For the purpose of this Zoning Code, words used in the present tense include the future; the singular number includes the plural and the plural includes the singular; the word “lot” includes the word “plot”; and the word “building” includes the word “structure”. In addition:
(1) “Accessory” means incidental to another use or structure on the same lot.
(2) “Antenna” means any device designed to transmit or receive radio or television signals to or from any source and includes all components thereof, except the supporting structure. Antennas include, but are not limited to, amateur radio antennas, television antennas, CB antennas, satellite signal receiving or transmitting antennas, satellite master antennas and microwave antennas.
(3) “Assisted living facility” means residential housing for individuals that provides a combination of housing, supportive services, personalized assistance and health care, designed to respond to the individual needs of those who need help with activities of daily living and instrumental activities of daily living, with supportive services available twenty-four hours a day, to meet scheduled and unscheduled needs, and defined and licensed as a residential care facility under Ohio R.C. Chapter 3721.
(4) “Basement” means a story all or partly underground, but having at least one- half of its height below the average level of the adjoining ground, not to be used as a sleeping area or an independent apartment unit.
(5) “Church” means a building wherein persons regularly assemble for religious worship, which is used only for such purpose and whose accessory activities are customarily associated therewith.
(6) “Conditional use” means a use requiring a conditional use permit granted by the Board of Zoning Appeals. All conditional uses in each district are listed under each district.
(7) “Corner lot” means a residential lot abutting upon two or more streets at their intersection, provided the angle at which the streets intersect does not exceed 135 degrees.
(8) “Curbing” means the raised edge of the parking lot to confine surface water to the parking lot and to protect abutting land from vehicular traffic, and shall be composed of continuous concrete or asphalt six inches high and six inches wide. No other material may be used unless otherwise approved by the Architectural Review Board.
(9) “Family” means not more than three unrelated persons living on the premises as a single housekeeping unit.
(10) “Floor area” means total gross liveable area on all floors as measured to the outside surfaces of exterior walls, excluding crawl spaces, garages, carports, breezeways, attics without floors, spaces without six feet, six inches floor-to-ceiling height, stairs, open porches, balconies, terraces, cellar or basement space, elevator shafts, maintenance shafts and room display windows, storage areas, fitting rooms, washrooms and similar areas.
(11) “Front lot line” means a line dividing a lot from any right-of-way.
(12) “Garage” means a fully enclosed building for the storage of minor vehicles, not including buildings in which fuel is sold, repairs or other services are performed, or exhibits or merchandise are housed or shown.
(13) “Gas station” means a place where motor vehicle fuels are retailed.
(14) “Half-story” means a story which is situated under a roof, the floor area of which does not exceed one-half of the floor area of the floor immediately below it and which does not contain an independent apartment unit.
(15) “Height” means the vertical distance from the average ground level of the grade where the walls or structural elements intersect the ground to the highest point of the roof if a flat roof, to the deck line of a mansard roof, and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(16) “Home occupation” means a use conducted entirely within an enclosed dwelling, employing only the inhabitants thereof, which is clearly incidental and secondary to residential occupation, and in no way changes the character of the dwelling or is a nuisance to the neighborhood. Specifically excluded are the storage and display of merchandise and any activity involving building alterations, window displays, construction features, equipment, machinery or outdoor storage, any of which is visible from off the lot on which it is located. Home occupations shall not produce undue noise, light, traffic or other nuisances or dangers to the neighborhood.
(17) “Lot” means a recorded parcel of land occupied or to be occupied by one principal building and its accessory buildings and shall be of sufficient size to meet all requirements for use, coverage, open spaces and setbacks.
(18) “Lot area” means the area of land within the boundary of a lot, excluding any part under water.
(19) “Lot line” means a line marking a boundary of a lot.
(20) “Multifamily dwelling” means a structure designed or used for residential occupancy by more than two families, including apartment houses, row houses, townhouses, condominiums and similar housing types, but not including hotels, hospitals or nursing homes.
(21) “Open space” means an area substantially open to the sky. The area may include natural environmental features, water areas and recreation facilities that the Planning Commission deems permissible. Streets, parking areas, structures and the like are not included.
(22) “Parking space” means an area of at least nineteen feet in length and nine feet in width. Such area shall be exclusive of drives, aisles or entrances giving access to any parking spaces and shall be fully accessible for the parking of permitted vehicles.
(23) “Principal building” means the building in which the main use of the lot is conducted.
(24) “Rear lot line” means any lot line which is not a front or side lot line and which, if extended in either direction, would not cross the lot.
(25) “Right-of-way” means a strip of land taken or dedicated for use as a public or recognized way. In addition to the roadway it can incorporate the curbs, lawn strips, sidewalks, lighting, drainage facilities, landscaped areas and bridges.
(26) “Row house” means a dwelling having a party wall which is a fire wall between it and the adjoining dwelling.
(27) “Screening” means living plants at least thirty-six inches high when planted, maintained in a healthy condition and so pruned and planted as to provide maximum opacity from the ground to a height of five feet. Plants shall be limited to plants that normally can grow in the Village, drawn from the recommended list available at the Village Hall. When, because of intense shade, soil conditions or slope, the planting screen cannot be expected to thrive, an opaque wooden fence or masonry wall at least six feet tall may be substituted.
(28) “Setback” means the required distance between every structure and any lot line on the lot on which it is located.
(29) “Shade tree” means a tree twelve feet high when planted, and normally grows to a height of fifteen feet or more in the Village. An approved list of trees is available at the Village Hall.
(30) “Side lot line” means any lot line which meets the end of a front line or any lot line within thirty degrees of being parallel to such a line, except a front lot line.
(31) “Single-family dwelling” means a structure, except a mobile home, designed or used for residential occupancy by one family.
(32) “Structural alterations” means any change in the supporting members of a building, such as walls, floors, columns, beams or girders.
(33) “Two-family dwelling” means a structure designed or used for residential occupancy by two families.
(34) “Variance” means a modification of the provisions of this Zoning Code owing to conditions peculiar to the property and not the result of the action of the applicant, where a literal enforcement of such provisions would result in unnecessary and undue hardship. A variance cannot include a change in the designated land use.
(35) “Yard” means the area between any lot line and the setback required therefrom. The yard shall be open and unoccupied.
(36) “Zoning Code” means Ordinance 710-78, passed September 19, 1978, as amended, codified as Title Six of Part Twelve - the Planning and Zoning Code.
(Ord. 710-78. Passed 9-19-78; Ord. 726-79. Passed 8-21-79; Ord. 778-83. Passed 4-19-83; Ord. 803-86. Passed 11-6-86; Ord. 1036-97. Passed 1-21-97; Ord. 1047-97. Passed 8-12-97.)