(a) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
For the purpose of this Ordinance, certain terms and words used herein shall be interpreted as follows:
(1) The word "person" includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word "shall" is a mandatory requirement, the word “may,” is a permissive requirement and the word "should" is a preferred requirement.
(4) The word “used” or "occupied" include the words "intended, designed, or arranged to be used or occupied."
(5) The word "lot" includes the words "plot" or parcel.”
(b) Other Definitions.
(1) Accessory Use of Structure. A use or structure (such as a garage) on the same lot with, and incidental to the main use or principal use of the land or building.
(2) Agriculture. Agriculture shall include farming, dairying, pasturage, agriculture, horticulture, viticulture, animal and poultry husbandry and the raising, processing and sales of agriculture products from land under same ownership.
(3) Alterations, Structural. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
(4) Animal Feed Lot. Means a paved animal feeding or holding area or other lot, pen, yard, or other feeding or holding area where grass or other suitable vegetative cover is not maintained.
(5) Automotive Repair. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(6) Automotive Sales. The sale or rental of new or used motor vehicles or trailers.
(7) Basement. A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
(8) Board. The Board of Zoning Appeals of Richwood, Ohio.
(9) Boarding House. A building arranged or used for lodging with or without meals, for compensation, by more than three non-transient individuals.
(10) Building. Any structure other than a boundary wall or fence.
(11) Building Accessory. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
(12) Building Front Line of. The line of that face of the building nearest the front line of the lot. This face includes porches whether enclosed or unenclosed but does not include steps.
(13) Building, Height of. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between 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.
(14) Building, Manufactured. A manufactured building has the following features or characteristic: 1) mass produced in a factory; 2) designed and constructed for the transportation to site with or without a chassis for installation and use when connected to required utilities; 3) either an independent, individual factory erected building or a module with two or more sides erected at the factory, for combination with other elements to form a building on the site.
(15) Building Principal. A building in which is conducted the main or principal use of the lot on which the building is situated.
(16) Businesses.
A. Business - Convenience - Type Retail: Retail businesses whose market area is the neighborhood or part of the community, which provides convenience type goods and personal services for the daily needs of the people within the residential area. Uses include, but need not be limited to, drug stores, beauty salons, barber shops, carry outs, dry cleaning or laundry facilities, supermarkets, etc.
B. Central Business. Includes comparison and convenience shopping; professional, business, and financial services; public and semipublic uses and other activities of a comparable clean and compact nature which contribute to the economic and design of the area as determined by the Board.
C. Business Drive-In. Any business, structure or premise which is designed primarily to serve occupants of motor vehicles without the occupants having to leave their vehicle.
D. Highway and General Business. Includes commercial uses requiring locations on major thoroughfares and at their intersections. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not contribute to the design of unified commercial center.
(17) Business Services. Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.
(18) Business Shopping-Type Retail. A retail or service business which supplies a wide variety of comparison goods and services from consumers in a marked area that include the community or an area greater than a community. Examples of shopping type businesses are furniture stores, automobile sales and services and clothing shops.
(19) Cellar. A story partly underground and having more than fifty percent (50%) of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories or in computing floor area or in calculating living area.
(20) Chassis. The steel under-carriage, supporting framework to which a dwelling is permanently attached.
(21) Clinic. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
(22) Club. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
(23) Commercial Entertainment Facilities. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs and similar entertainment activities.
(24) Commission. The Planning Commission of the Municipality.
(25) Conditional Use (Special Exceptions).A use which is subject to conditional approval by the Planning Commission or, if a Planning Commission does not exist, then the Board of Zoning Appeals. A conditional use may be granted by the Planning Commission, or the Board of Zoning Appeals as provided for hereinabove, only when there is a specified provision for such special exceptions made in this Ordinance. A conditional use is not considered to be a nonconforming use. Conditional uses permitted in each district are listed in the Official Schedule of District Regulations.
(26) Condominiums. A building, or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners. Both residential condominiums and commercial condominiums exist; however, for purposes of this chapter, residential are only heretofore defined. Commercial condominiums will be handled as any other commercial or business property.
(27) Condominiums Association. The community association which administers and maintains the common property and common elements of a condominium.
(28) Council. The Village Council of Richwood, Ohio.
(29) Density. A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density. The number of dwelling units per acre of the total land to be developed.
B. Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(30) Districts, Zoning Districts. Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the "district map" which is part of this Ordinance.
(31) Drive-In Commercial Uses. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters, drive-up and carry-out stores, and similar uses.
(32) Dwelling. Any building or portion thereof which is designated for or used for residential purposes.
(33) Dwelling, Manufactured Housing. A manufactured building or portions of a building designed for long term residential use. This category includes the following:
A. Modular Unit. A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site. The term is intended to apply to major assemblies and does not include pre-fabricated panels, trusses, plumbing trees and other prefabricated sub elements which are to be incorporated into a structure at the site.
B. Sectional Unit. A dwelling made of two or more modular units transported to the home site; put on a foundation, and joined to make a single dwelling.
(34) Dwelling, Multiple. A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments and row houses.
(35) Dwelling, Rooming House (Boarding House, Lodging, Dormitory). A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(36) Dwelling, Single-Family. A building designed for or occupied exclusively by one family.
(37) Dwelling, Two-Family. A building designed for or occupied exclusively by two families.
(38) Essential Services. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(39) Family. One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises as distinguished from a group occupying a boarding house or hotel, as herein defined.
(40) Family Home. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than eight persons with developmental disabilities.
(41) Floor Area of a Residential Building. The sum of the gross horizontal areas of the floors of a residential building, excluding basement floor areas not devoted to residential use and attached garages, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
(42) Floor Area of Non-Residential Buildings (to be used in calculating parking spaces). The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms.
(43) Floor Area - Usable. Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(44) Food Processing. The preparation or processing of food products. Examples of activities included are bakeries and dairies.
(45) Frontage. All the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line or if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(46) Garage, Private. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of more than two-ton capacity.
(47) Gas Station, Service Station. Any building, structure, or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils, or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.
(48) Group Home. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 persons with developmental disabilities, per State regulations.
(49) Hazardous Wastes. Means those substances which, singly or in combination, pose a significant present or potential threat or hazard to human health or to the environment, and which, singly or in combination, require special handling, processing, or disposal, because they are or may be flammable, explosive, reactive, corrosive, toxic, infectious, carcinogenic, bioconcentrative, or persistent in nature, potentially lethal, or an irritant or strong sensitizer.
(50) Highway, Major. A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(51) Home Occupation. An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character thereof or have any exterior evidence of such secondary use other than a small sign (not over four square feet in size), non-illuminated and mounted flat against the wall of the principal building, and in connection therewith that is not involved the keeping of a stock in trade. No traffic shall be generated by such occupation in greater volume than would normally be expected in such a residential area and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Ordinance. The office of a physician, surgeon, dentist or other professional person, including an instructor in individual musical instruments limited to a single pupil at a time who offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be home occupations; and the occupations of beauty operator, with not more than one paid assistant shall be deemed to be home occupations. Borderline cases shall be ruled on by the Board of Appeals.
(52) Hotel. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and 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. As such, it is open to the public in contra-distinction to a boarding house or a lodging house which are herein separately defined.
(53) Institution. Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
(54) Junk. The term "junk" shall mean old scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, and junked or dismantled or wrecked automobiles and parts thereof. It shall also include iron, steel and other old or scrap ferrous or non-ferrous materials.
(55) Junk Storage and Sales (Salvage Operation). Any lot, land or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.
(56) Kennel. Any lot or premise on which dogs, cats, or other household pets are boarded, bred or exchanged for monetary compensation.
(57) Land Use Plan. The long-range plan for the desirable use of land in the area as adopted by the Village Planning Commission; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the community.
(58) Legal Counsel. An attorney representing a municipality or Village.
(59) Loading Space. Space logically and conveniently located for bulk pickups and deliveries and scaled to delivery vehicles expected to be used and accessible to such vehicles when required off street parking spaces are filled. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 45 feet and a vertical clearance of at least 14 feet.
(60) Loading, Off Street. Required off-street loading space is not to be included as off street parking space in computation of required off-street parking spaces. All off street loading spaces shall be located totally outside of any street or alley right of way.
(61) Lodging House. Any building or portion thereof containing not more than four guest rooms which are used by not more than five guests where rent is paid in money, goods, labor or otherwise.
(62) Lot. A lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area for one principal building together with its accessory building and which provides such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record or of portions of lots of records.
(63) Lot Coverage. Percentage of lot coverage shall be the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
(64) Lot Depth. The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear. No lot shall have an average depth which is more than three times its average width.
(65) Lot Frontage. The front of a lot shall be construed to be the portion nearest the street or road. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets or roads shall be considered f-frontage, and yards shall be provided as indicated under “Yard" in this section.
(66) Lot Record. Any lot which individually or as a part of a subdivision has been recorded in the office of the Recorder of Deeds of the county.
(67) Lot, Minimum Area Of. The area of a lot computed exclusive of any portion of the right-of-way of any public or private street or road.
(68) Lot Types. Terminology used in this Ordinance with reference to corner lots, interior lots and through lots is as follows:
A. Corner Lot. A lot located at the intersection of two 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 at the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five degrees.
B. Interior Lot. A lot with only one frontage on a street.
C. Through Lot. A lot other than a corner lot with frontage on more than one street or road. Through lots abutting two streets or roads may be referred to as double frontage lots.
D. Reversed Frontage Lot. A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(69) Lot Width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building set back line.
(70) Manufacturing, General. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water-carried waste. Any manufacturing or industrial process permitted in an "M-2" District shall comply with all performance requirements of this Ordinance and with the applicable regulations of the Ohio EPA.
(71) Manufacturing, Heavy. Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, dust, glare, air pollution, odor, but not beyond the district boundary to any large extent.
(72) Manufacturing, Light. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operate and store within enclosed structures; and generate little industrial traffic and no major nuisances.
(73) Manufacturing, Restricted. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall comply with the performance requirements contained in this Ordinance and all applicable regulations and restrictions of the Ohio EPA, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: Drugs, sporting goods; processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment; research and testing laboratories, printing and engraving plants, bakeries or dairies.
(74) Mineral Extraction, Storage and Processing. Any mining, quarrying or processing of limestone sand, gravel or other mineral resources.
(75) Mobile or Manufactured Homes. Statement of Intent for Dwelling (Housing) Manufactured Definition. Because terms for manufactured housing, such as those listed herein, tend to change over the years, the purpose and intent of the definition is to draw a distinction between dwellings that are produced and erected in assembly line-style at a factory, from those stick-built dwellings in which a substantial amount of material and construction labor are brought together in final form at the building site. The above explanation is the spirit in which any future interpretation shall be made from this section, no matter what terms for manufactured housing are in vogue at any given time.
A. Mobile Home. Manufactured housing built on a chassis. A mobile home shall be construed to remain a mobile home, subject to all regulations applying thereto, even when wheels, axles, hitch, or all other appurtenances of mobility are removed and regardless of the nature of the foundation provided. A mobile home shall not be construed to be a travel trailer or other form of recreational vehicle.
B. Mobile Home - Double Wide or Triple Wide. A mobile home consisting respectively of two or three sections combined horizontally at the site to form a single dwelling, while still retaining their individual chassis for possible future movement.
C. Mobile Home - Expandable. A mobile home with one or more room sections that fold, collapse, or telescope into the principal unit when being transported and which can be expanded at the site to provide additional living area.
(76) Mobile Home Park. Any site or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including, but not limited to, any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
(77) Mobile Home - Trailer. Any vehicle or similar portable structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
(78) More Restrictive. In reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, and the like, or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
(79) Motor Court or Motel. A building or group of buildings used for the temporary residence of motorists or travelers.
(80) Motor Vehicles. Any powered vehicle which is required to be licensed by the State of Ohio.
(81) Motor Vehicle Salvage Facility. Means any establishment or place of business which is maintained or operated for buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts.
(82) Nonconforming Use. The use of land or a building, or portion thereof, which does not conform with the use regulations of the district in which it is situated.
(83) Nursery, Nursing Home. A home or facility for the care or treatment of babies, children, pensioners and/or elderly people.
(84) Nursery - Greenhouse. A place where young trees or other plants are raised for transplanting and/or for sale.
(85) Off-Street Parking Space. Any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet, exclusive of access drives or aisles.
(86) Offices. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, clerical, drafting, etc. Institutional offices of a charitable, philanthropic, financial or religious or educational nature are also included in this classification.
(87) Open Space. An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts and other recreational facilities that the Zoning Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(88) Orchards. An area of land devoted to the cultivation and sale of fruit trees and the sale of the fruit therefrom.
(89) Parking - Off Street. For purposes of this Ordinance, an off street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or road or alley right of way.
(90) Personal Services. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.
(91) Planning Commission. The Planning Commission of the municipality.
(92) Printing and Publishing. Any business which is engaged in the printing of newspapers, magazines, brochures, business cards and similar activities either for profit or non-profit.
(93) Professional Activities. The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, and engineers.
(94) Public Service Facility. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage disposal services.
(95) Public Uses. Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material and public service facilities.
(96) Quasi-Public Use. Churches, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(97) Recreational Facilities.
A. Commercial Recreational Facilities. Any business which is operated as a recreational facility or enterprise, either publicly or privately owned, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice
skating rinks, riding stables, race tracks, bowling alleys, swimming pools, tourist attractions, carnivals and similar commercial enterprises.
B. Noncommercial Recreational Facilities. Any business which is operated as a private and semipublic recreational facility which are not operated for commercial gain and/or are non-profit, including private country clubs, riding clubs, private fishing clubs, parks, archery ranges, golf courses and other private noncommercial recreation areas and facilities or recreation centers.
(98) Recreational Vehicle. A vehicle type primarily designed as temporary living quarters for recreational camping or travel use only, which either has its own motor power or is mounted on or drawn by another motor vehicle. The basic entities are: travel trailer, camping trailer, truck camper, or motor home.
(99) Recreational Vehicle Park. A parcel of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
(100) Recreational Vehicle Site. A plot of ground within a recreational vehicle park intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
(101) Right of Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips or boulevards, sidewalks, lighting and drainage facilities, and may include special features required by the topography or treatment such as grade separation, landscaped areas, viaducts and/or bridges.
(102) Salvage Motor Vehicles. Means any motor vehicle which is in a wrecked, dismantled or worn out condition or unfit for operation as a motor vehicle upon any public or private street or roadway.
(103) Sanitary Landfill. Means a land disposal site employing a method of disposing of solid wastes on land in a manner intended to minimize environmental hazards by spreading the solid wastes in thin layers, compacting solid wastes to the smallest practical volume, and applying and compacting cover material daily.
(104) Setback Line. A line established by the Zoning Ordinance generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory building or structure may be located above ground, except as may be provided in said Zoning Code.
(105) Sewage Disposal System - Group. An approved sewage disposal system which provides for the combined collection and disposal of sewage from a group of residential, commercial or industrial buildings.
(106) Sidewalk. That portion of the road right of way outside the roadway, which is improved for the use of pedestrian traffic.
(107) Sign. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
A. Sign, On Premises. Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
B. Sign, Off-Premises. Any sign unrelated to a business or profession conducted, or to be a commodity or service sold or offered upon the premises where such sign is located.
C. Sign, Advertising. A sign which directs attention to a business, profession, commodity or entertainment conducted, sold, or offered elsewhere than upon the same lot. .
D. Sign, Business. A sign which directs attention to a business, professional commodity or entertainment conducted, sold, or offered upon the same lot.
E. Sign, Ground. Means a display sign supported by uprights or braces on or upon the ground surface.
F. Sign, Illuminated. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
G. Sign, Lighting Device. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
H. Sign, Marquee. Means a display sign attached to or hung from a marquee, canopy or other covered structure projecting from and supported by the building and extending beyond the building wall, building line or street lot line.
I. Sign, Pole. Means any sign which is erected on a pole or poles, which is wholly or partially independent of any building for support.
J. Sign, Projecting. Means a display sign which is attached directly to a building wall and which extends more than fifteen (15) inches from the face of the building wall.
K. Sign, Roof. Means a display sign which is erected, constructed and maintained above or on the roof of the building.
L. Sign, Temporary. Means a display sign, banner or other advertising device constructed on cloth, canvas or other light temporary material, with or without a structural frame, intended for a limited period of display, including decorative displays for holidays or public demonstrations.
M. Sign, Wall. Means a display sign which is painted on or attached directly to the building wall and which extends not more than fifteen (15) inches from the face of the wall.
(108) Service Station. Any building, structure or land used for the dispensing and sale at retail of any automobile fuels, oils, accessories, including, but not limited to, lubrication for automobiles and replacement and installation of minor parts but not including major repair work.
(109) Solid Wastes. Means such unwanted residual solid or semi-solid material as results from industrial, commercial, agricultural and community operations, excluding earth and material from construction, mining or demolition operations, and slag and other substances which are not harmful or inimical to public health, and includes, but is not limited to, garbage, combustible and non-combustible material, street dirt and debris. For purposes of this definition, "material from construction operations" and "material from demolition operations" are those items affixed to the structure being constructed or demolished such as brick, concrete, stone, glass, wallboard, sheet rock, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring and insulation material.
(110) Story. That portion of a building other than a cellar included between the surface of any floor and the surface of the floor next above it or if there is no floor above it, then the space between the floor and the ceiling next above it.
(111) Structure. Anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground. This would include, but not be limited to, all buildings, mobile homes, walls, advertising signs, billboards and backstops for all sports.
(112) Supply Yards. A commercial establishment storing and offering for sale steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(113) Swimming Pool. A pool, lake, pond or open tank containing at least l.5 feet of water at any point and maintained by the owner or manager. Farm ponds would be exempt from this definition.
(114) Swimming Pool - Private. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, multifamily dwelling, or a community, the members and guests of a club, or the patrons of a motel or hotel, and accessory use.
(115) Swimming Pool - Community. One operated with a charge for admission, a primary use.
(116) Toxic or Hazardous Material. Means any substance or mixture by physical characteristic such as flammability, corrositivity, toxicity, reactivity, or infectious characteristics, as to pose a significant or potential hazard to water supplies or human health if such substances were discharged to land or waters of the community or township.
(117) Thoroughfare, Street or Road. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley. A minor street used primarily for vehicular service access to the back or side of properties abutting another street.
B. Arterial Street. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. Collector Street. A Thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivision.
D. Cul-De-Sac. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. Dead-End Street. A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
F. Local Street. A street primarily for providing access to residential or other abutting property.
G. Loop Street. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than one thousand (1,000) feet from said arterial or collector street, not normally more than six hundred (600) feet from each other.
H. Marginal Access Street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial and collector streets. (Also called Frontage Street).
(118) Transient Lodgings. A building in which lodging or boarding and lodging are offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined. Examples include: hotel, motel and apartment hotel.
(119) Transportation Terminals. Any business, structure or premise which primarily receives or distributes goods.
(120) Use. The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
(121) 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.
(122) Veterinary Animal Hospital or Clinic. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals and those who are in need of medical and/or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding of animals which is incidental to the primary activity.
(123) Vicinity Map. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use or other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(124) Walkway. A public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
(125) Wholesale and Warehouse. Business establishments that generally store and sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments.
(126) Yard. A required open space, other than a court, unoccupied and unobstructed by any portion of a structure from three (3) feet above the general ground level of the graded lot upward; provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction or visibility.
(127) Yard, Front. A yard extending between the side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(128) Yard, Rear. A yard extending between side lot lines across the rear of a lot and from the rear of the lot to the rear of the principal building.
(129) Yard, Side. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(130) Zoning Certificate. The document issued by the Village Zoning Inspector authorizing the occupancy or use of a building or structure or the actual use of lots or land in accordance with the previously issued Zoning Permit.
(131) Zoning Inspector. The Zoning Inspector or his authorized representative appointed by the Village Council.
(132) Zoning Permit. A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.