(1) “Accessory use or building” means a subordinate use or building customarily incidental to and located on the same zoning lot occupied by the main use or building.
(2) “Alley” means a public or private way, twenty feet or less in width which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.
(3) “Automobile service station” means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises and replacement or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling, or major mechanical repair.
(4) “Basement” means a story whose floor is more than twelve inches, but not more than half of its story height below the average level of the adjoining ground, as distinguished from a “cellar” which is a story more than one-half below such level. A basement, when used as a dwelling, shall be counted as a story for purposes of height, measurement, and as a half-story for purposes of side yard determination.
(5) “Board of Zoning Appeals” means the Board of Zoning Appeals of Union, Ohio or until such Board is appointed, the Planning Commission.
(6) “Building” means any structure having a roof supported by columns or walls for the housing or enclosure of persons, animals or chattel. When any portion thereof is completely separated from every other portion thereof by a division wall without openings then each such portion shall be deemed to be a separate dwelling. At no time shall this definition be construed to include mobile homes.
(7) “Building height” means the vertical distance measured from the adjoining street centerline grade at a point opposite the center of the principal frontage of the building to the highest point of ceiling of the top story in the case of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and ridge of a gable, hip or gambrel roof. Where buildings are set back from the street line, the height of the building may be measured from the average elevation of the finished lot grade at the front of the building.
(8) “Building line” means the line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundations.
(9) “Building permit” means a permit issued by the Zoning Enforcement Officer authorizing the proposed erection, construction, enlargement or moving of a building, structure, or use referred to therein, stating that such buildings, structures or uses are in compliance with, and are consistent with the provisions and terms of the Zoning Ordinance.
(10) “Business” means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale, or offering of merchandise or services.
(11) “Cellar” means a story which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purposes of height regulations only if used for dwelling purposes.
(12) “Clerk” or “Clerk of Council” means the Clerk of Council of Union, Ohio.
(Ord. 314. Passed 5-30-73.)
(12.1) “Commercial vehicle” means any vehicle rated by the manufacturer in excess of 11,500 pounds gross vehicle weight, or any vehicle displaying commercial license plates, or any vehicle customarily used in the conduct of business rather than as a vehicle used to casually carry non-paying passengers. (Ord. 1181. Passed 5-22-00.)
(13) “Comprehensive Plan” means a plan adopted by the Planning Commission and the Council showing the general location and extent of present and proposed land use (Official Land Use Plan) including housing, commercial and industrial uses; the Official Thoroughfare Plan showing highways and thoroughfares; and the Community Facilities Plan showing public facilities, schools, parks and the like. This plan establishes the goals, objectives, and policies of the Municipality.
(14) “Conditional use” means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all the prior conditions for approval have been met.
(15) “Conditional Use Permit” means a permit issued by the Zoning Enforcement Officer upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(16) “Condominium” means the same as “Dwelling, multiple-family” where each family owns its own dwelling unit but where the common areas of the building and site are owned and maintained jointly by the occupants.
(17) “Council” means the Council of Union, Ohio.
(18) “District” means the same as “Zoning District”.
(19) “Drainageway” means a water course, gully, dry stream, creek, or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek or ditch.
(20) “Dwelling” means a structure or building or portion thereof, used exclusively for residential occupancy, including one-family and multiple-family dwellings, but not including hotels, lodging or boarding houses or tourist homes.
A. “Dwelling, single-family” means a building designed for or used for residence purposes by one family or housekeeping unit.
B. “Dwelling, two-family” means a building designed for or used by two families or housekeeping units.
C. “Dwelling, multiple-family” means a building or portion thereof designed for or used by three or more families or housekeeping units living independent of one another.
D. “Dwelling, detached” means a building having no party wall in common with another building.
E. “Dwelling, semi-detached” means a building having one party wall common with an adjacent building.
F. “Dwelling, row” means a dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwellings; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.
(21) “Dwelling unit” means a one-family dwelling or a portion of a two-family, multiple-family, or row dwelling used by one family for cooking, living and sleeping purposes.
(22) “Establishment” means a building or structure used for commercial or industrial purposes including stores, shops, plants, factories, warehouses, wholesale houses and the like.
(23) “Family” means one or more persons living as a single housekeeping unit, as distinguished from a group occupying a hotel, club, fraternity or sorority house.
(24) “Fence” means an enclosure or barrier whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(25) “Flood plain” means the areas adjoining any river, creek or stream whose surface elevation is lower than the high-water elevation of the regional flood.
(26) “Flood, regional” means large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100 year recurrence interval flood.
(Ord. 314. Passed 5-30-73.)
(27) “Floor area of a residential building” means the sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use. All dimensions shall be measured between interior faces of walls.
(Ord. 1233. Passed 9-10-01.)
(28) “Floor area of a nonresidential building” (to be used in calculating off-street parking requirements) means the floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, and fitting rooms and similar areas.
(29) “Garage, private” means a detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.
(30) “Garden apartment” means a multi-story, walk-up apartment building, usually grouped around a common open space with off-street parking provided on the periphery of the site.
(31) “Gross density” means the population density of a particular area measured by the number of residents divided by the total number of areas, including street rights of way as well as residential land.
(32) “Health Department” means the Ohio Department of Health.
(33) “Hedge” means a dense growth of shrubbery, usually planted to function as a fence or boundary.
(34) “Home occupation” means an occupation conducted in a dwelling unit by a resident when, provided that, the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants. Additional characteristics of a home occupation are specified in Section 1153.03.
(35) “Loading space” means a space within the same zoning lot with providing space for the standing, loading or unloading of trucks.
(36) “Lot” means a parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights of way shall be included.
(37) “Lot area” means the computed area contained within the lot lines.
(38) “Lot, corner” means a lot at the juncture of and fronting on two or more intersecting streets.
(39) “Lot depth” means the mean horizontal distance between the front and the rear lot lines.
(40) “Lot, interior” means a lot other than a corner lot with only one frontage on a street.
(41) “Lot lines” means the property lines bounding the lot.
(42) “Lot line, front” means the line separating the lot from a street.
(43) “Lot line, rear” means the lot line opposite and most distant from the front lot line.
(44) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(45) "Lot Width" means the width of the lot measured at the building setback line.
(46) "Lot of record" means any lot which exists in a recorded deed or on a recorded plat at the time of passage of the Zoning Ordinance.
(47) "Mobile home" means any vehicle or mobile structure more than thirty feet long, on wheels, skids, rollers, or blocks, designed to be pulled, pushed, or carried by a motor vehicle on a highway, and designed for living as a one-family dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connections to utilities, and the like.
(48) “Modular housing” means an assembly of materials or products comprising all or part of a total residential structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement.
(49) "Nonconformities" means a legally existing use, structure, or land which fails to comply with the standards set forth in the Zoning Ordinance applicable to the district in which it is located.
(50) "Official Thoroughfare Plan" means the Official Thoroughfare Plan adopted by Council, establishing the location and official right-of-way widths of State highways, thoroughfares and collector streets in the City, on file in the office of the Clerk.
(51) “Parking area".
A. "Private parking area" means an open area for the same use as a private garage.
B. "Public parking area" means an open area other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(52) "Parking space" means an off-street space available for the parking of one motor vehicle and having an area of not less than 200 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a street or alley. (Ord. 314. Passed 5-30-73.)
(53) "Paving" means any hard surface material such as concrete, asphalt, brick or paving blocks. Gravel and other loose stone materials are specifically excluded from the definition of "paving". (Ord. 1037. Passed 10-23-95.)
(54) "Person" means a corporation, firm, partnership, association, organization or any other group acting as a unit, as well as a natural person.
(55) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
(56) "Planned Unit Development" means an area of land, in which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under the Zoning Ordinance. The procedure for approval of such development contains a two-step procedure in addition to requirements of the standard subdivision, review and approval of the initial Concept Plan and then of detailed Site Development Plans for sections of the total landholding.
(57) "Planning Commission" means the Planning Commission of Union, Ohio.
(58) "Private recreation facility" means any privately-owned and operated recreation facility or area such as a golf course, tennis courts, ball fields, not including fraternal lodges, or swimming pools. (Ord. 314. Passed 5- 30-73.)
(58.1) "Recreational vehicle" means any motor vehicle or trailer designed and used as a travel trailer, camper, motor home, tent trailer, boat, boat trailer, snowmobile, snowmobile trailer, camping trailer, and for any similar purpose.
(Ord. 717. Passed 5- 28-85.)
(59) "Resource extraction" means any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
(Ord. 314. Passed 5-30-73.)
(59.1) "Roadway" means that portion of a street or highway improved, designed or ordinarily used for vehicular travel, except the berm or shoulder. If a street or highway includes two or more separate roadways, the term "roadway" means any such roadway separately but not all such roadways collectively.
(Ord. 717. Passed 5-28-85.)
(60) "Setback line" means the closest point at which a building may be constructed in relation to the lot line.
(61) "Sewers, central or group" means an approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, or the entire community.
(62) "Sewers, on-site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the Montgomery County Combined Health District.
(63) "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
(64) "Structure" means anything constructed, erected or placed which requires location on the ground or attachment to something having a location on the ground. Devices used for the support of wires and appurtenances supplying public utility services shall not be considered as structures under the Zoning Ordinance.
(65) “Temporary structure” means structures of a temporary nature erected for a period not to exceed twelve months for such uses as construction offices or storage buildings at a construction site. (Ord. 314. Passed 5-30-73.)
(65.1) "Trailer" means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, and a vehicle used to transport agriculture produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public street or highway at a speed greater than twenty-five miles per hour. (ORC 4521.01(M))
(65.2) "Truck" means every motor vehicle, including trailers, semitrailers and tractors, designed and used to carry property. (ORC 4511.01(K))
(1) "Vehicle" means every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks. and except devices other than bicycles moved by human power.
(2) "Motor vehicle" means every vehicle propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires, except motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in transportation, hole-digging machinery, well- drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed of twenty-five miles per hour, or less, threshing machinery used in the production of horticultural, floricultural, agricultural and vegetable products.
(Ord. 717. Passed 5-28-85.)
(66) "Use" means the employment or occupation of a building, structure or land for a person's service, benefit or enjoyment.
(67) "Use-by-right" means a principal permitted use in a particular zoning district which is permitted in that district as a legal right under the terms of the Zoning Ordinance.
(68) "Variance" means a variation from a strict interpretation of the terms of the Zoning Ordinance, owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in the Zoning Ordinance, a variance is authorized only for height, area, yard, or setback requirements.
(69) "Wall" means a boundary enclosure or separating barrier which is usually opaque.
(70) "Yard" means a space on the same lot with a main building, open, unoccupied and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in the Zoning Ordinance.
A. "Yard, front" means a yard extending across the full width of the lot, the depth of which shall be the least distance between the front lot line and the front of the main building.
B. "Yard, rear" means a yard extending the full width of the lot between the rear-most main building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of such main building. Where a lot abuts upon an alley, one-half the alley width may be considered as part of the required rear yard.
C. "Yard, side" means a yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.
(71) "Zoning district" means a portion of the incorporated area of the City for which certain uniform regulations governing the use, height, area and intensity of use by buildings and land and open spaces about buildings are herein established.
(72) "Zoning Enforcement Officer" means that person designated by Council to administer and enforce the Zoning Ordinance.
(73) "Zoning Lot" means a single tract of land which, at the time of the filing for a Zoning Certificate, is designated by its owner or developer as a tract to be used, developed or built upon as a unit under single ownership or control. Therefore, a "Zoning Lot" may or may not coincide with a lot of record. The Zoning Lot shall have adequate frontage on an improved dedicated roadway of adequate width.
(74) "Zoning Ordinance" means Titles Three and Five of this Part Eleven- Planning and Zoning Code.
(Ord. 314. Passed 5-30-73.)
CODIFIED ORDINANCES OF UNION