As used in this chapter:
(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) “Alley” means a public right-of-way, which provides only secondary means of access to abutting property.
(5) “Apartment” (see “Multiple family dwelling”, subsection (18)A. hereof.)
(6) “Basement” means a story whose floor level is two (2) feet or more below grade level, but having less than half its clear height above grade level.
(7) “Bed and breakfast establishment” means a single-family dwelling or portion thereof, where short term lodging rooms and some meals are provided, and in which the owner of the dwelling lives on the premises.
(8) “Board” means the Board of Zoning Appeals of the City of New Lexington, Ohio, as established in the Charter and defined in Section 1107.03.
(9) “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.
A. “Height of building” means the vertical distance from the average grade surrounding the building to the highest point of the roof.
B. “Building area” means the horizontally projected area of the buildings on a lot, excluding terraces, unenclosed porches, and other open areas.
C. “Building line” means the front yard setback line established by this Zoning Ordinance 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 as provided by this Zoning Ordinance.
(10) “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.
(11) “Cemetery” means land used or intended to be used for the burial of human dead.
(12) “Certificate of Zoning Compliance” means a certificate issued by the Zoning Inspector, pursuant to Section 1109.04
, confirming that the requirements of this Ordinance have been met, and the building can be occupied or used.
(13) “City” means the City of New Lexington, a political subdivision in Perry County, Ohio.
(14) “Clinic, Human” means an establishment where patients who are not lodged overnight are admitted for examination or treatment by a physician or group of physicians.
(15) “Commission” means the Planning Commission of the City of New Lexington, Ohio, as established in the Charter of the City and defined in Section 1107.02.
(16) “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 1123.
(17) “Drive through facilities” mean a designated place, in conjunction with a retail or service establishment, from which persons can conduct the major portion of their business without leaving their motor vehicle.
(18) “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.
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.
(19) “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.
(20) “Failure of delivery” means that a particular notice was not received, due to circumstances beyond the control of the City, and does not include the lack of mailing of the subject notices in the manner specified in the Ordinance.
(21) “Family” means a person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, hotel or motel, dormitory, lodge or similar facility, provided, however that “family” shall not include more than four (4) persons unrelated to each other by blood, marriage or legal adoption, except for Class I Type B group residential facilities.
(22) “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.
(23) “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.
(24) “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:
A. “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 delinquent 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.
B. “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.
(25) “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.
(26) “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 in Section 1155.04.
(27) “Hospital” means a building or structure containing beds for at least four (4) patients allowing for overnight or continuous care diagnosis and treatment of human ailments.
(28) “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.
(29) “Institution” means an organization providing social, cultural, educational, religious or health services to member agencies, organizations, and individuals, or to the general public.
(30) “Lot” means a division of land separated from other divisions for purposes of sale, lease, or separate use, described on a recorded subdivision plat, recorded map or by metes and bounds, and includes the terms “plat” and parcel”.
A. “Corner lot” mans 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. “Through lot” means a lot fronting on two parallel streets.
C. “Rear lot line” means that lot line, which is opposite and furthest, removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten (10) feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the rear lot line is opposite and furthest removed from the front lot line of least dimension.
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 as in the Office of the Perry County Recorder as of the effective date of this Ordinance.
F. “Minimum lot area” 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.
(31) “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.
(32) “Manufactured Housing” shall mean any non-self-propelled vehicle transportable in one or more sections which, in the traveling mode, is eight (8) feet or more in width or forty (40) feet or more in length, or, when erected on the site, is 320 or more square feet, which is built on a permanent chassis and is designed to be used as a dwelling unit with or without a permanent foundation when connected to required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. In addition, such unit shall bear a label certifying that it is built in compliance with Federal Manufactured Housing Construction and Safety Standards (1974).
(33) “Manufactured Home Community” shall mean a development constructed primarily for manufactured homes, with continuing local general management and with special facilities for common use by occupants, including such items as common recreational buildings and/or common open space.
(34) “Manufactured Home Subdivision” shall mean a development constructed primarily for manufactured homes, in which each lot in the development is independently owned by the respective owners of the dwelling units located on such lots.
(35) “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 Ordinance, once certified by the State of Ohio, modular homes shall be subject to the same standards as site-built homes.
(36) “Mobile Home” shall mean a transportable, non-site-built dwelling unit designed to be used as a year-round residential dwelling, and built prior to the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Because mobile homes, as herein defined, were not constructed to accepted standards, such mobile homes shall not be considered as a permitted or conditional use in any zoning district within the City of New Lexington.
(37) “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.
(38) “Nursery” or “Day care center” means a facility, which temporarily assumes responsibility for more than four (4) 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.
(39) “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 them.
(40) “Open space” means that part of a zoned property, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.
(41) “Off-street parking space” 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 Chapter 1157.
(42) “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.
(43) “Person” means an individual, corporation, firm, partnership, association, organization, unit of government, or any other group that acts as a unit.
(44) “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.
(45) “Professional offices” means the offices which engage in the providing to the general public services of a professional nature such as legal, medical, accounting, and architectural services.
(46) “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.
(47) “Residence” - see “Dwelling”.
(48) “Restaurant” means a business establishment where food and beverages are prepared and presented for human consumption on the premises.
(49) “Retail stores” means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
(50) “Right-of-way” means a strip of land lying between property lines, wherein is located a street, thoroughfare, alley or easement dedicated or otherwise acquired for use by the public.
(51) “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 1123.02
.
(52) “Street” and “thoroughfare” means a public way for the purpose of vehicular travel, including the entire area within the right-of-way.
(53) “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.
(54) “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.
(55) “Telecommunication tower” means a freestanding or attached structure that exceeds thirty (30) feet in height and is used primarily for the placement of radio frequency transmission or reception equipment.
(56) “Use” means the purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon or may be occupied or maintained.
(57) “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.
(58) “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.
(59) “Zoning permit” means an official statement certifying that a proposed building or use complies with all the provisions of this Zoning Ordinance.
(60) “Zoning District” means a portion of the City within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.
(61) “Zoning District Map” means the Zoning District Map of the City, together with all amendments subsequently adopted by the City Council.
(62) “Zoning Inspector” means the zoning enforcement officer of the City, hired by the City Council who is charged with the duty of enforcing the provisions of the Zoning Ordinance. (Ord. 07-8. Passed 3-19-07.)