(a) For the purpose of this Zoning Ordinance, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the work "building" shall include the words "structure" and "premises"; the word "shall" is mandatory and not directory; the words "used" or "occupied" include the words "intended", "designed" or "arranged to be used or occupied"; the word "lot" includes the words "plot" or "parcel"; and the word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. Any word not herein defined shall be as defined in any recognized standard English dictionary.
(1) "Accessory building" means a subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(2) "Accessory use" means a subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(3) "Agricultural activity" includes forests and forest products, harvest and management, dairy farming, livestock grazing and pasturage, truck gardening, the raising of crops, fruit and nursery stock, fish farms, animal kennels and fur-bearing animal farms, and the harvesting, processing, packaging, packing, shipping and selling of products produced on the premises, and incidental farm occupations and uses such as machinery, farm equipment and domestic repair and construction, excluding commercial feed lots.
(4) "Alley" means a public or private thoroughfare which affords only a secondary means of access to abutting property.
(5) "Apartment". See "dwelling unit".
(6) "Automobile service station" means any land, building, structure or premises used for the sale at retail of motor vehicle fuels, oils or accessories or for servicing or lubricating motor vehicles or installing or repairing parts and accessories, but not including the repairing or replacing of motors, bodies or fenders, of motor vehicles or painting motor vehicles, public garages, and the open storage of rental vehicles or trailers.
(7) "Basement" means a story having part but not more than half of its height below grade. A basement is counted as a story for the purposes of height regulation if subdivided and used for dwelling purposes other than by a janitor employed on the premises.
(8) "Board" means the Board of Appeals established in Section 1139.01.
(9) "Boarding house" means a building, other than a hotel, or apartment hotel where, for compensation and by prearrangement for definite periods, lodging, meals or lodging and meals are provided forthree or more persons.
(10) “Buffer area” means any area of land for the purpose of reducing the impact between two different and incompatible zones.
(11) “Buildable area” means the area of the lot left to be built upon after the required yards are provided.
(12) “Building, any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
(13) “Building, height of “Means the vertical distance from the grade to:
A. The highest point of a flat roof,
B. The deck line of a mansard roof, or
C. The average height between eaves and ridge for gable, hip and gambrel roofs.
(14) “Cellar” means that part of a building having more than half of its height below the average grade of the adjoining ground. See also “basement”.
(15) “City” means the City of Salem, Ohio.
(16) “Clinic” means an establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together.
(17) “Club” means buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit and not primarily to render a service which is customarily carried on as a business.
(18) “Commercial feed lot” means an area of land devoted to raising and feeding of livestock where the operation is not a part of normal agricultural activity.
(19) “Commission” means the Planning Commission of the City.
(20) “Conditional use” means a use allowed in a zoning district after a permit is granted by the Board of Appeals according to provisions of Section 1139.01.
(21) “Council” means the Council of the City.
(22) “ Court” means an open space more than half surrounded by buildings.
(23) “District” means a part of the City wherein regulations of this chapter are uniform.
(24) “Dwelling” means any building or portion thereof which is designed and used exclusively for residential purposes.
(25) “Dwelling, modular” means a dwelling unit fabricated at some place other than its final site location and arriving at the site virtually complete in at least two, but not more than six, components and requiring only site preparation and assembly of major components.
(26) “Dwelling, multiple” means a building designed for or occupied exclusively by three or more families.
(27) “Dwelling, single-family” means a building designed for or occupied exclusively for one family.
(28) “Dwelling, two-family” means a building designed for or occupied exclusively by two families.
(29) “Dwelling unit” means one or more rooms in a dwelling occupied of intended to be occupied as separate living quarters by a single family as defined herein.
(30) “Family” means one or more persons related by blood, marriage or adoption occupying a dwelling unit as an individual housekeeping organization. A family may not include more than two persons not related by blood, marriage or adoption.
(31) “Farm” See “agricultural activity”.
(32) “Fence” means a structure for enclosing or screening.
(33) “Floor area” means the square feet of floor space within the outside line of walls and includes the total of all space on all floors of a building. It does not include porches, garages or space in a basement or cellar when the basement or cellar space is used for storage or incidental uses.
(34) “Floor area ratio” means the floor area of the building divided by the area of the lot.
(35) “Frontage” means all the property on one side of a street or highway, between two intersecting streets, crossing or terminating, or for a distance of 400 feet on either side of a proposed building or structure, measured along the line of property on one side between an intersecting street and the dead-end of the street, but not including property more than 400 feet distant on either side of a proposed building or structure.
(36) “Garbage receptacle” means any exterior receptacle in which garbage, waste, refuse or other materials are collected, held, stored or kept for the purpose of disposal or recycling.
(37) “Garage, private” means a detached accessory or portion of a main building housing the automobiles of the occupants of the premises.
(38) “Garage, public” means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, storing or parking motor-driven vehicles. The term “repairing” shall not include an automotive body repair shop nor the rebuilding, dismantling or storage of wrecked or junked vehicles.
(39) “Garage, storage” means any building or premises, used for housing only motor-driven vehicles.
(40) “Grade” means the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(41) “Home occupation” means any occupation or profession carried on by a member of the immediate family, residing on the premises, in connection with which there is used no sign other than a nameplate, not more than one square foot in area, or no display that will indicate from the exterior that the building is being utilized in whole or part for any purpose other than that of a dwelling; there is no commodity sold upon the premises except that prepared on the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical equipment is used except such as is customary for purely domestic household purposes.
(42) “Hotel” means a building in which lodging is provided and offered to the public for compensation, and which is open to transient guests, in contradistinction to a boarding house of lodging house as herein defined.
(43) “Institution” means a nonprofit establishment for public use.
(44) “Kennel” means an establishment where small animals are boarded for compensation or where dogs are bred or raised on a commercial scale.
(45) “Landscaped area” means an area that is permanently devoted to and maintained for the growing of shrubbery, grass and other plant material.
(46) “Landscaping” means non-living durable materials and living materials including, but not limited to, grass, ground cover, shrubs, hedges and trees.
(47) “Loading space” means a space within the main building or on the same lot for the standing, loading or unloading of trucks, having a minimum area of 540 square feet, a minimum width of twelve feet, a minimum depth of thirty-five feet, and a vertical clearance of at least fourteen and one-half feet.
(48) “Lodging or rooming house”. Same as “Boarding house”.
(49) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, open spaces and parking spaces required by this chapter, and having its principal frontage upon a road or street.
(50) “Lot, corner” means a lot abutting upon two or more streets at their intersections.
(51) “Lot, depth” means the horizontal distance between the front and rear lot lines.
(52) “Lot, double frontage” means a lot having frontage on two essentially parallel roads, as distinguished from a corner lot.
(53) “Lot, interior” means a lot other than a corner lot.
(54) “Lot, width” means the width of a lot at the front yard line.
(55) “Lot of record” means a lot or parcel of land the plat or deed of which has been recorded prior to May 1, 1973.
(56) “Motel, motor court, motor lodge, or tourist court” means any building or group of buildings containing guest rooms or dwelling units, some or all of which have a separate entrance leading directly from the outside of the building with garage or parking space conveniently located on the lot, and designed, used, or intended wholly or in part for the accommodation of automobile transients.
(57) “Nonconforming use” means the lawful use of land or a building, or a portion thereof, which use does not conform with the use regulations of the district in which it is located.
(58) “Nursing home” means a home for the aged or infirm in which three or ore persons not of the immediate family are received, kept or provided with food and shelter, or care for compensation; but not including hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
(59) “Open area” means that part of a lot on which no part of a building or structure extends above the following elements:
A. Two feet above the highest curb elevation of the street or streets that bound the lot;
B. One foot above the adjacent curb elevations for each one and one- fourth foot the building or structure is set back from the street lot line except that no portion of the structure shall exceed twelve feet above the adjacent curb elevation. This provision shall not apply to walls or structures that do not extend more than four feet above the adjacent curb elevation.
(60) “Parking space” means a surfaced area, enclosed or unenclosed, sufficient in size to store one automobile, not less than nine feet wide and twenty feet long, together with a driveway connecting the parking space with a street, road or alley and permitting ingress and egress of that automobile without the necessity of moving any other automobile.
(61) “Pedestrian plaza” means an open area, or a permanent public open space, directly and conveniently accessible to the general public during all business hours common in the area, from either a street or alley. Up to two-thirds of the surface of the creditable pedestrian plaza area may be occupied by planting, statuary, pools and similar features, and the balance shall be suitable for walking, sitting and similar pursuits
(62) “Premises” means a lot together with all buildings and structures thereon.
(63) “Screening” means plant material or other nonliving durable material including, but not limited to, walls, birms, mounding or fencing.
(64) “Sign” means an identification, description, illustration or device which is affixed to, or represents, directly or indirectly, upon a building, structure or land and which directs attention to a product, place, activity, person, institution or business.
A. Ground sign” means any sign erected, constructed or maintained for the purpose of displaying outdoor advertising by means of posters, pictures, pictorial and reading matter when such sign is supported by two or more uprights, posts or braces placed upon or affixed in the ground and not attached to any part of a building. This definition shall not include billboards as normally defined which are prohibited in all districts.
B. “Roof sign” means any sign erected, constructed or maintained upon the roof of any building.
C. “Wall sign” means any painted sign or poster on any surface or plane that may be affixed to the front, side or rear wall of any building.
D. “Post sign” means any letter, word, model, sign, device or representation used in the nature of an advertisement or announcement not attached to a building and which is supported by a single stationary pole or post.
E. “Marquee sign” means any sign affixed to a marquee over the entrance to a building and supported from the building.
F. “Sign area” means the total area of space to be used for advertising purposes, including the spaces between open-type letters and figures, including the background structure, or other decoration or addition which is an integral part of the sign. Sign supports shall be excluded in determining the area of a sign. A double-faced sign shall have twice the total area of a single-faced sign.
G. “Advertising device” means banners affixed on poles, wires or ropes and streamers, wind operated devices, flashing lights and other similar devices.
(65) “Trailer or mobile home” means a detached single-family dwelling unit designed to be transported after fabrication on its own wheels, designed for long-term occupancy and containing sleeping accommodations, a flush toilet, a tub or shower bath and kitchen facilities, with plumbing and electrical connections provided for attachment to outside systems, arriving at the site where it is to be occupied as a dwelling complete, including major appliances and furniture and ready for occupancy except for minor and incidental unpacking and assembly operations, location on foundation supports, connection to utilities and the like.
(66) “Trailer or mobile home court” means an area where one or more inhabited trailers can be or are intended to be parked.
(67) “Yard” means an open space, other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this chapter.
(68) “Yard, front” means a yard across the full width of the lot extending from the front line of the main building to the front line of the lot. On corner lots, the front yard shall face the street dimension of the lot except that if the lot is square or almost square, i.e., has dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
(69) “Yard, rear” means a yard extending the full width of the lot between a principal building and the rear lot line.
(70) “Yard, side” means a between the main building and the side line of the lot, and extending from the front yard line to the rear yard line.
(71) “Yard width and depth” means the shortest horizontal distance from a lot line to the main building.
(72) “Yard or garage sale” means the occasional, informal sale of incidental items by a property owner or group of property owners in a yard or garage. The sale of merchandise purchased for resale at such yard or garage sale shall not be permitted.
(73) “Zoning officer” means the individual designated to administer the Zoning Ordinance and who is responsible for the enforcement of the regulation imposed by such Ordinance.
(Ord. 001205-88. Passed 4-3-01.)