For purposes of this chapter, the following definitions shall apply:
(a) "Administrator." The Community Development Director or designee, charged with the implementation and enforcement of this section of the Code.
(b) "Agent." Any individual, person, firm, partnership, corporation or company acting on behalf of the property owner of a residential rental unit. The term "person in charge" shall be considered to be synonymous with the term "agent".
(c) "Approved." Approval by the City Manager or designee, pursuant to this Code, or approved by any other person or board designated by the ordinances of the City to give approval regarding the matter in question.
(d) "Building." Any covered structure built for the support, shelter or enclosure of persons, animals or moveable property of any kind; and which is permanently affixed to the ground by means of a footer and foundation as defined in the State of Ohio Building Code.
(e) "City." The City of Sidney, Ohio.
(f) "Dwelling." Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.
(g) "Dwelling, multi-family." A structure containing three or more dwelling units, each having direct access to the outside, and/or independent access to a common corridor providing access to the outside.
(h) "Dwelling, multi-family complex." A structure or structures on a single lot containing greater than eight dwelling units.
(i) "Dwelling, single-family." A building occupied or constructed to be occupied exclusively for residential purposes by one family.
(j) "Dwelling structure." A building or structure, or a part thereof that is used or designed or intended to be used for residential purposes. "Dwelling structure" is synonymous with the term "residential rental unit structure".
(k) "Dwelling, two-family." A structure containing two dwelling units, each having direct access to the outside.
(l) "Dwelling unit." One room, or a suite of two or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes. A dwelling unit shall include the following components:
(1) A kitchen or kitchenette; and
(2) A bath/toilet facility.
(m) "Effective date." The date at which time this chapter was initially adopted, and any dates of amendments thereto, as adopted by City Council.
(n) "Habitable room." A room or enclosed floor space used or intended to be used for living, sleeping or eating purposes; excluding bathrooms, toilet rooms, laundries, pantries, dressing rooms, storage spaces, foyers, hallways, utility rooms, heater rooms, boiler rooms, basement recreation rooms and areas used for kitchen purposes. The Administrator shall determine the portion of the floor area used for kitchen purposes and such portion, so determined, shall not constitute habitable floor area in determining the habitable floor area of a dwelling unit. The term "habitable room" shall be synonymous with the words "habitable space".
(o) "Lot." A parcel, tract or area of land occupied or intended to be occupied by a principal or conditional use and uses accessory thereto together with such open spaces as required by the Zoning Code and accessible by means of a street or place. A lot may be a single parcel separately described in a deed or plat which is recorded in the office of the Recorder of Shelby County, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street or place shall be included.
(p) "Occupant." Any person who holds a written or oral lease of, or who actually occupies the whole or part of such building or land, either alone or with others, on a permanent basis. A person visiting the primary registered occupant(s) of a rental unit on a short-term basis, and who otherwise holds effective, legal and permanent occupancy elsewhere shall not be considered to constitute an occupant of the property. However, any such person(s) that utilize the address of the rental unit in question in order to access City or community services that are otherwise reserved exclusively to the residents of the City shall be considered to be, and must qualify as, an occupant of the premises.
(q) "Owner." Any person, legal entity or otherwise who holds fee simple title to the property. The person, legal entity or otherwise who is shown on the records of the Shelby County Recorder to be the owner of the particular property shall be presumed to be the owner in control of that property; including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
(r) "Owner occupant." An owner of the property that occupies all or part of the property as their principal residence.
(s) "Public way." Any street, alley or similar parcel of land essentially unobstructed from the ground to the sky, which is deeded, dedicated or otherwise permanently appropriated to the public for public use.
(t) "Residential rental unit." A dwelling unit that is occupied by persons who are not the owners of that unit, or any currently unoccupied space that is designed or intended to be occupied by persons who are not the owners of the unit. If the unit is not owned by the occupant or occupant is less than fifty percent (50%) owner of the unit this Code shall apply.
(u) "Use." Any purpose for which a lot, building or other structure or a tract of land may be designated, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
(Ord. A-3141. Passed 8-14-23.)