For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Words used in the present tense shall include the future; the singular number shall include the plural and the plural, the singular; the word “building” shall include the word “structure”, and the word “shall” is mandatory and not directory.
ACCESSORY USE. A use or building such as a garage naturally and normally Incidental to, subordinate to and devoted exclusively to the main use of the land or buildings.
AGRICULTURE. Any agricultural use, including farming, dairying, pasturage, agriculture and animal and poultry husbandry.
ALLEY. A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
ALTERATION. Any physical changes made to buildings or structures, their systems or elements inside or outside, in whole or in part, such as but not limited to, additions, deletions, purpose of use or level of activity, shall be regarded as an alteration subject to review and approval.
APARTMENT. A room or suite of rooms intended, designed, or used as a residence by a single family.
APARTMENT BUILDING. A building designed for or containing apartments or suites of rooms for residence.
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning.
AUTOMOTIVE SALES. The sale or rental of new or used vehicles or trailers.
AUTO AND METAL SALVAGE. The dismantling, storage, sale or dumping of used motor vehicles, trailers or parts thereof.
BOARD. The Board of Zoning Appeals.
BOARDING HOUSE. A building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons but not exceeding 20 persons.
BUILDING, FRONT LINE OF. The line of that face or front of the building nearest the front of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed but does not include steps.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
BUILDINGS, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESS SERVICES. Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes or business.
CLINIC. An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
CLUB. A building or portion thereof or premises owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which Is customarily carried on as a business.
COMMISSION. The Planning Commission of the municipality.
CONDITIONAL USE. A conforming use of buildings and/or land which, by the nature of it, requires review by the Board as set forth in § 153.115 in order to determine its effect upon adjacent existing uses.
COUNCIL. The Council of the municipality.
DRIVE-IN COMMERCIAL USES. Any retail commercial use providing considerable off-street parking and catering primarily to vehicular trade such as drive-in restaurants, drive-in theaters and similar uses.
DWELLING. Any building or portion thereof which is designed for or used for residential purpose.
DWELLING, CLUSTER. A cluster dwelling is a detached single-family dwelling and/or two to four attached dwellings planned as a unified development at a density greater than required for single-family or two-family development.
DWELLING, MULTIPLE. (See Definitions in “Ohio Building Code.”)
DWELLING, ONE-, TWO- OR THREE-FAMILY. A structure, exclusively comprised of one, two or three dwelling units and physically separated from adjacent structures. Each dwelling unit is intended for occupancy by a family and no more than five lodgers or boarders. For this definition to be applicable, shared means of egress for two- and three-family dwellings shall be limited to those open to the exterior.
DWELLING, SINGLE-FAMILY. A building designed for or occupied exclusively by one family.
DWELLING, TWO-FAMILY. A building designed for or occupied exclusively by two families.
DWELLING, MULTIPLE. A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment houses, apartments hotels, flats and group houses.
ENTERTAINMENT FACILITIES. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential service named herein.
FAMILY. One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.
FENCE. Any material creating a railing, enclosure, or other structure defining separation of property, designed to impede entry or exit. May be of man-made materials or natural barrier of closely grouped trees or vegetation.
FRONTAGE. All the property on one side of a street between two intersecting streets (crossing or terminating), measured at the setback building line - or if the street is dead-ended, then all the property abutting on one side between an intersecting street and the dead-end of the street.
GARAGE, PRIVATE. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of not more than two-ton capacity.
GASOLINE STATION or SERVICE STATION. Any building, structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, Including lubrication of automobiles and replacement or installation of minor parts and accessories but not including major repair work, such as motor replacement, body and fender repair or spray painting.
HIGHWAY, MAJOR. A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
HOME OCCUPATION.
(1) Any occupation or activity carried on by a member of the immediate family residing on the premises, provided there is no commodity sold upon the premises and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposed, and provided that no display will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of the dwelling.
(2) HOME OCCUPATION shall include the use of premises by a physician, surgeon, dentist, lawyer, clergyman, or other professional person for consultation or emergency treatment but not for the general practice of his profession.
HOTEL. A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contrast to a boarding house, a lodging house or an apartment house, which are herein separately defined. (See also, Definitions in the Ohio Building Code)
INSTITUTION. A building occupied by a non-profit corporation or a non-profit establishment for public use.
JUNK YARD. Any open space or space in excess of 200 square feet inside a building where waste or discarded materials are stored, processed or sold.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and having a minimum dimension of 12 by 40 feet and a vertical clearance of at least 14 feet.
LOT. 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, the open spaces and parking spaces required by this chapter and having its principal frontage upon a street or upon an officially approved place.
LOT OF RECORD. Any lot which, individually or as part of a subdivision, has been recorded in the Office of the Recorder of the county.
LOT, MINIMUM AREA OF. The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MANUFACTURING. Any manufacturing or industrial process including food processing which by nature of the materials, equipment and process utilized are not objectionable for reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or water- carried waste. Any manufacturing or industrial process permitted in an “M-1" District shall comply with the performance requirements of §§ 153.050 et seq.
MOBILE HOME. Any vehicle or similar portable structure having no foundation other than wheels, jacks or skirtings so designed or constructed as to permit occupancy for dwelling or sleeping purposes.
MOBILE HOME PARK. An area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in § 153.051.
MORE RESTRICTIVE. In reference to a non- conforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards and the like, or generally increasing compatibility of a non-conforming use to the requirements of the district in which it is located.
MUNICIPALITY. The Village of Smithville.
NON-COMMERCIAL RECREATIONAL FACILITY. Private and semi-public recreational facilities which are not operated for profit.
NON-CONFORMING USE. The use of land or a building or portion thereof, which does not conform with the use regulations (§§ 153.015 et seq.) of the district in which it is situated.
OFF-STREET PARKING SPACE. Any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than 180 square feet (measuring nine feet wide and 20 feet long) exclusive of access drives or aisles and shall be of usable shape and condition.
PERMANENT PARCEL NUMBER (PPN). The identifying number of a lot or parcel of land as issued and recorded by the Map Office and County Auditor, containing the geographical location, description, boundary map and area within it.
PERSONAL SERVICES. Any enterprise, conducted for gain, which primarily offers services to the general public, such as shoe repair, watch repairing, barber shops, beauty parlors and similar activities.
PLANNING COMMISSION. The Planning Commission of the municipality.
PLANT CULTIVATION. The cultivation of crops, horticulture, floriculture, viticulture, including fruit trees, nursery stock, truck garden products and similar plant materials.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, engineers, and similar professions.
PUBLIC USES. Public parks, schools, and administrative, cultural and service buildings, not including public land buildings devoted solely to the storage and maintenance of equipment and material.
RECREATIONAL FACILITIES. Country and archery clubs, riding clubs, golf courses and other private, non- commercial recreation area and facilities, or recreational centers including private community swimming pools.
RESIDENTIAL FLOOR AREA. The interior floor area of a dwelling, including stairways, halls and closets but not including basements, breezeways, porches, garages or carports.
SEMI-PUBLIC USES. Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
SEWAGE DISPOSAL SYSTEM, GROUP OR CENTRAL. An approved system which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.
SEWAGE DISPOSAL SYSTEM, INDIVIDUAL. An on-site system provides for the individual collection and disposal of sewage.
SIGN(S). Free-standing, suspended, one or more sided, wall, roof, pole, window, yard, A-frame, sandwich-board, billboards, advertising, permanent or temporary, political, and all similar such types, illuminated or not.
SOCIAL ACTIVITIES. Any building and land used for private or semi-private club activities, including lodges, fraternities and similar activities.
SOLICITOR. The Solicitor of the municipality.
SPECIALIZED ANIMAL RAISING AND CARE. The use of land and buildings for the raising and care of fur- bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; and the raising of any other domestic animals or birds of a similar nature. (See also, SCO § 90.26 Farm Animals Prohibited)
STATUTORY AGRICULTURAL DISTRICT. An area of land used for agricultural purposes defined in R.C. § 929.01 formed into a district for five-year terms pursuant to the procedures provided under R.C. § 929.02. Successful placement of farmland in such a district entitles the land to limited exemption from governmental appropriation and/or assessment of the land and provides the owners with limited liability from nuisance suits.
STORY. That portion of a building included between the surface of any floor and the surface of the floor next above it.
STREET LINE, RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and a contiguous street.
STRUCTURE. Anything assembled, constructed or erected, other than a building, the design and use of which requires adequate support and strength to resist all forces likely to impact its stability and safety, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and baseball diamonds, and similar designs and uses.
STRUCTURAL ALTERATIONS. Any change which would tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams or girders.
TOURIST HOME. A building other than a hotel where lodging is provided and offered to the public for compensation for not more than 20 individuals and open to transient guests.
VILLAGE ENGINEER. The professional engineer for the municipality, either under contract or as employee, principally responsible for all village controlled systems below grade such as storm sewers, retention basins, sanitary sewers, water supply systems, and where applicable, gas and electrical. Also oversees design, construction and maintenance of streets, alleys, curbs, guardrails, final grades, water towers, and all similar aspects of municipal infrastructure.
YARD. An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT.
(1) A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building or any projections thereof other than projections of the usual uncovered steps, uncovered balconies or uncovered porch.
(2) On corner lots, there shall be two front yards, a side yard and a rear yard. On interior lots the rear yard shall in all cases be at the opposite end of the lot from the front yard.
YARD, REAR. A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
YARD, SIDE. A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot and the side of the main building or any projections thereto.
ZONING CERTIFICATES. The document issued by the Zoning Inspector authorizing the use of land or buildings.
ZONING INSPECTOR. The Zoning Inspector or his or her authorized representative appointed by the Council of the municipality.
(Ord. 76-43, passed 12-13-1976; Am. Ord. 98-22, passed 7-27-1998; Am. Ord. 2006-10, passed 6-26-2006; Am. Ord. 2017-4, passed 3-27-2017)