For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. See USE, ACCESSORY.
AGRICULTURE. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry, and the necessary accessory uses for packing, treating or stocking the produce; provided, that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals. A use shall be classified as agricultural only if agricultural is the principal use of the land.
ALTERATIONS. As applied to a building, a change or rearrangement in the structural or in the exit facilities, or an enlargement whether by extending on a side or by increasing in height, or the moving from one location or position to another.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
APARTMENT HOUSE. A building arranged, intended or designed to be occupied by three or more families living independently of each other.
ARCHITECTURAL PROJECTIONS. Open structures such as porches, canopies, balconies, platforms, carports, covered patios, and similar architectural projections shall be considered part of the building to which attached and shall not project into the required minimum front, side, or rear yard.
AREA, BUILDING. The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
AREA, NET SIZE. The total area within the property line excluding external streets.
AWNING or CANOPY. A roof-like cover, either permanent or temporary in nature that provides protection from the elements.
BASEMENT. A story partly underground but having at least one-half of its height above the average level of the adjoining ground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet or if used for business or dwelling purposes.
BED AND BREAKFAST INN. An owner occupied, single-family residential dwelling in which rooms are rented to paying guests on an overnight basis and breakfast only is provided; the entire service is to be included in one stated price.
BOARD. The Zoning Board of Appeals of the Village of Oak Harbor, Ohio.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE or DORMITORY. A building or part thereof, other than a hotel, motel or restaurant where meals or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
BREEZEWAY. A roof only open passage connecting two or more buildings.
BUILDING. Any structure having a roof supported by column or by walls and intended for the shelter, housing or enclosure of persons, animals or chattel.
BUILDING ACCESSORY. A subordinate building on a lot, the use of which is customarily incidental to that of the main or principal building.
BUILDING, DETACHED. A building surrounded by open space on the same lot. A building connected to another building by a breezeway or similar connection is considered a detached building.
BUILDING, FRONT LINE OF. The line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
BUILDING, HEIGHT. The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between the eaves and ridge for gable, hip and gambrel roofs.
BUILDINGS, PRINCIPAL. A building or group of buildings in which is conducted the main or principal use of the lot on which such buildings are situated.
CANOPY. See AWNING.
CELLAR. A story partly underground and having more than one-half of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.
CHILD DAY-CARE. Administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the 24 hour day in a place or residence other than the child's own home. The following are child day-care facilities:
(1) CHILD DAY-CARE CENTER. Any place in which child day-care is provided, with or without compensation, for 13 or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for 7 to 12 children at any one time. In counting children for purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(2) TYPE A FAMILY DAY-CARE HOME. A permanent residence of the administrator in which child day-care is provided for 4 to 12 children at any one time, if four or more children are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term TYPE A FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(3) TYPE B FAMILY DAY-CARE HOME. A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises of the Type B home shall be counted. The term TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
CLUBS, MEMBERSHIP. An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
CODE. The codified Zoning Ordinance of the Village of Oak Harbor, Ohio.
COLLOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.
COMMUNITY RENTAL FACILITIES. An establishment primarily providing space for group meetings, assembly rooms, banquet halls, meeting rooms, church and religious assembly areas; and may engage in the preparation and serving of meals and/or beverages to either the private membership of the establishment or to groups or individuals on a prearranged and contractual basis.
CONDITIONAL USE. See definition at USE, CONDITIONAL.
CONDOMINIUM. A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all of the owners on a proportional, individual basis.
COURT. An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
COURT, INNER. A court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable.
COURT, OUTER. A court enclosed on not more than three sides by exterior walls of a building, or by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.
COVERAGE. That percentage of the plot or lot area covered by the building area.
CURB LEVEL. The officially established grade of the curb in front of the mid-point of the lot.
DENSITY. A unit of measurement; the number of dwelling units per acre of land.
(1) GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.
(2) NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DWELLING. A building designed or used as the living quarters for one or more families. The terms DWELLING, SINGLE-FAMILY DWELLING, TWO-FAMILY DWELLING, or DWELLING GROUP shall not be deemed to include motel or rooming house. A manufactured home shall be considered a dwelling if all of the following requirements have been met:
(1) The manufactured home was manufactured after January 1, 1995.
(2) The manufactured home is affixed to a permanent foundation and is connected to appropriate facilities.
(3) Excluding any addition, the manufactured home has a width of at least 22 feet at one point and a depth of at least 22 feet at one point.
(5) The manufactured home has a minimum 3:12 roof pitch.
(6) The manufactured home has conventional residential siding and a six-inch minimum eave overhang.
(7) The manufactured home is not in a manufactured home park.
(8) If the manufactured home has been constructed with tow bars, wheels, axles, or other equipment for moving, such wheels shall be completely removed.
(9) The requirements of the zoning district the manufactured home is located.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family and separated from other dwelling units by open space.
DWELLING, TWO-FAMILY. A building consisting of two dwelling units which may be either attached side by side or above the other.
DWELLING, MULTIPLE. A building consisting of three or more dwelling units.
DWELLING, UNIT. A building or portion thereof providing complete housekeeping facilities for one family.
FAMILY. One or more persons living, sleeping, cooking, and eating on the same premises as a single housekeeping unit.
FARM. Any parcel of land containing at least five acres which is used for the raising of agricultural products, livestock, poultry and dairy products. It includes necessary farm structures and the storage of equipment used subject, however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables or dog kennels.
FILLING STATION. See definition for GASOLINE STATION.
FLOOR AREA.
(1) The sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior faces of exterior walls or from the centerline of the walls separating two buildings. In particular, the FLOOR AREA of a building or buildings shall include:
(a) Basement space;
(b) Elevator shafts and stairwells, at each floor;
(c) Floor space for mechanical equipment, with structural headroom of providing structural headroom of 7½ feet or more;
(d) Interior balconies and mezzanines;
(e) Enclosed porches; and
(f) Accessory uses, not including space for accessory off-street parking.
(2) However, the FLOOR AREA of a building shall not include:
(a) Cellar space, except that cellar space used for retailing shall be included for the purpose of calculating requirements for accessory off-street parking spaces and accessory off-street loading berths;
(b) Elevator and stair bulkheads, accessory water tanks and cooling towers;
(c) Floor space used for mechanical equipment, with structural headroom of less than 7½ feet;
(d) Attic space, whether or not a floor has actually been laid, providing structural headroom of less than 7½ feet;
(e) Uncovered steps;
(f) Terraces, breezeways and open spaces;
(g) Accessory off-street parking spaces; and
(h) Accessory off-street loading berths.
FUNERAL HOME. A building used for the preparation of the deceased for burial and the display of the deceased and ceremonies connected therewith before burial or cremation.
GARAGE, PRIVATE. A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers or boats of the occupants of the premises and wherein:
(1) No more than one space is rented for parking to persons not resident on the premises;
(2) No more than one commercial vehicle per dwelling unit is parked or stored; and
(3) The commercial vehicle permitted does not exceed two tons capacity.
GARAGE, PUBLIC. Any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles of other motor vehicles.
GARAGE, STORAGE. A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles and in which no service shall be provided for remuneration.
GASOLINE STATION. Any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing or otherwise servicing motor vehicles, but not including painting thereof by any means.
GRADE, FINISHED. The completed surfaces of lawns, walks, and roads brought to grade as shown on official plans or designs relating thereto.
HOME OCCUPATION. An occupation or a profession which:
(1) Is customarily carried on in a dwelling unit or in a building or other structure accessory to a dwelling unit containing 600 square feet or less;
(2) Is carried on by a member of the family residing in the dwelling unit;
(3) Is clearly incidental and secondary to the use of the dwelling unit for residential purposes; and
(4) Which conforms to the following additional conditions:
(a) The occupation or profession shall be carried on wholly within the principal building or within a building or other structure accessory thereto.
(b) No more than 25% of the total floor area of the dwelling unit shall be used in the conduct of the home occupation.
(c) No more than one person outside the family shall be employed in the home occupation.
(e) No offensive noise, vibrating, smoke, dust, odors, heat or glare shall be produced.
HOSPITAL. Unless otherwise specified, the term HOSPITAL shall be deemed to include sanitarium,
sanatorium, preventorium, clinic, rest home, nursing home, convalescent home and any other place for the diagnosis, treatment or other care of human ailments.
HOSPITAL, ANIMAL. An establishment for the medical or surgical care of sick or injured animals.
INDUSTRIAL UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient, and when installed constitutes the structure or part of a structure, except for preparations for its placement. This unit is approved by the Ohio Department of Industrial Relations and meets the requirements of the Ohio Basic Building Code, § 4010:2-98. The applicant shall submit evidence that the unit is approved by the Ohio Department of Industrial Relations.
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment of public use.
KENNEL. A structure used for the harboring, grooming, breeding, boarding, training or selling of more than three domestic animals that are more than six months old.
LATTICE TOWER. A support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
LINE, STREET. The dividing line between the street and the lot.
LIVING AREA. The total square footage of usable living floor space within the defined areas created by the walls of a dwelling. Such area does not include open patios, open terraces or courts, open breezeways, outside steps, garages or carports.
LOT. A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with such yards, open spaces, lot width and lot area as are required by this Zoning Code and having not less than the minimum required frontage upon an improved public street or an approved private street, either shown and identified by lot number of a plat of record or considered as a unit of property and described by metes and bounds.
LOT, CORNER. A lot which has an interior angle of less than 135 degrees at the intersection of two street lines. A lot abutting upon a curbed street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
LOT, COVERAGE. The ratio of ground floor area of all buildings and structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT, DEPTH OF. A mean horizontal distance between the front lot line and the rear lot line, measured in a general direction parallel with its side lot lines. Unless otherwise specified, length shall be measured from the street line. Lot length and lot depth have the same meaning.
LOT, FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of YARDS in this section.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT LINES. Any line dividing one lot from another.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT, THROUGH. A lot having frontage on two parallel or approximately parallel streets.
LOT, WIDTH OF. The mean width measured at right angles to its depth.
MANUFACTURED HOME. Any non-self- propelled vehicle transportable in one or more sections, which in the traveling mode, is eight body feet or more in width, or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used for human habitation with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and outer projections containing interior space, but do not include bay windows.
MINI STORAGE BUILDING. A building not over 20 feet high measured to the peak, providing one or more separate storage spaces of not over 300 square foot area each, with individual outside access, for rental to the public for storage of nonhazardous personal goods.
MOBILE HOME. See definition for MANUFACTURED HOME.
MONOPOLE. A structure constructed of a single, self-supporting hollow metal tube securely anchored to the foundation.
MOTEL, HOTEL and APARTMENT HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such it is open to the public in contradistinction to the boarding house, rooming house, lodging house, or dormitory which is herein separately defined.
MOTOR VEHICLE REPAIR SHOP. A building, or portion of building, arranged, intended or designed to be used for making repairs to motor vehicles.
NONCONFORMING USE. A building, structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district or zone in which it is situated.
NURSING HOME. A home or facility for the care or treatment of the aged.
OPEN SPACE. An unoccupied space open to the sky on the same lot with the building.
PARKING SPACE. An off-street space available for the parking of one motor vehicle with room for opening the doors on both sides together with properly related access to a public street or alley and maneuvering room.
POOLS, PRIVATE SWIMMING. Any pool or open tank, not located within a completely enclosed building, and containing or normally capable of containing water to a depth at any point greater than 1½ feet.
PROFESSIONAL SERVICES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers, accountants and similar professions.
PUBLIC USES. Public parks, schools, and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
RECREATIONAL VEHICLE. A vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public or private 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, landscaping, viaducts, and bridges.
SATELLITE DISH ANTENNAS.
(1) May also be referred to as EARTH STATIONS or GROUND STATIONS, the term shall mean one or a combination of two or more of the following:
(a) COAXIAL CABLE. The purpose of which is to carry or transmit such signals to a receiver.
(b) LOW-NOISE AMPLIFIER. Situated at the focal point of the receiving component and the purpose of which is to magnify, store, transfer or transmit electronic light signals.
(c) 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 extra-terrestrial sources.
(2) Such items are permitted to be an accessory building and shall be subject to the requirements within this section. The following applies specifically to SATELLITE DISH ANTENNAS:
(a) No dish greater than three feet in diameter shall be permitted on the roof or elevated platform of any building on the lot.
(b) The height of any dish may not exceed 15 feet or the height of any building on the lot, whichever is lessor.
(c) A zoning permit must be filed and approved with the village before construction can begin.
(d) A dish shall not be located in the front yard.
SERVICE STATION. See definition for GASOLINE STATION.
SETBACK. The minimum distance from the edge of the road right-of-way to the building line measured along a line perpendicular to the edge of the road right-of-way or front property line, or in the case of an arc street, measured along the radius of such arc, defining the limits of the yard in which location of buildings or structures are restricted. For lots abutting on a thoroughfare as shown on the major thoroughfare plan for the village, the setback shall be measured from the proposed right-of-way line specified for that thoroughfare on the major thoroughfare plan for the village.
SIGN. Any letters, pictorial representation, symbol, flag, emblem, illuminated or animated device, displayed in any manner whatsoever, which directs attention of persons to any object, subject, place, person, activity, product, service, institution, organization or business.
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 be no floor above it, then the space between any floor and the ceiling next above it.
STORY, HALF. A story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than two feet above the floor of such story.
STORY, HEIGHT OF. The vertical distance from the top surface of the ceiling joists.
STREET. A public or private way which affords the principal means of vehicular access to abutting properties.
STREET LINE. The right-of-way line of any road, street, or highway as proposed on the major thoroughfare plan of the village, as amended. All setback distances on the Zoning Map shall be measured from the street line.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment to something having location on the ground.
TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.
TOURIST CABINS. A group of buildings, including either separate cabins or a row of cabins which contain living and sleeping accommodations for transient occupancy, and which have individual entrances.
USE. The specific purpose for which land or a building is designed, arranged, intended or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.
USE, ACCESSORY. A use incidental to the principal use of a building. In buildings restricted to residential use, the office of a professional person, customary home of occupations and workshops shall be deemed accessory uses.
USE, CONDITIONAL. A use of land that is of such a nature that its unlimited operation could be detrimental to the health, safety, morals and general welfare of residents in the surrounding area or to the property or property values, and on which the public has reserved the right to permit the use, subject to certain general and specific conditions stated in the resolution which are deemed necessary to protect the permitted uses of other affected properties.
VARIANCE. A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
WAY. A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. A structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
WIRELESS TELECOMMUNICATIONS TOWER. A structure, intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
YARD. An unoccupied space open to the sky, on the same level with a building or structure.
YARD, FRONT. An open unoccupied space on the same lot with a main building, extending across the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. Covered porches whether enclosed or unenclosed shall be considered as part of the main building and shall not project into a required front yard. The front yard shall be designated by the street address.
YARD, REAR. An open unoccupied space on the same lot with a main building, extending across the full width of the lot and situated between the rear line of the lot and rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, and the rear line of the building. If there is an alley, the depth of the rear yard shall be measured between the nearest edge of the alley right-of-way and the rear line of the building.
YARD, SIDE. An open unoccupied space on the same lot with a main or accessory building situated between the building and the side line of the lot and extending from the front yard to the rear yard.
ZONING CODE. The officially adopted zoning regulations as contained in this chapter.
(Ord. 8-96, § 102.01, passed 5-20-96; Am. Ord. 44-98, passed 2-1-99; Am. Ord. 33-99, passed 12-7-99; Am. Ord. 27-2002, passed 1-6-03; Am. Ord. 16-2009, passed 10-19-09; Am. Ord. 09-2022, passed 12-5-22)