For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY USE. A use subordinate, secondary, incidental to, and customary in connection with the principal building or use and located on the same lot as the principal building or use.
ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building or structure occupied by an accessory use.
ADMINISTRATIVE and BUSINESS OFFICES. Offices which carry on no retail trade with the public and maintain no stock of goods for sale to customers.
AGRICULTURE. The use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, as further defined and specified in § 156.031(B) of this chapter.
ALLEY. A public right-of-way ten to 20 feet wide which provides only secondary means of access to abutting property.
BASEMENT. A story whose floor level, two feet or more below grade level, but having less than half its clear height above grade level.
BUILDING. A structure permanently affixed to the land with one or more floors and a roof supported by columns or walls, used or intended to be used for shelter or enclosure of persons, animals and/or property.
(1) HEIGHT OF BUILDING. The vertical distance from the average grade surrounding the building to the highest point of the roof.
(2) BUILDING LINE. The front yard setback line established by this Zoning Code generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located.
BUILDING AND ZONING INSPECTOR. The zoning enforcement official of the city appointed by the City Manager, subject to the approval of City Council who is charged with the duty of enforcing the provisions of the Zoning Code.
BUSINESS SERVICES. Any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
CEMETERY. Land used or intended to be used for the burial of human dead.
CERTIFICATE OF OCCUPANCY. A certificate issued by the Building and Zoning Inspector, pursuant to § 156.225 of this chapter, confirming that the requirements of this chapter have been met, and the building can be occupied.
CITY. The City of Washington Court House, Ohio.
CLINIC, HUMAN. An establishment where patients who are not lodged overnight are admitted for examination and/or treatment by a physician or group of physicians.
CONDOMINIUMS. Real property, portions of which are designated for separate unit ownership by the unit owners and the remainder of which is designated for common ownership by the unit owners.
CONGREGATE or GROUP HOME. A residential care facility in which not less than nine but not more than 16 persons are provided with room, board, specialized care, rehabilitative services and supervision in a family environment.
DRIVE THROUGH FACILITIES. A designated place, in conjunction with a retail or service establishment, from which persons can conduct the major portion of their business without leaving their motor vehicle.
DWELLING or RESIDENCE. Any building or portion thereof which is designed or used for residential purposes, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
(1) MULTIPLE-FAMILY DWELLING or MULTIPLE-FAMILY RESIDENCE. A building designed or used as a residence for three or more families living independently and doing their own cooking therein.
(2) SINGLE-FAMILY DWELLING or SINGLE-FAMILY RESIDENCE. A building designed for or occupied exclusively by one family.
(3) TWO-FAMILY DWELLING or TWO-FAMILY RESIDENCE. A building designed for or occupied exclusively by two families living independently.
ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam, or water transmission or distribution systems; collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conducts, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety, or general welfare, but not including buildings.
FAILURE OF DELIVERY. A particular notice was not received, due to circumstances beyond the control of the city, and does not include the lack of mailing of the subject notices in the matter specified in this chapter.
FLOOR AREA. A building means the sum of the gross horizontal areas of the building floors, measured from the exterior faces of exterior walls. Floor area shall not include basements, elevator and stair bulkheads, unfinished attic spaces, terraces, breezeways, open porches, uncovered steps, or garages.
FRONTAGE or LOT FRONTAGE. That portion of the lot that directly abuts the street, and has direct access thereto. Lot frontage shall be measured along the minimum building setback line for the district within which such lot is located.
GARAGE, PRIVATE. A building, or portion of building, designed or used for the storage of motor-driven vehicles owned and/or used by the occupants of the principal use of the property.
GASOLINE SERVICE STATION. Any building or land used for the sale, offering for sale, and/or dispensing of any vehicular fuels, oils or accessories, including the lubrication of automobiles or motor vehicles and replacement or installation of minor parts and accessories, but not including major repair work, such as motor replacement, body and fender repair, or painting and finishing.
HOME OCCUPATION. Any occupation or profession conducted primarily by immediate resident family members, which is clearly incidental and secondary to the dwelling's residential use. A home occupation must meet the standards and requirements specified in § 156.062 of this chapter.
HOSPITAL. A building or structure containing beds for at least four patients allowing for overnight or continuous care, diagnosis and treatment of human ailments.
HOTEL or MOTEL. A building in which lodging is provided or offered to the public for compensation and which is open to transient guests, in contradiction to a boarding house or lodging house operated on a membership basis.
INSTITUTION. An organization providing social, cultural, educational or health services to member agencies, organizations, and individuals, or to the general public.
LOADING SPACE. A space within the main building or on the same lot therewith, providing for the standing, loading, or unloading of trucks.
LOT. A division of land separated from other divisions for purposes of sale, lease, or separate use, described on recorded subdivision plat, recorded map or by metes and bounds, and includes the terms PLAT and PARCEL.
(1) CORNER LOT. Any lot at the junction of and abutting on two or more intersecting streets, where the angle of intersection is not more than 135 degrees.
(2) LOT COVERAGE. The ratio of enclosed ground floor area of all buildings and/or pavement areas on a lot to the horizontally projected area of the lot, expressed as a percentage.
(3) LOT OF RECORD. Any lot which individually or as a part of a subdivision has been recorded in the Office of the Recorder, Fayette County, Ohio, as of the effective date of this chapter.
(4) LOT WIDTH. The width of a lot at the building setback line measured at right angles to its depth.
(5) MINIMUM AREA OF LOT. The area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
(6) REAR LOT LINE. That lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is
less than ten feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angels from each side lot line. In the case of a corner lot, the rear lot line is opposite and furthest removed from the front lot line of least dimension.
(7) SIDE LOT LINE. The lot line running from the front lot line to the rear lot line. This line is also the line dividing two interior lots.
MANUFACTURING. Any production or industrial process, including food processing, which combines one or more raw materials or components into a product or which changes the nature of the materials entering the process, and which by the nature of the materials, equipment and/or process utilized is not objectionable by reason of odor, noise, vibration, gas fumes, dust, smoke, refuse, or water-carried wastes.
NONCONFORMING USE. The use of land or a building, or a portion thereof, which does not conform with the use regulations of the district in which it is situated, which use was lawful prior to the enactment of this Zoning Code.
NURSERY or DAY CARE CENTER. A facility which temporarily assumes responsibility for more than four children other than those related to the resident of the premises. Such responsibility shall consist of administering to the needs of those children during any part of a 24-hour day for a period of two consecutive days.
NURSING HOME. Includes convalescent and extended care facilities; an establishment which specializes in providing necessary care, shelter and nursing services and services to those unable to be responsible for themselves.
OPEN SPACE. That part of a zoned property, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.
PARKING AREA or PARKING LOT. Any area other than street, drive, or alley used or intended to be used for the storage of motor vehicles, with or without a fee.
PERSON. Any individual, corporation, company, business, partnership, association or legal entity.
PERSONAL SERVICES. Any enterprise, conducted for gain, which primarily offers services to the general public such as shoe repair, watch repair, retail dry cleaning, barber and beauty shops, and related activities.
PROFESSIONAL OFFICES. The offices which engage in the providing to the general public of services of a professional nature such as legal, medical, accounting, and architectural services.
RECREATIONAL FACILITIES. Public or privately-operated uses such as country clubs, golf courses, swimming pools, or other areas maintained for the purpose of providing active and passive recreation.
RESIDENCE. See DWELLING.
RESTAURANT. A business establishment where food and beverages are prepared and presented for human consumption on the premises.
RETAIL STORES. Stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
RIGHT-OF-WAY. A strip of land taken 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.
SIMILAR USE. A use not specifically listed in any of the permitted building or use classifications of any district, but which may be found analogous and added to the classification, according to the procedures and requirements of § 156.030(B)(5) of this chapter.
SPOT ZONING. The zoning of a small area (typically four or five lots or a minimum of three acres) that predominately benefits the property owner(s) and which is not harmonious, or cannot be made harmonious, with the surrounding neighborhood(s).
STREET and THOROUGHFARE. A public way for the purpose of vehicular travel, including the entire area within the right-of-way.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground, including among other things walls, buildings, and patios. STRUCTURE does not include fences.
STRUCTURAL ALTERATION. Any change which would replace or tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams, or girders.
TRUCK SERVICING ESTABLISHMENT. A business, which sells fuel and services to motor vehicles and has customary clientele of which more than 15% is comprised of trucks having three or more axles.
USE. The purpose for which a building is arranged, designed, or intended, or for which either land, lot, piece or parcel thereof or a building located thereon or may be occupied or maintained.
VARIANCE. A modification from the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of action by the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
YARD. A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general level of the graded lot upward.
(1) FRONT YARD. That portion of a lot extending across the front of the lot between the side lot lines and being the minimum horizontal distance between the street right-of-way and the front of the building or structure.
(2) REAR YARD. That portion of a lot extending across the rear of the lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the building or structure.
(3) SIDE YARD. That portion of a lot that is located between the side lot line and the nearest building or structure.
ZONING DISTRICT. A portion of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
ZONING DISTRICT MAP. The Zoning District of the city, together with all amendments subsequently adopted by City Council.
ZONING PERMIT. An official statement certifying that a proposed building or use complies with all the provisions of this Zoning Code.
(Ord. 34-90, passed 12-26-90; Am. Ord. 17-2002, passed 8-28-02)