For the purposes of this Zoning Ordinance the following terms shall have the meanings set forth below:
(1) Abutting: Having a common border with, or being separated from, such common border by a public right-of-way, alley, or easement.
(2) Accessory Structure/Building: Any improvement to the property other than the main building(s), with the exception of landscaping. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
(Ord. 1999-37. Passed 11-15-99.)
(Ord. 1999-37. Passed 11-15-99.)
(3) Accessory Use: A use incidental to and on the same lot or property as the principal use. With respect to property which is zoned within a residential district, the operation of a "yard sale" shall be rebuttably presumed to be a lawful accessory use when it is continued in operation for no more than a total of ten calendar days, whether or not they are successive days, within the same calendar year.
With respect to property which is zoned within a residential district, the operation of a "yard sale" shall be rebuttably presumed to constitute a business, and shall not be presumed to be a lawful accessory use, when it is continued in operation for more than a total of ten calendar days, whether or not they are successive days, within the same calendar year.
For purposes of this section, "yard sale" means an offering for sale of miscellaneous items of personal property, whether displayed in the yard, within a porch, and/or within a garage, where the sale is incidental to the use of the premises as a residence and the sale is not conducted as a continuing or regular business.
(Ord. 2014-05. Passed 3-17-14.)
(Ord. 2014-05. Passed 3-17-14.)
(4) Adult Bookstore: An establishment that has as a substantial portion of its stock-in- trade and offers for sale or rent, for any form of consideration, any one (1) of the following items (1) books, magazines, periodicals, or other printed matter; photographs, films, motion pictures, video cassettes, slides, compact disks, or other visual representations; audio tapes, cassettes, records, compact disks, or other audio representations or any other similar material that are characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas or (2) instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.
(5) Adult Cabaret: A nightclub, bar, restaurant, or similar establishment that regularly features live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities , or films, motion pictures, video cassettes, slides, or other photographic reproductions in which a substantial portion of the total presentation time is devoted to showing of material that is characterized by an emphasis upon the depiction or description of specified sexual activities or specified anatomical areas.
(6) Adult Day Care Facility: A facility where adults who do not otherwise have the capacity to take care of themselves are cared for during daytime hours with no overnight accommodations. Adults being cared for at this type of facility generally do not leave the facility without the assistance of the primary caregiver or employees of the facility.
(7) Adult Group Homes: A group of seven (7) or more individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single-housekeeping unit, whether or not the individuals are regulated by any other lawful entity.
(8) Adult Motion Picture Theater: An establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are shown, and in which a substantial portion of the total presentation time is devoted to the showing of material characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
(9) Agriculture: The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, forestry, animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offal to swine and other animals. A use shall be classified as agricultural only if agriculture is the principal use of the land.
(10) Alley: See Thoroughfare.
(11) Alterations: Any change addition or modification in the construction or occupancy of any building or structure.
(12) Alterations, Structural: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
(13) Apartment House: See Multiple-Family Dwelling.
(14) Appeal: A request for a review of the Responsible Authority, interpretation of any provision of this chapter or a request for a variance.
(15) Area, Building: The total of areas taken on a horizontal plane at the main grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.
(16) Area of Special Flood Hazard: The land in the floodplain within the community subject to a one percent (1%) or greater chance of flooding in any given year.
(17) Auto Court: See Motel.
(18) Bar, Tavern, or Cocktail Lounge: Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and minors are not prohibited from dining.
(19) Base Flood: The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 100-year flood.
(20) Basement: A story partly underground but having at least one-half of its height below the average level of the adjoining ground. A basement shall be counted as a story for the purposes of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five feet (5 ft.) or if used for business or dwelling purposes.
(21) Bed and Breakfast: An owner-occupied, single-family dwelling that contains guest rooms where short term lodging, with or without meals, is provided for compensation.
(22) Board: The Board of Zoning Appeals of Wellington, Ohio.
(23) Boardinghouse, Rooming House: A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms.Building: Any structure that is used for occupancy or storage of any human activity, including the care of livestock and unattended storage of goods and has at least three (3) walls and is at least six feet (6 ft.) in height.
(24) Building: Any structure that is used for occupancy or storage of any human activity, including the care of livestock and unattended storage of goods and has at least three (3) walls and is at least six feet (6 ft.) in height.
(25) Building, Detached: A building surrounded by open space on the same lot with a principle building.
(26) Building, Height: The vertical distance measured from the average elevation of proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, hip and gambrel roofs.
(27) Building Line: See Setback Line.
(28) Building(s), Principal: A building or group of buildings in which is conducted the main or principal use of the lot on which such building(s) is situated.
(29) Cellar: See Basement.
(30) Child Care Facility: An establishment that administers to the needs of seven (7) or more infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four (24) hour day in a place or residence other than the child's own home. The term “Child Care Facility” also includes nursery schools where children under the age of five (5) are receiving schooling.
(31) Club: An organization catering exclusively to members and their guests, including premises and buildings for recreational or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required generally for the membership and purposes of such club.
(32) Commission: The Village Planning Commission.
(33) Condominium: An estate in real property consisting of an undivided interest in common with other purchases in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.
(34) Corner Lot: See Lot Type.
(35) Court: An unoccupied open space, other than a yard, on the same lot with a building which is bounded on two (2) or more sides by the walls of such building.
(36) Court, Inner: A court enclosed on all sides by exterior walls of a building or by exterior walls and lot lines on which walls are allowable.
(37) Court, Outer: A court enclosed on not more than three (3) sides by exterior walls and lot lines on which walls are allowable, with one (1) side or end open to a street, driveway, alley, or yard.
(38) Covenant: A written promise or pledge.
(39) Coverage: See Lot Coverage.
(40) Culvert: A transverse drain that channels under a bridge, street, or driveway.
(41) Density: A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density: The number of dwelling units per acre of the total land to be developed.
B. Net Density: The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(42) Density, Medium Residential: Land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed eight (8) dwelling units per gross acre.
(43) Developer: Any individual, subdivider, firm association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under these regulations to effect a subdivision of land hereunder for the individual/entity or for another.
(44) Development: Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation, or drilling operations.
(45) Dish: That part of a satellite signal receiving antenna which is shaped like a saucer or dish, whether it is spherical, parabolical, or similar in shape.
(46) Drive-up or Drive-through: An establishment that, by design of physical facilities or by services or packaging procedures, encourages, or permits customers to receive a service or obtain a product that may be transported in a motor vehicle.
(47) Drawing: The map, drawing, or chart on which the developers plan of subdivision is presented to the Planning Commission for conceptual and/or preliminary approval. After such approval, or in concurrence with this submittal, the final plat may be prepared for submission.
(48) Dwelling: A building designed or used as the living quarters for one (1) or more families. “Dwelling,” “single-family dwelling,” “two-family dwelling,” or “multiple-family dwelling” shall not be deemed to include motel, hotel, or rooming house. A dwelling may include an industrialized unit (as defined herein) and a manufactured home (as defined herein) provided it meets all of the following requirements:
1) The manufactured home is affixed to a permanent foundation and connected to appropriate utilities.
2) The manufactured home, excluding any addition, has a width of at least twenty-two feet (22 ft.) at one point, a length of at least twenty-two feet (22 ft.) at one point. The total living area of the manufactured home, excluding garages, porches, or attachments, must be at least nine hundred square feet (900 sq. ft.) or equal to or greater than any minimum dwelling size applicable within an applicable zoning district.
3) The manufactured home has a minium 3:12 residential roof pitch, conventional residential siding, and a six inch (6 in.) minimum eave overhang, including appropriate guttering.
4) The manufactured home was manufactured after January 1, 1995.
5) The manufactured home is not located in a manufactured home park as defined herein.
(49) Dwelling, Single-Family: A building designed for or occupied exclusively by one (1) family and separated from other dwelling units by open space.
(50) Dwelling, Two-Family: A building consisting of two (2) dwelling units which may be either attached side by side or one (1) above the other.
(51) Dwelling, Multiple-Family: A building consisting of four (4) or more dwelling units.
(52) Dwelling Unit: Space, within a building, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one (1) family and its household employees.
(53) Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of this property.
(54) Engineer: Any person registered to practice professional engineering, in the State of Ohio, by the State Board of Registration as specified in Section 4733 of the Ohio Revised Code.
(55) Erosion Control: See Storm Water Permit.
(56) Family: One (1) or more persons living, sleeping, cooking, or eating on the same premises as a single housekeeping unit with no more than six (6) persons, unless all persons are related by blood, marriage, or adoption to one (1) another.
(57) Farm: Any parcel of land containing at least five (5) acres which is used for the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and the storage of equipment used subject, however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, livery or boarding stables, and dog kennels.
(58) Federal Emergency Management Agency (FEMA): The agency with the overall responsibility for administering the National Flood Insurance Program.
(59) Filling Station: See Gasoline Station.
(60) Flood or Flooding: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters.
B. The unusual and rapid accumulation or runoff of surface waters from any source.
(61) Flood Insurance Rate Map (FIRM): An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
(62) Flood Insurance Study: The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
(63) Floodplain: The areas adjoining a water course which are expected to be flooded as a result of a severe combination of hydrological conditions.
(64) Floodway: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(65) Floor Area: The sum of the total horizontal areas of the several floors of all buildings on a lot, measured from the exterior walls. In particular, the floor area of a building or buildings shall include:
(66) Garage, Repair: Any establishment which is used for repair, painting, servicing, adjusting, or equipping of automobiles, boats, or any other vehicle with an engine or motor of any kind.
(67) Gasoline Station: Any area of land, including structures thereon, that is used primarily for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing motor vehicles, but not including the painting thereof by any means.
(68) Grade, Finished: The completed surfaces of lawns, walks, and roads brought to grades as shown on municipally approved plans or designs relating thereto.
(69) Gross Floor Area: The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics, and penthouses, as measured from the exterior faces of the walls. It does not include cellars, unenclosed porches, or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
(70) Home Occupation: An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling unit and which does not alter the exterior of the property or affect the residential character of the neighborhood in which the dwelling is located.
(71) Hospital: An institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons and licensed by state law to provide facilities and provides overnight accommodations for such patients.
(72) Hospital, Animal: An establishment for the medical and/or surgical care of sick or injured animals.
(73) Hotel: A facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities for their guests.
(74) Improvements: Street pavement or resurfacing, curbs, gutters, sidewalks, waterlines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.
(75) Industrialized Unit: Industrialized unit means a building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or as part of a greater structure and that requires transportation to the site or 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. An industrialized unit does not include a manufactured home or mobile home as defined herein.
(76) Institution: A building occupied by a nonprofit corporation or a nonprofit establishment for public use.
(77) Junk: Any worn-out, castoff, or discarded article or material which is or may be salvaged for reuse, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for the aforementioned purposes. Any article or material which unaltered or unchanged and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.
(78) Junk Buildings, Junk Shops, Junk Yards: Any land, property, structure, building, or combination of the same, on which junk is stored or processed. See also ORC 4737.05(B).
(79) Kennel: A structure used for the harboring, grooming, breeding, boarding, training, or selling of more than three (3) domestic animals.
(80) Line, Street: The dividing line between the street and the lot, also referred to as the “right-of-way line.”
(81) Living Area: The total square footage of usable living floor space within the defined areas created by the walls of a dwelling. Such area does not include open patios, open terraces or courts, open breezeways, outside steps, garages, and/or carports.
(82) Loading Space: A loading space shall have minimum dimensions of not less than twelve feet (12 ft.) in width, fifty feet (50 ft.) in length, exclusive of driveways, drive aisles, and other circulation areas and a height clearance of not less than fifteen feet (15 ft.).
(83) Location Map: See Vicinity Map.
(84) Lot: For purposes of these regulations, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record.
B. A portion of a lot of record.
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(85) Lot, Corner: A lot which has an interior angle of less than one hundred thirty-five degrees (135°) at the intersection of two (2) street lines. A lot abutting upon a curbed street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than one hundred thirty-five degrees (135°).
(86) Lot Coverage: The ratio of enclosed ground floor area of all buildings and structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
(87) Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under Yards in this section.
(88) Lot of Record: A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(89) Lot, Through: A lot having frontage on two parallel or approximately parallel streets.
(90) Lot Lines: Any line dividing one lot from another (see Illustration A).
(91) Lowest Floor: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage, in an area other than a basement area, is not considered a building’s lowest floor.
(92) Major Thoroughfare Plan: The comprehensive plan recommended by the Village Planning Commission and adopted by the Village Council indicating the general location recommended by arterial, collector, and local thoroughfares within the corporate limits.
(93) Manufactured Home: A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
(94) Manufactured Home Park: Any tract of land upon which three (3) or more manufactured or mobile homes used for habitation 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 the park. A tract of land that 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 (3) or more manufactured homes are parked thereon if the roadways are publicly dedicated. Manufactured home parks also do not include a tract of land used solely for display or sale of manufactured or mobile homes, or a tract of land with frontage on a public street that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation. A manufactured home park also does not include a recreational vehicle park.
(95) Monuments: Permitted concrete markers shall be used to establish definitely all subdivision boundaries, line corners, points of change in centerline of street right- of-way alignment, and points of intersection of centerline of street right-of-way alignments. The monuments shall be of two types:
A. Type A: A cylindrical concrete marker six (6) inches in diameter and thirty (30) inches in length with a quarter (1/4) inch iron rod cast at the central axis of the cylinder. Said marker shall be placed in a vertical position with its top being level with the surface of the surrounding ground. To be used at all points not in the pavement area.
B. Type B: A cylindrical concrete maker as described under Type A except that a machine type iron bolt (without nut) of one (1) inch diameter by twelve (12) inches in length shall be placed in a vertical position with the head of the bolt upward and level with the surface of the pavement. A point shall be marked on the head of the bolt to indicate the exact point referred to on the Final Plat.
(96) Motel: A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.
(97) Motor Vehicle Repair Shop: See Garage, Repair.
(98) New Construction: Structures for which the start of construction has commenced on or after the effective date of this Section.
(99) Non-conforming Use: A building, structure, or use of land existing at the time of enactment of this Zoning Ordinance and which does not conform to the regulations of the district or zone in which it is situated.
(100) Nursery School: See Child Care Facility.
(101) Nursing Home: A home or facility for the care and treatment of three (3) or more persons who are living on the premises, that are infirmed and not normally capable of leaving the premises without assistance from care givers who are in attendance at the nursing home at all times.
(102) Open Space: An area open to the sky which may be on the same lot with a building. The area may include, along with natural environmental features, swimming pools, tennis courts, any other recreational facilities that the planning commission deems permissive. Streets, structures for habitation, and the like shall not be included.
(103) Owner: Any individual, firm, association, syndicate, co-partnership, corporation, trust, or any other legal entity having sufficient proprietary interest in the land sought to be subdivided to commence and maintain proceedings to subdivide the same under these regulations.
(104) Parcel: Any area or tract of land as defined in a recorded deed description and shown on a tax duplicate.
(105) Parking Space, Off-Street: For the purpose of these regulation, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
(106) Planned Unit Development: An area of land, in which a variety of housing types and/or related commercial and industrial facilities 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 these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
(107) Plat: The map, drawing, or chart on which the developer’s final plan of subdivision is presented to the Village Planning Commission and the Village Council for approval and, after such approval, to the County Recorder for recording.
(108) Principle Use: The main use of land or structures, as distinguished from a secondary or accessory use.
(109) Public Way: An alley, avenue, bikeway, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.
(110) Recreational Facilities: Commercial or non-commercial facilities that offer non- passive recreational services to a group of people or the general public. Included in this definition are outdoor recreational facilities and indoor recreational facilities. This definition includes a combination of indoor and outdoor recreational services.
(111) Regulations: Subdivision Regulations for the Village of Wellington, Lorain County, Ohio. (Ord. 1999-37. Passed 11-15-99.)
(112) Responsible Authority: The individual or governing body responsible for reviewing and/or approving or disapproving a request. Unless the text of a specific section expressly provides to the contrary, the village zoning inspector shall be deemed the “responsible authority.”
(Ord. 2007-48. Passed 12-3-07.)
(113) 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 such as grade separation, landscaped areas, viaducts, and bridges.
(114) Satellite Dish: A signal receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
(115) Service Station: See Gasoline Station.
(116) Setback: The minimum distance from the street line to the building line measured along a line perpendicular to the street line or front property line, or in the case of an arc street, measured along the radius of such arc. For lot abutting on a thoroughfare as shown on the Major Thoroughfare Plan for Lorain County, the setback shall be measured from the proposed right-of-way line specified for that thoroughfare on the Major Thoroughfare Plan for Lorain County.
(117) Setback Line: A line established by the subdivision regulations and/or zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said codes (see Yards).
(118) Sidewalk: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic (see Walkway).
(119) Sign: Any letters, pictorial representation, symbol, non-governmental flag, emblem, illuminated or animated device, displayed in any manner whatsoever, which directs attention of persons to any object, subject, place, person, activity, product, service, institution, organization, or business.
(120) Sign, Permanent: A sign that is permanently affixed to a building, other unmovable structure, or the ground.
(121) Sign, Portable: Any sign which is capable of moving or being moved.
(122) Sign, Temporary: A sign applying to a seasonal or other brief activity or service and constructed of wood, metal, cloth, paper, plastic, or fabric of any kind.
(123) Specified Anatomical Areas; As used herein, specified anatomical areas means and includes any of the following: less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(124) Specified Sexual Activities: as used herein, specified sexual activities means and includes any of the following 1) the fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts; 2) sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; 3) masturbation, actual or simulated; or 4) excretory functions as part of or in connection with any of the activities set forth in subdivisions in items 1, 2, or 3 of this definition.
(125) Start of Construction: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within one hundred eighty (180) days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, construction of columns or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(126) Story: That portion of a building 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 any floor and the ceiling next above it.
(127) Street: A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
(128) Structure: Any building, shed, parking areas, driveways, or any other object constructed on any parcel or lot, regardless if it is temporary or permanent construction. “Structure” shall not include live plant materials established on a lot.
(129) Subdivision:
A. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites, or lots any one of which is less than five 95) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division of partition of land into parcels of more than five (5) acres not involving any new streets or easements of access, and the sale or exchange does not create additional building sites, shall be exempted.
B. The improvement of one (1) or more parcels of land for residential, commercial, industrial, structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easement for the extension and maintenance of public sewer, water, storm drainage, or other public facilities (see Minor Subdivisions).
(130) Substantial Completion: The point at which the building can be used for the purpose in which it was intended.
(131) Substantial Improvement:
A. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the replacement or reproduction cost and/or area, whichever is greater, of the structure either:
1. Before the improvement or repair is started.
2. If the structure has been damaged and is being restored, before the damage occurred.
B. For the purpose of this definition, substantial improvement is considered to occur when the first alteration of any wall, ceiling, floor, or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either:
1. Any project for the improvement of a structure to comply with existing State or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions.
2. Any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places.
(132) Surface Area (of a sign): The entire area within a single continuous perimeter enclosing the extreme limits of lettering, representations, emblems, or other figures, together with any material or color forming an integral part of the display or used to differentiate the sign from the background against which it is placed. Structural members bearing no sign copy shall not be included. Only one (1) side of a freestanding or projecting double-faced sign shall be included in calculating surface area, providing that the two (2) display surfaces are joined at an angle no greater than sixty degrees (60°). All sides of multi-faced signs, visible from any one (1) street, shall be included in the calculation of surface area.
(133) Swimming Pool: A pool, pond, lake, or open tank having a span of at least six feet (6 ft.) and intended for human recreational use and maintained by the owner or manager. Farm ponds and pools and ponds or lakes developed as landscape design features or as storm water detention/retention facilities where swimming is not intended and does not occur shall be excluded.
A. Private Pool: Exclusively used without paying an additional charge for admission by the residents and guests of a single household; an accessory use.
B. Community or Club Pool: Operated with or without a charge for admission and open to the general public for recreational use, or multiple-family development, or a community, or the members and guests of a club, or the patrons of a motel or hotel.
(134) Thoroughfare, Street, or Road: The full width between property lines bounding every public way or whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. Collector Street: A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-Sac, Terminating: A local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround.
E. Cul-de-Sac, Intermediate: Typically a local through street with a vehicular turnaround placed between street intersections or at the end of a temporary dead-end street intended to be extended in the future.
F. Dead-End Street: A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.
G. Local Street: A street primarily for providing access to residential, commercial, or other abutting property.
H. Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty degree (180°) system of turns are not more than one thousand feet (1000 ft.) from said arterial or collector street, normally more than six hundred feet (600 ft.) from each other.
I. Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets (also called Frontage Street).
(135) Through Lot: See Lot Types.
(136) Townhouse: One of two or more residential buildings having a common or party well separating dwelling units.
(137) Use: The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
(Ord. 1999-37. Passed 11-15-99.)
(138) Use, Conditional: A use of land that is of such a nature that its unlimited operation could be detrimental to the health, safety, morals, and general welfare of residents in the surrounding area or to property or property values and on which the public has reserved the right to permit and/or regulate the use, subject to certain general and/or specific conditions stated in this ordinance or determined by the Planning Commission which are deemed necessary to protect the permitted uses of other affected properties. (Ord. 2012-10. Passed 4-2-12.)
(139) Use, Institutional: A use of land or a building by a non-profit corporation or a non- profit establishment for public use.
(140) Variance: A modification of 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 the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(141) Walkway: A dedicated public way, for four feet (4 ft.) or more in width, for pedestrian use only, whether along the side of a road or not.
(142) Way: A street or alley or other thoroughfare or easement permanently established for passage of persons or vehicles.
(143) Wetlands: Areas inundated or saturated by surface or ground water at a frequency or duration sufficient to support, under normal circumstances, a prevalence of vegetation adapted for life in saturated soil conditions. These areas may be as defined by the Corps of Engineers, Soil Conservation Service, Ohio Department of Natural Resources, or the Ohio Environmental Protection Agency, and are specifically delineated by a wetlands specialist.
(144) Wireless Telecommunications Equipment Shelter: A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(145) Wireless Telecommunications Facility: A facility consisting of the equipment and structures involved in receiving or relaying telecommunications or radio signals from a radio communication source and transmitting those signals to a central switching computer which connects the unit with land-based telephone lines.
(146) Wireless Telecommunications Tower: A structure intended to support equipment used to transmit, relay and/or receive telecommunications signals including but not limited to monopoles, guyed, and lattice construction steel structures.
(147) Yard: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet (3 ft.) Above the general ground level of the graded lot upward, provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility (see Illustration A).
A. Yard, Front: A yard extending along the full width of the front lot line between side lot lines and from the front lot line to the building line in depth.
B. Yard, Rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building (see Illustration A).
C. Yard, Side: A yard extending from the principal building between the lines establishing the front and rear yards (see Illustration A).
(148) Zero Lot Line: The location of a building on a lot in such a manner that one of the building’s sides rests directly on a lot line (see Illustration B).
(149) Zoning Ordinance or This Ordinance: As used herein means Ordinance 1972-19, passed January 15, 1973, as amended, which is codified as Titles Three to Seven of this Part Eleven - Planning and Zoning Code.
Illustration A: Yard Illustrations and Building Setbacks
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Illustration B: Zero Lot Lines
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