1123.01 DEFINITIONS.
   (a)    “Accessory structures. A structure such as a garage, storage shed, barn, which is customarily incidental to, and subordinate to, a principle structure on a property.
   (b)   “Accessory use. A use customarily incidental and subordinate to the principle use of the building located on the same lot as the principle use or building.
   (c)   “Adult book store” means an establishment which utilizes 15 percent 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 electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both, books, magazines, other periodicals, films, tapes, cassettes and compact discs which are distinguished by their emphasis on adult materials as defined in this section.
   (d)   “Adult Cabaret” means a nightclub, bar, restaurant, supper club, lounge or similar establishment in which persons appear in a state of nudity in the performance of their duties.
   (e)   “Adult Entertainment Business” means an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, adult-oriented business, or an adult only entertainment establishment as further defined in this section.
   (f)   “Adult Motion Picture Drive-in Theater” means an open air drive-in theater which is regularly used or utilizes fifteen (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
   (g)   “Adult Motion Picture Theater” means an enclosed motion picture which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
   (h)   “Adult Only Entertainment Establishment” means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
   (i)   “Adult-Oriented Business” means an establishment having as its primary stock and trade material that is distinguished or characterized by its emphasis on sexually oriented material that is harmful for juveniles or is obscene. Adult-Oriented Business includes, but is not limited to any adult entertainment business, adult book store, adult motion picture theater, adult motion picture drive-in theater, and an adult only entertainment establishment.
   (j)   “Alley.” Any public space or thoroughfare which has been dedicated or deeded to the public travel and which affords a secondary means of access to abutting property.
   (k)   “Alteration.” As applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
   (l)   “Apartment house”. A multi-family dwelling for three or more families, living independently of each other, with cooking and toilet facilities in each unit.
   (m)   “Basement”. A story, suitable for business or habitation, partially below the level of the adjoining street or ground and below the first tier of floor beams or joists. When a basement floor is less than two feet below the average grade, it will be rated as the first story or ground floor.
   (n)   “Buffered areas”. Landscaped areas with no structures or facilities located thereon, provided to protect the integrity of residential property when abutted by less restrictive zoning activities and located totally within the confines of said less restrictive properties.
   (o)   “Building height”. The vertical dimension measured from the average elevation of the finished lot grade at the front 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 ridge of a gambrel roof.
   (p)   “Building line”. A line defining the minimum front, side and rear yard requirements.
   (q)   “Building principal”. The building housing the principal activity performed on any lot.
   (r)   “Church” means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
   (s)   “Clinic”. An establishment where patients who are not lodged overnight are admitted for examination and treatment.
   (t)   “Club”. Buildings and facilities owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
   (u)   “Day care center”. Any State licensed facility providing daily services for children for a fee.
   (v)   “Dwelling”. Any building or structure typically consisting of living rooms, dining rooms, bedrooms, closets, kitchens, and bathrooms, used by only one family. This definition includes industrialized units but does not include manufactured homes as defined herein.
   (w)   “Dwelling, one family”. A detached building designed for, or occupied exclusively by, one family.
   (x)   “Dwelling, two-family”. A detached building designed for, or converted or occupied exclusively by two families, living independently of each other.
   (y)   “Dwelling, multi family” (See apartment house)
   (z)   “Family”. One or more persons related by marriage or immediate blood relationship occupying a premise and living as a single housekeeping unit, as distinguished from a group occupying a board house, a lodging house, club fraternity or hotel.
   (aa)   “Fence”. Any structure composed of wood, iron, steel, masonry, stone or any other materials which are erected in such a manner and in such a location so as to in whole or in part enclose, secure, provide privacy, decorate, define the scope or limits of, or otherwise enhance all or an identifiable part of any premises.
   (bb)   “Garage, private”. A building or part thereof accessory to a main building and providing for the storage of automobiles and in which no occupation or business for profit is carried on.
   (cc)   “Garage, public or storage”. A building or part thereof other than a private garage for the storage of motor vehicles or boats and in which service station activities may be carried on.
   (dd)   “Garage repair”. A building or portion thereof used for the repair of motor-driven vehicles and doing work of a major type defined under service station.   
   (ee)    “Garage sales”. A building or portion thereof other than a private garage designed for selling, displaying, servicing, repairing including work of a major type defined under service station.
   (ff)   “Gasoline service station”. Any area of land, including any structure or structures thereon, that is or are used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles or boats. For the purposes of this chapter there shall also be deemed to be included in this term any area or structure used or designed to be used for polishing, greasing, washing, spraying, dry cleaning, or otherwise cleaning or servicing such motor vehicles.
   (gg)   “Home occupation”. A trade, profession or a business conducted by members of the family occupying a dwelling unit and only as accessory to the principal use thereof which does not change the residential character thereof.
   (hh)   “Industrialized units”. An assembly of materials, components, or products comprising all or part of a structure, which when constructed, is self-sufficient and constitutes a dwelling unit, except for necessary preparations for its placement. Such units are also known as pre-engineered or pre-fabricated dwellings or a panelized unit, modular sectional dwelling. All industrialized units are assembled so as to be a permanent part of the land upon which the dwelling is located.
   (ii)   “Inoperable motor vehicle”. A motor vehicle, the condition of which is wrecked, dismantled, partially dismantled, incapable of operation by its own power upon a public street, or from which the wheels, or engine, or transmission, or any substantial part thereof has been removed, and which lawfully may have affixed there to an unexpired license plate.
   (jj)   “Junk”. Old or scrap copper, brass, rope, rags, trash, batteries, paper, rubber, lumber, pipe, used building materials, roofing, old scrap iron, steel, or other ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing these materials located in an appropriate business zone pursuant to this Zoning Ordinance.
   (kk)   “Junk motor vehicle”. Any motor vehicle that is three years old or older; is extensively damaged, such damage including but not limited to missing wheels, tires, motor or transmission; apparently inoperable; and having a fair market value of two hundred dollars ($200.00) or less.
   (ll)   “Junk yard”. The use of more than 25 square feet of the area of any lot, whether inside or outside a building, or the use of any portion of that half of a lot that joins any street, for the storage, keeping or abandonment of junk.
   (mm)   “Historical motor vehicle”. Any motor vehicle of the age of 25 years or more which is defined pursuant to Ohio R.C. 4501.01 (G) and eligible for a collector’s license pursuant to Ohio R.C. 4503.45.
   (nn)   “Loading space”. An off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
   (oo)   “Lot”. A parcel of land occupied or capable of being occupied by one or more buildings and the accessory buildings or uses customarily incidental to it, including such open spaces as are required by this chapter.
   (pp)   “Lot corner”. A lot at the point of intersection of an abutting two or more intersecting streets.
   (qq)   “Lot, depth of”. The mean distance from the right-of-way line of the street at the front of the lot to its opposite rear line measured in the general direction of the side lines of the lot where the right-of-way is not established.
   (rr)   “Lot, interior”. A lot other than a corner lot.
   (ss)   “Lot lines” . The lines defining the limits of a lot.
   (tt)   “Lot of record” . A lot which is part of subdivision, the plot of which has been recorded in the Office of the Recorder of Huron County, or a lot described by metes and bounds, the deed to which has been recorded in the Office of the Recorder of Huron County.
   (uu)   “Lot, width of”. The width measured along the minimum setback line.
   (vv)   “Manufactured home”. As defined in Ohio R.C. 4501.01, any nonself-propelled vehicle transportable in one or more sections, which in the traveling mode, is eight body feet or more in length or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and includes plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure’s exterior dimensions measured at the largest horizontal projections containing interior space, but do not include bay windows.
   (ww)   “Manufactured home park”. Any tract of land upon which three or more manufactured homes used for habitations are parked, either free of charge or for revenue purposes, and includes any roadway, building structure, vehicle or enclosure, used or intended for use as a part of the facilities of such a park. A tract of land which is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park even though three or more manufactured homes are parked thereon if the roadways are dedicated to a local government authority. A manufactured home park does not include any tract of land used solely for storage or display or sale of manufactured homes or solely as a temporary park-camp.
   (xx)   “ Material” means any book, magazine, newspaper, pamphlet, poster, print, picture, figure, image, description, motion picture film, phonographic record, or tape, or other thing capable of arousing interest through sight, sound or touch.
   (yy)   “Mobile home park” (trailer park). A tract or parcel of land open to the public upon or in which two or more trailer coaches occupied for dwelling or sleeping purposes are located, regardless of whether or not a charge is made for such accommodations.
   (zz)   “Minimum building setback line”. A line in the back of and parallel to, the street right-of-way line, at a distance from the street right-of-way line equal to the required minimum front yard depth in the zoning district in which it is located.
   (aaa)   “Minimum living floor area”. Living floor area shall consist of areas such as living room, bedroom, bathroom, dining room, rooms for cooking, den, library and family rooms, but shall not include areas such as screened-in porches, open porches, breezeways, terraces, garages, and basements.
   (bbb)   “Motel, auto court”. A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient travelers and providing for accessory off street parking facilities. The term MOTEL includes buildings designed as tourist courts, motor courts, motels and similar structures which are designed as integrated units of individual rooms under common ownership.
   (ccc)   “Non-conforming use” . A building, structure or use of land existing at the time of enactment of Ordinance 2000-0-03, and which does not conform to the use regulations of the district on which it is located.
   (ddd)   “Nursing or convalescent home”. Any dwelling with sleeping rooms where persons are housed or lodged and furnished with meals and nursing care for hire.
   (eee)   “Open space”. An area of land which is in its natural state or is developed only for the raising of agricultural crops, lawns or gardens, or for public outdoor recreations (exclusive of active recreational activities such as tennis courts, ball fields, playgrounds, etc.)
   (fff)   “Parking”. Temporary holding of a vehicle for a period longer than required to load or unload person or goods.
   (ggg)   “Public park”. Public park means public land which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the Village which is under the control, operation or management of the Village, County or State.
   (hhh)   “Recreational vehicle”. As defined in Ohio R.C. 4501.01, a vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses and being classed as follows:
      (1)   “Motor home”. A self-propelled recreational vehicle constructed with     permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
      (2)   “Travel trailer”. A nonself-propelled recreational vehicle not exceeding an overall length of thirty-five feet, exclusive of bumper and tongue or coupling, and includes a tent type fold out camping trailer as defined in Ohio R.C. 4517.01 (S).
      (3)   “Truck camper” A nonself-propelled recreational vehicle, without wheels for road use, and designed to be placed upon and attached to a motor vehicle. Truck camper does not include truck covers, which consist of walls and roof but do not have floors and facilities for using same as a dwelling.
   (iii)   “Recreational vehicle park or recreation park”. Any tract of land upon which recreational vehicles, tents, portable sleeping equipment, and similar camping equipment is used for travel, recreation, vacation, or transient dwelling purposes.
   (jjj)   “Residential district”. Residential District means those areas defined in the section named Low Density Single Family Residential District of the Village of Wakeman.
   (kkk)   “Required yard”. The unoccupied space between a front, side or rear lot line and a principal structure on the same lot.
   (lll)   “Rooming house”. A building where lodging only is provided for compensation.
   (mmm)   “School” means any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschool, kindergartens, elementary schools, primary schools, intermediate schools, junior schools and universities. School includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
   (nnn)   “Self storage unit”. A structure housing multiple, individual storage units for the purpose of renting or leasing.
   (ooo)   “Story, height of” . The vertical distance from the top surface of one floor to the top surface of the next above. The height of the top-most story is the distance from the top surface of the floor to the top surface of the ceiling joists.
   (ppp)   “Street”. Unless otherwise indicated street shall mean either a public or a private street.
   (qqq)   “Street, private”. A thoroughfare which affords principal means of access to property, but which has not been dedicated to public use.
   (rrr)   “Street, public”. A public thoroughfare which has been dedicated or deeded to the public for public use and accepted by the Village council, and which affords principal means of access to abutting property.
   (sss)   “Structure”. Anything that is constructed or erected having a location on or in the ground or attached to that having location on or in the ground.
   (ttt)   “Structural alterations”. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders, or any substantial changes in the roof and exterior walls.
   (uuu)   “Tower” . Tower means any structure thirty-five feet or greater in height above grade, whether free standing or attached to an existing structure, that is owned, operated or in any way or to any extent controlled by any commercial enterprise, public or private utility, or other entity and that is intended for transmitting, receiving, or relaying television, radio, telephone or other communications.
   (vvv)   “Width, side yard”. The perpendicular distance between the established side lot line and any portion of any principal structure existing or to be connected on said lot.
   (www) “Wrecked motor vehicle”. Any motor vehicle which does not have lawfully affixed thereto an unexpired license plate, and the condition of which is wrecked, dismantled, incapable of operation by its own power on a public street, or from which the wheels, engine, transmission, or any substantial part thereof has been removed.
   (xxx)   “Yard depth, front”. The perpendicular distance between street right-of-way and the nearest portion of any principal structure existing or to be constructed.
   (yyy)   “Yard depth, rear”. An open unoccupied space on the same lot with any principal structure between the rear line of the building and the rear line of the lot and extending the full width of the lot.
   (zzz)   “Yard depth, side”. An open unoccupied space on the same lot with any principal structure between the side lines of the building and the side lot line of the lot.
(Ord. 2000-0-03. Passed 3-13-00.)