For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use which is clearly incidental and subordinate to, and located on the same lot as, the principal use to which it is related. An ACCESSORY USE includes, but is not limited to the following:
(1) Residential accommodations for servants and caretakers.
(2) Off-street parking spaces, open or enclosed.
(3) Swimming pools for use of the occupants of a residence or their guests.
(4) Storage of goods used in or produced by business or industrial activities.
ALTERATION. Any change, addition, alteration or rearrangement in construction or type of occupancy, or change in the structural parts of a building such as walls, windows, partitions, columns, girders or the moving from one location or position to another.
BASEMENT. That portion of a building which is all or partly below ground level, and so located that the vertical distance from the grade to the floor below is greater than the vertical distance from the grade to the ceiling. When a basement floor is less than two feet below the ground level, it shall be rated as the first story.
BOARDING HOUSE. A dwelling in which lodging or lodging and meals are furnished to two or more boarders for compensation.
BUILDING. Any structure designed, built or occupied as a shelter which is permanently affixed to the land and has one or more floors and a roof. When a structure is separated by a fire wall, each such separated portion of such structure shall be deemed a separate building. A BUILDING shall not include such structures as billboards, fences, radio towers or structures with interior spaces not normally accessible for human use, such as water towers, tanks, grain elevators or similar structures.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of a mansard roof; and to the average height between eaves and the ridge line of a gable, hip or gambrel roof. Where a building is located on sloping terrain or the side of a hill, the height may be measured from the average elevation of the finished grade at the building wall.
BUILDING LINE. A line defining the minimum front, side and rear yard requirements.
BUILDING SETBACK LINES. Lines defining the minimum depth for front and side yard requirements.
CENTRALIZED SEWER SYSTEM. One in which individual lots are connected to a common disposal system whether publicly or privately owned and operated.
CENTRALIZED WATER SYSTEM. A system in which individual lots are connected to a common water distribution system and plant facilities whether publicly or privately owned and operated.
CONDITIONALLY PERMITTED USE. A use that is permitted in zoning districts subject to approval by the Planning Commission.
DENSITY. The number of dwelling units developed on any given acre of land.
DISTRICT. A portion of the incorporated area of the village within which certain regulations and requirements or various combinations apply under the provisions of this chapter.
DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach and parking spaces for motor vehicles so as to serve patrons while in the motor vehicle rather than within a building or structure.
DWELLING, MULTIPLE FAMILY. a building or portion thereof designed exclusively for or converted for occupancy by three or more families, living independently of each other.
DWELLING UNIT. A building or portion thereof, designed for occupancy by one family for residential purposes and having cooking and sanitary facilities.
DWELLING UNIT, ONE-FAMILY. A building designed exclusively for and occupied by one family.
DWELLING UNIT, TWO-FAMILY. A building designed exclusively for, or converted for occupancy by two families, living independently of each other.
ERECTED. Built, constructed, altered, moved upon, reconstructed; any physical operations on the premises which are required for construction. Excavations, fill, drainage and the like, shall be considered a part of erection.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utility companies or municipal departments or commissions of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, four alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories, furnishing of adequate service by such public utilities or municipal departments or commissions, or for the public health, safety or general welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FAMILY. One or more persons or parents related by marriage or immediate blood relationship occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, a lodging house, club, fraternity or hotel.
FARM. The use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, animal and poultry husbandry, and the necessary uses for packing, treating or storing of produce; provided that one operation of such accessory use shall be secondary to that of the normal agriculture activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. A use shall be classified as agriculture only if it is the principal or main use of the land.
FEEDER ROAD. A street or road intersecting with a limited access highway and having interchange facilities with such limited access highway.
FLOOR AREA. For the purpose of computing the minimum allowable floor area per dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The floor area measurement is exclusive of areas devoted to basements, unfinished attics, attached garages, breezeways and enclosed or unenclosed porches.
FLOOR AREA, USABLE. For the purposes of computing the total number of parking spaces, means that area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways or for utilities or sanitary facilities, shall be excluded. Measurement of useable floor area shall be the sum of the horizontal areas of the several floors of the buildings measured from the interior faces of the exterior walls.
GARAGE, PRIVATE. An accessory building or portion of a main building designed and used solely for the storage of motor vehicles, boats and similar vehicles owned and used by the occupants of the building.
GARAGE, SERVICE. Any premise used for the storage or care of motor vehicles, or where any such vehicles are equipped for operation, repaired or for hire or sale.
GRADE. The ground elevation established for the purpose of regulating the number of stories and the height of a 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 entirely level, the grade shall be determined by computing the average elevation of the ground for each face of the building, and taking the average of such total averages.
HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit and carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any extension or modification of such dwelling which will alter its outward appearance as a dwelling and in connection with which there is no display of stock in trade or commodities sold except those which are produced on the premises.
HOTEL. A structure kept, used, maintained, advertised r held out to the public to be a place where sleeping accommodations are offered for pay to transient guests, in which five or more rooms are used for the accommodation of such guests, such sleeping accommodations being conducted in the same building in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. No guest shall establish permanent residence at a hotel for more than 60 days within any calendar year.
JUNK YARD. The use of more than 200 square feet of land, whether inside or outside a building, where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled, stored or handled.
LOADING SPACE. An off-street space or berth outside the street right-of-way line on the same lot with a building or group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT. A parcel of land occupied or intended to be occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, together with such yards, lot area depths and widths as are required by this chapter.
LOT AREA. The total horizontal area within the lot lines of the lot.
LOT, CORNER. A lot at the point of intersection of and abutting on two or more intersecting streets, the angle of intersection being not more than 135 degrees.
LOT, DEPTH. The horizontal distance between the street right-of-way line and rear lot lines measured along the median between the side lot lines. Where the right-of-way width is not established, it shall be assumed to be 60 feet. Where a major thoroughfare or collector thoroughfare is designated on the Comprehensive Land Use Plan, the lot depth shall be measured from the proposed right-of-way.
LOT, INTERIOR. A lot other than a corner lot.
LOT LINES. The lines defining the limits of a lot as described below:
(1) FRONT LOT LINE. In the case of an interior lot, means that line separating such lot from the street. In the case of a corner lot, or double frontage lot, FRONT LOT LINE means that line separating such lot from either street.
(2) SIDE LOT LINE Any lot line other than the front or rear lot line.
(3) REAR LOT LINE. The 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 feet along lying farthest from the front lot line and wholly within the lot.
LOT WIDTH. The horizontal distance measured between the side lot lines, and along the minimum building setback line.
LOT OF RECORD. A lot, the dimensions of which are recorded in a document or shown on a map on file in the office of the Recorder of Richland or Huron County, or a lot described by metes and bounds, the deed to which has been recorded in a document or on a map in the office of the Recorder of Richland or Huron County, Ohio.
MAJOR THOROUGHFARE. A street which is intended to move large volumes of traffic from one part of the village to another part or beyond the village limits. A major thoroughfare may be designated as a freeway, expressway, limited access highway, parkway or equivalent terms to describe the major thoroughfare plan for the village. Any street with a minimum right-of-way width of 120 feet shall be considered as a major thoroughfare.
MASTER PLAN. The Comprehensive Plan including graphic and written proposals indicating the general location for streets, parks, schools, public buildings and all physical development of the village, including any part of such plan or amendments thereto.
MOBILE HOME, INDEPENDENT. Any self-propelled or nonself-propelled vehicle used or so designated, constructed, reconstructed or added to in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons, and to permit its being used as a conveyance upon the public streets and highways.
MOBILE HOME PARK. Any parcel of land upon which mobile homes are parked for dwelling or sleeping purposes.
NONCONFORMING BUILDING. A building lawfully existing at the time of the enactment of this chapter and which does not conform to the area and height regulations of the district in which it is located.
NONCONFORMING USE. A use lawfully existing at the time of the enactment of this chapter, and which does not conform to the use provisions of the district in which it is located.
OFF STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering and providing access for entrance and exit so as to provide for the parking of more than two vehicles.
OPEN SPACE. Any part of a lot which is in its natural state, open and unobstructed from its lowest level to the sky.
OPEN SPACE DEVELOPMENT. Any subdivision of land containing more than ten acres where both individual building sites and common property devoted to parks, playgrounds or school sites are designated and organized to be capable of satisfactory use and operation as a self-contained residential area.
PARKING SPACE. An area of definite length and width, exclusive of aisles and drives or entrances giving access thereto, and fully accessible for the storage of permitted motor vehicles.
PUBLIC UTILITY. Any person, firm, corporation, governmental agency or board authorized to furnish and furnishing under governmental regulations to the public, electricity, gas, steam, telephone, telegraph or transportation.
ROOM. For the purpose of determining lot area requirements and density in a multiple-family district, a living, dining and bedroom, equal to at least 80 square feet in area. A room shall not include the area in the kitchen, sanitary facilities, utility rooms, corridors, hallways and storage. Plans presented showing one, two or three bedroom units and including a den, library or other extra rooms shall commit such extra rooms as a bedroom for the purpose of computing density.
SIGN. Any card, cloth, paper, metal, wood, painted glass, plaster, stone or other sign of any kind or character whatsoever which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business. "Place" includes erecting, constructing, posting, painting, printing, tacking, nailing, glueing, stocking, carving or fastening, or making visible in any manner whatsoever. For the purposes of this chapter, SIGN shall not include the flag, pennant, badge or insignia of any government, religious, educational or similar organization.
SIGN, BUSINESS. A sign which directs attention to a product, business or profession conducted upon the same premises.
STORY. That part of a building, including 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.
STREET. A right-of-way which affords the principal means of access to abutting property and which has been dedicated or deeded to the public use and accepted by the village.
STRUCTURE. Anything constructed or erected which requires location on or below the ground; or attachment of something having a location on the ground.
TEMPORARY USE OR BUILDING. A use or building permitted by the Board of Zoning Appeals to exist during periods of construction of the principal building or use, or for special events.
USE. 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.
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.
YARDS. The open spaces on the same lot as the principal building, unoccupied and unobstructed from the ground upward and further defined as follows:
(1) FRONT YARD. An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the street right-of-way line and the nearest point of the principal building.
(2) REAR YARD. 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.
(3) SIDE YARD. An open space between the side lot line and the principal building, extending from the front yard to the rear yard, the width of which is the minimum horizontal distance from the nearest point on the side lot to the nearest point of the principal building.
ZONING ORDINANCE or THIS CHAPTER. Ordinance 26-82, passed December 28, 1982, as amended, which is codified as Chapter 154 of this code.
(`94 Code, § 1143.01) (Ord. 26-82, passed 12-28-82; Am. Ord. 33-97, passed 12-9-97)