Words used in this Planning and Zoning Code are used in their ordinary English usage. Certain words and phrases used in the Planning and Zoning Code shall be further defined have the meaning herein indicated:
(1) “Abandon” means a failure to use or occupy a building, use, structure or motor vehicle for a period of time.
(2) “Access connection” means a private roadway used to permit access to and use of an otherwise inaccessible parcel after crossing another parcel by means of an easement. Access drives do not constitute legal frontage.
(3) “Access drive” means any connection to a street that permits access to or from street by vehicles, cars, trucks, buses, bicycles, pedestrians or motorcycles, for the purpose of accessing the street.
(4) “Accessory Building” means a subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is customarily incidental to the principal building or use and which is constructed subsequent to the principal building or principal use of the land, such as but not limited to a detached garage, storage shed, etc.
(5) “Accessory Use” means a use located on the same zoning lot with the principal or main use of a building, other structure or land, but incidental to the main building or land use.
(6) “Adult Family Homes” means a residence or facility, as defined and regulated in in Chapter 5119.70 of the Ohio Revised Code, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.
(7) “Agricultural building” means any building (other than a dwelling) located on the same lot with and accessory to an agricultural use and used solely in connection with such agricultural operations.
(8) “Agriculture” means any agricultural use such as and including, but not limited to, farming, dairying, pasturage, animal and poultry husbandry, growing crops, horticulture, floriculture, viticulture and greenhouses, but excluding kennels, stockyards, and slaughter houses.
(9) “Appeal” means a request to review a decision of or interpretation by the Zoning Inspector or other authorized body relative to the administration of this Planning and Zoning Code.
(10) “Applicant” means the owner of the land proposed for application of a zoning permit or to be subdivided, or his representative. The authority of the representative shall be established to the satisfaction of the Planning Commission. Consent to subdivide shall be required from the legal owner of the premises.
(11) “Application” means a formal submission by an applicant to obtain permits or approval pursuant to this Planning and Zoning Code and in such form and containing complete information, plans and specifications required by this Title and as may be required by this code.
(12) “Assembly Hall, Meeting Place” means an establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
(13) “Association, homeowners” means an association or organization, whether or not incorporated, which operates under and pursuant to recorded covenants or deed restrictions, through which each owner or a portion of a subdivision - be it a lot, parcel site, unit plot, condominium, or any other interest - is automatically a member as a condition of ownership and each such member is subject to a charge or assessment for a prorated share of expense of the association which may become a lien against the lot, parcel, unit, condominium, or other interest of the member.
(14) “Attic” means that part of a building next below the roof, but above the ceiling of the uppermost story, not used as living area.
(15) “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(16) “Automotive sales” means the sale or rental of new or used vehicles or trailers.
(17) “Automotive salvage” means the dismantling, storage, sale, or dumping of used motor vehicles, trailers or parts thereof.
(18) “Barn” means an accessory agricultural building for the storage or shelter of farm animals, poultry, agricultural products, machinery and vehicles used in farming conducted on the premises. See also agricultural building.
(19) “Basement or cellar” means that portion of a building between floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade and not used as a living area.
(20) “Bed and breakfast” means a single-family dwelling which is a principal residence occupied by the owner that offers sleeping accommodations in four or fewer rooms as transient lodging and one meal are provided for compensation.
(21) “Billboard” means an off-premise sign.
(22) “Block” means all that part of one side of a street which is between two intersecting streets, and a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, rights-of-way, shorelines, waterways, or boundary lines.
(23) “Boarding house” means a private residence that provides accommodations and meals for compensation to individuals for more than thirty (30) consecutive days.
(24) “Boat” includes all watercraft which are required to be registered by the State of Ohio and their trailers.
(25) “Bond” means any form of surety bond in an amount and form satisfactory to the Village Council and the Village Solicitor.
(26) “Buffer” means a naturally vegetated area or vegetated area along the exterior boundaries of an entire development processed in accordance with a subdivision application which is landscaped and maintained as an open space or conservation area in order to eliminate or minimize conflicts between such development and adjacent uses.
(27) “Building” means any structure, designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind.
(28) “Building, accessory” (See Accessory Building.)
(29) “Building, front line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors, bay windows and covered porches and projections thereof, whether enclosed or unenclosed, but does not include steps or roof overhangs.
(30) “Building line” means establishing a line the width of the lot, parallel with the frontage, at the nearest point of the principal building.
(31) “Building, multi-level” means any building which has more than one level separated by a complete story for family occupancy above grade level.
(32) “Building, one level” means any building which has only one level for family occupancy above grade level.
(33) “Building, principal” means a building in which is conducted the main or principal use of the lot on which said building is situated.
(34) “Building, split-level, bi-level, or tri-level” means any building which uses levels for family occupancy not separated by a complete story in vertical elevation.
(35) “Building, type” means the designation of a building as a one-level, multi-level, split-level, bi-level or trilevel structure.
(36) “Bulk” means the size of a building or structure and the location of same with respect to one another, and including the height and area of buildings.
(37) “Business” means an occupation, employment, or enterprise which occupies time, attention, labor and materials, wherein merchandise is exhibited or sold, or where services are offered or provided.
(38) “Business services (business activity)” means 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.
(39) “Carport”. A completely covered automobile parking space not completely enclosed by walls or doors.
(40) “Cemetery” means the land used or intended to be used for the burial of human or animal dead.
(41) “Child Day Care” means the administrating to the needs of infants, toddlers, pre- school children and school children outside of school hours by persons other than parents or guardians, custodians or relatives by blood, marriage or adoption or any part of the 24-hour day, in place or residence other than a child’s home.
(42) “Clinic” means an establishment where patients who are not lodged overnight are admitted for examination and treatment.
(43) “Club” means a building or portion thereof or premises owned or operated by a corporation, association, person, or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(44) “Commercial Recreation, Indoor” means a facility primarily used for the indoor conduct of, or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery or shooting range, soccer field or basketball court.
(45) “Commercial Recreation, Outdoor” means any outdoor commercial activity that is related to the sports industry such as outdoor commercial swimming pools, miniature golf, golf courses, driving ranges, archery or shooting range, soccer field, volleyball court, basketball court and similar activities.
(46) “Common ownership” means ownership by the same person, corporation, limited liability company, firm, entity, partnership, or unincorporated association; or ownership by different corporations, limited liability companies, firms, partnerships, entities, or unincorporated associations, in which a stockholder, partner, or associate, or a member of his family owns an interest in each corporation, limited liability company, firm, partnership, entity, or unincorporated association.
(47) “Comprehensive Plan” means the plan adopted by the North Perry Village Council, or any part, amendment, supplement or replacement thereof, which establishes goals, objectives and policies of the Village and shows the general location and extent of present and proposed physical facilities including residential, commercial and industrial uses, streets, parks, recreational areas, conservation areas and schools.
(48) “Conditional Use” means an uncommon, unique or infrequent use which shall not be permitted by right but may be permitted in certain districts under specific conditions after the issuance of a conditional use permit by the Planning Commission after making a determination for conformance with the procedures and standards established in this Planning and Zoning Code.
(49) “Conditional use zoning permit” means a permit granted by the Planning Commission and thereafter issued by the Zoning Inspector for the use of land, buildings, and other structures not otherwise permitted in any zoning district under conditions and stipulations set forth in this Planning and Zoning Code.
(50) “Congregate living facility” means a facility designed to give personal or intermediate care to the elderly. This facility is not necessarily a state licensed facility but provides the following: living quarters, meals, limited health care, housekeeping, laundry service, recreation and limited supervision.
(51) “Construction drawings” means an engineered drawing to scale showing the general exterior and interior design and dimensions and architectural features of a structure, including below ground foundations and support members.
(52) “Construction Equipment” means Equipment usually associated with the building trades for construction of all structures.
(53) “Construction plans” means the maps or drawings accompanying a subdivision plat and showing the specific location and design of improvements to be installed in the subdivision.
(54) “Conveyance” means a warranty deed, quit-claim deed or any other legal document intended to transfer title of a parcel of real property from one person, corporation or legal entity to another.
(55) “Corner lot” means a lot located at the intersection of two or more streets, or a lot located on a distinct curve in a road which has at least 45 degrees of curvature.
(56) “Council” means the Council of the Village of North Perry, Ohio.
(57) “Crematory facility” means a facility at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incarceration facility or a solid waste incineration facility.
(58) “Cul -de-sac” (See Street, cul-de-sac.)
(59) “Development Plan” means a plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas, and any other features that comprise a proposed development that are further defined in Chapter 1107 and which demonstrate a development’s compliance with this code.
(60) “District” means any portion of the Village for which zoning regulations govern the use of buildings and premises and the height and size of buildings or structures located thereon.
(61) “Driveway” means a vehicular travel way used to provide access from a street to dwelling units; retail, commercial or industrial activities; and other uses including community facilities.
(62) “Dwelling, Single-family” means a detached dwelling designed for and to be occupied exclusively by one family which has the main entrance to its living quarters at ground level.
(63) “Dwelling” means any building or portion thereof, excepting basements or cellars, which is designed for or used for residential purposes. A basement or cellar of an incomplete building shall not be a dwelling. Any building or structure (excepting mobile homes, coach or house trailer, and any recreational vehicle) wholly or partly used or intended to be used for human habitation, including permanently sited manufactured homes is a dwelling.
(64) “Dwelling Unit” means one or more rooms 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 (1) family.
(65) “Easement” means written authorization by a property owner for the use by another person of a designated part of such owner's property for a specified purpose.
(66) “Emergency care center” means a facility which provides diagnostic, minor surgical, therapeutic or other medical care and treatment on an out-patient basis
(67) “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, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, 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 and welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.
(68) “Family” means one individual, any number of individuals related by blood, adoption or marriage plus no more than two (2) unrelated individuals, or not more than four (4) unrelated individuals occupying a single dwelling unit, and living as a single housekeeping unit, but not including groups occupying a hotel or motel as herein defined.
(69) “Family Day Care Home, Type B” means s permanent residence in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Planning and Zoning Code, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted.
(70) “Fence” means steel, chain, mesh, wood, plastic, or vegetative barrier or divider.
(71) “Final plat” means the final map, drawing or chart on which the subdivider's plat of the subdivision is presented to the Planning Commission for approval and subsequent recording by the County Recorder and which complies with Chapter 711 of the Ohio Revised Code.
(72) “Financial institution” means banks, savings and loan associations, mortgage companies, credit unions and small loan companies.
(73) “Finished grade” means the mean elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet of the foundation wall.
(74) “Flag Lot” means a parcel of land that is generally situated behind a lot or lots fronting on a street or roadway, where the parcel of land does not have the required road frontage as per these regulations, but does maintain road frontage along the width of the access strip and is only accessible from the road over an access strip that is owned in fee simple.
(75) “Flag Lot Access Strip” means the portion of a flag lot that provides direct access to the public street, often referred to as the flagpole or stem because of its narrow shape.
(76) “Fleet vehicle” means a group of cars, trucks, vans, and/or other vehicles, including motorized equipment, owned or leased by a business, government agency or other organization, and which is used as part of the entity’s operations, but not including a privately owned customer or employee vehicle.
(77) “Flood plain” means that land, including floodway and floodway fringe, subject to inundation by a periodic flood.
(78) “Floor area” means the sum of the gross horizontal area of the several floors or levels of a dwelling normally used for family occupancy, excluding basements, workshops, garages, terraces, breezeways, carports, decks, attics, porches, business service area and clubs. Floor area for nonresidential buildings shall mean the gross horizontal area, measured from the exterior faces of a structure, and excluding any area utilized as a dwelling.
(79) “Frontage, street” means of width of contiguous land between property lines abutting upon a dedicated and accepted road or right-of-way. On a corner lot, the frontage is measured along the road or right-of-way that is nearest the direction the primary building faces.
(80) “Full Access Drive” means an entrance/exit allowing complete use of all possible turning movements.
(81) “Funeral home” means a building or part thereof used for human funeral services, and which may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies;
D. The storage of funeral vehicles; and
E. A funeral chapel. A funeral home does not include a crematory facility.
(82) “Funeral service” means providing services associated with a funeral home.
(83) “Garage, private” means a detached accessory building, or attached portion of a principal building or dwelling for use as a storage area of vehicles and/or as a storage or work area or hobby area for accessories, equipment, tools and hobby activities.
(84) “Garage, public” means a building or portion thereof, other than a private or storage garage designed or used for the business of equipping, servicing, repairing, hiring, selling or storing vehicles, recreation vehicles, motor-driven vehicles, watercraft, trailers, and accessories.
(85) “Garage, storage, or parking” means a building or portion thereof designed or used exclusively by prearrangement for term storage of trailers and vehicles, as distinguished from daily storage furnished transients and within which motor fuels and oils may be sold but no trailers and vehicles are equipped, repaired, hired or sold.
(86) “Gasoline filling station, service station” means 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.
(87) “Grade finished” means the elevation of the surface of the ground of any parcel of land after construction of buildings, parking, driveways, streets, the completion of all landscaping and all other improvements.
(88) “Grade, natural” means the elevation of the natural, undisturbed surface of the land.
(89) “Grade, street” means the center line elevations and gradient of the proposed street.
(90) “Grading” means the excavating, filling, or stockpiling of earth material, or any combination thereof, including the land in its excavated or filled condition.
(91) “Height, building” means the vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the coping in the case of a flat roof, and to the mean height between the eaves and ridge in the case of a pitched roof.
(92) “Height, structure other than a building” means the vertical distance measured from the finished grade to the highest point of the structure.
(93) “Heavy Manufacturing” means manufacturing, processing, assembling, storing, testing, and similar industrial uses which are major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and which generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.
(94) “Home occupation” means any use customarily conducted in a dwelling, basement and/or private garage and carried on by the inhabitants thereof and no more than two employees who are not occupants of such dwelling as their permanent residence, which use is clearly incidental and secondary to the primary use for dwelling purposes and does not change the character thereof.
(95) “Hotel (motel)” means a building or part thereof, containing ten or more guest rooms where lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than thirty (30) days.
(96) “Indoor entertainment facility” means any facility that provides activity conducted indoors for gain which is generally related to the entertainment field, such as motion picture theaters, musical performances, dancing, and related uses. This term does not include adult entertainment uses.
(97) “Industrial assembly” means the business of fitting together of manufactured parts into a marketed product where there are no polluting by-products.
(98) “Industrial by-product” means something produced in addition to the principal or intended product.
(99) “Industrial fabrication” means the business of forming, shaping, or constructing manufactured parts into an item where by-products are limited to sections or dropoff/cuttings from the item.
(100) “Institution” means a building occupied by a non-profit corporation or a non-profit establishment for public use.
(101) “Junk” means dismantled or wrecked automobiles or parts thereof, or inoperable vehicles old or scrap copper, brass, rope, rags, batteries, paper, rubber, iron or steel and other scrap.
(102) “Junk yard” means any building and/or open space where waste or discarded materials are stored, processed or sold.
(103) “Kennel” means any lot or premises on which four (4) or more domesticated animals of more than four (4) months of age are housed, groomed, bred, boarded, trained or sold and which may offer provisions for minor medical treatment.
(104) “Lake” means a body of water artificially formed by either excavation or by holding water behind a dam with a surface area greater than one (1) acre.
(105) “Landscaping” means the aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative features, composed mostly of green/living vegetation.
(106) “Laundromat” means an establishment providing home-type washing, drying or ironing machines for hire to be used by customers on the premises.
(107) “Level” means any floor of a building other than a basement, all of which lies in the same horizontal plane throughout.
(108) “Loading space (loading dock)” means a space within the main building or on the same lot therewith providing for the standing, loading or unloading of trucks. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(109) “Lot” means, for purposes of these regulations, 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:
A. A single lot of record;
B. A portion of a lot of record; or
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(110) “Lot line adjustment” means the movement or relocation of one property line between two or more existing adjacent parcels where the land taken from one parcel is added to an adjacent parcel and where a greater or lesser number of parcels than originally existed are not thereby created.
(111) “Lot line” means the boundary of a lot that separates it from adjoining lots, public land, private land, common, public, or private open space, and public or private roads.
(112) “Lot” means a tract, plot, or parcel of land of sufficient size to meet minimum zoning requirements for use.
(113) “Lot of record” means a lot under one ownership shown as a separate unit on the last preceding tax roll of the Lake County, and either as a separate lot on a subdivision plat recorded in the office of the County Recorder or a lot described by metes and bounds on a deed or instrument of conveyance, the description of which has been so recorded.
(114) “Lot pins (boundary markers)” means points identified and set in place by a registered surveyor to define a written description of property boundaries.
(115) “Lot split” (See Minor Subdivision.)
(116) “Lot width” means the width of a lot at the building setback line measured at right angles to its depth.
(117) “Lot , corner” means a parcel of land or plot abutting upon two (2) or more streets at their intersection.
(118) “Lot, double frontage” means a parcel of land or plot having a frontage on two (2) intersecting or nonintersecting streets as distinguished from a corner lot.
(119) “Lot, minimum size or minimum area” means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(120) “Maintenance or Repair” means maintenance or repair to correct any decay, deterioration, or damage to an architectural feature and to return the feature to its condition prior to such decay, deterioration, or damage. Maintenance or repair that changes the material or design of an external architectural feature is an alteration as defined above. Repainting a painted surface is ordinary maintenance and neither the act nor the colors are subject to review.
(121) “Manufactured home” means a building unit or assembly of closed construction that is fabricated in an offsite 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.
(122) “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is three hundred and twenty (320) or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a Manufactured Home as defined in this Zoning Code.
(123) “Model home” means a dwelling unit constructed within a new subdivision used initially for display purposes, which typifies the type of units that will be constructed in the subdivision and which will not be occupied as a residence during its use as a model.
(124) “Modification” means a waiver to the strict terms of the Subdivision Regulations granted by the Planning Commission in their review of a proposed major subdivision.
(125) “Motor vehicle” means any vehicle that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires.
(126) “Non-commercial recreational facility” means private and semi-public recreational facilities which are not operated for profit.
(127) “Nonconforming building” means any structure, lawfully designed and constructed prior to the enactment of this Planning and Zoning Code or any amendment hereto, which does not now comply with all of the regulations of this Planning and Zoning Code or of any amendment hereto governing bulk for the zoning district in which such structure is located.
(128) “Nonconforming lot” means a lot existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
(129) “Nonconforming use means the use of a building or land existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto became effective but which does not conform to the main or accessory use regulations of the district in which it is located.
(130) “Notice of non-compliance” means a notice issued by the Zoning Inspector acting as the administrative assistant to the Planning Commission informing the applicant for approval of a subdivision that a required Plat or Plan is not in compliance with the regulations and that the applicant may not apply for preliminary Plat approval.
(131) “Noxious Matter” means any matter or material which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well-being of humans.
(132) “Odorous Matter” means any matter or material that yields an odor which is offensive in any way.
(133) “Office Use” means a place of employment generally characterized by white collar workers utilizing desks, communication equipment and desk top publishing equipment to perform services such as legal, insurance, architecture, CPA, and other occupations generally not warranting a high pedestrian traffic.
(134) “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.
(135) “Open Space” means that portion of a lot or tract not covered by an impervious surface.
(136) “Outdoor Dining” means dining out of doors as an accessory use to an indoor restaurant.
(137) “Outdoor Storage” means the storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours.
(138) “Overhang” means that portion of a building which horizontally extends beyond the building walls of the first story of such building.
(139) “Owner” means the record owners of the fee or a vendee in possession, including any person, group of persons, limited liability company or companies, firm or firms, corporation or corporations, or any other legal entity having legal title to or sufficient proprietary interest in the land sought to be subdivided.
(140) “Parking area (parking lot)” means that area which is set aside for the parking of motor vehicles on any premises and must conform to the off-street parking regulation of the district in which it is located
(141) “Parking space” means a portion within a parking area which is designated for the parking and placement of one (1) motor vehicle.
(142) “Permanently sited manufactured homes” means a manufactured home that meets all of the criteria set forth in Chapter 1125.
(143) “Person” means an individual, firm, partnership, corporation, company or association.
(144) “Personal services” means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, valet service, watch repair, barber shops, beauty parlors and related activities.
(145) “Places Of Worship, Church” means structures and other indoor or outdoor facilities used for public worship and related educational, cultural, and social activities.
(146) “Plan” means a map of a tract or parcel of land.
(147) “Plat” means a map or drawing of a tract or parcel of land or portion of a tract or parcel of land certified by a registered surveyor, on which the developer’s subdivision plan is presented to the Planning Commission and Village Council for approval and which complies with these regulations, the Ohio Administrative Code Chapter 4733-37 and Chapter 711 of the Ohio Revised Code.
(148) “Plan, preliminary” (See Preliminary Plan.)
(149) “Plat, Final” (See Final Plat.)
(150) “Pond” means a body of water artificially formed by either excavation or by holding water behind a dam with a surface area of one (1) acre or less.
(151) “Preliminary Plan” means a map of a proposed subdivision prepared by a registered surveyor, engineer or architect submitted to the Planning Commission for its review and comment in accordance with these regulations, which may include other explanatory exhibits and text. Said preliminary plat, if accepted by the Planning Commission, shall provide the basis for proceeding with the preparation of the final plat of the proposed subdivision.
(152) “Public hearing” means a public proceeding held by the Planning Commission, Board of Zoning Appeals or Village Council proceeded by published notice and the public is invited to attend and be heard.
(153) “Public improvement” means any drainage ditch, roadway, parkway, sidewalk, pedestrian way, bicycle path, jogging trail, tree, lawn, off-street parking area, lot improvement, or other facility for which the local government may ultimately assume responsibility for maintenance and operation, or which may affect an improvement for which local government responsibility is established.
(154) “Public meeting: means a meeting of the Planning Commission, Board of Zoning Appeals or Village Council proceeded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
(155) “Recreational vehicle” means a vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses and includes travel trailers, motor homes, pick-up campers, motorized homes, folding tent trailers and similar vehicles.
(156) “Restaurant” means a retail service establishment wherein the entire or substantially all of the business activity consists of food for consumption within the building.
A. “Carry-Out Restaurant” means the retail service established where a substantial portion or the business activity is that of a carry-out service of food for consumption outside the building.
B. “Drive-In Restaurant” means the premises for the sale and service of food in motor vehicles, including those establishments where customers may serve themselves and they consume food on the premises either in the motor vehicle or in the building.
(157) “Retail Establishment” means an establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses.
(158) “Right-of-way” means a strip of land occupied or intended to be occupied by a street, crosswalk, bicycle path, jogging trail, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer, shade trees, or for any other special use. The usage of the term right-of-way for land platting purposes shall mean that every right-of-way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right-of-way and not included within the dimensions or areas of such lots or parcels.
(159) “Roadside stand” means a temporary building or structure designed or used for display or sale of agricultural or related items produced on the premises.
(160) “Rooming house” means a private residence that provides accommodations to individuals for compensation for more than thirty (30) consecutive days.
(161) “Satellite dish antenna” also referred to as Earth Stations or Ground Stations shall mean a signal receiving device (antenna, dish antenna, or dish-type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.
(162) “School” means a public school facility and building chartered by the Ohio Board of Regents or conforming to minimum standards prescribed by the State Board of Education and any private or parochial school certified by the State of Ohio which offers state-approved courses of instruction.
(163) “Scientific Research facility” means a place devoted to experimental study such as testing and analyzing.
(164) “Screening” means a structure erected or vegetation planted for the purpose of concealing from view the area behind it.
(165) “Setback” means a line established by this resolution parallel with and measured from the right of way defining the limits of a front yard, or side yard where a corner lot is involved, within which no above ground structures may be located.
(166) “Sewers, sanitary” means an approved sewage disposal system which provides a collection network and a centralized treatment facility.
(167) “Sewers, storm” means a system of culverts and pipes designed to remove storm water from the land and channel it to natural or manmade drainage courses.
(168) “Short term rental” means the rental of a single-family dwelling or portion thereof used for the purpose of providing lodging for periods of less than thirty (30) days. A short-term rental shall not include a houseswap or home-exchange arrangement.
(169) “Side yard” (See Yard, Side.)
(170) “Single Family Dwelling” (See Dwelling, Single-Family.)
(171) “Sketch (review plans)” means a preliminary layout and working drawing to an approximate scale which provides all the information necessary for the representation of all proposed and affected structures, boundaries, easements, utilities and waterways.
(172) “Small Residential Facility” means a home or facility, as defined and regulated in Ohio R.C. Section 5123.19, in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under Ohio R.C. Section 5126.05, or a dwelling in which mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living. A small residential facility shall be furthermore defined as a residential facility where there is supervision in a family setting of six (6) to eight (8) persons.
(173) “Solicitor” means the legal advisor to the Village.
(174) “Story” means that portion of a building included between the surface of a floor and the surface of the floor next above it or if there be no floor above it, then the space between the floor and the ceiling next above.
(175) “Street, road or thoroughfare” means the full width between property lines bounding every public way (including right of way) of whatever nature with a part thereof to be used for vehicular traffic and designated as follows:
A. “Street alley” means a way which provides a secondary means of access for vehicular traffic to the back or side of properties abutting on another street.
B. “Street, arterial major highway” means a general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. “Street, collector” means 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.
D. “Street, cul-de-sac, local” means a street having only one outlet of relative short length with one end open to traffic and the other end terminating in a vehicular turnaround for safe and convenient reversal of traffic movement.
E. “Street, dead-end (or temporary cul-de-sac)” means a street temporarily having only one (1) outlet for vehicular traffic and a temporary vehicular turnaround intended to be extended or continued in the future.
F. “Street, local” means a street primarily for providing access to residential or other abutting property.
G. “Street, marginal access” means a local or collector street, parallel and adjacent to an arterial or collector street.
(176) “Structural alterations” means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.
(177) “Structural height” means 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 for mansard roofs, and the mean height between eaves and the ridge for gable, hip and gambrel roofs.
(178) “Structure” means anything constructed or erected, the use of which requires permanent location on the ground or attachment to something having a permanent location on the ground.
(179) “Subdivider” means the owner of land proposed to be subdivided or its representative who is responsible for any undertaking that requires review and/or approval under these Subdivision Rules or any person who (1) having an interest in land, causes it, directly or indirectly, to be divided into a subdivision or who (2) directly or indirectly, sells, leases, or develops, or offers to sell, lease or develop, or advertises to sell, lease, or develop, any interest, lot, parcel site, unit, or plat in a subdivision, or, who (3) engages directly or through an agent in the business of selling, leasing, developing, or offering for sale, lease, or development a subdivision or any interest, lot, parcel site, unit, or plat in a subdivision, and who (4) is directly or indirectly controlled by, or under direct or indirect common control with any of the foregoing.
(180) “Subdivision” means either of the following, as set forth in Ohio R.C. 711.001:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax duplicate, 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 of land into parcels of more than five (5) acres not involving any streets or existing easements of access, and the sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites are exempt.
B. The improvement of one 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 public or private street(s) except private streets serving industrial structures; or the division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage or other similar facilities.
(181) “Subdivision, Major” means any one of the following:
A. Where one parcel is divided into two (2) or more parcels and involves the opening of a street, road or easement of access or the widening or extension of any street, road, or easement of access.
B. Where an original tract of land along an existing public street is divided into more than five lots, any one of which is less than five (5) acres.
C. Where there is a division or allocation of land as open spaces for common use by owners, occupants, or leaseholders or as easements for the extension and maintenance of public or private sewer, water, storm drainage or other similar facilities.
D. Any other division of land determined to be a subdivision but which is not otherwise classified as a minor subdivision.
(182) “Subdivision, Minor” means a division of a parcel of land along an existing public street, not involving the opening, widening, or extension of any public street, and involving no more than five lots, any one of which is less than five (5) acres, after the original tract has been completely subdivided.
(183) “Surveyor, registered” means a land surveyor properly licensed and registered in the State of Ohio.
(184) “Swimming pool means a pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
(185) “Temporary improvement” means improvements built and maintained by a Subdivider during the construction of the subdivision and prior to release of the performance bond.
(186) “Thoroughfare Plan” means the approved plan of thoroughfares which shall include but not be limited to highways, streets, roads, alleys, pedestrian ways, and bicycle pathways, adopted by the Village Council which includes any proposed opening, widening and extension of existing and proposed thoroughfares and how future thoroughfares shall be defined, installed, located, and traffic controlled.
(187) “Tract” means a lot. The term tract is used interchangeably with the term lot, particularly in the context or subdivision, where a tract is subdivided into several lots, parcels, sites, units, plots, condominiums, tracts or interests.
(188) “Trailer” means a vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and is drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semi-trailer and a vehicle of a dolly type such as are commonly known as a trailer dolly, a vehicle used to transport agricultural produce, and a vehicle that is designed and used exclusively to transport a boat.
(189) “Transient lodging” means a room or suite of rooms which is occupied not as a principal residence by persons for periods of less than thirty (30) consecutive days.
(190) “Truck” means motor vehicles required by the Bureau of Motor Vehicles to be registered as trucks and are of a body size greater than one ton.
(191) “Use” means the specific purposes for which land or a building is designated arranged or intended, or for which it is or may be occupied or maintained.
(192) “Variance” means a modification of the strict terms of the relevant regulations approved by the Board of Zoning Appeals 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.
(193) “Vehicle” means everything on wheels or runners, including motorized bicycles.
(194) “Village Engineer” means a Professional Engineer, Professional Surveyor or an appropriate person, as required.
(195) “Warehouse” means a business for the safekeeping of property, either for later use or for resale, within enclosed buildings.
(196) “Wholesale” means businesses involved in the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.
(197) “Width of a lot” means the mean width measured at rights angles to the depth.
(198) “Work/Live Unit” means space within a commercial building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use of the space as a place of work.
(199) “Yard” means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
(200) “Yard, front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building, sun parlor, bay windows, or any projections thereof other than the projections of the usual uncovered steps. uncovered balconies or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(201) “Yard, rear” means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building, sun parlors or bay windows, or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots, the rear yard shall be in the rear of the front yard.
(202) “Yard, side” means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and the side of the main building, sun parlors, bay windows or any projections thereto.
(203) “Zoning district map” means the zoning district map or maps of the Village together with all amendments subsequently adopted.
(204) “Zoning permit” means a type of authorization that must be granted by the Zoning Inspector before site improvements can be made, and before buildings and structures can be erected, moved, constructed, reconstructed, enlarged, or structurally altered.
(205) “Zoning Certificate of Compliance” means an official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon. (Ord. 19-10. Passed 11-7-19.)