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Certain terms used in this Zoning Code are herein defined as follows:
(1) Words used in the present tense include the future. The singular number includes the plural and the plural the singular. The word "lot" includes the word "plot" and the word "parcel"; the word "building" includes the word "structure"; the word "occupied" includes the words "designated or intended to be occupied"; the word "used" includes the words "arranged, designated or intended to be used"; and the word "shall" is mandatory and not directory.
(2) "Accessory building" means a building which is subordinate to the main or principal building on a lot and used for a purpose customarily incidental to those of the main or principal building.
(3) "Accessory use" means a subordinate use of a portion of the lot or premises which is incidental to the main use of the lot or premises. The term "accessory use" shall not be construed either to include or to permit any occupation, activity or use prohibited under the definition and restrictions herein established for "home occupation".
(4) "Alley building" means any building on, or within forty feet from, an alley at the rear of a lot. No such building shall be erected, designed, intended or arranged to be used in violation of the restrictions hereby established for accessory buildings.
(5) "Apartment" means an accommodation for one family within a portion of a dwelling for three or more families occupied by leases, the families living independently of each other and doing their cooking on the premises. The term "apartment" shall not be construed to permit two-family semi-detached dwellings or row houses.
(6) "Apartment house" means a dwelling for four or more families occupied by leases, the families living independently of each other and doing their cooking on the premises.
(7) "Board of Appeals" means the Board of Zoning Appeals.
(8) "Boarding house" means an abode, not a public inn, in which sleeping rooms for more than four persons for lodging with meals are provided for compensation.
(9) "Building height" means the perpendicular distance measured in a straight line from the curb level (or from a mean elevation of the land thirty-five feet in front of such building) to the highest point of the roof beam above the highest story, in the case of flat roofs, or to the average of roofs above the highest story, in the case of pitched roofs.
(10) "Church" means a place of worship or a Sunday School, but not a rescue mission or place whose chief activity is not a customary church activity.
(11) "Corner lot" means a lot fronting on a street at its intersection with another street or with a railroad right of way or with the boundary of a public park or cemetery.
(12) "Court" means an open space, other than a yard, on the same lot with a building.
(13) "Outer court" means a court extending to a street, alley or required yard.
(14) 'Inner court" means any court other than an outer court.
(15) "Curb level" means the level of the established curb in front of the building measured in the center of such front.
(16) "District line" means the boundary line between two zoning districts.
(17) "Duplex dwelling" means a dwelling for two families occupied by lease or rental, the families living independently of each other and doing their cooking on the premises, provided that no such dwelling shall be erected, reconstructed or converted so that its outer appearance is that of any dwelling besides that of a single-family dwelling, and provided further that the term "duplex" shall not be construed to permit two-family, semi-detached dwellings or row houses.
(18) "Duplex" means duplex dwelling.
(Ord. 1952-98. Passed 12-17-52.)
(19) "Dwelling" means any house, building or portion thereof designed for or occupied by one or more beings as a residence; and pertains to a site constructed house or building - see definition for manufactured or factory built structures.
(Ord. 2004-31. Passed 5-24-04.)
(20) "Family" means any number of persons living together as a single housekeeping unit.
(21) "Home occupation" means such occupations as dressmaking, preserving, home cooking and a professional occupation of a resident of the premises subject to the limitations of this subsection. Any occupation, activity and/or use is hereby prohibited, nor shall any occupation, activity or use be construed to be permitted or included within the terms "home occupation", "home industry" and "accessory use", when such occupation, activity and/or use is as follows: is injurious, noxious, offensive or detrimental to the neighborhood; is carried on by persons that are not residents of the dwelling on the premises; requires employment of persons a majority of whom are outside of the residing family; generates pedestrian or automobile traffic of clients or associates; involves the use of, or occupies, any other space or any other building besides the main building; requires the use of, or occupies more than one-half of the floor area of one story; involves the use of material or equipment not normally associated with the residential household; involves sale of commodities on the premises or sale of produce not raised on the premises; involves any display that will indicate from the exterior that the building is being utilized for any purpose other than that of a dwelling; involves the use of any commercial sign, any artificially lighted sign or any sign exceeding eight square feet in area and any sign located within the front yard; involves any automobile dismantling or any automobile repair work with vehicular storage on the premises and the streets and alleys in excess of the restrictions of the Residence Districts; involves any treatment, care, boarding or lodging of epileptics, persons addicted to or recuperating from alcoholism, drug addicts, the insane or the feeble-minded; is used as a funeral home, mortuary or undertaking establishment, laundry, dry cleaning or clothes pressing establishment, convalescing or nursing home, tourist home, massage parlor, barber shop, beauty parlor or similar establishment; violates any restrictions applying to accessory uses in Residence Districts or involves any other occupation, use or activity that is excluded or prohibited or otherwise not permitted in this subsection.
(22) "Hotel" means a public inn in which there are sleeping rooms for more than six persons, without provision for cooking in any individual room or suite.
(23) "Inn" means a place or shelter with sleeping rooms for more than six persons, open to the public for compensation but without provision for cooking in any individual room or suite.
(24) "Lodging house" means an abode, not a public inn, in which sleeping rooms for more than four persons are provided for compensation.
(25) "Lot" means a distinct parcel of land on which a principal building and its accessories are placed, together with the required open spaces, and of which the location, dimensions and boundaries are determined by the latest official record or survey.
(26) "Lot depth" means the mean average distance from the front line to the rear line of a lot or, in the case of corner lots, the average length of the longer sides.
(27) "Lot width" means the mean distance between the side lot lines.
(28) "Nonconforming use" means a use that does not comply with the regulations of this Zoning Code for the district in which it is located.
(29) "Office occupation" means a professional occupation of a resident of the premises such as that of a physician, surgeon or dentist, subject to the same restrictions herein established for the term "home occupation" where such office occupation is conducted within a Residence District.
(30) "Rear building" means any building on the rear of a lot or behind a principal building. No rear building shall be erected, designed, intended or arranged to be used in violation of the restrictions established in Section 1135.04 for accessory buildings.
(31) "Setback line" means the building line parallel to the front lot line and located at the foremost portion of the building.
(32) "Street" means a public passageway over twenty feet wide, dedicated, platted and recorded as a street and commonly used for travel.
(33) "Story" means the part of any building between any floor and the floor or roof next above.
(34) "Street or alley line" means the dividing line between the right of way of a street or alley and a lot.
(35) "Structural alterations" means any change in the structural members of a building, such as walls, columns, beams and girders.
(36) "Vacant" means lacking in use or occupation, in whole or in part, by any nonconforming use for a period of one year.
(37) "Front yard" means a space (from the ground up) unoccupied except by steps and extending the full width of the lot between the extreme line of a building and the street line.
(38) "Rear yard" means a space (from the ground up) unoccupied except by steps or an uncovered porch and extending the full width of the lot between the extreme rear line of a building and the rear lot line.
(39) "Side yard" means a space (from the ground up) unoccupied except by steps and extending the full length of a building between the building and the side lot line.
(40) "Zoning Code" means Ordinance 1946-47, passed August 7, 1946, as amended, codified as Title Three of Part Eleven - Planning and Zoning Code.
(Ord. 1952-98. Passed 12-17-52.)
(41) "Monastery" means a residence for persons under religious vows.
(Ord. 1988-27. Passed 3-22-88.)
(42) “Permanent foundation” means permanent masonry, concrete or a locally approved footing or foundation, to which a manufactured or mobile home may be affixed.
(43) “Manufactured home” means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance 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 1973" and has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
(44) “Permanently sited manufactured home” means a manufactured home that meets all of the following criteria:
A. The structure is affixed to a permanent foundation and is connected to appropriate facilities;
B. The structure excluding an addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred (900) sq. ft.;
C. The structure has a minimum 3:12 residential roof pitch, convention residential siding, and a six-inch minimum eave overhang, including appropriate guttering;
D. The structure was manufactured after January 1, 1995;
E. The structure is not located in a manufactured home park as defined by Section 3733.01 of the Ohio Revised Code.
(45) “Modular home” means a factory built home, constructed to the state, local or regional code where the home is to be located; modules are transported to the site and must be installed on a permanent foundation.
(46) “Pre-cut home” means factory built housing in which building materials are factory-cut to design specifications, transported to the site and assembled; must meet local, state or regional building codes.
(47) “Panelized home” means factory built home in which panels, a whole wall with windows, doors, wiring and outside siding are transported to the site and assembled; must meet state or local building codes.
(48) “Industrial unit” means a building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or a part of a greater structure, and that requires transportation to the site of intended use - does not include a manufactured home or a mobile home.
(49) “Mobile home” means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length, or when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home or industrial unit as defined in Ohio R.C. 3781.06. (Ord. 2004-31. Passed 5-24-04.)