For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE OF STRUCTURE. A use of structure (such as a garage) incidental to the main use of the land or building. In buildings restricted to residence use, the office of a professional person, and workshops not conducted for compensation shall be deemed accessory uses. In commercial, institutional and industrial areas, parking lots are accessory uses.
ADULT FOSTER CARE HOMES. A personal residence or family home in which accommodations and personal assistance are provided to not more than 5 unrelated adults, at least 1 of whom receives supplemental security income pursuant to Title XVI of the Social Security Act, 42 U.S.C. 1382, or poor relief pursuant to R.C. Ch. 5113 (now repealed).
AGRICULTURE. Includes farming, dairying, pasturage, agriculture, horticulture, viticulture, animal and poultry husbandry and the processing and sale of agriculture products from land under same ownership.
AUTOMOTIVE REPAIR. The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
AUTOMOTIVE SALES. The sale or rental of new or used motor vehicles or trailers.
AUTOMOBILE 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.
BASEMENT. A story partly underground and having more than 50% of its height below the average level of the adjoining ground. A basement should not be considered a store for purposes of height measurement, or in determining the permissible number of stories or in computing floor area, or in calculating living area unless specifically designed and constructed as living space.
BED AND BREAKFAST. A residential building, or part thereof, where, for compensation and by arrangement, prepared meals and lodging are temporarily provided for unrelated individuals. Parking for said facilities shall be provided off street in conformance with the requirements of this code and the Engineering Department Supervisor's Office. The number of parking spaces to be provided shall be the total number of bedrooms in the facility, plus 1, plus 1 for each employee. BED AND BREAKFAST facilities are subject to all requirements of the Hotel/Motel Tax.
BOARD. The Board of Zoning Appeals of the city.
BOARDING HOUSE, ROOMING HOUSE, LODGING HOUSE, OR DORMITORY. A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging as provided for compensation for 3 or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
BUILDING. Any structure other than a boundary wall or fence.
BUILDING, FRONT LINE OF. The line or that face of the building nearest the front line of the lot. This face includes 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 the mean height level between eaves and ridge for gable, hip and gambrel roofs.
BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot on which said building is situated.
BUSINESSES.
(1) CENTRAL BUSINESS. Includes comparison and convenience shops; personal, professional, business and financial services; public and semipublic uses and other activities of a comparable nature which contribute to the function of a compact central area as determined by the Board.
(2) COMMUNITY SHOPPING CENTER. Includes retail outlets and service enterprises which lend themselves to the functions of a unified shopping center of 10 to 50 acres in size.
(3) HIGHWAY AND GENERAL BUSINESS. Includes commercial uses requiring location on major thoroughfares and at intersections. Highway uses include motels, gas stations and restaurants. General and service businesses include auto and farm implement sales and services, building trades and services, commercial recreation and other commercial uses which do not lend themselves to a unified commercial center plan.
(4) INSTITUTION AND OFFICE AREAS. Include institutions of a charitable, philanthropic or religious nature; insurance and other main and regional business offices; medical centers and other comparable uses as determined by the Board of Appeals. These uses require spacious sites.
(5) NEIGHBORHOOD BUSINESS. Retail establishments which serve and can be located in proximity to residences without creating undue traffic congestion, excessive noise or other objectionable influences. To prevent traffic congestion, local retail uses include only those enterprises which normally employ less than 5 persons. Permitted uses include drug stores, beauty salons, barber shops, plus hardware stores and groceries of less than 10,000 square feet of floor area. Other small businesses of an equally restricted and local nature may be permitted based on the discretion of the Board of Appeals.
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.
CHILD CARE/NURSERY SCHOOL. Any place, home or institution which cares for young children apart from their parents when received for regular periods of time for compensation such as kindergarten, nursery school or class for young children that develops basic skills and social behavior by games, exercises, toys, and simple handy craft.
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, education or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
COMMERCIAL ENTERTAINMENT FACILITIES. Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, and similar entertainment activities.
COMMISSION. The Planning Commission of the city.
CONDITIONAL USE (SPECIAL EXCEPTIONS). A use which is subject to conditional approval by the Board of Appeals. A conditional use may be granted by the Board of Appeals only when there is a specified provision for such special exceptions made in this chapter. A conditional use is not considered to be a nonconforming use.
COUNCIL. The Council of the city.
DISABLED VEHICLES. An automotive or motorized vehicle which because of its mechanical or structural conditions is inoperative except for routine maintenance or minor repairs.
DISTRICTS, ZONING. Administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the district map which is part of this chapter.
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.
DROP IN CENTERS. A location where youth or adults can find a temporary safe location.
DWELLING. Any building or portion thereof which is designated for or used for residential purposes.
DWELLING, MULTIPLE. A building used or designed as a residence for 3 or more families living independently of each other and doing their own cooking therein, including apartment houses, garden apartments, row houses, town houses and condominium structures.
DWELLING, SINGLE FAMILY. A building designed for or occupied exclusively by 1 family.
DWELLING, 2-FAMILY. A building designed for or occupied exclusively by 2 families living independently of each other, including a duplex (1 dwelling unit above the other), or a semi-detached dwelling (1 dwelling unit beside the other).
EMERGENCY SHELTER. Short term for individuals (male, female or family) to provide temporary shelter.
ENGINEER. The Engineer of the city.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, popes, traffic signals, hydrants and other similar equipment and accessories in connection therewith: reasonable necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety of general welfare, but not including buildings.
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.
FINANCIAL INSTITUTIONS. Offices, institutions and organizations providing depositories for funds and savings, banking and investment services, insurance and similar financial services.
FOOD PROCESSING. The preparation or processing of food products. Examples of activities included are bakeries and dairies.
FRONTAGE. All the property on one side of a street between 2 intersecting streets (crossing or terminating), measured at the setback line--or if the street is dead-ended, then all of 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 1 of the vehicles may be a commercial vehicle of more than 1-ton capacity.
GARAGE, PUBLIC. A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.
GROUP HOMES. A residential facility that provides room and board, personal care, rehabilitation services, and supervision in a family setting for not more than 10 persons with developmental, social, or behavioral problems.
HIGHWAY, MAJOR. A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
HOME OCCUPATION. An accessory use of a service character customarily conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and conforms to the conditions prescribed for home occupations in § 150.38.
HOMELESS SHELTER. A homeless shelter is to be defined as a facility that can provide temporary accommodations, with minimal supportive services, for individual and families.
HOTEL. A building in which lodging or boarding 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 contradistinction to a boarding house which are herein separately defined.
INDUSTRY, EXTRACTIVE. Any mining, quarrying, excavating, processing, storing, separation, cleaning or marketing of any mineral natural resource.
INDUSTRY, GENERAL. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are objectionable by 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 "I-2" District shall comply with the performance requirements specified in § 150.45.
INDUSTRY, RESTRICTED. Any manufacturing or industrial production which by the nature of the materials, equipment and process utilized are to considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall be conducted entirely within enclosed, substantially constructed buildings, involving the use of only light machinery and equipment and requiring no open storage of materials or equipment other than for the unloading or loading operations at the rear or within enclosure which abut a building. Permitted uses shall comply with the performance requirements specified in § 150.45, and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same restricted character: drugs, sporting goods: processing and assembly of glass products, small household appliances, electronic products and parts for production of finished equipment: research and testing laboratories, printing and engraving plants, bakeries or dairies.
INSTITUTION. Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use.
JUNK STORAGE AND SALES (SALVAGE OPERATIONS. Any lot, land or structure which is maintained or operated for the purpose of storing, keeping, buying, or selling junk, and includes garbage dumps and sanitary landfills.
LAND USE (DEVELOPMENT PLAN). The long-range plan for the desirable use of land in areas as adopted by the Planning Commission; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the community.
LAW DIRECTOR. The Law Director of the city.
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 x 30 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 1 main building together with its accessory buildings, the open spaces and parking spaces required by the chapter, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.
LOT COVERAGE. Percentage of lot coverage shall be the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage.
LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder of Deeds 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.
MAYOR. The Mayor of the city.
MINERAL EXTRACTION, STORAGE AND PROCESSING. Any mining, quarrying or processing of limestone, sand, gravel or other mineral resources.
MOBILE HOME. A detached dwelling unit designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembly, and connection operations: but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway.
MOBILE HOME PARK. An area manifestly designed for rent or lease of mobile homes in a safe, sanitary and desirable manner as described in § 150.40.
MORE RESTRICTIVE. In reference to a nonconforming use, the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards, or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
MOTEL. A building or group of buildings used for the temporary residence of motorists or travelers.
MUNICIPALITY OR CITY. The City of Van
Wert, Ohio.
NONCONFORMING USE. The use of land or a building, or portion thereof, existing at the time of enactment of this chapter, and which does not conform with the use regulations of the district in which it is situated.
NURSERY, NURSING HOME. A home or facility for the care and treatment of babies, children, pensioners, or elderly people.
OFFICES. Space primarily for administrative and clerical activities.
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, exclusive of access drives or aisles.
OUTDOOR ADVERTISING. Any sign situated on private premises with an area greater than 100 square feet on which the written or pictorial information is not directly related to the principle use of the land on which such sign is located.
PERMANENT SUPPORTIVE HOUSING. A more permanent housing for people with mental or physical impairments with supportive services.
PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repairing, barber shop, beauty parlors and similar activities.
PLANNING COMMISSION. The Planning Commission of the city.
PREFABRICATED, MODULAR OR INDUSTRIAL-IZED DWELLING UNIT. A dwelling consisting of materials or products prefabricated in a manufacturing plant and transported, assembled and erected on site on a permanent foundation.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects, and engineers, and other related professionals.
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage disposal services.
PUBLIC USES. Public parks, schools, and administrative, cultural and service buildings, not including public land or buildings devoted solely to the storage and maintenance of equipment and material.
RECREATIONAL FACILITIES.
(1) NONCOMMERCIAL RECREATIONAL FACILITIES. Private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses, and other private noncommercial recreation areas and facilities or recreation centers, including private community swimming pools.
(2) COMMERCIAL RECREATIONAL FACILITIES. Recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, skating rinks, riding stables, race tracks, carnivals, and similar commercial enterprises.
RECREATION VEHICLES AND EQUIPMENT.
(1) MOTORIZED HOME. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(2) TRAVEL TRAILER. A vehicular portable structure built on a chassis not exceeding a gross weight of 4,500 pounds when factory equipped for the road, nor exceeding 30 feet in length, designed to be used as a temporary dwelling for travel, recreation and vacation uses, permanently identified as a "Travel Trailer" by the manufacturer.
(3) PICK-UP CAMPER. A structure designed primarily to be mounted on a pick-up or truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation or vacation uses.
(4) FOLDING TENT TRAILER. A portable canvas, metal or plastic folding structure mounted on wheels and designed for travel and vacation uses.
(5) BOAT AND BOAT TRAILERS. Boats, floats and rafts including equipment for their transport on the highway.
(6) UTILITY TRAILER. A structure built on a chassis on wheels for the purpose of hauling goods and equipment.
RESIDENTIAL CARE FACILITY/ASSISTED LIVING. A home, licensed by the state, or institution that provides living accommodations for unrelated individuals who are dependent on the services and/or intermittent supervision of others by reason of age and physical or mental impairment, but who may require skilled nursing care for no more than 120 days per year.
RESIDENTIAL FLOOR AREA. The interior floor area of a dwelling, including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.
SEMIPUBLIC (QUASI-PUBLIC) USES. Churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable, philanthropic or nonprofit nature. Facilities operating under the definition of semipublic uses shall be permitted to provide day care and pre-school services for children at the facility providing they are certified to provide such services under the Ohio Revised Code. All facilities shall have adequate parking facilities as verified by the Engineering Department Supervisor.
SETBACK LINE. A line established by zoning, platting or other legal means on a lot, a specified distance from and parallel to the lot line to restrict the encroachment of buildings on the lot line.
SEXUALLY ORIENTED BUSINESS. For purposes of this chapter, “sexually oriented business” shall be defined as it is in of the City Code, and any subsequent amendments thereto.
SIGN, BUSINESS. A sign which directs attention to a business, profession, commodity or entertainment conducted, sold or offered on the premises. A "For Sale" sign or a "For Rent" sign relating to the property on which it is displayed shall be deemed a business sign.
SIGN, OUTDOOR ADVERTISING. A sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises.
SOCIAL ACTIVITIES. Any building and land used for private or semi-private club activities, including lodges, fraternities and similar activities.
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; and the stabling and care of horses, animal kennels, pigeon raising and raising of any other domestic animals or birds of a similar nature.
STORY. That portion of a building other than a basement included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it. A basement shall be counted as a story if it is used for living quarters or if 2/3 of its volume is about the average level of the adjacent ground.
STREET LINE, RIGHT-OF-WAY LINE. A dividing line between a lot, tract or parcel of land and contiguous street.
STRUCTURAL ALTERATION. Any change which would tend to prolong the life of a supporting member of structure such as bearing walls, columns, beams or girders.
STRUCTURE. Anything constructed or erected other than a building, the use of which requires permanent location of the ground, or attached to something having a permanent location on the ground, including, but without limiting, the generality of the foregoing, advertising signs, billboards and backstops for tennis courts.
TAVERN. A business which requires an Ohio State alcoholic beverage license and whose trade is primarily the sale of alcoholic beverages, or the sale of alcoholic beverages and meals which are to be consumed upon the premises.
TOWER. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports either:
(1) Wireless telecommunications facilities (cables, wires, lines, wave guides, antennae) and/or an associated equipment shelter; and/or
(2) A wind energy facility consisting of one wind turbine/wind generator and any accessory structure and building, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
TRAILER, SMALL UTILITY. Any trailer drawn by passenger automobile, used for the occasional transport of personal effects.
TRANSITIONAL HOUSING. Housing with the main purpose of finding individuals and families permanent housing in a timely manner.
TREASURER. The Treasurer of the city.
TRUCK PLAZA. A gasoline/diesel fuel dispensing station that is designed for use by semi-tractors, trailers and other similar vehicles, and the ancillary commercial uses, including but not limited to restaurants, food and beverage counters, lounges and showers.
VARIANCE. A variance is a relaxation of requirements where such variation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this chapter would result in unnecessary and undue hardship.
VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and night accommodations on the premises for the treatment, observation and/or recuperation.
WAREHOUSING. The bulk storage of goods.
YARD. An open space at grade between a building and the adjoining lot line unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth or a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.
YARD, FRONT. A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the main building of any projections of the usual uncovered steps, uncovered balconies, or uncovered porch. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
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 projection thereof, other than the projections of uncovered steps, 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 thereof.
ZONING CERTIFICATE. The document issued by the Zoning Inspector authorizing the use of the land or buildings.
ZONING DISTRICT MAP. The zoning district map or maps of the municipality, together with all amendments subsequently adopted.
ZONING INSPECTOR. The Zoning Inspector or his or her authorized representative appointed by the Mayor and confirmed by the Council.
(Ord. 6570-93, passed 12-13-1993; Am. Ord. 6863-98, passed 5-27-1998; Am. Ord. 6895-98, passed 5-27-1998; Am. Ord. 6891-98, passed 9-28-1998; Am. Ord. 6927-98, passed 10-26-1998; Am. Ord. 01-02-007, passed 4-9-2001; Am. Ord. 02-02-009, passed 2-25-2002; Am. Ord. 02-02-003, passed 2-25-2003; Am. Ord. 08-12-099, passed 1-26-2009; Am. Ord. 11-09-054, passed 11-14-2011; Am. Ord. 20-04- 024, passed 7-27-2020)