1140.05 SPECIFIC MEANINGS OF WORDS OR PHRASES.

   As used in this Zoning Code, certain words or phrases shall have the following meanings:

      (1)   "Accessory building" means a detached subordinate building which is clearly incidental to and customary in connection with the main building or use, and which is located on   the same lot with such main building or use.

      (2)   "Accessory parking space" means an open or enclosed area accessible from a street for the parking of motor vehicles of owners, occupants, employees, customers or tenants of the main building or use. Except for one-family dwellings, each such space shall be not less than nine (9) feet wide and twenty (20) feet long, exclusive of all drives and turning spaces and determined from an accurate plan of the area.

      (3)   "Accessory use" means a use which is permitted in a district by this Zoning Code, and which is subordinate and clearly incidental to and customary in connection with the main use, and which is located on the same lot with such main use.

      (4)   "Addition" means any construction which increases the size of a building, structure or facility in terms of site coverage, height, length, width or gross floor area, such as a porch, attached garage or carport, or a new room or wing.

      (5)   "Alteration" means any change in use or type of occupancy, or any addition to a building, structure or facility, or any rearrangement or moving of any building area from one (1) location to another.

      (6)   “Attached single-family dwelling” means a building containing more than one dwelling unit, each of which has primary ground floor access to the outside and which are attached to each other by party walls without openings. The term is intended primarily for such dwelling types as townhouses and duplexes.

      (7)   "Automobile service stations" means any building or premises used for the retail sale of motor vehicle fuels, oils, parts and/or accessories for servicing or lubricating motor vehicles; for installing or repairing parts and accessories; washing and polishing vehicles; the provision of rest rooms; the sales, distribution and dispensing of tobacco products, newspapers, magazines, health and beauty aids, and food items, packaged food items, drink items or packaged drink items other than from food or drink vending machines, located entirely within the building; and one vending machine for dispensing cold drinks may be placed within five feet of the exterior of the building. Automobile service stations do not permit or include: the rental or leasing of trucks and trailers; the performance of body work; straightening of body parts, painting, welding and frame repair; storage of vehicles not in operating condition or other work involving noise, glare, fumes, smoke nor other characteristics to an extent greater than normally found in automobile service stations.

      (8)   "Basement" means that part of a building having at least one-half (1/2) of its height below the average finished grade elevation.

      (9)   “Building” means any structure used for the support, enclosure, shelter, or protection of persons, animals, chattels or property, but excluding any tent or air supported structure.
(Ord. 1998-73. Passed 10-14-98.)

      (10)   “Building height" or "height" for a main building, means the vertical distance measured from the elevation of the average finished grade to the highest point of the roof, excluding the chimney. For any accessory building or structure, unless otherwise provided in this code, the height shall be measured from the approved finished grade, the lawful nonconforming grade or the natural grade, as may be applicable under the circumstances. The Village Architect shall determine the building height or height of any proposed building or structure.
(Ord. 2007-17. Passed 8-8-07.)

      (11)   “Building line” means the line indicating the minimum horizontal distance between the street line and building or any covered porch extending in front of the main foundation wall, not including steps.

      (12)   “Church” or “house of worship” means a building whose principal use is the conduct of religious services.

      (13)   "Community center" means a structure used for and providing recreational programs, and social, fraternal or other general functions, which is open to all Village residents and is intended to accommodate and service significant segments of the community.

      (14)   “Detached single-family dwelling” means a residential building containing only one dwelling unit entirely surrounded by open space on the same lot.

      (15)   "Dwelling” means any building, except a manufactured home as defined in Ohio R.C. 4501.01(O), which is occupied exclusively for residential purposes.

         A.   "Industrialized unit" means an assembly of materials or products as approved by the Ohio Board of Building Standards, 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 preparation of its placement, but excluding a manufactured home as defined in Ohio R.C. 4501.01(O).

      (16)   "Dwelling unit" means a group of rooms for living, dining and sleeping with attendant cooking, bathing and toilet facilities, which are occupied and used exclusively by a single family or an individual.

      (17)   "Family" means one (1) or more persons occupying a dwelling unit and living as a single housekeeping unit, provided that unless all members are related by blood, marriage, adoption or guardianship, no such family shall contain over four (4) persons. Domestic servants employed on the premises may be housed on the premises without being counted as part of the family.

      (18)   "Fence" means a constructed barrier of any material or materials planted or erected to enclose, screen, divide, or decorate areas of land. "Fence" includes walls, hedges, shrubs, trellises or other structures supporting vegetation, and earth berms meeting this definition.

      (19)   "Floor area" means the total area of all the floors measured from the exterior faces of the building, excluding storage and utility areas as determined by the Planning and Zoning Commission.
(Ord. 1998-73. Passed 10-14-98.)

      (20)   “Grade” means the elevation of the ground surface, as determined by the Village Engineer,and maybe further defined as follows:

      A.   “Approved finished grade” means the elevations of the surface of the ground on an improved parcel of property, after final grading and normal settlement, as authorized by the Village Engineer pursuant to Section 1379.02 of the Orange Village Codified Ordinances.

      B.   "Average finished grade" means the mean elevation of the land measured at the front line of the main building after grading and landscaping; under circumstances which are unique to a particular lot, where the mean elevation of the land measured at the front line of the main building results in an inappropriate design, the Planning and Zoning Commission may reasonably establish another elevation as the “average finished grade.”

      C.   “Lawful nonconforming grade” means the elevations of a developed parcel of property, which elevations were established before the formal approval of the Village was required.

      D.   “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill activities.

         (Ord. 2007-17. Passed 8-8-07.)

      (21)   "Hotel" means every building used as a place where sleeping accommodations are offered for compensation to transient guests, in which five (5) or more rooms are used for the accommodation of such guests, such sleeping accommodations being conducted in the same building or in buildings connected therewith, including rooms for dining, entertainment, exhibitions, and convention or sales activities as well as personal services for guests. For purposes of this section, “transient” shall mean no guest’s stay at the hotel shall exceed one hundred twenty (120) days, unless it is established that the guest is domiciled at a location other than the hotel. Conclusive evidence that a guest is not transient shall be the guest’s registration to vote at the hotel address or the guest’s child or children attending school or schools in the Orange School District without having another residence in the Orange School District. Cooking facilities are not permitted in hotel rooms. For purposes of this section “cooking facilities” shall mean stoves, ovens, hotplates, or any other instrument customarily used to cook or heat food.

(Ord. 2017-30. Passed 10-4-17.)

      (22)   "Landscaped area" means the percentage of that part of a lot which is not covered by buildings or occupied by a parking area, driveway or other permitted accessory use.

      (23)   “Livable floor area” means the total area of all the floors measured from the exterior faces of the building and can include areas in basements and attics used for human occupancy, but otherwise excludes the basement or cellar, attic, unenclosed porch, garages, or accessory storage structures.

      (24)   “Lot” means a parcel of land occupied or intended to be occupied by a main building or use of by a group of buildings, together with accessory buildings and uses and open spaces. Lots   shall have frontage on an improved public street or on an approved private street.

A.   "Lot area" means the area of a lot exclusive of a public or private right of way.

         B.   "Lot coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

         C.   "Lot frontage" means the portion of a lot which abuts a public right-of-way or approved private street. For the purposes 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.

         D.   "Lot width" means the minimum horizontal distance of a lot measured along the building line.

         E.   “Lot depth” means the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.

         F.   "Lot of record" means 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.

         G.   Lot types. Lot types are as follows:

            1.   "Corner lot" means a lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than one hundred thirty five (135) degrees.

            2.   "Interior lot" means a lot with only one frontage on a street.

            3.   "Through lot" means a lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots.

         H.   "Lot lines" means the lines bounding a lot as defined herein:

            1.   Front lot line: In the case of an interior lot, it is that line separating the lot from the street. In the case of a corner lot, or double frontage lot, it is that line separating the lot from either street.

            2.   Rear lot line: 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.

            3.   Side lot line: Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(Ord. 1998-73. Passed 10-14-98.)

      (25)   "Motel" means any building, whether attached or detached, containing sleeping accommodations which are offered for compensation to transient guests, with accessory parking. For purposes of this section, “transient” shall mean no guest’s stay shall exceed one hundred twenty (120) days, unless it is established that the guest is domiciled at a location other than the motel. Conclusive evidence that a guest is not transient shall be the guest’s registration to vote at the motel address or the guest’s child or children attending school or schools in the Orange School District without having another residence in the Orange School District. Cooking facilities are not permitted in motel rooms. For purposes of this section “cooking facilities” shall means stoves, ovens, hotplates, or any other instrument customarily used to cook or heat food.

      (Ord. 2017-30. Passed 10-4-17.)

      (26)   "Nonconforming lot, building, structure or use" means any lot, building, structure or use of land lawfully existing at the time of enactment of this Zoning Code or any amendment thereto, and which does not conform to the regulations of the district or zone in which it is located.

      (27)   “Open fence” means a fence which the surface area of every segment contains at least 75% open spaces and no more than 25% solid materials.

      (28)   "Parking space" means an open or enclosed area for the parking of automobiles directly accessible to an aisle or private drive.

      (29)   "Restaurants and Eating Places" means an establishment where food is sold and consumed in a wholly enclosed building, except incidental use of an attached patio shall be limited to fifty percent (50%) of the inside seating.

      (30)   "Seat" means the number of seating units installed or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs or similar seating facilities; spacing of rows shall be assumed at thirty (30) inches on center.

      (31)   “Senior Extended Care Facility” means any one of the following:

         A.   an “assisted living facility” as defined in Ohio Revised Code section 3726.01;

         B.   an “adult care facility” as defined in O.R.C. section 3722.01; or

         C.   a “residential care facility, nursing or rest home” as defined in O.R.C. section 3721.01;

provided that any such senior extended care facility shall contain a minimum of 600 square feet of floor area in each living unit and shall not exceed a maximum density of four (4) living units per gross acre of land area.

      (32)   “Setback” means the required minimum horizontal distance between the building and the related front, side, or rear property line.

      (33)   "Street line" means the dividing line between a street and a lot.

      (34)   "Structure” means anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences, billboards, towers, flagpoles, signs, backstops and pergolas.

      (35)   "Yard" means an open space on the same lot with a building, which is unoccupied and unobstructed by any portion of the building from the ground upward, except as may otherwise be provided in this Zoning Code.

         A.   "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front building line of the main building.

         B.   "Rear yard" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear building line of the main building.

         C.   "Side yard" means a yard extending from the main building to the side lot line on both sides of the main building between the lines establishing the front and rear yards.

(Ord. 1998-73. Passed 10-14-98.)