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(1) Above Ground Storage Tank: Is any tank, pipe or other vessel, used singularly or in combination, at least ninety percent (90%) of which is above the surface of the ground and used for materials holding, storage or containment.
(2) Accessory Building: Is a structure located on a lot under common ownership with the principal building, and which is secondary in importance to the main building. Accessory buildings shall include, but not be limited to, detached garages, storage buildings, tool and garden sheds and barns.
(3) Accessory Use: Is a use which is clearly incidental to, customarily found connection with, and located on the same zoning lot as the principal use to which it is related. An accessory use includes the following:
A. Residential accommodations for servants or caretakers.
B. Private swimming pools for use by occupants and their guests.
C. Domestic storage in a tool shed, barn or similar accessory building or other structure.
D. Gazebo or garden structures.
E. Storage or merchandise normally carried in stock in connection with a business or industrial use, unless such storage is excluded from the applicable provisions of this Ordinance.
F. Off-street parking spaces, open or enclosed, and subject to the off-street parking regulations for the district in which the lot is located.
G. Off-street loading, subject to the off-street loading regulations for the district in which the zoning lot is located.
H. Satellite dish antennas, subject to the regulations established for the district in which it is located. (Ord. 01-50. Passed 12-6-01.)
I. Rooftop solar power collection systems.
J. Rooftop wind turbines intended to reduce consumption of electrical utility power. (Ord. 09-34. Passed 6-25-09.)
(4) Acre: Is a parcel of land forty-three thousand five hundred and sixty (43,560) square feet in area.
A. Acre, Gross: Is an acre of land including one-half of the street right-of- ways and one-quarter of the street right-of-way at intersections, bordering the site.
(5) Adult Arcade, Adult Entertainment, Adult Entertainment Establishment, Adult Novelty Store, Adult Theater, Distinguished or Characterized by their Emphasis Upon, Nude or Seminude Model Studio, Regularly Features, Regularly Shown, and Sexual Encounter Establishment have the same meanings as in Section 2907.39 of the Ohio Revised Code.
(6) Adult Bookstore, Adult Cabaret, Adult Motion Picture Theater, Adult Video Store, Characterized by, Nude, Nudity, State of Nudity, Seminude, State of Seminudity, Sexual Device, Sexual Device Shop, Sexual Encounter Center, Specified Anatomical Areas and Specified Sexual Activity have the same meanings as in Section 2907.40 of the Ohio Revised Code.
(Ord. 10-34. Passed 8-5-10.)
(7), (8), (9), (10) (EDITOR’S NOTE: Former subsections (7) to (10) were repealed by Ordinance 10-34, passed August 5, 2010.)
(11) Alley: Is any dedicated public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
(12) (EDITOR’S NOTE: Former subsection (12) hereof was repealed by Ordinance 08- 18, passed May 15, 2008.)
(13) Apartment: Is a room or a suite of rooms in a multiple family dwelling unit as defined below:
A. Apartment, Efficiency: Is a dwelling unit containing not over six hundred and fifty (650) square feet of floor area, and consisting of not more than one (1) room in addition to kitchen, dining and bathroom facilities, and for the purpose of computing density shall be considered as a one (1) room unit.
B. Apartment, One Bedroom Unit: Is a dwelling unit containing a minimum floor area of at least one thousand (1,000) square feet of floor area, consisting of not more than two (2) rooms in addition to kitchen, dining and bathroom facilities, and for the purposes of computing density shall be considered as a one (1) bedroom dwelling unit.
C. Apartment, Two Bedroom Unit: Is a dwelling unit containing a minimum floor area of at least one thousand one hundred (1,100) square feet of floor area, consisting of not more than three (3) rooms in addition to kitchen, dining, and bathroom facilities and for the purpose of computing density shall be considered as a two bedroom unit.
D. Apartment, Three or More Bedroom Unit: Is a dwelling unit containing a minimum floor area of one thousand two hundred (1,200) square feet of floor area, consisting of not more than four (4) rooms in addition to kitchen, dining and bathroom facilities and for the purposes of computing density shall be considered as a three bedroom unit. For the purposes of computing density, a three- (3) bedroom unit shall be considered as a four-(4) room unit and each additional bedroom over three- (3) bedrooms shall be an increase in the room count.
(14) Applicant: Is a person or landowner that has submitted an application for review under applicable provisions of this Ordinance.
(15) Aquifer: Is a consolidated or unconsolidated geologic formation or series of formations that are hydraulically interconnected and that have the ability to receive, store, or transmit water to wells or springs.
(16) Architectural Style and Detailing: Is the style of architecture of a building distinguished by features such as, but not limited to: exterior materials and colors, roof pitch, size and shape of windows and doors, use of decorative features and other structural items.
(17) (EDITOR’S NOTE: Former subsection (17) hereof was repealed by Ordinance 08- 18, passed May 15, 2008.)
(18) Basement: Is the portion of a building between the floor and ceiling, which is partly below and partly above ground level, but so located that the vertical distance from grade to the floor below is greater than the vertical distance from the grade to the ceiling. A basement shall not be considered as a story.
(19) Beacon: Is any light with one or more beams directed into the atmosphere or detected at one or more points not on the same lot as the light source; also, any light with one or more beams that rotate or move.
(20) Bed and Breakfast: Is a dwelling other than a hotel or motel, where short-term lodging, rooms and meals are provided. The operator of the inn shall live on the premises.
(21) (EDITOR’S NOTE: Former subsection (21) hereof was repealed by Ordinance 08- 18, passed May 15, 2008.)
(22) Buffer: Is the area on the lot, generally adjacent to and parallel with the property line, either consisting of existing natural vegetation or created by the use of trees, shrubs, berms and or fences, and designed to limit views and sounds between adjoining land uses of different types and/or intensities of development.
(23) Building: Is any structure permanently affixed to the ground, having a roof supported by columns or walls and intended for the shelter, housing or enclosure of any person, process, equipment or goods.
A “building” shall not include such structures as billboards, fences, radio communication towers, or structures with interior surfaces not normally accessible for human use, such as oil or gas tanks, grain elevators, overhead cranes or similar structures.
(24) Building Alterations: Is any change, addition, or modification in construction or type of occupancy; or the structural members of a building, such as walls or partitions, columns, beams or girders; or any relocation of a building from one location or position to another, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
(25) Building Coverage: Is that part or percentage of the lot covered by buildings including accessory buildings.
(26) Building Height: Is the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between the eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
(27) Building Marker: Is any sign indicating the name of a building, date or any other incidental information about its construction, which sign is cut into the masonry surface or made of bronze or other permanent material.
(28) Building Setback Line: Is a line that defines the distance a building or other structure shall be set back from a lot line or street right-of-way line. In all cases the building lines of a lot shall run parallel to the right-of-way lines and lot line of a lot.
(29) Building, Principal: Is a structure on which the main or primary use of the lot is conducted, as contrasted to an accessory building in which uses are subordinate to the primary use of the zoning lot.
(30) Bulk Storage: Is the holding or containment of dry, semi-dry or liquid materials in large quantities, either packaged or loose, usually dispensed in smaller quantities for sale, use or consumption.
Large quantities is defined as “quantities greater than those associated with normal household use.” Normal household use is the amount of regulated substance a prudent person would have available in their home (or office) for performing routine cleaning, insect control, or use at a place of residence.
(31) Business Center: Is two (2) or more separate businesses located within the same or adjacent buildings on the same lot of record.
(32) Caliper Inches: Is the diameter of a tree trunk, measured in inches at a height of nine (9) inches above the root ball.
(33) City: Is the municipal corporation of the City of Ontario, Richland County, Ohio.
(34) (EDITOR’S NOTE: Former subsection (34) hereof was repealed by Ordinance 08- 18, passed May 15, 2008.)
(35) Common Open Space: Is an open space area within or related to a site designated as a development and designed and intended for the shared use or enjoyment of residents and owners of a development.
Common open space areas may include open fields, tree groves, wetlands, bodies of water, or a combination of land and water, within a development site designed and intended for the shared use and enjoyment of individuals using the development. Parking facilities serving activities in the open space area may be included in the required area computations. Common open space areas shall not include:
A. The total lot area used for one-family or two-family dwelling units.
B. The total lot area used for townhouse or apartment units, leased or sold.
C. A storm water retention basin required in connection with any residential, business or industrial development.
D. The total area of any lot or parcel used for business purposes, including parking facilities, whether or not the business building(s) are leased or sold.
E. An area of land devoted to street rights-of-way, parkways, driveways, off- street parking lots or service areas.
F. The total area of any lot or parcel used for public or quasi-public buildings or structures, including parking facilities.
(36) Conceptual Preliminary Plan: Is a preliminary engineered plan drawn to illustrate initial thoughts about a conceptual layout of open spaces, walking/bicycle paths, house lots and street alignments.
(37) Concession Stand: Is any structure, vehicle or trailer designed to display goods, objects, apparel or food for direct sale to the general public.
(38) Condominium: Is the absolute ownership of a dwelling unit in a multiple family building based on a legal description of the air space the dwelling unit actually occupies, and the undivided interest in the ownership of the common spaces which are owned jointly with other condominium owners such as hallways, stairwells, off-street parking facilities and outdoor landscape areas.
(39) Conifer: Any tree with needle foliage including, but not limited to, those representative species listed in Section 1145.12(e)(2) “Greenbelts.”
(40) Construction, Actual: Is the arrangement of construction materials in a permanent position and fastened in a permanent manner. Where demolition or removal of an existing building has been substantially begun preparatory to rebuilding, such demolition or removal shall be deemed to be actual construction, providing work will be carried out in a manner consistent with the provisions of the zoning certificate.
(41) Contamination: Is any substance introduced into ground water, degrading the quality of said water.
(42) Convalescent or Nursing Home: Is a building with sleeping rooms where persons are housed or lodged and are furnished with meals, nursing and medical care.
(43) Day Care Center: Is a building where non-medical care, and/or instruction, personal services, supervision or assistance are provided for a fee on a regular schedule, at least two (2) times a week to at least seven (7) and no more than twelve (12) children, including the children of the adult provider.
(44) Degraded Wetland: Is a wetland altered through impairment of some physical or chemical property which results in a reduction of habitat value or other reduction of functions (i.e. impoundment of flood waters).
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
(45) Density: Is the total number of dwelling units per net acre of land developed or used for residential purposes. Unless otherwise stated in this Ordinance, density requirements are expressed in dwelling units per net acre. (See subsection (4)B.)
(46) Deciduous: Is a shrub or tree with leaves that drop at the end of the growing season.
(47) Developer: Is the legal or beneficial owner or owners of a lot or of land proposed to be included in a development including the holder of an option or contract to purchase, or any other person having an enforceable propriety in such land.
(48) Development: Is the division of land into two (2) or more parcels; or the erection, construction, reconstruction, material structural alteration, relocation or enlargement of any building or structure; any excavation or cut and fill; or any use or change in use of any structure or land, or extension or increase in the use of land.
(49) Disturbed Wetland: Is a wetland directly or indirectly altered from a natural condition, yet retaining some natural characteristics.
(50) District: Is a portion of the incorporated area of the City of Ontario within which certain regulations and requirements or various combinations thereof apply under the provisions of this Ordinance.
(51) Drainage Area: Is the contributing area to a single drainage basin, expressed in acres, square miles, or other unit of area. The term “drainage area” may also be called catchment area, watershed or river basin, or the area served by a drainage system receiving storm and surface water or by a watercourse.
(52) Driveway: Is the paved, stone or gravel part of a lot used by a motor vehicle to travel over the lot to or from a public or private street.
(53) Duplex: Is a structure containing two (2) dwelling units.
(54) Dwelling: Is a building (except a manufactured home or mobile home as defined in this Ordinance) wholly or partly used or intended to be used for living or sleeping by one (1) or more persons and built on a site complying with the local zoning and building codes or built completely or partially off-site in compliance with the basic building codes of the State of Ohio for industrialized units or a permanently sited manufactured home.
(55) Dwelling Unit: Is a building or portion of a building providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.
(56) Dwelling Unit, One Family: Is a building designed exclusively for and occupied by one (1) family.
(57) Dwelling Unit, Two Family: Is a building designed exclusively for occupancy by two (2) families living independently of each other.
(58) Dwelling Unit, Multiple Family: Is a building or portion thereof, designed exclusively for occupancy by three (3) or more families, living independently of each other.
(59) Dwelling, Townhouse: Is a building containing three (3) or more dwelling units, each of which has primary ground floor access to the outside and which are attached to each other by a common wall without openings.
(60) Earth-Disturbing Activity: Is any grading, excavating, or filling of the earth’s surface where natural or man-made ground cover is destroyed and which may result in increased rate and/or volume or runoff and/or contribute to erosion and sediment pollution.
(61) Earthwork: Is excavated, piled and/or compacted soil, sometimes with rocks, such as a mound, pyramid, fortification, ditch or embankment.
(62) Easement: Is a right to use the land of another for a specific purpose, such as for a right-of-way or utility easement.
(63) Eating Establishments other than Fast Food Restaurants: Is a building serving food, drink, or other refreshments on dishware and utensils to patrons eating on or off the premises and not having a drive-in window.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
(63.1) (EDITOR’S NOTE: Former subsection (63.1) hereof was repealed by Ordinance 08-18, passed May 15, 2008.)
(64) Erected: Is built, constructed, reconstructed, altered, moved upon, or any physical operations on the premises which are required for construction. Excavation, fill, grading, drainage improvements will be considered a part of erection.
(65) Evergreen: Is a plant with foliage, needles; remains green and functional throughout the year.
(66) Escort Agency: Is a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip, or other consideration.
(67) Excavation: Is any excavation or disturbance of ground, except agriculture, farming or home gardening and landscape maintenance.
(68) Family: Is one or more persons or parents, living together as a single household unit in a dwelling unit.
(69) Festival (Carnival or Fair): Is a temporary public or commercial gathering where entertainment, food and/or crafts are offered for viewing or sale not otherwise listed as a permitted use or conditionally permitted use in any zoning district. Gatherings on public property under the sponsorship or control of the City are excluded.
(70) Five-year Time-of-Travel Zone: Is the area including the public water supply well fields delineated by the five- (5) year time-of-travel contour.
(71) (EDITOR’S NOTE: Former subsection (71) hereof was repealed by Ordinance 08- 18, passed May 15, 2008.)
(72) Flood: Is a general and temporary condition of partial or complete inundation of normally dry land areas.
(73) Floor Area, Gross: Is the area within the inside perimeter of the exterior walls of a building with no deduction for corridors, steps, open or enclosed porches, stairwells, closets, thickness of walls, columns or other features, exclusive of areas open to the sky.
(74) Floor Area Ratio: Is the gross floor area on all floors divided by the total site or land area proposed for development.
(75) Floor Area, Residential: Is, for the purposes of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas within the inside perimeter of the exterior walls of each story of the building or from the centerline of walls separating two buildings. The floor area measurements is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways, enclosed and unenclosed porches.
(76) Floor Area, Useable: Is the sum of the horizontal areas within the inside perimeter of the exterior walls of the several floors of the buildings intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. The floor area used or principally used for the storage or processing of merchandise, hallways, or for utilities or sanitary facilities shall be excluded from the computation of “Useable Floor Area.”
(77) Fraternal Organizations: Is a private club organized around a common interest or goal that is jointly supported meets periodically and providing recreational activities and/or meals for members and guests.
(78) Garage, Private: Is an accessory building or portion of a main building designed and used exclusively for the storage of automobiles, boats, vehicles owned and used by the occupants of the building or the incidental storage of personal property.
(79) Grade: Is the ground level established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building, if the finished grade is level. If the ground is not level, the grade shall be determined by computing the average elevation of the ground between each face of the building and the lot line, and taking the average of said total averages.
(80) Grade, Normal: Is construed to be: (1) the existing grade prior to construction, or (2) the newly established grade after construction, exclusive of any filling, berming, mounding, or excavating solely for the purpose of locating or erecting a sign.
(81) Greenbelt (Perimeter Landscape Strip): Is a continuous area of land along the edge of a lot where one or more rows of dense evergreens are used to serve as an effective buffer to ensure privacy, block visible commotion or reduce noise between residential lots and business or industrial properties. Whenever a greenbelt is required by this Ordinance, it shall be in place as soon as a building is occupied and shall thereafter be trimmed, maintained or replanted as needed to preserve its obscuring function.
(82) Groundwater: Is any water below the surface of the ground in a zone of saturation.
(83) Ground Water Professional: Is any person certified by the American Institute of Professional Geologists to conduct hydro-geologic studies.
(84) Hazardous Waste: Is any waste material listed specifically as hazardous and/or exhibiting one or more characteristics of hazardous wastes as defined by Ohio Administrative Code 3745-51.
(85) Home Occupation: Is an accessory use of a dwelling unit for gainful employment which:
A. Is clearly incidental and subordinate to the use of the dwelling unit as a residence;
B. Is carried on solely within the dwelling unit and does not alter or change the exterior character or appearance of the dwelling unit; and,
C. Is located in a residential district.
(86) Housing for the Elderly:
A. Housing for the Elderly, Independent: Is a building or portion of a building, occupied exclusively by three (3) or more individuals or couples, sixty-two (62) years of age or older, and living independently of each other.
B. Housing for the Elderly, Semi-Independent: Is a building or portion of a building occupied exclusively by four (4) or more persons and their spouses, sixty-two (62) years of age or older, which provide living and sleeping facilities, indoor, conveniently located, shared food preparation service and shared dining areas, common recreation, social and service facilities for the exclusive use of all residents.
C. Housing for the Elderly, Dependent: Is a building or portion of a building occupied exclusively for the transitional residency of elderly persons or disabled persons, sixty-two (62) years of age or older, progressing from independent living in one-family dwelling units to congregate apartment living where residents share common meals and culminating in a full health and continuing care nursing home facility.
(87) Hydric Soil: Is a soil that is saturated with water long enough during the growing season to develop anaerobic conditions that favor the growth and regeneration of hydrophytic vegetation. Hydric soils that occur in areas having positive indicators of hydrophytic vegetation and wetland hydrology are wetland soils.
(88) Industrial Park: Is a unified development containing general office buildings and support services arranged in a park-like setting.
(89) Industrialized Unit: Is a building or assembly of closed construction that is fabricated at an off-site location, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. “Industrialized unit” includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. “Industrialized unit” does not include manufactured or mobile homes as defined in this Ordinance.
(90) Junk: Is scrap metal and trash of all types including: bones, rags, used bottles, cans or paper packaging, old or used machinery, tools, equipment, appliances, motor vehicles or parts thereof, used construction materials and any and all other manufactured goods which are so worn, deteriorated or obsolete so as to make them unusable in their present condition, but which may be subject to salvage or re-manufacturing.
(91) Junk Yard: Is a place located inside or outside a building, where junk is bought, sold, exchanged, baled, packed, stored, handled or disassembled.
(92) Kennel, Commercial: Is any lot where three (3) or more dogs, cats or other household pets are either permanently or temporarily boarded. A kennel shall also include any lot or premises where household pets are bred and sold.
(93) Landscaping: Is any planned combination of living plants (e.g. grass, flowers, ground cover, shrubs, vines, hedges, or trees) and non-living landscape material (e.g. rocks, pebbles, sand, mulch, walls, fences or decorative paving materials) to enhance the beauty of the property.
(94) Livability Space Ratio: Is the percentage of the total site or land area devoted to non-vehicular open space, including planting space, paved patios, recreation areas, water bodies, walkways and sitting areas.
(95) Loading Space: Is an off-street space on the same lot with a building, or group of buildings, used for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
(96) Lot: Is a parcel of land occupied or intended to be occupied, by a main building or a group of buildings and accessory buildings, or used for the principal use and uses accessory thereto, together with such yards and open spaces as are required under the provisions of this Ordinance.
(97) Lot Area: Is the total horizontal area within the lot lines of a lot.
(98) Lot, Corner: Is a lot at the point of intersection of and abutting on two (2) or more intersecting streets.
(99) Lot Depth: Is the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(100) Lot, Double Frontage: Is a lot other than a corner lot, that abuts onto two (2) or more streets.
(101) Lot, Interior: Is any lot other than a corner lot.
(102) Lot Line: Is the line defining the limits of a lot as described below:
A. Front Lot Line: Is that line separating an interior lot from the street right-of-way line. In the case of a corner lot or double frontage lot, is that line separating said lot from either street.
B. Rear Lot Line: Is that lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long lying farthest from the front lot line and wholly within the lot.
C. Side Lot Line: Is any lot line other than the front lot line or rear lot line.
(103) Lot Width: Is the horizontal distance between the side lot lines, measured at the two points where the building setback line intersects the side lot lines.
(104) Main Use: Is the principal use to which the premises are devoted.
(105) Manufactured Home: Is a building unit or assembly of closed construction that is fabricated in an off-site facility, that conforms 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,” and bearing a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. “Manufactured Home” shall not have the same meaning as an Industrialized unit as defined in this Ordinance.
(106) Manufactured Home, Permanently Sited: Is a manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate sanitary facilities.
B. The structure, excluding any addition, has a width of at least twenty-two feet (22’) at one point, and a length of at least twenty-two feet (22’), at one point, a total living area of at least nine hundred (900) square feet or whatever is required of one-family dwellings in the applicable zoning district, excluding garages, porches or attachments.
C. The structure has a roof pitch of 3:12 or greater, conventional residential siding, and a six-inch (6”) minimum eave overhang, including appropriate gutters.
(107) Marquee: Is any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
(108) Master Plan: Is the graphic and written document presenting the proposed location and space standards for residential, business and industrial land uses, streets, parks, schools, open space areas, including any unit or part of such plan, and any amendments to such plan or parts thereof.
(109) Mini-Warehouse: Is a building or group of buildings in a controlled access and fenced compound that contains varying sizes of individualized compartmentalized, and controlled access stalls or lockers for the storage of customer’s goods or wares.
(110) Mobile Home: Is a building unit or assembly of closed construction fabricated at an off-site location, that is more than thirty five (35) body feet in length or, when erected on-site, includes three hundred twenty (320) or more square feet of floor area, built on a permanent chassis and transportable in one or more sections. A mobile home shall not have the same meaning as an industrialized unit or manufactured home as defined in this Ordinance.
(111) Modular Unit: Is a building including the necessary electrical, plumbing, heating, ventilating and other service systems manufactured off-site and transported to the point of use for installation or erection with or without other specified components as a finished building or part of a building and bearing the state insignia number. A modular unit shall not be designed for ready removal to another site.
(112) Motel: Is a commercial building with guest-rooms for sleeping, including a reception desk and lobby. The rooms shall be primarily designed for and occupied by transients renting them on a daily basis and usually staying less than seven (7) days.
(113) Mound: Is an earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise or glare.
(114) Non-conforming Building: Is a building or portion thereof lawfully existing at the effective date of this Ordinance, or amendments thereto, and does not conform to the area and height regulations of the district in which it is located.
(115) Non-conforming Use: Is a use which lawfully occupied a building or land at the effective date of this Ordinance, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
For the purposes of the Wellhead Protection Overlay District a non-conforming use or facility includes any facility or land use which occupied a building or land prior to November 28, 1994, or because of a change in the Wellhead Protection Zone boundary lines, does not conform to the provisions of Section 1139.02, “Wellhead Protection Overlay District.”
(116) (EDITOR’S NOTE: Former subsection (116) was repealed by Ordinance 10-34, passed August 5, 2010.)
(117) Nursing Home: Is a residential use which provides skilled nursing care as defined in 3721.01 (D) of the Ohio Revised Code, to individuals who by reason of illness or physical or mental impairment require such care.
(118) Off-Street Parking Lot: Is any public or private open area providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, and providing access for entrance and exit for the parking of more than three (3) vehicles.
(119) One Year Time of Travel Zone: Is the area around the public water supply well fields delineated by the one (1) year time-of-travel contour for the Wellhead Protection Overlay Zoning District.
(120) Open Space: Is the land area within the boundaries of a development that is intended to provide light, air, views and/or quality or a general appearance of openness, and is designed for scenic, recreation, privacy, or environmental purposes.
Open space may include, but shall not be limited to, walkways and trails, active and passive recreation areas; undisturbed natural areas; wooded areas; natural creeks and streams.
(121) Open Space Ratio: Is the percent of the total site or land area devoted to lawn and the unpaved portions of the site within the public street right-of-way.
(122) Overlay Zoning District: Is a zoning district which lies on top of a zoning district and is intended to protect critical features and resources. Where the standards of the overlay district are different from those of the zoning district, the standards of both districts will apply.
(123) Parking Space: Is an area of definite length and width, exclusive of drives, aisles or entrances giving access thereto, and fully accessible for the temporary storage or parking of motor vehicles.
(124) Parking Space Ratio: Is the total number of parking spaces required per dwelling unit.
(125) Performance or Surety Bond: Is an instrument approved by the City, by and between the developer and the City, for one hundred percent (100%) of the estimated construction cost guaranteeing the completion of the required improvements within a prescribed period of time as set forth in this Ordinance.
(126) Person: Is any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, except the City of Ontario, Ohio, county or state agency, federal government, or any combination thereof.
(127) Potable Water: Is water satisfactory for drinking, culinary, and domestic purposes.
(128) Regulated Substances: Shall include but not be limited to the following:
A. Every substance, material or waste found listed in 40 Code of Federal Regulations, Part 261, or 40, of the Code of Federal Regulations, Part 303;
B. All materials which exhibit the characteristics of hazardous waste (i.e. ignitable, corrosive, reactive and toxic) as identified in 40, Code of Federal Regulations, Part 261;
C. Petroleum products, including fuels and waste oils; and
D. Any solid or semi-solid material which, if left to stand or if exposed to water will leach out wholly or partially and dissolve forming hazardous materials as defined in parts a through c.
(Ord. 01-50. Passed 12-6-01.)
(Ord. 01-50. Passed 12-6-01.)
(129) Retirement Center: Is Synonymous with “Housing for the Elderly.”
(130) Restaurant: Is an establishment serving food, drink, or refreshments, and providing disposable dish ware and utensils to patrons eating on the premises, and not having a drive-up window.
(131) Retention Basin: Is any pond or lake for the collection or storage of surface water for subsequent controlled discharge at a rate that is less than the rate of inflow.
(132) Retail: Is a business establishment selling goods or services to customers over the counter for personal or household consumption. A reasonable amount of storage on premises for goods to be sold is permitted.
(133) Screen: Is a method for reducing the impact of noise, glare or unsightly intrusions with less offensive or more harmonious elements such as plants, mounds, fences and walls.
(134) Service Access Road: Is a public right-of-way parallel to a major arterial street and which provides access to abutting properties. (Ord. 01-50. Passed 12-6-01.)
(135) (EDITOR’S NOTE: Former subsection (135) was repealed by Ordinance 10-34, passed August 5, 2010.)
(136) Sexually-Oriented Business means an adult arcade, adult bookstore, adult cabaret, adult entertainment establishment, adult motion picture theater, adult novelty store, adult theater, adult video store, sexual device shop, sexual encounter center, and sexual encounter establishment as defined by subsections (5) and (6) hereof, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex.
(Ord. 10-34. Passed 8-5-10.)
(137) Shade Tree: Is a large deciduous tree planted primarily for its high crown of foliage or overhead canopy.
(138) Shrub: Is a woody plant, smaller than a tree, consisting of several small stems from the ground up or small branches near the ground. Shrubs may be deciduous or evergreen.
(139) Shopping Center: Is a group of three (3) or more architecturally unified commercial establishments built on a site which is planned, developed, owned and managed as an operating unit and served by common parking areas off the street and outside the public right-of-way.
(140) Sidewalk, Public: Is a paved path provided for pedestrian use and generally located within the street right-of-way.
(141) (EDITOR’S NOTE: Former subsection (141) hereof was repealed by Ordinance 08-18, passed May 15, 2008.)
(142) Site Plan: Is a map, drawn to scale, showing the boundaries of a site and the location of all buildings, structures, uses, and principle site development features such as street right-of-ways, landscaped areas, and public utility easements for a specific parcel of land.
(143) , (144) (EDITOR’S NOTE: Former subsections (143) and (144) were repealed by Ordinance 10-34, passed August 5, 2010.)
(145) Storm Drainage: Is the surface and sub-surface system for the removal of water from the land, including streams, gullies, ravines, marshes, swales, ponds and other natural and man-made development features such as conduits, culverts, ditches, channels, storage facilities, streets, and the storm sewer system.
(146) Storm Water: Is a general and temporary condition of partial or complete inundation of normally dry land areas from rainstorms.
(147) Storm Water Management Facilities: Is the drainage system and control facilities necessary to meet the runoff criteria required by these regulations.
(148) Story: Is that part of a building between the surface of one floor and the surface of the next floor above, or if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty percent (50%), by cubic content, is below the height level of the adjoining ground.
(149) Street: Is a public dedicated right-of-way used, or intended to be used, for passage or travel by motor vehicles. Streets are further classified by the functions they perform.
A. Street, Local: Is a public dedicated right-of-way that has an origin or destination on the street itself. The elimination of through traffic and the geometric design of the street are means to promote safety and to create a desirable residential area.
B. Street, Collector: Is a public dedicated right-of-way that moves and distributes traffic between local streets and major streets or major activity centers. For the purposes of this Ordinance, collector streets include, but are not limited to Longview Avenue, Rock Road, Milligan Road, Ferguson Road, Lexington-Ontario Road and Shelby-Ontario Road.
C. Street, Cul-de-Sac: Is a street having one (1) outlet open to vehicular traffic and the other end permanently terminated by a vehicular turn-around.
D. Street, Major Arterial: Is a public dedicated right-of-way used mainly for through traffic movements within and between the City and other municipalities, townships, counties and metropolitan areas. For example, West Fourth Street, U.S. 30 Expressway, State Route 309, State Route 430, Lexington-Springmill Road, Stumbo Road and Home Road are classified as major arterial streets for the purposes of this Ordinance.
(150) Structure: Is anything constructed or erected, the use of which requires a location on the ground or attachment to something having location on the ground. (Ord. 01-50. Passed 12-6-01.)
(151) Swimming Pool:
A. Portable swimming pool: Any vessel or container which is designed for or used for holding water for wading purposes, and which is not capable of filling to a depth greater than two feet at any point, and which may be moved easily from one spot to another with or without the use of basic hand tools.
B. Non-portable swimming pool: Any man-made structure constructed of material other than natural earth or soil, whether in-ground or above-ground, used for holding water for recreational or swimming purposes and is capable of holding water exceeding two feet in depth at any point.
(Ord. 02-43. Passed 9-19-02.)
(152) Temporary Use/Building: Is a use or building permitted by the Planning Commission to exist during periods of construction of the main building or use, or for special events.
(153) Time-of-Travel Contour: Is a series of points which when connected together form a boundary line from which water takes an equal amount of time to reach a given destination such as a well or well field.
(154) Trailer (Mobile Home): Is a non-self propelled vehicle originally designed or adapted to be pulled by a motor vehicle to provide its motor power, and designed, intended or used to carry or store goods including a vehicle originally designed or intended to be used on rails such as a box car or other railroad car.
(155) Tree: Is a long-lived, upright woody plant with a mature height ranging from twelve feet (12’) to one hundred feet (100’) or more. Deciduous trees drop their leaves in the fall. Small ornamental trees are planted for flowers and/or foliage. An evergreen tree retains its needles year-around, providing the screening effect for a greenbelt.
(156) Treestands, Existing: Is any existing tree or shrub of a number, size and species that accomplishes the same general function as new plantings.
(157) Under Ground Storage Tank (UST): Is one or any combination of tanks, including underground pipes connected together thereto, that are used to contain an accumulation of regulated substances, the volume of which, including the volume of the underground pipes connected thereto, is ten percent (10%) or more beneath the surface of the ground, as defined in Ohio Administrative Code 1301: 7-9-02.
(158) Use: Is the principal purpose for which land, or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
(159) Vegetation, Native: Is plant growth, especially trees, shrubs, vines, ferns and grasses that grow naturally in the area.
(160) Well: Is any excavation, regardless of design or method of construction, used for the purpose of removing ground water from an aquifer, or for the purpose of determining the quality, quantity or level of ground water on a continuing basis.
(161) Well Field: Is a tract of land that contains a number of wells for supplying drinking water.
(162) Wellhead Protection Zone 1 (WHPZ1): Is the area within the one-year time-of- travel contour. The boundary can be changed to add areas outside the one-year time-of-travel contour to ease its definition (i.e. use of street boundaries).
(163) Wellhead Protection Zone 2 (WHPZ2): Is the area inside the five-year time-of- travel contour. The boundary can be changed to add areas outside the five- year time-of-travel contour to ease its definition (i.e. use of street boundaries).
(164) Wetland: Is the area of land inundated or saturated by surface or groundwater at a frequency or duration sufficient to support vegetation typically adapted for life in saturated soil conditions. To be considered as a jurisdictional wetland by the U.S. Army Corps of Engineers, the following three criteria must be met:
A. The presence of hydric soil;
B. The prevalence of hydrophytic vegetation; and
C. The presence of wetland hydrology. Wetlands generally include swamps, bogs and similar areas. (Ord. 01-50. Passed 12-6-01.)
(164.1) Wind Turbine/Electrical Generation Towers: Is a system referred to herein as a “Wind Turbine Tower” consisting of a wind turbine, tower and associated control or conversion electronics.
A. Utility Scale Wind Turbine Tower: Is a Wind Turbine Tower with a tower height over 175' (feet). Installations with a total generating capacity over 5 megawatts are subject to certification by the Ohio Power Siting Board.
B. Wind Farm: Is the property under a single ownership entity on which a Utility Scale Wind Turbine Tower is located.
C. Wind Turbine/Electrical Generation Tower Height: Referred to herein as the “Tower Height” is the sum of the height above grade of the fixed portion of the tower and the maximum extent of the turbine blades.
D. Occupied Structure: Is for the purpose of regulating Wind Turbine Towers, any dwelling, public building, school, church, community or institutional building that is maintained for permanent or temporary human occupancy, even if it is temporarily unoccupied.
E. Participating Property: Is for the purpose of regulating Wind Turbine Towers, the property under single ownership on which a Wind Turbine Tower is located and adjacent properties whose owners may be participating in the project through legal and/or financial instruments.
(Ord. 09-34. Passed 6-25-09.)
(165) Yard: Is the open spaces on the same lot as the principal building, unoccupied and unobstructed from the ground upward except for natural vegetation, and further defined as follows:
A. Yard, Front: Is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the principal building.
B. Yard, Rear: Is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the principal building. In the case of a corner lot, the rear yard may be opposite either street.
C. Yard, Side: Is an open space between the principal building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point on the side lot line to the nearest point of the principal building.
(166) Zoning Certificate: Is a document on which application is made and then approval is granted or denied by the Zoning Inspector, for a permitted use among those sanctioned by this Ordinance, for a particular piece of property.
(Ord. 06-04. Passed 4-6-06.)
(168) Zoning District: Is a specifically defined land area included within one of the zoning districts set forth in Section 1135.03, which cumulatively include all land within the City of Ontario. Within these zoning districts specific designated permitted uses, densities, area and dimensional requirements are allocated for land areas within the corporate limits of the City of Ontario.
(169) Zoning Inspector: Is the official charged with the interpretation, administration and enforcement of this Ordinance. The Zoning Inspector shall be so designated in writing by such person as may be specified by the Mayor.
(170) Zoning Variance: Is a departure from the strict terms or expressed provisions of this Ordinance where such departure will not be contrary to the public interest and where, owing to conditions peculiar to the property and not as a result of any action on the part of the property owner, a literal enforcement of this Ordinance would result in unnecessary and undue hardship. The crucial points of a variance are (1) undue hardship and (2) unique circumstances applying to the property. A variance is not justified unless both factors are present in the case.
(Ord. 01-50. Passed 12-6-01.)