or County or other road or street designated as a primary thoroughfare, or a County or other road, street or alley designated as a secondary thoroughfare, respectively.
(103) “Tourist home.” A building or part thereof, other than a boarding house, lodging house, hotel or motor hotel, where lodging is provided by a resident family in its home, for compensation, mainly for transients.
(104) “Unnecessary hardship.” A term that applies to use variances and means that the owner, unless granted a variance, will be unable to use the property for the purposes for which it is zoned and in effect, because of the character of the property, it cannot be used and the result would be a taking. As long as economically viable alternatives are available, “unnecessary hardship” is not established merely because one's property can be put to a more profitable use.
(105) “Use.” The purpose or activity for which a building, structure or land is occupied or maintained.
(106) “Variance.” A modification of the strict terms of this Zoning Code, where such variance will not be contrary to the public interest, where the need for such variance is not based upon the actions of the applicant, and where a literal enforcement of this Zoning Code would result in unnecessary and undue hardship. As used in this Zoning Code, a “variance” is authorized only for height, area or size of structures, for size of yards and open spaces, or for the required number of off-street parking spaces. The establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in an adjoining zoning district.
(107) “Yard.” An open space on the same lot with a principal building, open, unoccupied and unobstructed by buildings except as otherwise provided in this Zoning Code. Specifically:
A. “Yard, front.” “Front yard” means the yard extending across the entire width of the lot between the principal building and the right-of-way line or street line which the building faces.
B. “Yard, rear.” “Rear yard” means the yard extending across the entire width of the lot between the rear lot line and the nearest part of the principal building.
C. “Yard, side.” “Side yard” means the yard extending along the side lot line from the front yard to the rear yard and lying between the side lot line and the nearest part of the principal building.
(108) “Zero Lot Line.” A development approach in which a building is sited on one lot with no side yard on one side.
(109) “Zoning Certificate.” A document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with this Zoning Code and for the purpose of carrying out and enforcing its provisions.
(110) “Zoning Inspector.” The Zoning Inspector of the Village or his or her authorized representative.
(111) “Zoning Map.” The official Zoning Map of the Village, together with all amendments thereto.
(Ord. 1054. Passed 12-2-85; Ord. 1584. Passed 9-17-07.)