(a) As used in Part 11 of the Municipal Ordinance of Rossford, certain terms and words are hereby defined. Amendment to this Title shall follow the requirements of Chapter 1114 (Amendment Procedures). Any term not defined herein shall be as defined elsewhere in the City Code; or, if not defined therein, as defined in Black’s Law Dictionary; or, if not defined therein, as defined in Webster’s New Collegiate Dictionary. Words used in the present tense include the future, the singular number includes the plural and the plural the singular; "building" includes "structure" and "shall" is mandatory and not directory; the word "may" is a permissive requirement and the word "should" is a preferred requirement.
(Ord. 2008-06. Passed 4-14-08.)
(b) Terms Defined.
(1) ACCESSORY BUILDING: Means a detached subordinate building that is located on the same lot as a principal building and not used or designed for human occupancy; the use is clearly incidental to the use of the land or to the use of the principal building; and is located in the rear years or side yards, and on the same zoning lot as the principal building served. Accessory Building include temporary/permanent sheds, green houses, garages and other like structures.
(1.1) ACCESSORY STRUCTURE: A structure which is subordinate to and serves a principal building; is subordinated in area, extent or purpose to the principal building served; contributes to the comfort, convenience or necessity of occupants of the principal building; and is located in the rear years or side yards, and on the same zoning lot as the principal building served. Accessory structures include temporary/permanent carports, gazebos, pergolas, and other like structures.
(2) ACCESSORY USE: Means a use of land or buildings related to the principal use which is also clearly subordinate to the principal use of the land or buildings. (Ord. 2013-43. Passed 9-23-13.)
(3) AGRICULTURE: The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that, the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
(4) ALLEY: A public thoroughfare used primarily for vehicular service access to the back or side of properties abutting on a street.
(5) ALTERATION: Any change, addition, or modification in construction or occupancy of an existing structure.
(6) ALTERATION, EXTERIOR: Any exterior visual or material change to any building including a change in architectural feature or architectural period, design, texture, or material. Ordinary maintenance to correct any deterioration or damage is excluded from this definition provided such work does not involve a change in design, texture, material or architectural feature. Any repainting of exterior surfaces is also excluded from this definition.
(7) ALTERATIONS, STRUCTURAL: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(8) APARTMENT: A building arranged, intended, or designed to be occupied by three (3) or more families living independently of each other and doing their own cooking upon the premises or by three (3) or more individuals or groups of individuals living independently of each other.
(9) APPLICANT: Any building owner or designated agent of the owner who submits an application.
(10) ARCHITECTURAL FEATURE: Those elements that characterize an architectural style, general design, and arrangement of the exterior of a structure, including, but not limited to the type, color, and texture of exterior building surfaces, windows, doors, roof, porches, cornices, decorative trim, and other appurtenant fixtures.
(11) AUTOMOBILE TRAILER, TRAILER COACH, or TRAILER: A vehicle used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
(12) BANNER: A flexible sign, usually temporary in nature, which is affixed at both ends to a pole or structure.
(13) BASEMENT: A story all or partly underground, but having at least one- half (½) of its height below the average level of the adjoining ground. A basement, if not occupied for living purposes, shall not be included as a story for the purposes of height regulations.
(14) BED AND BREAKFAST: An owner-occupied dwelling unit that contains no more than four (4) guest rooms where short term lodging for daily rent, with or without meals, is provided for compensation.
(15) BLOCK: The lots on both sides of the street between two (2) cross streets or intersections.
(16) BOARDING HOUSE: A building other than a hotel or motel where for compensation by the week or month, meals are provided for three (3) or more unrelated boarders or roomers at any one (1) time but not in individual rooms.
(17) BOUNDARY LINE: A line delineated that establishes the limits of an area.
(18) BUFFER LOT: A lot on a plat across the end of a street proposed to be extended by future platting, or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
(19) BUILDING: A combination of materials to form a structure (except fences as defined herein) designed or intended or adapted to permanent or continuous occupancy for public, institutional, residence, commercial, industrial, storage or other purposes; the term "building" shall be construed as if followed by the words "or part thereof.”
(20) BUILDING LINE: See SETBACK LINE.
(21) BUILDING HEIGHT: The vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof or the mean height level between eaves and ridge of a gable, hip, or gambrel roof.
(22) BUILDING, MAIN: A building on which is conducted the main or principal use of the lot on which said building is situated.
(23) BULLETIN BOARD: An announcement sign usually with changeable lettering to inform the public of coming events at a public, semi-public, or non-profit institution.
(24) CEMETERY: Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(25) CERTIFICATE OF APPROPRIATENESS: A certificate issued by the Design Review Commission indicating that a proposed alteration or demolition or in-fill new construction within the Design Review Overlay District is in accordance with provisions of the Design Review Standards.
(26) CERTIFICATE OF ZONING COMPLIANCE: A certificate issued by the Zoning Inspector after completion of a development for which a Zoning Permit was issued, but prior to use or occupancy of any building or premises, or any part thereof, and which indicates that the proposed use for the building or land conforms to the requirements of the Zoning Permit and this Ordinance at the time of issuance.
(27) CHANGE: Any alteration, demolition, removal or construction involving any property subject to the provisions of this Ordinance.
(28) CHARTER: The Charter of the Municipality of Rossford, Ohio.
(29) CLINIC: A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
(30) CLUB: A building or portion thereof or premises owned or operated for a fraternal, literary, political, or educational purpose primarily for the exclusive use of its members and their guests.
(31) COLLOCATION: The use of a wireless telecommunications facility by more than one (1) wireless telecommunications provider.
(32) COMMERCIAL DEVELOPMENT: A planned commercial center providing building areas, parking areas, service areas, screen planting, and adjacent roadway improvements.
(33) CONDITIONAL USE: A use that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review by the Commission and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same zone or vicinity. Conditional uses are issued for uses of land and may be transferable from one owner of the land to a subsequent owner of the land.
(34) CONGREGATE HOUSING: Housing for adults that require some living assistance but are not considered infirm.
(35) COUNCIL: The Rossford City Council.
(36) CROSS-WALK-WAY: A right-of-way, dedicated to public use, ten (10) feet in width through a block along lot lines to facilitate pedestrian access to adjacent streets and properties.
(37) CUL-DE-SAC or COURT: A short street having one (1) end open to traffic and being permanently terminated by a vehicle turnaround.
(38) DAYS: means calendar days.
(39) DEMOLITION: The razing or destruction, whether entirely or in part, of a building including demolition by neglect.
(40) DENSITY: A unit of measure; the number of dwelling units per acre of land.
(41) DENSITY, GROSS: The number of dwelling units per acre of the total land to be developed.
(42) DENSITY, NET: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(43) DESIGN REVIEW COMMISSION: Persons appointed by City Council and charged with carrying out the objectives of the Design Review Overlay District Ordinance.
(44) DESIGN REVIEW OVERLAY DISTRICT: A clearly identified area, so designated by Ordinance and not necessarily having contiguous boundaries, that contains one or more Locally Significant Resources.
(45) DESIGN REVIEW STANDARDS AND GUIDELINES: The building construction and building rehabilitation criteria derived from historical and architectural information reflecting a particular historic district to be used by the Design Review Commission in considering an application.
(46) DISH: That part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolical, or similar in shape.
(47) DRAWING: A preliminary drawing, prepared by a registered Surveyor or Civil Engineer, containing all the information required by this Municipal Ordinance.
(48) DRIVE-UP OR DRIVE-THROUGH: Any establishments or facilities where goods or services are provided from windows or in drive-through areas to customers in cars or to the cars and where the cars are temporarily stopped or standing and which commonly does, or could involve a line up of cars waiting in line for such goods or services. Current examples of drive-up developments include but are not limited to car washes, drive-up windows at banks and at fast-food restaurants.
(49) DWELLING: Any building or portion thereof which is designed to provide living accommodations for one (1) or more families. Each dwelling unit must contain a bathroom and the minimum living facilities required by the Building Code. A dwelling shall include an “industrialized unit” and a “permanently-sited manufactured home.” In no case shall a mobile home, motor home, trailer coach, automobile chassis, tent, or portable building be considered a dwelling. An attached garage for purposes of determining the front, side, and rear yards shall be considered a part of a dwelling.
(50) DWELLING, SINGLE-FAMILY DWELLING: A building designed to provide one (1) dwelling unit for a family and separated from other dwellings by required open space.
(51) DWELLING, TWO-FAMILY DWELLING: A building consisting of two (2) dwelling units which may be either attached side by side or one (1) above the other and each unit having a separate or combined entrance or entrances.
(52) DWELLING, MULTI-FAMILY DWELLING: A building consisting of three (3) or more dwelling units including condominiums with varying arrangements of entrances and party walls. Multi-family housing may include public housing.
(53) DWELLING UNIT: One (1) or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one (1) family with separate toilets and facilities for cooking and sleeping.
(54) EASEMENT: Authorization by a property owner for another to use for a specific purpose; any designated part of his or her property.
(55) ENGINEER: A registered engineer authorized to practice civil engineering as defined by Ohio R.C. Chapter 4733.
(56) FAMILY: One (1) or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, or hotel, as herein defined, provided, however, that unless all members are related by blood, adoption, or marriage, no such family shall contain over five (5) persons.
(57) FENCE: Any structure composed of wood, metal, stone, plastic, or other natural and permanent material erected in such a manner and positioned as to enclose, partially enclose, or otherwise restrict access or separate any yard or any part thereof. For the purposes of this Zoning Code, a fence shall include a “hedge,” a “solid fence,” an “open fence,” or a “partially- open fence,” as further defined herein.
A. Trellises, arbors, pergola, or other structures for the purpose of supporting vines, flowers, and other vegetation shall be included within the definition of the word “fence” when erected in such position as to enclose, partially enclose, or otherwise restrict access or separate any premises.
B. Structures erected other than on lot lines or within five (5) feet of lot lines, which have solely an ornamental purpose and which do not in fact serve the purpose of enclosing or partially enclosing premises, separating premises from adjoining premises, hedges, retaining walls, or radio controlled fences, shall not be included within the definition of the word “fence.”
(58) FENCE, ACCENT FENCE. A fence that is used solely for ornamental purposes and does not enclose or partially enclose an area.
(59) FENCE, BOARD ON BOARD or ALTERNATING BOARD ON BOARD FENCE. A fence constructed of vertical wood boards or other natural and permanent material with one-inch nominal size boards between, or upon, a frame of two (2) inch nominal members and four by four (4 x 4) inch nominal posts.
(60) FENCE, CHAIN LINK FENCE. A fence, usually made of metal loops of wire interconnected in a series of joined links and including vinyl plastic- coated or painted varieties.
(61) 61. FENCE, ELECTRIFIED FENCE. All fences or structures containing a device or object that emits or produces an electric charge, impulse, or shock when the same comes into contact with any other object or any person, animal, or thing, or which causes or may cause burns to any person or animal. So-called wireless or radio-controlled fences that utilize radio signals and control collars are excluded from this definition.
(62) FENCE, INDUSTRIAL OR SECURITY FENCE. An open fence made with metal wire having sharp points, barbs, edges or other attached devices designed to discourage physical contact along its length.
(63) FENCE, LOUVER or VENTILATING FENCE. A fence made of a series of wood slats or other natural and permanent material placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(64) FENCE, OPEN FENCE: A fence constructed for its functional, ornamental or decorative effect and, when viewed at right angles, having not less than fifty (50) percent of its vertical surface area open to light and air.
(65) FENCE, PARTIALLY-OPEN FENCE. A fence designed to offer a vertical, but not totally blocked, visual separation. This fence is used where a low level of screening is adequate to soften the impact of the use or where partial visibility between areas is more important than a total visual screen.
(66) FENCE, PICKET FENCE. A partially-open fence made of upright wooden poles or slats. This fence may be an open fence if the space between the vertical boards is greater than the width of the boards.
(67) FENCE, RADIO-CONTROLLED FENCE. The use of insulated wire (typically low voltage and located underground) to transmit a radio signal to a receiving device. Radio-controlled fences are exempt from these regulations.
(68) FENCE, RETAINING WALL. A wall composed of wood, stone, brick or other decorative masonry material designed to hold back a portion of higher ground from a lower one. A retaining wall permits two elevation levels to be placed adjacent to each other with an abrupt vertical change between them.
(69) FENCE, SMOOTH RAIL, SPLIT RAIL, MILLED RAIL, or CONTEMPORARY RAIL FENCE. A fence constructed of narrow, whole or split, wooden timbers or boards placed horizontally between upright supporting posts. Smooth rail, split rail, milled rail or contemporary rail fences may have supplemental wire fencing or mesh attached to the interior of the fence. Such wire shall be painted or coated black. For the purpose of improved containment, the opening size shall be not less than three feet by three feet (3' X 3') and designed in a horizontal grid.
(70) FENCE, SOLID FENCE. A fence designed to inhibit public view and provide seclusion and, when viewed at right angles, having more than twenty (20) percent of its vertical surface area closed to light and air.
(71) FENCE, SOLID-PICKET FENCE. A fence made up of upright one-inch by two-inch nominal wooden boards or other natural and permanent material, that abut one another, side by side with no openings. The top of the fence may be pointed or blunt.
(72) FENCE, STOCKADE OR PALISADE FENCE. A fence constructed with a row of large pointed stakes of wood or other natural and permanent material placed upright against each other having more than fifty (50) percent of the area of its vertical plane closed to light or air.
(73) FENCE, TRELLIS OR ARBOR. A partially-open fence of latticework used as a screen or as a support for the purpose of supporting vines, climbing plants, flowers, and other vegetation when erected in such position as to enclose or otherwise restrict access or separate any premises.
(74) FENCE, WALL, STONE or BRICK FENCE. A solid fence constructed of stone or brick.
(75) FENCE, WROUGHT-IRON FENCE. A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought-iron fences shall not have pointed ends exposed but may have finials with blunt ends.
(76) FLOOD PLAIN: That portion of land adjacent to a river, creek, or ditch which is covered with water when the river, creek, or ditch overflows its banks at flood stage or is estimated to become subject to flooding.
(77) FREE-STANDING SIGNS: A sign supported by one or more upright poles, columns, or braces placed in or on the ground and not attached to any building or structure.
(78) FRONTAGE: The length of any one (1) property line of a premises, which property line abuts a legally accessible street right-of-way. If a lot has more than one (1) property line abutting a legally accessible street right-of-way, then both property lines shall be considered to have frontage.
(79) GARAGE, PRIVATE GARAGE: An accessory building housing not more than three (3) automobiles in which no occupation or business is carried on.
(80) GARAGE, COMMUNITY GARAGE: An accessory building for the storage of four (4) or more passenger automobiles of tenants of one (1) or several apartment buildings in which no occupation, business, or service is carried on.
(81) GARAGE, REPAIR SHOP GARAGE: A building or part thereof in which general repair of any kind is performed on motor vehicles and in which the painting of cars and body and fender work is only incidental.
(82) GARAGE SALES: Temporary sales of personal property on resident's premises and shall include, but shall not be limited to, yard sales, patio sales, carport sales, basement sales, porch sales, driveway sales, and the like.
(83) GASOLINE SERVICE STATION: A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories, and for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
(Ord. 2008-06. Passed 4-14-08.)
(83.1) GAZEBO: Is an accessory building that is detached, covered, freestanding, open air structure. (Ord. 2013-43. Passed 9-23-13.)
(84) GRADE:
A. For buildings having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the wall adjoining the street. Where no sidewalk exists, the elevation of the center line of the street shall be used in lieu thereof.
B. For buildings having walls adjoining more than one (1) street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
D. Any wall approximately parallel to and not more than five (5) feet from a street line is to be considered as adjoining the street. W here no sidewalk exists, the elevation of the centerline of the street shall be used in lieu thereof.
(85) HEDGE. A row of dense, closely spaced living plant material composed of vines, trees, shrubs, bushes or combination thereof with an opacity of over seventy-five (75) percent.
(86) HIGH WATER LEVEL: The estimated high water level as determined by the appropriate public agency from calculations based on a twenty-five (25) year rainfall frequency provided.
(87) HISTORIC INTEGRITY: A composite of seven component elements of a historic period and that are present today in the same configuration and similar condition, including: location, design, setting, materials, workmanship, feeling, and association. These components serve as the benchmark for identifying which resources contribute to significant aspects of a neighborhood’s history and that determine whether subsequent proposed changes contribute to or detract from its spatial organization, physical components, aspects of design, and historic associations that it acquired during its period of significance. Alterations introduced after the period of significance generally detract from integrity. Their impact on the district's overall integrity, however, depends on their scale, number, and conformity with the historic design. The presence of certain characteristics may be more important than others.
(88) HISTORIC INVENTORY: A list of Locally Significant Resources identified by the Historic District Commission and kept at the Municipal Building for review by the public. This inventory consists of a completed Ohio Historic Inventory Form, a Facade Condition Survey Form, and a recent photograph of each historic resource within the City.
(89) HOME OCCUPATIONS: An occupation, profession, or activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the character of the neighborhood.
(90) IMPROVEMENTS: Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(91) INDUSTRIAL DEVELOPMENT: A planned industrial area specifically for industrial use, providing screen planting, and adjacent roadway improvements.
(92) INDUSTRIALIZED UNIT: A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self- sufficient as a dwelling unit or as part of a greater structure, and that requires transportation to the site of intended use. An industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity on a permanent foundation. An industrialized unit does not include a “manufactured home” or ”mobile home” as defined herein.
(93) LAW DIRECTOR: The Solicitor as described in the City Charter of Rossford.
(94) LOCAL SIGNIFICANCE: Attributes of a structure or district that possess integrity of location, design, materials, workmanship, and association.
(95) LOCALLY SIGNIFICANT RESOURCE: A publicly or privately owned structure, object, or site that is at least fifty (50) years old and which possesses historic, cultural ,architectural, or archeological significance, meeting at least one of the following three criteria:
A. It has value as a site of historic events that have made a significant contribution to the broad patterns of history in the area;
B. It has value as a site identified with a person or persons who significantly contributed to the culture and development of the area;
C. It has value as a site characterized by a distinctive architectural style, embodying elements of architectural design, detail, materials, or of a type, period, or method of craftsmanship.
D. It has value a
(96) LOT: A parcel of land, platted (in a subdivision of record) or unplatted (metes and bounds), intended as a unit for transfer of ownership, occupied or intended to be occupied by a building and its accessory buildings or by group dwellings and their accessory buildings, together with such open spaces as are required by law and having its principal frontage upon a public street.
(97) LOT, CORNER LOT: A lot having two (2) adjacent sides abutting upon two (2) streets.
(98) LOT DEPTH: The mean horizontal distance between the front and rear lot lines.
(99) LOT, DOUBLE FRONTAGE LOT: A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot.
(100) LOT, INTERIOR LOT: A lot other than a corner lot with only one (1) frontage on a street.
(101) LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Wood County, Ohio. For the purposes of this Ordinance, any preliminary plan of a subdivision which has been approved by official action of the Planning Commission prior to the date upon which this Ordinance becomes effective, has the same status as if the subdivision plan were officially recorded.
(102) LOT, MINIMUM AREA OF LOT: The area of a lot computed exclusive of any portion of the right-of-way of any public street or private road.
(103) LOT WIDTH: The width of a lot at the setback line for the front yard.
(104) MANUFACTURED HOME: 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 1974, 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. A manufactured home does not include an “industrialized unit” or a “mobile home” as defined herein.
(105) MARINA, PRIVATE: A small harbor or boat basin providing dockage for small pleasure craft.
(106) MOBILE HOME: A building unit or assembly of closed construction that is fabricated in an off-site facility on a permanent chassis and is transportable in one or more sections, is more than thirty-five body feet in length, and when erected on site is three hundred twenty or more square feet. A mobile home does not qualify as an “industrialized unit” or a “manufactured home.”
(107) MONUMENTS:
A. TYPE A: A cylindrical concrete marker six (6) inches in diameter and thirty (30) inches in length with a one-quarter (1/4) inch iron rod cast at the central axis of the cylinder. Said marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground.
B. TYPE B: A cylindrical concrete marker as described under Type A except that a machine type iron bolt (without nut) of one (1) inch diameter by twelve (12) inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement.
(108) MOTEL: A building in which lodging is provided and offered to the public for compensation and which is open to transient guests as distinguished from a boarding house.
(109) MOTOR HOME: A self-propelled recreational vehicle with permanently installed facilities for cooking, eating, storage, and sleeping.
(110) NONCONFORMING USE: Any building, structure, or land lawfully occupied by a use on the effective date of this Ordinance or any amendment or supplement thereto which does not conform to the use regulations of the district in which it is situated.
(111) OBSCENE/OBSCENITY: Any material or performance that when considered as a whole and judged with reference to ordinary adults is "obscene" if it contains a series of displays or descriptions, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake, or in a way that inspires disgust or revulsion in persons with ordinary sensibilities, or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose. Obscene material or performances shall include any of the following activities as part or in connection with any of the uses of an establishment set forth in this Zoning Code:
A. Human male genitals or the female breast areola in a discernibly turgid state of sexual stimulation or arousal;
B. Fondling, rubbing, penetration, or other erotic touching or display of human genitals, pubic region, buttock, anus, female breasts, or open female labia;
C. Actual sexual activity, normal or perverted, including: human masturbation; the penetration of any orifice with a male penis or sex toy; sexual intercourse; sodomy; cunnilingus; fellatio; bestiality; sadomasochistic activities; or extreme or bizarre violence, cruelty, or brutality used to arouse lust;
D. Excretory functions, actual or simulated, including: urination; defecation; ejaculation; or the aftermath of excretory functions.
(112) OFFICIAL PLAN: A plan adopted by the Planning Commission, deposited with the Director of Public Service and designated as the “Comprehensive Plan”, outlining preferred land use and development within the corporate limits of Rossford and within the territory within three (3) miles of such corporate limits.
(113) OPEN SPACE: An area open to the sky which is or may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(114) ORC: The Ohio Revised Code.
(115) ORDINARY MAINTENANCE: Includes the repair or replacement in kind of features, including but not limited to the roof, eaves, downspouts, siding, windows and doors, provided that it does not result in a change of material, texture, or architectural feature. For the purposes of this Ordinance, sandblasting of masonry and chemical cleaning of masonry is not considered ordinary maintenance.
(116) PARKING AREA: An open plot of land not on a public street, used for the parking of passenger automobiles.
(117) PARKING SPACE, OFF-STREET: For the purpose 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 alley right-of-way.
(118) PARTIES IN INTEREST: Any person who has an immediate and pecuniary interest in an administrative hearing.
(119) PERFORMANCE BOND or SURETY BOND: An agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(120) PERMANENTLY SITED MANUFACTURED HOME: 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 any addition, has a width of at least twenty-two feet at one point, a length of at least twenty-two feet at one point, and a total living area, excluding garages, porches, or attachments, of at least nine hundred square feet.
C. The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch minimum eave overhang, including appropriate guttering.
D. The manufactured home has conventional residential siding and a six (6) inch minimum eave overhang, including appropriate guttering.
E. The structure was manufactured after January 1, 1995.
F. The structure is not located in a manufactured home park as defined by Section 3733.01 of the Ohio Revised Code.
(121) PLANNED UNIT DEVELOPMENT (PUD): An area of land in which a variety of housing types and/or related residential facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Ordinance. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(122) PLANNING COMMISSION: The Municipal Planning Commission of the City of Rossford.
(123) PLAT: A map of a tract or parcel of land the details of which are provided for in Section 1152.04 (Final Plat Requirements), herein.
(Ord. 2008-06. Passed 4-14-08.)
(123.1) PLAYHOUSE: Is a freestanding structure, exclusively for the use of children, with a maximum height not to exceed 12 feet in a side yard and 15 feet in a rear yard. (Ord. 2013-43. Passed 9-23-13.)
(124) PRESERVATION: The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure, and provide structural safety without changing or adversely affecting the character or appearance of the structure
(125) PROFESSIONAL ACTIVITIES: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers and similar professions.
(126) PUBLIC DISPLAY: The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any public or private location any media, matter, visual representations, live performances, or services in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult materials are on display to the public.
(127) PUBLIC USE: Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(128) PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation, or maintenance of buildings, power 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 services.
(129) RECREATIONAL FACILITIES: Commercial or non-commercial facilities that offer non-passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities, such as golf courses, driving ranges, tennis courts, and swimming pools, and indoor recreational facilities in which all activities are conducted indoors. This definition could also include a combination of indoor and outdoor recreational services.
(130) RECREATIONAL VEHICLE: A vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses.
(131) RECREATIONAL VEHICLE PARKS: A park with only one postal address and with or without electrical, water, and sewer hook-ups or disposal areas intended to serve recreational vehicles on a daily rental basis.
(132) REHABILITATION: The process of returning property to a state of utility, through repair or alteration, which makes possible an efficient, contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
(133) 8RESTAURANT: A commercial enterprise where the primary, lf not exclusive, activity and purpose is the preparation, sale, and consumption of food of all kinds to the public.
(134) 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, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
(135) ROADSIDE STAND: A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(136) SATELLITE DISH: A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
(137) SERVICE STATION: See gasoline service station.
(138) SECRETARY OF THE INTERIOR'S STANDARDS: Ten standards first developed by the U.S. Department of the Interior to evaluate proposed treatments of historic properties and to ensure that work affecting a historic property would be consistent with the character of the building and the district in which it is located.
(139) SETBACK LINE: A line established on a lot, parallel, or nearly parallel with and measured from the established right-of-way line, easement, or other public area, defining the limits of a yard in which no building, including any accessory buildings or structures like detached garages and in ground pools, may be located in or above ground, except as may be otherwise provided (see Yard) .
(140) SEXUALLY-ORIENTED: Media, matter, visual representations, live performances, or services distinguished or characterized by the emphasis of “specified sexual anatomical areas” or “specified sexual activities” which are not of an “obscene” nature, as defined herein, or do not violate criminal statutes for obscenity or prostitution. Such media, matter, and visual representations may include any one or more of the following: books, magazines, newspapers, periodicals, pamphlets, posters, prints, pictures, photographs, slides, transparencies, figures, images, descriptions, motion picture films, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, tapes, or other printed matter, visual representations, or tangible devices or paraphernalia.
(141) SEXUALLY-ORIENTED ARCADE: An establishment where, for any form of consideration, a substantial portion of the use is related to coin operated, slug operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are maintained to show sexually- oriented images to five or fewer persons per machine at any one time.
(142) SEXUALLY-ORIENTED CABARET: An establishment where, for any form of consideration, a substantial portion of the use is related to sexually- oriented dancing or other sexually-oriented live entertainment, including: exhibitions, dance routines, gyrational choreography, lingerie modeling, lingerie dancers, strippers (male or female), female impersonators, or similar entertainment.
(143) SEXUALLY-ORIENTED ENCOUNTER CENTER: An establishment where, for any form of consideration, a substantial portion of the use is the participation in, or viewing of, sexually-oriented physical contact, including wrestling or tumbling, between male and female persons and/or persons of the same sex.
(144) SEXUALLY-ORIENTED ESCORT AGENCY: A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. The escort is a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
(145) SEXUALLY-ORIENTED MEDIA STORE: An establishment where, for any form of consideration, a substantial portion of the use is the offering of sexually-oriented goods for sale or rent, including: printed matter; visual representations; instruments; devices; toys; novelties; paraphernalia; lingerie; or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices.
(146) SEXUALLY-ORIENTED MOTEL: A hotel, motel, or similar establishment where, for any form of consideration, patrons are provided with sexually-oriented closed-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVDs, slides, or other photographic reproductions and where the establishment:
A. Has a sign visible from the public right-of-way that advertises the availability of this sexually oriented type of materials along with room rentals; or
B. Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or
C. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
(147) SEXUALLY-ORIENTED SPA: An establishment, where for any form of consideration, non-medical or non-surgical manipulative exercises or devices, touch, stroking, kneading, stretching, friction, percussion and vibration are practiced upon the human body, manually or otherwise, with or without the use of therapeutic, electrical, mechanical, or bathing devices. A sexually-oriented spa shall not include a licensed and established hospital or dispensary offering massage therapy and/or body work by a licensed physician, surgeon, dentist, occupational or physical therapist, chiropractor, osteopath, or a massage therapist licensed under Ohio R.C. 4731.16 or under the direct supervision of a licensed physician.
(148) SEXUALLY-ORIENTED STUDIO: An establishment where, for any form of consideration, a person who exhibits “specified sexual anatomical areas” is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. A Sexually-Oriented Studio shall not include a proprietary school licensed by the State of Ohio or a College, Junior College, or University supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a College, Junior College, or University supported entirely or partly by taxation, or in a structure provided such institution meets all of the following criteria:
A. There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing; and
B. In order to participate in a class, a student must enroll at least three (3) business days in advance of the class; and
C. No more than one person exhibiting “specified sexual anatomical areas” is on the premises at any one time.
(149) SEXUALLY-ORIENTED THEATER: A theater, concert hall, auditorium, or similar establishment where, for any form of consideration, a substantial portion of the use is the showing of sexually-oriented movies or sexually- oriented live performances for observation by patrons therein.
(150) SHOPPING CENTER: A grouping of retail businesses and service uses on a single site.
(151) SIGN: A structure or device designed or intended to convey information to the public in written or pictorial form.
(152) SIGN, BILLBOARD: A large, free-standing advertising structure located along a main public street or road designed to attract the attention of passing motorists to a business or product located or available on a different site.
(153) SIGN, DECORATIVE BANNER: A banner placed for a decorative purpose as opposed to advertising purpose on any part of a property.
(154) SIGN, DECORATIVE SIGN: A sign placed for a decorative purpose as opposed to advertising purpose on any part of a property.
(155) SIGN, FLASHING SIGN: A sign with any moving parts, illuminated or non-illuminated.
(156) SIGN, GROUND SIGN: A permanent free-standing sign of less than four (4) feet above the finished grade.
(157) SIGN, HIGH-RISE SIGN: A free-standing sign in excess of thirty (30) feet in height.
(158) SIGN, ILLUMINATED SIGN: A sign, whether permanent or temporary, illuminated in any way with an artificial lighting source.
(159) SIGN, MURALS: An exterior wall painting that does not include advertising for commercial purposes.
(160) SIGN, PENNANT: A fabric or flexible sign, usually temporary in nature, affixed to a pole or structure on one end.
(161) SIGN, POLE SIGN: An advertising sign or signs hung or attached to a free-standing pole or similar structure having a total height of thirty (30) feet or less.
(162) SIGN, PROJECTING SIGN: A sign that projects in perpendicular or “V”- shape fashion from the outside wall of a building.
(163) SIGN, ROOF SIGN: A sign erected upon and located completely above the roof of a building.
(164) SIGN, SECONDARY SIGN: A sign typically advertising special services or public announcements such as time and temperature, located on a separate sign below the main sign, not exceeding ten (10) percent of the main sign.
(165) SIGN, TEMPORARY SIGN: A display, informational sign, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material with or without a structural frame, and intended for a limited period of display including decorative displays for holidays or public demonstrations.
(166) SIGN, WALL SIGN: A sign painted on the outside of a building or attached to, and erected parallel, to the face of a building and supported throughout its length by such building.
(167) SIGN, WINDOW SIGN: A sign painted, attached, or affixed to either the interior or exterior surface of windows or doors. This definition shall not include signs for special announcement sales and other signs designed to serve for a limited period of time.
(168) SPECIFIED SEXUAL ACTIVITIES: The non-obscene display or depiction of any of the following activities as part or in connection with any of the uses of an establishment set forth in this Zoning Code:
A. Casual touching of human genitals, pubic region, buttocks, anus, or female breasts; and
B. Simulated human masturbation, cunnilingus, fellatio, intercourse, or sodomy where the genitals cannot be seen.
(169) SPECIFIED SEXUAL ANATOMICAL AREAS: The non-obscene showing of less than completely and opaquely covered human: genitals; pubic region; vulva; buttocks; anus; anal cleft; or the lower portion of the female breast below a horizontal line across the top of the areola at its highest point, but not including any portion of the cleavage of the human female breast exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola or nipple is not exposed in whole or in part.
(170) STRIP SHOPPING CENTERS: A grouping of retail businesses and service uses on a single site with common pedestrian exterior walking areas and common parking facilities. The term "strip shopping center" includes out parcels.
(171) STORY: The portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(172) STORY, HALF-STORY: A space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use.
(173) STREET: A right-of-way dedicated to public use which provides vehicular and pedestrian access to adjacent properties.
A. PRIMARY STREET: A street or section line road of substantial continuity which serves or is intended to serve as a major traffic way within the City, County, or both.
B. SECONDARY STREET: A street or quarter section line road of considerable continuity which serves or is intended to serve as the principal traffic way between large and separated areas or districts and which is the main means of access to the primary street or road system.
C. MINOR STREET: A street supplementary to a secondary street and of limited continuity which serves or is intended to serve the local needs of a neighborhood.
(174) STRUCTURE: Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, roadside stands, monuments, statues, flagpoles, and signs.
(175) SUBDIVIDER: The person or entity effecting or in any way participating in the subdivision of land.
(176) SUBDIVISION:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two (2) or more parcels, sites or lots, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership.
B. The improvement of one (1) or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private roads serving industrial structures.
C. The division or allocation of land as open spaces for common use by owners, occupants, or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities.
D. The following transfers are not subdivisions:
1. The division of land into parcels of more than five (5) acres not involving any new streets or easements of access.
2. The sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites and does not result in a lot with less than the minimum requirements of the Zoning Ordinance for such area.
(177) SUBDIVISION REGULATIONS or REGULATIONS: An Ordinance, passed and which is codified as Title Five “Planning and Platting” of Part Eleven of the Municipal Ordinance of Rossford.
(178) SUBSTANTIAL PORTION: A measurement, count, or ratio used in the determination of a sexually oriented business, that applies as follows:
A. For sexually-oriented materials in displays visible or self-accessible to the public – more than ten (10) percent of the content, stock-in- trade, shelf-space, or inventory of the establishment;
B. For sexually-oriented materials in separate rooms or areas with access control which isolates the room or area from other parts of the store and prevents patrons from viewing sexually-oriented material from the rest of the establishment – more than forty (40) percent of the gross floor area of the establishment;
C. For performance activities or the showing of films, motion pictures, video cassettes, slides, or similar visual or photographic reproductions – more than ten (10) percent of the presentations or performances within any ninety (90) calendar day period in the establishment are:
1. Characterized by the depiction or description of specified sexual activities or specified sexual anatomical areas; or
2. The showing of movies where the Motion Picture Association of America Movie Rating System or a rating system using similar constitutionally acceptable standards would apply an “adults only” rating, including, but not limited to “NC-17,” “X,” “XX,” or “XXX;” or unrated films with comparable content.
(179) SUPERBLOCK: A block of exceptionally large size in both dimensions with access to interior lots by cul-de-sac branching in from a surrounding street or streets and/or providing one or more open spaces.
(180) SURVEYOR: A registered surveyor authorized to practice surveying, as defined by ORC 4733.
(181) SWIMMING POOL, PRIVATE: Any pool or open tank, not located within a completely enclosed building, which contains or is normally capable of containing water to a depth at any point greater than two (2) feet, and where swimming is normally permitted for the enjoyment of the occupants of the principal use of the property on which it is located.
(182) TRACING: A translucent drawing on linen, Mylar, cronaflex, or equal, from which a print can be taken directly.
(183) TRAVEL TRAILER: A non-self propelled recreational vehicle not exceeding an overall length of thirty-five (35) feet, exclusive of bumper and tongue or coupling, including the tent type or fold out type trailer.
(Ord. 2008-06. Passed 4-14-08.)
(183.1) TREE HOUSE: Is an accessory structure which utilizes one or more trees for structural support and incorporates the tree into the design.
(Ord. 2013-43. Passed 9-23-13.)
(184) USE: The specific purposes for which a building or land is designated, arranged, intended or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity, or operation carried on in a building or on premises, or the name of a building, place, or thing which name indicates the use or intended use.
(185) USEABLE FLOOR AREA: The areas of all floors of a building, including basement, penthouse, enclosed porches, atriums, mezzanines, or attic story that are used for human occupancy. The useable floor area will be measured from the exterior surfaces of the walls. Useable floor area also includes the elevator shafts and spaces used for mechanical equipment with headroom of six (6) feet, six (6) inches or more. Useable floor area does not include cellars or unenclosed porches unless access is limited and an outdoor use is planned, or attics not used for human occupancy or any floor space in an accessory building or the main building designed for the parking of motor vehicles.
(186) VARIANCE: For purposes of this Ordinance, a variance is defined as a modification of the strict terms of the relevant regulations of this Ordinance 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 this Ordinance would result in practical difficulties. Variances can only be granted by the Board of Zoning Appeals as provided under Chapter 1103 (Board of Zoning Appeals), herein unless such variances are applied for at site plan or Subdivision review, then they shall be considered by the Planning Commission.
(187) WALKWAY: A dedicated public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.
(188) WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(189) WIRELESS TELECOMMUNICATIONS FACILITY: A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
(190) WIRELESS TELECOMMUNICATIONS TOWER: A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed, and lattice construction steel structures.
(191) YARD: Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings, or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
A. YARD, FRONT: A yard extending between side lot lines across the front of a lot and from the front lot line to the setback line.
B. YARD, REAR: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the main building.
C. YARD, SIDE: 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.
(192) ZONING MAP OR MAP: The Zone Map of the City of Rossford.
(193) ZONING PERMIT: A document issued by the Zoning Inspector (sometimes "Inspector" herein) authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(194) ZONING ORDINANCE: An ordinance enacted by the City Council which sets forth regulations and standards relating to the nature and extent of uses of land and structures, which is consistent with the Comprehensive Plan of the City, which includes a Zoning Map, and which is codified as Titles I, III, and VII of Part 11 of the Municipal Ordinance of Rossford.
(Ord. 2008-06. Passed 4-14-08.)
City of Rossford
PC and PI Districts
R-O-W Landscaping Requirements
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(Ord. 2008-06. Passed 4-14-08.)
MUNICIPAL CODE OF ROSSFORD