(A) Interpretation. For the purpose of this zoning chapter, certain terms and words are to be defined as found in this section. Words and terms not specifically defined carry their customarily understood meanings. Words used in the present tense include the future tense. The singular form shall include plural and plural shall include singular. The word “shall” is intended to be mandatory. Terms related to specific sections or subchapters of the chapter may be defined within the specific sections where those general requirements are found.
(B) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building or structure occupied by an accessory use.
ACCESSORY USE. A use subordinate, secondary, incidental to and customary in connection with the principal building or use and located on the same lot as the principal building or use.
ADMINISTRATIVE AND BUSINESS OFFICES. Offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.
AGRICULTURE. The use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, as further defined and specified in § 152.042(D).
ALLEY. A public right-of-way which provides only secondary means of access to abutting property.
APARTMENT. See MULTIPLE-FAMILY DWELLING.
BASEMENT. A story whose floor level is two feet or more below grade level, but having less than half its clear height above grade level.
BED AND BREAKFAST ESTABLISHMENT. A single-family dwelling, or portion thereof, where short term lodging rooms and some meals are provided, and in which the owner of the dwelling lives on the premises.
BOARD. The Planning and Zoning Board of the Village of South Charleston, Ohio, as established in § 152.020.
BUFFER. A landscaped area intended to separate and/or partially obscure the view of two adjacent land uses or properties from each other.
BUILDING. A structure permanently affixed to the land with one or more floors and a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property.
BUILDING LINE. The front yard setback line established by this zoning chapter generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located as provided by this zoning chapter.
BUSINESS SERVICES. Any profit-making activity which renders services primarily to other commercial, institutional or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
CEMETERY. Land used or intended to be used for the burial of human dead.
CERTIFICATE OF ZONING COMPLIANCE. A certificate issued by the Zoning Inspector, pursuant to § 152.021(H), confirming that the requirements of this chapter have been met, and the building can be occupied and/or used.
CLINIC, HUMAN. An establishment where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.
COMMISSION. The Village Commission of the Village of South Charleston, Ohio, as established by the Village Charter.
CONDITIONAL USE. An uncommon or infrequent use which may be permitted in specific zoning districts subject to compliance with certain standards, explicit conditions, and the granting of a conditional use permit as specified in § 152.024.
CORNER LOT. Any lot at the junction of and abutting on two or more intersecting streets, where the angle of intersection is not more than 135 degrees.
DEVELOPMENT PLAN. A site plan for a property and the physical development that is proposed on such site, as specified in § 152.040(B)(7).
DRIVE-THROUGH FACILITIES. A designated place, in conjunction with a retail or service establishment, from which persons can conduct the major portion of their business without leaving their motor vehicle.
DWELLING or RESIDENCE. Any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house or other such accommodation used for transient occupancy.
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, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants 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, safety or general welfare, but not including buildings.
FAILURE OF DELIVERY. That a particular notice was not received, due to circumstances beyond the control of the village, and does not include the lack of mailing of the subject notices in the manner specified in the chapter.
FAMILY. A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, hotel or motel, dormitory, lodge or similar facility; provided, however that FAMILY shall not include more than four persons unrelated to each other by blood, marriage or legal adoption, except for Class I Type B group residential facilities.
FLOOR AREA OF A BUILDING. The sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. FLOOR AREA shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps or garages.
FRONT YARD. The portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the front of the building or structure.
FRONTAGE or LOT FRONTAGE. The portion of the lot that directly abuts the street, and has direct access thereto. LOT FRONTAGE shall be measured along the minimum building setback line for the district within which such lot is located.
GARAGE, PRIVATE. A building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.
GROUP RESIDENTIAL FACILITY. A community facility, licensed and/or authorized by the state, which provides rehabilitative or habilitative services in a residential setting. There are two classes of group residential facilities.
(a) CLASS I GROUP RESIDENTIAL FACILITY. Any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a place for the care or rehabilitation of dependent or predelinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities. A CLASS I TYPE A FACILITY contains more than five residents, exclusive of staff. A CLASS I TYPE B FACILITY contains five or fewer residents, exclusive of staff.
(b) CLASS II GROUP RESIDENTIAL FACILITY. Any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care or rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and//or drug abusers, provided that detoxification is expressly prohibited on such premises. A CLASS II TYPE A GROUP RESIDENTIAL FACILITY contains more than five residents, exclusive of staff. A CLASS II TYPE B FACILITY contains five or fewer residents, exclusive of staff.
HEIGHT OF BUILDING. The vertical distance from the average grade surrounding the building to the highest point of the roof.
HOME OCCUPATION. Any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling’s residential use. A HOME OCCUPATION must meet the standards and requirements specified in § 152.066(E).
HOSPITAL. A building or structure containing beds for at least four patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
HOTEL or MOTEL. A building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house operated on a membership basis.
INDUSTRIALIZED UNIT. A building unit or assembly of closed construction that is fabricated in an off-site facility, that is substantially self-sufficient as a unit or as a part of a greater structure, that requires transportation to the site of intended use. INDUSTRIALIZED UNIT includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. INDUSTRIALIZED UNIT does not include a manufactured or mobile home as defined herein.
INSTITUTION. An organization providing social, cultural, educational, religious or health services to member agencies, organizations and individuals, or to the general public.
LOT. A division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded map or by metes and bound, and includes the terms PLAT and PARCEL.
LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded as in the office of the County Recorder as of the effective date of this chapter.
LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility, that conforms 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, being 40 U.S.C. §§ 5401 et seq. and has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME COMMUNITY or MANUFACTURED HOME PARK. A development constructed primarily for manufactured homes, with continuing local management and special facilities for common use by residents. Typically, the land or lots upon which the manufactured homes are located will not be owned by the resident of the individual manufactured home.
MANUFACTURING. Any production or industrial process, including food processing, which combines one or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse or water-carried wastes, as specified in § 152.049.
MINIMUM LOT AREA. The area of a lot computed exclusive of any portion of the right- of-way or any public thoroughfare.
MOBILE HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 feet in length, or, when erected on the site, is 320 or more square feet, that is built on a permanent chassis and is transportable in one or more sections, and does not qualify as a manufactured home or industrialized unit, as defined herein.
MODULAR HOME. A non-site-built home that is certified as meeting the requirements of the State Building Code for modular housing. For the purposes of this chapter, once certified by the state, MODULAR HOMES shall be subject to the same standards as site-built homes.
MULTIPLE-FAMILY DWELLING or MULTIPLE-FAMILY RESIDENCE. A building designed or used as a residence for three or more families living independently.
NONCONFORMING USE. The use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this zoning chapter.
NURSERY or DAY CARE CENTER. A facility which temporarily assumes responsibility for more than four children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a 24-hour day for a period of two consecutive days.
NURSING HOME. Includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.
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 conforms to the standards as specified in § 152.068.
OPEN SPACE. The part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.
PARKING AREA or PARKING LOT. Any area other than street, drive or alley used or intended to be used for the storage of motor vehicles, with or without a fee.
PERMANENT FOUNDATION. A permanent masonry or concrete footing or foundation, that extends around the perimeter of the structure and adequately transfers horizontal and vertical loads of the structure to the undisturbed ground below the frost line.
PERMANENTLY SITED MANUFACTURED HOME. A manufactured home that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of at least 22 feet at one point, and a length of at least 22 feet at one point, and a living area of at least 900 square feet, excluding garages, porches or attachments;
(c) The structure has a minimum 3:12 roof pitch, conventional residential siding and a six-inch minimum eave overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995; and
(e) The structure is not located in a manufactured home community or manufactured home park as defined herein.
PERSONAL SERVICES. Any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.
PROFESSIONAL OFFICES. The offices which engage in the providing to the general public services of a professional nature such as legal, medical, accounting and architectural services.
REAR LOT LINE. The lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the REAR LOT LINE is less than ten feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the REAR LOT LINE is opposite and furthest removed from the front lot line of least dimension.
REAR YARD. The portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.
RECREATIONAL FACILITIES. Public or privately-operated uses such as country clubs, golf courses, swimming pools or other areas maintained for the purpose of providing active and passive recreation.
RESIDENCE. See DWELLING.
RESTAURANT. A business establishment where food and beverages are prepared and presented for human consumption on the premises.
RETAIL STORES. Stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
RIGHT-OF-WAY. A strip of land lying between property lines, wherein is located a street, thoroughfare, alley or easement dedicated or otherwise acquired for use by the public.
SIDE LOT LINE. The lot line running from the front lot line to the rear lot line. This line is also the line dividing two interior lots.
SIDE YARD. The portion of a lot that is located between the side lot line and the nearest building or structure.
SIMILAR USE. A use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to the classification, according to the procedures and requirements of § 152.040(B)(5).
SINGLE-FAMILY DWELLING or SINGLE-FAMILY RESIDENCE. A building designed for or occupied exclusively by one family.
STREET and THOROUGHFARE. A public way for the purpose of vehicular travel, including the entire area within the right-of-way.
STRUCTURAL ALTERATION. Any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including among other things walls, buildings and patios. STRUCTURE does not include fences, but shall include mobile or manufactured structures.
TWO-FAMILY DWELLING or TWO-FAMILY RESIDENCE. A building designed for or occupied exclusively by two families living independently.
USE. The purpose for which a building is arranged, designed or intended, or for which either land, lot, piece or parcel thereof or a building located thereon or may be occupied or maintained.
VARIANCE. A modification from 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 action by the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VILLAGE. The Village of South Charleston, a political subdivision in Clark County, Ohio.
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 level of the graded lot upward.
ZONING DISTRICT. A portion of the village within which certain regulations and requirements or various combinations thereof apply under the provisions of this zoning chapter.
ZONING DISTRICT MAP. The zoning district map of the village, together with all amendments subsequently adopted by the Village Commission.
ZONING INSPECTOR. The zoning enforcement officer of the village, hired by the Village Commission who is charged with the duty of enforcing the provisions of the zoning chapter.
ZONING PERMIT. An official statement certifying that a proposed building or use complies with all the provisions of this zoning chapter.
(Ord. 97-5, passed 8-4-1997; Ord. 2000-9, passed 8-7-2000; Ord. 2008-6, passed 8-19-2008)