All words used in this Ordinance shall have their customary meanings as defined in Webster’s New World Dictionary, 2nd College Edition, 1984 except those specifically defined in this Chapter. Those uses listed in Chapter 1143 specifically defined shall have the normal and customary meaning in accepted business, office, service or professional circles.
ABANDONMENT - The relinquishment of property, or a cessation of the use conducted on the property for a period of six months within a twelve month period, by the owner, tenant, or lessee, for reasons other than an act of God or access impeded by government action
ACCESSORY APARTMENT - A secondary dwelling unit established in conjunction with and clearly subordinate to a primary dwelling unit, whether a part of the same structure as the primary dwelling unit or a detached dwelling unit on the same lot.
ACCESSORY USE OR STRUCTURE - A use or structure incidental and subordinate to the principal use or structure on the lot and serving a purpose customarily incidental and subordinate to the use of the principal building.
ADULT ENTERTAINMENT FACILITY - Any establishment which is involved in one or more of the following listed categories.
1) Adult Book Store means an establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on specified sexual activities or specified anatomical areas as defined below.
2) Adult 'Motion Picture means a facility for the display' of motion pictures which is regularly used or utilizes fifteen percent (15%) or more its total viewing time for presenting material distinguished or characterized by an emphasis to "specified sexual activities" or "specified anatomical areas," for observation by patrons therein.
3) Adult Entertainment Business means any establishment involved in the sale or services of products characterized by die exposure or presentation of specified anatomical areas or physical contact of live male 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 that utilize activities as specified above.
AGRICULTURE as used in Chapter 303.02 to 303.25 of the Ohio Revised Code: The use of land for agricultural purposes, including farming, ranching, dairying, aquaculture, apiculture, horticulture, floriculture, viticulture, animal husbandry, including but not limited to, the care and raising of livestock, equine, and fur bearing animals; poultry production; the production of file crops, tobacco, fruits, vegetables, mushrooms; timber; pasturage; any combination of the foregoing; 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, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
AIRPORT – Any runway land area, or other facility designed or used either publicly or privately by any person for the landing and taking of off aircraft, including all necessary taxi ways, aircraft storage and tie down areas, hanger and other necessary buildings, and open spaces.
ALLEY – A permanent service way providing a secondary means of access to abutting properties.
ALTERATIONS – Any change in the supporting members (foundations, bearing walls, beams, columns, girders, etc) of a building or structure; or movement of a building or structure from one location to another.
APARTMENT HOUSE – Any main building containing more than four dwelling units.
(Ord. 2003-27. Passed 5-5-03.)
AUTOMOBILE - A self-propelled free moving vehicle, with four or more wheels, primarily for conveyance of persons on a street. An automobile is not a truck. See definition for truck. (Ord. 2007-06. Passed 3-19-07.)
AUTOMOBILE CONVENIENCE MARKET - A place where gasoline, motor oil, lubricants, or other minor accessories are retailed directly to the public on the premises in combination with the retailing of items typically found in a convenience food market or supermarket. (Ord. 2003-27. Passed 5-5-03.)
AUTOMOBILE REPAIR SERVICES AND GARAGES - Establishments primarily engaged in furnishing automobile repair, rental, leasing, and parking services to the general public. Does not include truck repair service and garages.
(Ord. 2007-06. Passed 3-19-07.)
AUTOMOBILE SALES or TRAILER SALES - The use of any building, land area or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and where no warranty repair work and other repair service is conducted.
AUTOMOBILE SERVICE STATION - An establishment where gasoline and other petroleum products are sold as the principal use of the property. Light maintenance activities such as engine tune-ups, lubrication, and minor repairs may also be provided if incidental to such principal use. Service stations do not include premises where retail sales space exceeds 25 percent of the total building area or 500 square feet of gross floor area, whichever is less. Service stations do not include premises where heavy automobile maintenance activities, such as engine overhauls, automobile painting, and bodywork, are conducted.
AUTOMOBILE WASH and AUTOMATIC CAR WASH - Any building or premises or portions thereof where mechanical devices are used for washing automobiles.
BASEMENT – That portion of a building below the first or ground-floor level and having less than four feet of clearance from its ceiling to the average finished grade of the building perimeter. A basement shall not be considered a story for the purposes of determining building height, except when it is used or suitable for habitation. (See STORY)
BED-AND-BREAKFAST (B&B) – A transient lodging establishment, generally in a single-family dwelling and/or detached guesthouses, primarily engaged in providing overnight or otherwise temporary lodging for the general public and may provide meals for compensation.
BLOCK – A tract of land bounded by street, a combination of streets, railroad right of way, unsubdivided acreage, river or live stream, or any other barrier to the continuity of development including corporation lines. (Ord. 2003-27. Passed 5-5-03.)
BOARD OF ZONING APPEALS - The Board of Zoning Appeals of St. Clairsville, Ohio.
(Ord. 2007-06. Passed 3-19-07.)
BOARDING HOUSE – A residential building or part thereof other than a hotel or restaurant where means and/or lodging are provided for compensation, for three (3) or more persons primarily non transients where no cooking or dining facilities are provided in individual rooms.
BUILDING – Any structure having a roof supported by poles, columns, or by walls that are designed for shelter support, or enclosure of persons, animals, chattels, or property of any kind. All building structures shall also mean structures that are portable, permanent or Chapter l.
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. Accessory buildings include, but are not limited to, storage sheds, garages, metal storage buildings, and other prefabricated buildings.
BUILDING HEIGHT – The vertical measurement from grade to the highest point of the roof beams in flat roofs; to the highest point on the deck of mansard roofs; to a level midway between the level of the eaves and highest point of pitched roofs or hip roofs; or to a level two-thirds of the distance from the level of the eaves to the highest point of gamgrel roofs. For this purpose, the level of the eaves shall be taken to mean the highest level where the plane of the roof intersects the plane of the outside wall on a side containing the eaves.
BUILDING LINE - A line beyond which no building may extend, as established by ordinance.
BUILDING, PRINCIPAL – A building in which is conducted the main or principal use of the lot on which said building is situated.
CEMETERY - Land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
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 room or board or kept overnight on the premises.
CLUB - A premises owned or operated by a person or persons for a civic, social, cultural, religious, literary, political, recreational, or like activity, but not primarily for profit or to render a service which is customarily carried on as a business.
CLUSTER DEVELOPMENT- A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
CLUSTER SUBDIVISION - A wholly or principally residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
CONDITIONAL USE - A use allowed within a district (but not permitted as of right) after a conditional use permit is granted by the Board of Zoning Appeals and according to the provisions of Chapter 1135. Conditional uses permitted in each district are listed in each zoning classification of this Ordinance following the procedures and requirements specified in Chapter 1135.
CONDITIONAL USE PERMIT - A permit issued by the Planning and Zoning Administrator upon the approval by the Board of Zoning Appeals to allow a conditional use to be established within the district.
CONVENIENCE FOOD MARKET - A retail establishment offering for sale limited food, beverage and related consumer products with or without on premises preparation of food and beverages.
CUL DE SAC - A short minor street having one (1) end open to traffic, the other end being permanently terminated by a circular vehicular turnaround.
(Ord. 2003-27. Passed 5-5-03.)
DAY CARE CENTER – A place, other than an occupied dwelling unit, that provides care for children or adults. Those receiving care are not related by blood or marriage. Care is provided for with a payment, fee or grant. This term includes nursery schools, preschools, and other similar uses. (Ord. 2007-06. Passed 3-19-07.)
DETERIORATED - A building or structure shall be deemed to be deteriorated when the Planning and Zoning Administrator determines that at least 50% of the main structural members have collapsed or appear to be in the condition of eminent collapse.
DISTRICT- A portion of the City within which certain regulations and requirements, or various combinations thereof, apply uniformly under the provisions of this Ordinance.
DRAINAGE - The movement of water to a place of disposal, whether by way of the natural characteristics of the ground surface or by an artificial method
DRIVE-IN RESTAURANT - A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on the site.
DRIVE-IN USE - An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DRIVE-UP WINDOW SERVICE - A building opening, including windows, doors, or mechanical devices through which occupants of a motor vehicle receive or obtain a product or service.
DWELLING - Any building or structure that is subject to real property taxation and which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.
DWELLING, SINGLE FAMILY - A building consisting of one single dwelling unit on an individual lot, separated from other dwelling units by open space.
DWELLING, 'TWO FAMILY - A building consisting of two dwelling units on an individual lot, which shall be either attached side by side or one above the other.
DWELLING. MULTIPLE FAMILY - A building consisting of three or more dwelling units, including condominiums, townhouses, quadruplexes, and garden apartments with varying arrangements of entrances and party walls.
DWELLING, MOUND - A building partially or totally covered by earth, vegetation, stone, or other materials where one or more walls of the building has more than one half (1/2) of its height below the averaged finished grade of the lot usually in a sloping fashion that resembles a mound.
EASEMENT - A legal right or privilege that a person has in another’s land; a right to use land, without ownership, for a specific use, e.g. for erecting billboards or railroad right of way, or restricting an owner of a nearby property from exercising an otherwise valid property right, e.g. for views, light or air. (Ord. 2003-27. Passed 5-5-03.)
EDUCATIONAL INSTITUTIONS – A public, parochial, or private institution that provides educational instruction to students. (Ord. 2004-51. Passed 10-4-04.)
ELECTRICALLY CHARGED FENCE - A fence or barrier that uses electric shocks to deter people or animals from crossing or entering a property or portion thereof. The electric charge can be produced by direct hook up to an electric system, solar panels, wind energy and any other energy source.
Ord. 2010-30. Passed 11-1-10.)
ENFORCING OFFICIAL – The Planning and Zoning Administrator or his/her authorizing deputy, or such other person as appointed and authorized by Council to enforce and administer the provisions of this Zoning Code.
ESSENTIAL INFRASTRUCTURE - A physical structure or physical structures that forms the foundation for development, such as sewage and water works, waste management systems, storm water management facilities, electric power, communications, transit and transportation corridors and facilities, and oil and gas pipelines and associated facilities.
FACADE, NONPRINCIPAL – The exterior wall(s) of a structure that do not face a public right-of-way.
FACADES, PRINCIPAL – Exterior walls of a structure which are adjacent to or front on a public street, park, or plaza.
FAMILY - An individual; two or more persons related by blood, marriage, or adoption living together as a single housekeeping unit in a dwelling unit; or a group of individuals, who need not be related, living together as a single housekeeping unit, provided that a ratio of two persons or less per bedroom within the dwelling unit be maintained.
FEED LOT - Land used for the confining and commercial feeding of livestock for mass production and marketing, and not necessarily connected with any general farming upon the same lot.
FILL - Any type of material placed or dumped on land and includes organic soils, peat, soil, stone, concrete, asphalt, sod, turf, dirt, earth, aggregate, binder and any combination thereof, but does not include fertilizer.
FINE ART GALLERY - Any display of artwork which is individually crafted and signed by the artist or which is limited in edition to 1,000 or less.
FLAG – Any fabric, banner, or bunting containing distinctive colors, patterns, or symbols, used as a symbol of a government, political subdivision, or other entity.
FLAG LOT - Any parcel of land which is irregularly shaped such that the principal amount of land in the parcel can only be connected / abut the public right of way in such a way as to create a narrow strip of land between two or more other parcels. A plat that creates a “flag and pole” shape, with the narrow “pole” being the access to a public right of way.
FLOOR AREA, NON RESIDENTIAL – The sum of the gross horizontal area of all the floors of a non-residential building measured from the interior walls, excluding stairs, washrooms, elevator shafts, maintenance shafts, and similar areas.
FLOOR AREA, RESIDENTIAL – The sum of the gross horizontal areas of all the floors except the basement of a residential building measured from the interior face of the exterior walls. Floor area shall not include breezeways, carports, garages, storage areas with only outside access, porches, unfinished attics or other unheated and/or unfinished areas attached to the dwelling.
FRONTAGE – That portion of a lot that directly abuts the street or street right of way and provides the principal access to the property, or that area to which the front façade of the house, building or structure is directed. Lot frontage shall be measured only from the address side (front) for the purpose of determining road frontage on corner and double frontage lots. All sides of a lot abutting a street shall be considered frontage for the purpose of determining yard requirements only. Property lines that abut limited access roads shall not be construed to be included within any calculation of frontage.
GARAGE APARTMENT – A structure above a private garage in which provision is made for one dwelling unit. (SEE ACCESSORY APARTMENT)
GARAGE, PRIVATE – A detached accessory building or a portion of a main building, intended for the parking or storage of automobiles, recreational vehicles, or boats of the occupants of the premises.
GARAGE, PUBLIC – A principal or accessory building other than a private garage, intended for the parking or storage of automobiles, recreational vehicles, boats, or other vehicles.
GLARE – Excessively bright illumination.
GRADE, AVERAGE - The average elevation of the finished surface of the ground at the exterior walls of a building or structure.
GRADE, EXISTING - The elevation of the existing ground surface of the land where an alteration of the grade is proposed or upon which placing or dumping of fill is proposed and of the abutting ground surface up to ten (10) feet wide surrounding such land, and where the alteration of the grade or the placing or dumping of fill has occurred contrary to the provisions of 1147.17, existing grade shall mean the ground surface of the land as it existed prior to the placing or dumping of fill or the alteration of the grade.
GRADE, FINISHED - The elevation of the ground surface of the land upon which fill has been placed or dumped, or where the grade has been altered, as approved in accordance with 1147.17.
GREENWAY - A linear open space established along either a natural corridor, such as a riverfront, stream valley, or ridgeline, or overland along a railroad right-of-way converted to recreational use, a canal, a scenic road, or other route; and/or any natural or landscaped course for pedestrian or bicycle passage; and/or an open-space connector linking parks, nature reserves, cultural features, or historic sites with each other and with populated areas; and/or locally, certain strip or linear parks designated as a parkway or greenbelt.
GROCERY STORE – A food market, or combination food market and department store with less than 5,000 square feet of floor area.
HEIGHT - See BUILDING HEIGHT
HOME OCCUPATION - An accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby conducted by a person on the same premises as his principal place of residence which is clearly subordinate and incidental to use of the premises for residential purposes.
HOSPITAL – An institution, licensed by the state department of health, providing primary health services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities or training facilities.
HOTEL - A building in which lodging or boarding of transient guests is offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, which is hereby separately defined. See also MOTEL.
JUNK – Scrap or waste material of whatsoever kind or nature collected or accumulated for resale, disposal, or storage. This includes any old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel and other old or scrap ferrous or nonferrous materials.
JUNK OR INOPERABLE VEHICLE - A vehicle shall be deemed junk or an inoperable vehicle whenever any of the following occur for a period of two weeks prior to the filing of a cease and desist order:
(a) The vehicle is without a valid, current registration and/or license plate;
(b) The vehicle is apparently inoperable;
(c) The vehicle is without fully inflated tires and/or has a type of support under it;
(d) The vehicle has a missing or shattered window or windshield and/or;
(e) The vehicle has an extensively damaged or missing door, motor, transmission, or other similar major part.
JUNK YARD - Any use primarily involved with buying, selling, exchanging, storing, bailing, packing, disassembling, salvaging or handling of waste or scrap materials, including but not limited to vehicles, machinery, and equipment not in operable condition or parts thereof, and furniture, building materials, metals, paper, rags, rubber tires, and bottles. Such operations conducted entirely within completely enclosed buildings shall not be considered a Junk Yard. Two (2) or more junk or inoperative vehicles on a lot shall be considered a junkyard.
KENNEL - Any lot or premises on which four (4) or more domesticated animals more than six (6) months of age are bred, boarded, trained, or sold.
LANDLOCKED - Any parcel of land which is not abutting to and can be accessed from a dedicated public right of way for a minimum continuous dimension of at least sixty feet.
LOT - A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory building and uses, including such open spaces as are required under the provisions of this Ordinance. Every lot shall have the minimum required frontage upon a public street. Such lot shall be of record in the County Engineer’s Office.
(a) Corner lot - A lot abutting upon two (2) or more streets at their intersection, or upon two parts of the same street, and in either case forming an interior angle of one hundred thirty-five (135) degrees or less as measured at the centerline of the road or the interior right of way line as applicable.
(b) Interior Lot - A lot, other than a corner lot, with only one frontage on a public street.
(c) Double Frontage Lot - A lot having frontage on two (2) non-intersecting streets or two approximately perpendicular portions of the same street.
LOT AREA – The area of a lot computed exclusive of any portion of the right of way of any public or private street.
LOT COVERAGE - That percentage of the lot area which, when viewed directly from above, would be covered by the principal and accessory structure or structures.
LOT LINES - Lines bounding the lot as shown in the accepted plat or survey record.
(a) Front Lot Line - A lot line which either falls along a street right of way line or falls approximately along the center of a road, frontage or the boundary of a lot. On a corner, lot lines along both streets shall be considered front lot lines.
(b) Side Lot Line - A lot line that is neither a front lot line nor a rear lot line.
(c) Rear Lot Line - The lot line that is most distant from, and most nearly parallel to, the front lot line. If a rear lot line is less than fifteen (15) feet long, or if the lot comes to a point, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to, and a maximum distance from the front lot line. In the case of a corner lot, the rear lot line shall be the lot opposite the shortest front lot line.
(d) Reverse Corner – A corner lot, the rear line of which is all or part of the side lot line of an abutting lot.
LOT WIDTH – The dimension of a lot, measured at right angles to the average bearing of the side lot lines, at the front lot line or at the front yard line. See also Frontage.
LOT OF RECORD - A lot which is part of a subdivision, the plat of which has been recorded in the office of Clerk; or a parcel of land, the deed or land contract to which was of record as of the effective date of this Ordinance or any appropriate amendment thereto.
MAIN BUILDING – Building in which is constructed the principal use of the lot on which it is situated. In a residential district any dwelling shall be considered to be a main building on the lot on which it is located.
MANUFACTURED, MODULAR, MOBILE FACTORY BUILT HOUSING
(a) Factory Built Housing - Factory built housing means a factory built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site. For the purposes of this Ordinance, factory built housing shall include the following:
(1) Manufactured Home – A non self-propelled building unit or assembly of closed construction fabricated in an off-site facility, and which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development (HUD) pursuant to the “Manufactured Housing Construction and Safety Standards Act of 1974, and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards. A manufactured home is transportable in one or more sections, which, in the traveling mode, is eight body feet or more in width or forty body feet or more in length or, when erected on site, is three hundred twenty or more square feet, and which is built on a permanent chassis, designed to be used as a dwelling with or without permanent foundation when connected to required utilities. Calculations used to determine the number of square feet in a structure’s exterior dimensions are measured at the largest horizontal projection when erected on site. These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.”(ORC 4501.01) For the purposes of this Chapter, chassis means a steel frame specifically designed and constructed with wheels or running gear and towing tongue installed for transportation on public streets or highways and designed without the need for a permanent foundation arriving at the site complete and ready for residential occupancy except for minor and incidental unpacking and assembly operations; location on wheels, jacks, blocks, or other foundation, connection to utilities and the like.
(2) 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 (8) feet or more in width and more than thirty-five (35) feet in length, which when erected on site is three hundred twenty (320) or more square feet, that is transportable in one or more Chapters and which does not qualify as a manufactured home or industrialized unit.
(3) Industrialized Unit – A building unit or assembly of closed construction fabricated in an off site facility, that is substantially self sufficient as a unit or as a part of a greater structure and 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.
(4) Modular Home – Factory built housing certified as meeting the local or state building codes as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site built homes. Modular homes are required to be placed upon a solid masonry foundation.
MARQUEE – Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of the building, generally designed and constructed to provide protection from the weather.
MOBILE HOME (TRAILER) PARK – Any site or tract of land under single or multiple ownership, upon which three (3) or more mobile or manufactured homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
MOTEL – A building or a group of buildings in which lodging is provided and offered to the public for compensation. As such, it is open to the public in contra-distinction to a boarding or lodging home, or a multiple dwelling. A motel shall be distinguished from a hotel in that the building is usually designed to serve tourists traveling by automobile where the entrances and exists to rooms need not be through a lobby or office, and parking is usually adjacent to the unit. The term MOTEL shall include various other terms, such as, Inn, Motor Lodge, Motor Inn, Motor Hotel and similar terms.
NONCONFORMING BUILDING OR STRUCTURE – A building or structure lawfully existing at the time of enactment of this Ordinance or subsequent amendments, which does not conform to the regulations of the district in which it is situated, or to other applicable provisions of this Ordinance.
NONCONFORMING LOT - A lot existing at the time of enactment of this Ordinance or any subsequent amendments that does not conform to the lot area and frontage requirements of the district in which it is located.
NONCONFORMING USE - A use of land, buildings or structures lawfully existing at the time of enactment of the Ordinance or subsequent amendments, which does not conform to the regulations of the district in which it is situated or other applicable provisions of this Ordinance.
NURSERY, CHILD CARE - A building used for the commercial care of five (5) or more children who are not members or wards of the owner or his immediate family. All childcare nurseries shall possess an appropriate license from the Ohio Department of Public Welfare as required.
NURSERY, RETAIL - Land, buildings structures or a combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping. (Ord. 2003-27. Passed 5-5-03.)
OUTDOOR WOOD FURNACE - A fuel burning device, that is in most cases, in a separate accessory structure from the principal structure. It is designed to burn clean wood or other approved solid fuels. Additionally, the manufacturer specifies that it must be used for outdoor installation or for installation in structures not normally intended for habitation including structures such as garages, and sheds. It is designed to heat building space and/or water through the distribution, typically through pipes, of a fluid heated in the device, typically water or a mixture of water and anitfreeze. An outdoor wood furnace is also known as an outdoor wood-fired furnace, outdoor wood-fired boiler, outdoor wood- burning appliance, outdoor hydronic heater, water stoves, etc.
(Ord. 2010-30. Passed 11-1-10.)
OWNER – Any person, agent, firm, corporation, or partnership that alone, jointly or severally with others: (1) has legal or equitable title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or (2) has charge, care or control of any premises, dwelling or dwelling unit, as agent of the owner or as executor, administrator, trustee, or guardian of the estate of the beneficial owner. The person shown on the records of the recorder of deeds of the county to be the owner of a particular property shall be presumed to be the person in control of that property.
(Ord. 2003-27. Passed 5-5-03.)
PARK – Any public or private open space with natural vegetation and landscaping; may include recreational facilities but park activity must be non-commercial.
(Ord. 2004-51. Passed 10-4-04.)
PERSON – Any association, company, corporation, firm, organization, or partnership, singular or plural, of any kind.
PONDING - The accumulation of surface water in an area not having drainage therefrom where the lack of drainage or a modification of the drainage is caused by the placing ordumping of fill or by the alteration of the grade . (See 1147.17)
PRINCIPAL BUILDING – The building in which is conducted the principal use of the zone lot on which it is located. Zone lots with multiple principal uses may have multiple principal buildings, but storage buildings, garages, and other clearly accessory uses shall not be considered principal buildings.
PROPERTY LINE – See Lot Lines.
PUBLIC PARKING LOT – Any lot municipally or privately owned for off-street parking facilities, providing for the transient storage of automobiles or motor-driven vehicles. Such parking services may be provided as a free service or may be provided for a fee.
(Ord. 2003-27. Passed 5-5-03.)
RETAIL SALES ESTABLISHMENT – A commercial activity that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
(Ord. 2007-06. Passed 3-19-07.)
RECREATION, NON-INTENSIVE - Recreational and open space development and uses that involve a relatively low degree of human activity, maintenance and management and that have a minimal negative effect on the form, function and integrity of the natural environment.
RESIDENTIAL HOTEL – A dwelling occupied by permanent guests that may or may not have housekeeping facilities for each room or suite of rooms.
RETAINING WALL - A wall designed to contain and support fill that has a finished grade higher than that of the adjacent land.
RIGHT OF WAY - A strip of land purchased 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.
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 twenty four (24) lineal inches of benches, pews, or space for loose chairs.
SETBACK LINE - A line parallel to a right of way at any story level of a building that defines the limits of a yard and represents the distance that all or any part of a building or structure is to be set back from said lot line or right of way line.
(a) Front Setback Line - A line parallel to the front lot line extending the full width of the lot, representing the distance which all or any part of any structure or building is to be set back from the front lot line or right of way line.
(b) Side Setback Line - A line parallel to any side lot line representing the distance that all or any part of any principal building is to be set back from the side lot line.
(c) Rear Setback Line - A line parallel to any rear lot line representing the distance which all or any part of any principal buildings is to be set back from the rear lot line.
SEXUALLY EXPLICIT NUDITY - The sexually oriented and explicit showing of nudity, including, but not limited to, close-up views, poses, or depiction in such position or manner which present or expose such nudity to prominent, focal, or obvious viewing attention.
SOIL - Material commonly described as earth, topsoil, loam, subsoil, clay, sand and any combination thereof.
SOLID WASTE - Waste which is not liquid waste and which is garbage, refuse, domestic waste, industrial waste, agricultural waste, excluding manure and compost or commercial waste.
STREET FRONTAGE – The distance for which a lot line of a zone lot adjoins a public street, from one lot line intersecting said street to the furthest distant lot line intersecting the same street.
SWALE - A shallow depression in the lands sloping to a place of disposal of surface water for the purpose of providing a method of drainage.
SPECIFIED ANATOMICAL AREAS - Any of the following:
(a) Less than completely covered human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola.
(b) Human male genitals in a discernible turgid state.
SPECIFIED SEXUAL ACTIVITIES - Any of the following:
(a) Human genitals in a state of sexual stimulation or arousal.
(b) Acts, real or simulated, or human masturbation, sexual intercourse, sodomy, cunnilingus, fellatio, or sadomasochistic sexual abuse.
(c) Fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
STABLES - Facilities designed or used for the commercial boarding of horses including any barns, exercise areas, and field areas to be used in the stable operation.
STREET – A public thoroughfare which affords the principal means of access to abutting property. Does not include public right-of-way.
STORY - The part of a building, except a mezzanine, included between the surface of one floor & the surface of the next floor above; or if there is not a floor above, then the ceiling level next above. The floor of a story may have split levels provided that there not be more than four (4) feet difference in elevation between the different levels of the floor. A basement shall not be counted as a story.
STORY, HALF - An uppermost story lying under a gambrel, hip, gable, or shed roof that is used, in whole or part, for dwelling or habitable purposes.
STRUCTURE - Anything constructed or erected, the use of which requires location on the ground or attachment to the ground. Among other things, structures include buildings, mobile homes, walls, fences, porches, decks, swimming pools, tennis courts, signs, and billboards.
SUPERMARKET - food markets, or combination food markets and department stores with more than 5,000 square feet of floor area.
SWIMMING POOL, COMMUNITY - Any pool, open tank, pond, lake, or other structure containing or capable of containing water to a depth of greater than one & one half (1 1/2) feet and more than twelve (12) feet in diameter, owned or operated by an individual, private non-profit organization, governmental body, homeowners association, or similar organization. It includes walkways, bathhouses, open areas for sunning or picnicking, & associated buildings or structures.
SWIMMING POOL, PRIVATE - Any pool, open tank, or other structure not located within a completely enclosed building and containing or capable of containing water to a depth of greater than one and one half (1 1/2) feet and more than twelve (12) feet in diameter. Swimming pool does not include a farm pond, but includes walkways and associated buildings.
TEMPORARY USE OR STRUCTURE - A transient, non-permanent use or structure permitted to exist for a designated period of time during periods of construction of the principal use or structure, or for special events. A temporary structure shall not be intended to be permanently affixed to the ground. Requires issuance of temporary use/structure permit. (Ord. 2003-27. Passed 5-5-03.)
TRUCK – Trucks, including truck tractors, and similar vehicles with two or more rear axles. (Ord. 2007-06. Passed 3-19-07.)
USE - The specified purpose for which land, a structure, or a building is designed, arranged, intended, occupied, or maintained.
USE, PRINCIPAL - The main use to which the premises are devoted and the main purpose for which the premises exist.
VARIANCE - A variance is a modification of the strict terms of this Ordinance where such modifications will not be contrary to the public interest and where owing to physical conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Ordinance would result in unnecessary hardship.
VETERINARY ANIMAL HOSPITAL - 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 attention. Such use may include overnight accommodations on the premises for treatment, observation, and/or recuperation.
VIDEO RENTAL STORE - An establishment primarily engaged in the retail rental or lease of video tapes, films, CD-ROMS, laser discs, electronic games, cassettes, or other electronic media. Sales of film, video tapes, laser discs, CD-ROMS, and electronic merchandise associated with VCRs, DVD players, video cameras, and electronic games are permitted accessory uses.
VISIBLY DISPLAYED - The material is visible on any sign, viewing screen, marquee, newsstand, display rack, window, show case, display case, or other similar display area that is visible from any part of the general public or otherwise, or that is visible from any part of the premises where a juvenile is or may be allowed, permitted, or invited, as part of the general public or otherwise, or that is visible from a public street, sidewalk, park, alley, residence, playground, school, or other place to which juveniles, as part of the general public or otherwise, has unrestrained and reasonable anticipated access and presence.
(Ord. 2003-27. Passed 5-5-03.)
WIND TURBINE - A wind turbine is a device that converts wind power into electricity or another energy source. The turbine is the structure or device that converts the wind into energy through the use of blades that are turned by the wind. The rotation of the blades create the electric current that is utilized or connected to the electric grid.
(Ord. 2010-30. Passed 11-1-10.)
YARD - An open of uniform width or depth, and on the same lot with a building or group of buildings, lying between any part of the building and the nearest lot line and which is unoccupied and unobstructed from the ground upward. The width or depth of a yard shall be parallel to and measured at right angles to the corresponding lot line.
(a) Front Yard – A yard extending across the full width of a lot and lying between the front lot line and the nearest part of a building.
(b) Rear Yard – A yard extending across the full width of a lot and lying between the rear lot line and the nearest part of the building.
(c) Side Yard – A yard between each side lot line and the nearest part of a building and extending from the front yard to the rear yard, or in the absence of either of such yards, to the front or rear lot line as the case may be.
ZONE – A classification of use, and the standards pertaining thereto, as described in this Zoning Code and as applied to certain areas in the Municipality.
ZONE LOT – A parcel of land in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards and other open spaces as required by the zoning resolution.
(Ord. 2003-27. Passed 5-5-03.)
ZONING COMPLIANCE CERTIFICATE – A certificate issued to an applicant when all requirements of the Planning and Zoning Code have been met. A certificate is issued for construction, change in use, signage and where otherwise outlined in this Code. A zoning permit or certificate of zoning compliance are other names for a zoning compliance certificate. (Ord. 2007-06. Passed 3-19-07.)