(A) Interpretation of terms or words. For the purpose of this chapter, certain terms or 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 words 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) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates, or requires, a different meaning.
ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
ACRE. A measure of land area. One ACRE shall equal 43,560 square feet.
ADULT ENTERTAINMENT FACILITIES. A facility having a significant portion of its function as adult entertainment, which includes the following listed categories.
(a) ADULT BOOKSTORE. An establishment having as a substantial or significant portion of its stock in trade books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, or relating to, “specified sexual activities” or “specified anatomical areas” as herein defined, or an establishment with a segment or section devoted to the sale or display of such material.
(b) ADULT BOOTH. Any area of a sexually-oriented business establishment or tattoo parlor set off from the remainder of such establishment by one or more walls, or other dividers or partitions, and used to show, play, or otherwise demonstrate any adult materials, or to view any live performance, that is distinguished or characterized by an emphasis on the exposure, depiction, or description of “specified anatomical areas” or the conduct, or simulation, of “specified sexual activities”.
(c) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale or services, or products, characterized by the exposure or presentation of “specified anatomical areas” or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of ADULT ENTERTAINMENT BUSINESS are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
(d) ADULT MATERIAL. Any of the following, whether new or used:
1. Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of “specified anatomical areas” or the conduct, or simulation, of “specified sexual activities”;
2. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of “specified anatomical areas” or the conduct, or simulation, of “specified sexual activities”; and/or
3. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with “specified sexual activities”, or that depict, or describe, “specified anatomical areas”.
(e) ADULT MINI MOTION PICTURE THEATRE. A facility with a capacity for less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.
(f) ADULT MOTION PICTURE THEATRE. A facility with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to “specified sexual activities” or “specified anatomical areas”, for observation by patrons therein.
ADVERTISING STRUCTURE. Any outdoor display for the purpose of advertisement, notice, or announcement located apart from the premises or product referred to in the display.
AGRICULTURE. Includes farming; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and furbearing animals; poultry husbandry, and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber, pasturage; any combination of the foregoing; and the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.
AIRPORT. A tract of land designated and set aside for the landing and take-off of commercial and/or non-commercial aircraft, for the discharge or receiving of cargo and/or passengers, or for the repair, fueling, or storage of aircraft; and which contains facilities for aircraft including, specifically, a paved strip on which airplanes land and take-off. An AIRPORT shall not be construed to be a private landing field as defined herein.
ALLEY. Any public way or thoroughfare less than 20 feet in width, which has been dedicated to the public or public use.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.
APARTMENT. A portion of a building comprising a single dwelling unit consisting of a room, or suite of rooms, intended, designed, or used as a permanent residence by an individual or one family.
AUTOMOTIVE REPAIR. The repair, rebuilding, or reconditioning of motor vehicles, or parts thereof, including collision services, painting, and steam cleaning of vehicles.
AUTOMOTIVE SERVICE STATION. The portion of property where flammable or combustible liquids or gases used as fuel are stored and dispensed from fixed equipment into the fuel are stored and dispensed from fixed equipment into fuel tanks of motor vehicles. Accessory activities shall be permitted to include automotive repair and maintenance, car wash service, and food sales.
AUTOMOTIVE VEHICLE. A vehicle which is designed and manufactured to be self-propelling or self moving upon the public highway. More specifically, as referred to in this chapter, it includes: AUTOMOBILES, TRUCKS, TRACTORS, and MOTORCYCLES.
BASEMENT. A story all, or partly, underground, but having at least one-half of its height below the average level of the adjoining ground.
BED AND BREAKFAST FACILITIES. Single-family dwellings offering room and board without individual kitchen facilities for up to five persons who are transient.
BREEZEWAY. A roofed structure, with or without enclosing walls, connecting an accessory structure to the principal building.
BUILDING. Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
BUILDING HEIGHT. The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs, and the average height 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.
BUILDING LINE. See SETBACK LINE.
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.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
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, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry facilities, supermarkets, and the like.
BUSINESS, DRIVE-IN. Any business, structure, or premises which is designed primarily to serve occupants of motor vehicles without the occupants having to leave the vehicle.
BUSINESS, SERVICE. Any profit-making activity which renders services primarily to the public or to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses. Some retail sales may be involved in connection with the service tendered.
BUSINESS, SHOPPING-TYPE REPAIR. A retail or service business which supplies a wide variety of comparison goods and sendees to consumers in a market area that includes the community or an area greater than a community. Examples of SHOPPING-TYPE BUSINESSES greater than a community are furniture stores, automobile sales, and service and clothing shops.
CAMPGROUND, COMMERCIAL OR PRIVATE. An area of land providing space for, or containing, two or more recreational vehicles, camping tents, or other similar temporary recreational structures, where they may be parked or erected for a continuous period of time not exceeding 60 days. CAMPGROUNDS shall include any building, structure, tent, vehicle, or enclosure used, or intended for use, as part of the equipment of such campground, and providing sewer, water, electric, or other similar facilities required to permit occupancy of such recreational vehicles or camping tents.
CEMETERY. Land used, or intended to be used, for the burial of the human dead and dedicated for cemetery purposes.
CHANNEL. A natural or artificial watercourse of perceptible extent with bed and banks to confine and conduct continuously or periodically flowing water.
CHASSIS. The steel undercarriage, supporting framework to which a dwelling is permanently attached.
CHILD DAY CARE. Care provided for any part of the 24-hour day for infants, toddlers, preschool children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption, in a place or residence other than the child’s own home. Places of worship during religious services are not included.
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.
CLUB. A building, or portion thereof, or premises owned or operated by a person for a social, literary, political, educational, fraternal, or recreational purpose primarily for the exclusive use of members and their guests.
COMMERCIAL RECREATION ESTABLISHMENT. Any private, public, or semi-public recreation or amusement facility which is located within an enclosed building or structure and is operated for profit, such as videogame arcades, pinball arcades, or other types of amusement game arcades; tennis or racquetball clubs; bowling alleys, skating rinks, or billiard halls; but not including indoor motion picture theatres.
COMMUNITY FACILITIES. Structures and uses intended to be of a cultural, educational, recreational, administrative, or service type which provides for areas of public purposes in higher density residential developments.
COMPREHENSIVE DEVELOPMENT PLAN. A plan, or any portion thereof, adopted by the Planning Commission and legislative authority of the village, showing the general location and extent of present and proposed physical facilities including housing, industrial, and commercial uses, and major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals. CONDITIONAL USES permitted in each district are listed in the schedule of district regulations contained in the sections listed in § 154.076.
CONDITIONAL USE PERMIT. A permit issued by the Zoning Officer upon approval by the Board of Zoning Appeals to allow a use, other than a principally permitted use, to be established within the district.
CONDOMINIUM. An ownership arrangement whereby an individual holds title to an individual unit and joint ownership in common property and/or facilities under the provisions of R.C. Chapter 5311.
CONSTRUCTION TRAILER. A temporary building or trailer used in conjunction with construction work that only may be permitted in any district during the period construction work is in progress, but such temporary facilities shall be removed upon completion of the construction work. A CONSTRUCTION TRAILER shall not be used as a residential dwelling.
CORNER LOT. See LOT TYPES.
DEED RESTRICTION. A legal restriction, not enforceable by zoning, on the use of land contained in the deed to the property.
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.
DETACHED. Not connected in any manner by walls or other structural supports.
DISH-TYPE ANTENNA. An antenna with foundation, supports, receiver, electric supply, with or without rotor, and any other ancillary equipment required to receive and display audio or video signals from satellites.
DWELLING. Any building or structure (except a recreational vehicle or manufactured dwelling-housing, as defined by R.C. § 4501.01), which is wholly or partly used, or intended to be used, for living or sleeping by one or more human occupants.
DWELLING, (HOUSING) MANUFACTURED. 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, 42 U.S.C. §§ 5401 and 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C. § 5415, certifying compliance with all applicable federal construction and safety standards. This category does not include the sub-assembly methods of construction known as pre-fab or pre-cut, in which cases some portion of the preparation or sub-assembly may be done at the factory but not erected at the foundation site.
DWELLING, MOBILE HOME. A non-self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight feet or more in width and more than 35 feet in length, which, when erected on site, is 320 or more square feet, that is transportable in one or more sections, and which does not qualify as a manufactured dwelling-housing or industrialized unit as defined herein.
DWELLING, MULTI-FAMILY. A dwelling consisting of two or more dwelling units including condominiums with varying arrangements of entrances and party walls. MULTI-FAMILY HOUSING may include public housing and industrialized units.
DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, 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.
DWELLING, SINGLE-FAMILY.
(a) A single dwelling unit only, separated from other dwelling units by open space. Detached, individual dwelling units, which accommodate one family living as one housekeeping unit.
(b) The type of construction of such units shall conform to the applicable building code, or be classified as an industrialized unit under the State Basic Building Code, or conform to the R.C. § 3781.06 definition of PERMANENTLY-SITED MANUFACTURED HOUSING, as follows:
1. Be constructed pursuant to the HUD Code (Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401 and 5403) after January 1, 1995;
2. Have a permanent label or tag attached to it as specified in 42 U.S.C. § 5415, certifying compliance with all federal construction and safety standards;
3. Be attached to a permanent frost-free foundation; meaning permanent masonry, concrete, or a locally approved footing or foundation (slab, crawl spare foundation, or full foundation), and connected to appropriate utilities;
4. Excluding any additions, have a width of at least 22 feet, and a length of at least 22 feet, as manufactured;
5. Have a total living area of 1,200 square feet, excluding garages, porches, or attachments;
6. Have conventional residential siding (for example, lap, clapboard, shake, masonry, vertical natural materials), a six-inch minimum eave overhang, and a minimum “A” roof pitch of three to 12;
7. Have removed its indicia of mobility (temporary axles, trailer tongue, running lights) upon placement upon its foundation;
8. Meet all applicable zoning requirements uniformly imposed on all single-family dwellings in the particular district (excepting contrary requirements for minimum roof pitch and requirements that do not comply with HUD Code standards for manufactured dwelling-housing); and
9. Is not located in a manufactured dwelling-housing park as defined herein.
DWELLING, STICK-BUILT. A way of describing any structure built from boards of lumber and other building materials in which a substantial amount of the required material and construction labor are brought together in final form at the foundation site.
DWELLING UNIT. Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities, or municipal or other governmental agencies, of underground gas, electrical, water transmission, or distribution systems, collection, communication, supply, or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are 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.
FAMILY. One or more related persons occupying a single dwelling unit.
FARM. An area of land on which at least $2,500 gross sales from agriculture products was produced and thus must meet CAUV standards. All FARMS larger than ten acres qualify for CAUV if they have been devoted exclusively to commercial agricultural use for the past three years. FARMS smaller than ten acres are eligible if the average yearly gross farm income for the past three years is at least $2,500 from commercial agricultural production. (See R.C. § 5713.30(A) for further explanation.)
FARM MARKET. A building or structure designed or used, or intended to be used, for the display and/or sale of produce, raised on farms owned or operated by the farm market operator.
FLOODPLAIN. The land, including the flood fringe and the floodway, subject to inundation by the regional flood.
FLOOD, REGIONAL. Large floods which have previously occurred, or which may be expected to occur, on a particular stream because of like physical characteristics. The REGIONAL FLOOD generally has an average frequency of the 100-year recurrence interval flood.
FLOODWAY. The portion of the floodplain, including the channel, which is reasonably required to convey the regional floodwaters. Floods of less frequent recurrence are usually contained completely within the FLOODWAY.
FLOODWAY FRINGE. The portion of the floodplain, excluding the floodway, where development may be allowed under certain restrictions.
FLOOR AREA OF A RESIDENTIAL BUILDING. The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
FLOOR AREA OF A NONRESIDENTIAL BUILDING (TO BE USED IN CALCULATING PARKING REQUIREMENTS). The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms, and similar areas.
FLOOR AREA, LIVABLE. The livable floor area in square feet of existing or proposed buildings or structures, or additions thereto, shall be computed by multiplying the outside horizontal dimensions with each floor of the livable area. Porches, carports, and similar structures shall not be considered in computing the TOTAL LIVABLE AREA.
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. Manufactured dwelling-housing floor area shall be determined by the bill of sale, which may or may not include up to a four-foot long tongue.
FOOD PROCESSING. The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
FOUNDATION, PERMANENT. Permanent perimeter masonry, concrete, or a locally approved footing or foundation to which a dwelling may be affixed.
GASOLINE SERVICE STATION. Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail.
HAZARDOUS WASTES. The 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.
HOME OCCUPATION. An occupation conducted in a dwelling unit; provided that no more than one person other than members of the family residing on the premises shall be engaged in such occupation. The use of the dwelling unit for the HOME OCCUPATION shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 35% of floor area of the dwelling unit shall be used in the conduct of the HOME OCCUPATION. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, not exceeding four square feet in area, non-illuminated, and mounted flat against the wall of the principal building. 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 chapter.
JUNK. Old scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, junked, dismantled, or wrecked automobiles or parts thereof; iron, steel, and other old or scrap ferrous or non-ferrous materials.
JUNK YARD. An establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, or for the maintenance or operation of an automobile graveyard. It shall also include scrap metal processing facilities which are located within 1,000 feet of the nearest edge of the right-of-way of a highway or street, and any site, location, or premises on which are kept two or more junk motor vehicles, as defined in R.C. § 4513.65(A), whether or not for a commercial purpose.
KENNEL. Any lot or premises on which dogs, cats, or other household pets are boarded, bred, or exchanged for monetary compensation.
LITTER. Garbage, trash, waste, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, automobile parts, furniture, glass, or anything else of an unsightly or unsanitary nature thrown, dropped, discarded, placed, or deposited by a person on public property, private property, or in or on waters of the state.
LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pick ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space. All OFF-STREET LOADING SPACES shall be located totally outside of any street or alley right-of-way.
LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:
(a) A single lot of record;
(b) A portion of a lot of record; and/or
(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 record.
LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street except for waterfront property, in which case the portion of the lot nearest the main body of water shall be the front of the lot. For the purpose of determining yard requirements on corner lots and through lots for non-waterfront property, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated in § 154.133.
LOT, MINIMUM AREA OF. The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
LOT MEASUREMENTS. A lot shall be measured as follows:
(a) 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; and
(b) WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
LOT TYPES. Terminology used in this chapter 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 of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees;
(b) INTERIOR LOT. A lot with only one frontage on a street;
(c) 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; and
(d) THROUGH LOT. A lot other than a corner lot with frontage on more than one street. THROUGH LOTS abutting two streets may be referred to as double frontage lots.
MAJOR THOROUGHFARE PLAN. The portion of comprehensive plan adopted by the Board of County Commissioners indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.
MANUFACTURED DWELLING-HOUSING or MANUFACTURED DWELLING-HOUSING PARK. Any tract of land upon which three or more manufactured dwelling-housing or mobile homes uses for habitation are located, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used, or intended for use, as part of the facilities of the park. A tract of land that is subdivided and on which the individual lots are not for rent or rented, but are for sale or sold for the purpose of locating manufactured dwelling-housing or mobile homes is not a MANUFACTURED DWELLING-HOUSING PARK unless three or more manufactured dwelling-housing or mobile homes used for habilitation are located upon any one individual lot. MANUFACTURED DWELLING-HOUSING PARK does not include any tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp.
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.
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; operating and storing within enclosed structures; and generating little industrial traffic and no major nuisances.
MINING, COMMERCIAL QUARRIES, SAND, AND GRAVEL PITS. Any mining, quarrying, or processing of limestone, clay, sand, and gravel, or other mineral resources. Also referred to as MINERAL EXTRACTION.
MANUFACTURED DWELLING-HOUSING. A building unit or assembly of closed construction that is fabricated in an off-site facility that is more than 35 body feet in length or, when erected on site, is 320 or more square feet, that is built on a permanent chassis and transportable in one or more sections, and that does not qualify as a manufactured home or as an industrialized unit.
MODULAR UNIT.
(a) A factory-fabricated transportable building designed to be used by itself or to be incorporated with similar units at a building site into a modular structure. The term is intended to apply to major assemblies and does not include prefabricated panels, trusses, plumbing trees, and other prefabricated sub-elements which are to be incorporated into a structure at the site.
1. MANUFACTURED DWELLING-HOUSING. A non self-propelled building unit or assembly of closed construction that is fabricated in an off-site facility, built on a permanent movable chassis which is eight feet or more in width and more than 35 feet in length, which, when erected on site, is 320 or more square feet, that is transportable in one or more sections, and which does not qualify as a manufactured home or industrialized unit as defined herein.
2. MANUFACTURED DWELLING-HOUSING, 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.
3. MANUFACTURED DWELLING-HOUSING, 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.
4. SECTIONAL UNIT. A dwelling made of two or more modular units transported to the homesite, put on a foundation, and joined to make a single dwelling.
(b) This category does not include the sub-assembly methods of construction known as pre-fab or pre-cut, in which cases some portion of the preparation or sub-assembly may be done at the factory but not erected until at the foundation site.
MOTEL or HOTEL. A series of attached, semi-detached, or detached sleeping or living units, for the accommodation primarily of automobile transient guests, having convenient access to off-street parking spaces, for the exclusive use of the guests or occupants, and including also such accessory commercial uses operated primarily for the convenience of guests, and subject to such restrictions as may be specified in the district where located. (See TRANSIENT LODGING.)
MOTOR VEHICLE SALVAGE FACILITY. Any establishment or place of business which is maintained, used, or operated for buying or selling wrecked, scrapped, ruined, or dismantled motor vehicles or motor vehicle parts.
NONCONFORMITIES. A building, structure, or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations of the district or zone in which it is situated.
NONCONFORMING USE OF LAND AND BUILDINGS. The lawful use of any dwelling, building, or structure, and of any land or premises, as existing and lawful at the time of enactment of a zoning resolution or amendment thereto, may be continued, although such use does not conform with the provisions of such resolution or amendment. If any such NONCONFORMING USE is discontinued for two years or more, any future use of said land or building shall be in conformity with the current zoning resolutions.
NOXIOUS WEEDS. Any type or species that have been included on the official list of noxious plants for the state which includes the following: Wild Mustard; Musk Thistle (Nodding Thistle); Oxeye Daisy; Canada Thistle; Poison Hemlock; Wild Carrot (Queen Annes Lace); Purple Loosestrife; Wild Parsnip; Mile-a-Minute Weed; Russian Thistle; Cressleaf Groundsel; Shattercane; Johnsongrass; and Grapevines (abandoned). NOXIOUS WEEDS possess one or more of the following attributes: aggressive competition with cultivated plants; toxicity to livestock; natural habitat degradation; and/or threat to public health, safety, or navigation.
NUISANCE. A building or property that is structurally unsafe, unsanitary, or not provided with adequate safe egress; that constitutes a fire hazard, is otherwise dangerous to human life, or is otherwise no longer fit and habitable; or that, in relation to its existing use, constitutes a hazard to the public health, welfare, or safety by reason of inadequate maintenance, dilapidation, obsolescence, or abandonment. A NUISANCE could constitute an offensive activity on a property that reduces the property value of neighboring properties, or results in a lessening of normal use and enjoyment to neighboring properties. Examples include noise, junk, automobile storage, accumulation of rodents and/or insects or mosquitoes, rubbish, refuse, and debris, and weeds and tall grass measuring over 12 inches.
NURSERY, GREENHOUSE TREE, AND PLANT. A place where young trees or other plants are raised for transplanting and/or for sale.
NURSERY, NURSING HOME. A home or facility for the care and treatment of babies, children, pensioners, or elderly people.
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, and the like. Institutional offices of a charitable, philanthropic, financial, religious, or educational nature are also included in this classification.
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, any other recreational facilities that the Zoning Commission deems permissive. Streets, parking areas, structure for habitation, and the like shall not be included.
ORIGINAL TRACT. A contiguous quantity of land held in common ownership which has not been platted by the existing owner or owners since the enactment of these regulations.
OUTDOOR RECREATION AREA, PUBLIC OR PRIVATE. Any privately or publicly owned and operated recreation facility or area which is not located within an enclosed building or structure, such as a golf course, tennis courts, ball fields, swimming pools, driving ranges, race tracks, amusement parks, stadiums, motocross or snowmobile circuits, or campgrounds.
PARCEL. An individual lot held under common ownership.
PARKING SPACE, OFF-STREET. 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.
PERFORMANCE BOND OR SURETY BOND. An agreement by a subdivider or developer with the village 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.
PERMANENT FOUNDATION. Permanent masonry, concrete, or locally approved footing or foundation, to which a dwelling may be affixed.
PERMANENTLY-SITED MANUFACTURED HOUSING. See DWELLING, SINGLE- FAMILY.
PERMITTED USE. A use which is specifically authorized by these zoning regulations in a particular zoning district.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, florists, and similar activities.
PLANNED UNIT DEVELOPMENT (PUD). A residential or commercial development guided by a total design plan in which one or more of the zoning or subdivision regulations, other than use regulations, shall be permitted to be waived or varied to allow flexibility and creativity in site and building design and location, in accordance with general guidelines. PLANNED UNIT DEVELOPMENTS are designed and developed subject to the provisions of these regulations.
PLANNED UNIT DEVELOPMENT. An area of land in which a variety of housing types and subordinate commercial and industrial 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 these regulations. 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.
POND. A water impoundment made by constructing a dam or an embankment, or by excavating a pit or dugout. PONDS constructed by the first method are referred to as embankment ponds, and those constructed by the second method are referred to as excavated ponds.
POOL BARRIER. A fence, a wall, a building wall, the wall of an above-ground swimming pool, or a combination thereof, which completely surrounds the swimming pool and obstructs access to the swimming pool.
POOLS, SWIMMING (PRIVATE). Any structure that contains water over 24 inches in depth and which is used, or intended to be used, for swimming or recreational bathing, and which is available only to the family and guests of the householder. This includes in-ground, above-ground, on-ground, and portable swimming pools, hot tubs, and spas.
PRINTING AND PUBLISHING. Any business which is engaged in the printing and/or publishing of newspapers, magazines, brochures, business cards, and similar activities either for profit or nonprofit.
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, and/or private water and sewage service.
PUBLIC USES. Public parks, schools, administrative, and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials, and public service facilities.
PUBLIC UTILITY. The erection, construction, alteration, operation, or maintenance of buildings, power plants, substations, water treatment plant or pump station, sewage disposal plant or pump station, communications facilities and/or equipment, electrical, gas, water, and sewerage service, sanitary landfills, and other similar public sendee structures or facilities, whether publicly or privately owned.
PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, highway, land, road, sidewalk, street, walk, or bicycle path; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
QUASI-PUBLIC USE. Churches, parochial schools, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.
RECREATIONAL, COMMERCIAL. Any business which is operated as a recreational enterprise, either publicly or privately owned, for profit. Examples include, but are not limited to, golf courses, teen centers, bowling alleys, theaters, and the like.
RECREATION, NON-COMMERCIAL. Any business which is operated as a recreational enterprise, either publicly or privately owned, for nonprofit. Examples include, but are not limited to, fishing areas, parks, archery ranges, and the like.
RECREATIONAL VEHICLE. A vehicle type unit primarily designed as temporary (not more than 120 days per calendar year) living quarters for recreational, camping, or travel use only, which either has its own motive power or is mounted on, or drawn by, another vehicle. The basic entities are: travel trailer; camping trailer; truck camper; and motor home. A RECREATIONAL VEHICLE must have a current license. A RECREATIONAL VEHICLE shall not be used as a permanent residence.
RECREATIONAL VEHICLE PARK. A parcel of land upon which two or more recreational vehicles sites are located, established, or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RECREATIONAL VEHICLE SITE. A plot of ground intended for the accommodation of either a recreational vehicle, tent, or other individual camping unit on a temporary basis.
REFUSE. Combustible and noncombustible waste materials.
RELIGIOUS, CULTURAL, AND FRATERNAL ACTIVITY. A use or building owned or maintained by organized religious organizations or nonprofit associations for social, civic, or philanthropic purposes, or the purpose for which persons regularly assemble for worship.
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).
ROOF, MEAN HEIGHT. The average of the roof eave height, and the height to the highest point on the roof surface, except that eave height shall be used for roof angle or less than, or equal to, ten degrees.
RUBBISH/TRASH. Combustible and noncombustible waste materials; the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, crockery, and dust, and other similar materials.
SALVAGE MOTOR VEHICLE. Any motor vehicle which is in a wrecked, dismantled, or worn out condition, or unfit for operation as a motor vehicle.
SANITARY LANDFILL. 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 the solid wastes to the smallest practical volume, and applying and compacting cover material daily.
SCREENING. To provide privacy of adjoining uses, including masonry walls, solid preservatively treated wood, chain link with solid slats, or landscaped with grass and closely planted shrubs, or other evergreen plants.
SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of SEATS is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
SEMITRAILER. A vehicle designed or used for carrying persons or property with another and separate motor vehicle, so that in operation, a part of its own weight or that of its load, or both, rests upon, and is carried by, another vehicle. A SEMITRAILER shall not be used for storage, advertising, business, and residence.
SERVICE STATION. Any building, structure, or land used for the dispensing and 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.
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 accessory building, or structure may be located above ground, except as may be provided in said code.
SETBACK LINE, FRONT. Determined from the edge of the road right-of-way.
SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system, and central sewage treatment facility for a single development, community, or region.
SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage, and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
SIDEWALK. The portion of the road right-of-way outside the roadway pavement, which is improved for the use of pedestrian traffic.
SIGN. Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
(a) SIGN, GROUND. A display sign supported by uprights or braces in, or upon, the ground surface.
(b) SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.
(c) SIGN, LIGHTING DEVICE. Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
(d) SIGN, MARQUEE. 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.
(e) SIGN, OFF-PREMISES. Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered, upon the premises where such sign is located.
(f) 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.
(g) SIGN, POLE. Any sign which is erected on a pole or poles, which is wholly or partially independent of any building for support.
(h) SIGN, POLITICAL. A sign which announces the candidacy of a person or slate of persons running for elective office, a political party, or issue or slate of issues.
(i) SIGN, PORTABLE. A sign which is designed to be easily movable.
(j) SIGN, PROJECTING. A display sign which projects from the exterior of a building.
(k) SIGN, ROOF. A display sign which is erected, constructed, and maintained above the roof of the building.
(l) SIGN, TEMPORARY. A display sign, banner, or other advertising device constructed on cloth, canvas, fabric, 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. A display sign which is painted on, or attached directly to, the building wall.
SOLID WASTES. Such unwanted residual solid or semisolid material as results from industrial, commercial, agricultural, and community operations, excluding earth or material from construction, mining, or demolition operations, 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, framing and finishing lumber, roofing materials, plumbing, plumbing fixtures, wiring, and insulation material.
STORAGE FACILITY. A structure which is partially opened or fully enclosed in which animals, chattels, or property are stored or kept.
STORY. The part of a building between the surface of a floor and the ceiling immediately above.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground, or attachment or something having a fixed location on the ground. Among other things, STRUCTURES include buildings, manufactured dwelling-housing, walls, fences, and billboards.
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 or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
(b) The improvement of one 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 streets serving industrial structures; 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.
SUPPLY YARDS. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
SWIMMING POOL. A pool, pond, lake, or open tank containing at least one and one-half feet of water at any point, and maintained by the owner or manager.
(a) COMMUNITY. Operated with a charge for admission; a primary use.
(b) PRIVATE. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
TELECOMMUNICATION TOWER. Any structure with radio frequency transmission or reception equipment attached that is free standing, or is to be connected to a building or other structure. A TELECOMMUNICATION TOWER shall meet all of the following conditions:
(a) It is constructed on or after October 31, 1996;
(b) It is owned, or principally used, by a public utility engaged in the provision of telecommunication services; and
(c) It is a free-standing structure or is attached to another building or structure, and is higher than the maximum allowable height permitted in the zoning district in which it is located.
THOROUGHFARE, CONTROLLED OR LIMITED ACCESS. A thoroughfare on the interstate highway system, or any other thoroughfare which is so designed as to carry large volumes of through traffic and preclude traffic flow interruptions normally resulting from turning and stopped traffic. CONTROLLED OR LIMITED ACCESS THOROUGHFARES have no grade crossings and utilize exit and entrance ramps, bridges, merge and exit lanes, and other design features to accomplish unimpeded traffic flow, and are not intended to provide direct access to abutting property. CONTROLLED OR LIMITED ACCESS THOROUGHFARES shall not be construed as providing lot frontage as required by this chapter.
THOROUGHFARE, MAJOR OR SECONDARY. An officially designated federal or state numbered highway or county, or other road designated as a major thoroughfare by the County Engineer, or a county or other road designated as a secondary thoroughfare.
THOROUGHFARE, STREET, OR ROAD. The full width between property lines bounding every public way, or whatever nature with a part thereof, to be used for vehicular traffic and designated as follows.
(a) ALLEY. Minor ways used primarily vehicular service access to the back or side of properties abutting on other streets.
(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 subdivisions.
(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) DEADEND STREET. A street temporarily having only one 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 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 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 or collector streets. (Also called FRONTAGE STREET.)
THROUGH LOT. See LOT TYPES.
TOWNSHOUSE. A dwelling unit occupying all, or part, of a floor or floors in a building of one or more floors or stories, but not the entire building, except in those condominium projects in which one of several buildings may contain only one TOWNHOUSE.
TOXIC OR HAZARDOUS MATERIAL. 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.
TRANSIENT LODGINGS. A building in which lodging, or boarding and lodging, are provided and 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.
TRANSPORT TERMINALS. Any business, structure, or premises which primarily receives or distributes goods.
TRANSPORTATION, DIRECTOR OF. The Director of the State Department of Transportation.
USE. The specific purposes for which land or a building is designated, arranged, intended, or for which it is, or may be, occupied or maintained.
USE, TEMPORARY. A use that is authorized by this code to be conducted for a fixed period of time. TEMPORARY USES are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
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.
VETERINARY ANIMAL HOSPITAL OR CLINIC.
(a) 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 or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation.
(b) It may also include boarding that is incidental to the primary activity.
VICINITY MAP. A drawing located on the plat which sets forth by dimensions, or other means, the relationship of the proposed subdivision or use to 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.
WALKWAY. A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
WHOLESALE AND WAREHOUSING. Business establishments that generally store and sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business sendee.
YARD. A required open space, other than a court, unoccupied and unobstructed by any structure, or portion of a structure, from three 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 of visibility.
(a) YARD, FRONT. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(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 principal building.
(c) 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.
ZONING CERTIFICATE. A document issued by the Zoning Officer 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.
ZONING PERMIT. A document issued by the Zoning Officer authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 420, passed 3-4-1981; Ord. 461A, passed 8-5-1985; Ord. 538, passed 3-20-1995)