For the purpose of this Ordinance, certain terms and words are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural, the plural number shall include the singular; the word "building" shall include the word "structure" and the word "shall" is mandatory and not directory.
(1) “Abandoned and unclaimed motor vehicles.” See Ohio R.C. 4513.60.
(2) “Accessory Building” means a subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use.
(3) “Accessory Use” means a use or building such as a garage naturally and normally incidental to, subordinate to, and devoted exclusively to the main use of the lands or buildings.
(4) “Agriculture” means the art or science of cultivating the ground. Permitted use does not include animal or poultry raising within Village limits.
(5) “Alley” means a secondary access way of not less than 20 feet in width dedicated to public use for travel or transportation and affording vehicular access to abutting property.
(6) “The Americans with Disabilities Act of 1990 (ADA).” A copy of this act is on file in the office of the Director of Public Service.
(7) “Apartment” means a room or suite of rooms intended, designed or used as a residence by a single family.
(8) “Apartment Building” means a building designed for or containing apartments or suites of rooms for residence.
(9) “Automotive Repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(10) “Automotive Sales” means the sale or rental of new or used vehicles or trailers.
(11) “Auto and Metal Salvage” means the dismantling, storage or sale of used motor vehicles, trailers, or parts thereof.
(12) “Basement” means the part of a building that is wholly or partly below ground level.
(13) “Boarding House” means a building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three (3) or more persons but not exceeding twenty (20) persons.
(14) “Building” means any structure having a roof supported by columns or walls for the shelter or enclosure of persons or property.
(15) “Building Permit” means a document issued by the Zoning Inspector authorizing construction, extension, erection or alteration of any building or structure.
(16) “Zoning and Code Enforcement Inspector” shall be appointed by the Mayor and confirmed by Council; and shall hold office until a successor is appointed.
(17) “Building, Front Line of” means the line of that face or front of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.
(18) “Building, Height of” means 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 to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(19) “Buildings, Principal” means a building in which is conducted the main or principal use of the lot on which said building is situated.
(20) “Building Setback Line” means the minimum horizontal distance between the street right-of-way line and the front foundation line of a building.
(21) “Business Services” means 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.
(22) “Cellar” means a story partly underground and having more than one-half (½) of its clear height below the average level of the adjoining ground. A cellar shall not be considered a story for purposes of height measurement, or in determining the permissible number of stories.
(23) “Certificate of Occupancy” means a certificate issued by Zoning and Code Enforcement Inspector to allow occupancy.
(24) “Certificate of Zoning Compliance” means the document issued by the Zoning Inspector authorizing the use of the land or buildings. "Zoning Certificate"
(25) “Child Care” means 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 handicraft.
(26) “Clinic” means an establishment where patients who do not lodge overnight are admitted for examination and treatment by a group of physicians practicing together.
(27) “Club” means a building or portion thereof or premises 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.
(28) “Commercial Vehicle” means a vehicle designed and used to carry property and having a gross weight of more than 10,000 lb.
(29) “Commission” means the Planning and Zoning Commission of the Municipality.
(30) “Comprehensive Plan” means the long-range plan for the desirable use of land in this area as adopted by the Council of the Village of West Jefferson. The purpose of such plan is, among other purposes, to serve as a guide in future development and zoning for the community.
(31) “Conditional Uses” means any use of buildings and/or land, which by the nature of it, requires review by the Planning and Zoning Commission in order to determine its effect upon adjacent existing uses.
(32) “Container”, for the purpose of zoning, means an article of transport equipment which is of a permanent character and strong enough for repeated use; is specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading; and is fitted with devices permitting its ready handling from one mode of transport to another; and is designed as to be easy to fill and empty; and has an internal volume of one cubic meter or more.
(33) “Container Port Depot” means a business or ancillary use where "Containers" are stored, repaired, loaded, unloaded or prepared for transport by highway, rail, air, or water. In West Jefferson Container Ports shall only be located in M-2 Industrial Zoned areas, sub-classification, Transport and Trucking Terminals.
(34) “Container Storage” means container storage used in conjunction with construction work only and may be permitted in any district during the period that the construction work is in progress, but such temporary containers shall be removed upon completion of the construction work. Container storage units are not permitted in any "R" district, except during construction.
(35) “Council” means the Council of the Municipality.
(36) “Disabled Vehicles.” See Ohio R.C. 4513.60.
(37) “Dish Antenna” means an outside accessory antenna that is linked to a receiver located on the same lot and used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and TV.
(38) “District” means a part of the Village wherein regulations of the Zoning Ordinance are uniform.
(39) “Drive-In Commercial Uses” means 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.
(40) “Dwelling” means any building or portion thereof, which is designed for or used for residential purposes.
(41) “Dwelling, Single Family” means a building designed for or occupied exclusively by one (1) family.
(42) “Dwelling Structure, Height of” means the vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or the mean height level between the eaves and ridge of a gable, hip or gambrel.
(43) “Dwelling, Two-Family” means a building designed for or occupied exclusively by two (2) families.
(44) “Dwelling, Multiple” means a building used or designed as a residence for three (3) or more families living independently of each other and doing their own cooking therein, including apartment houses, apartment hotels, flats and group houses.
(45) “Entertainment Facilities” means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, bowling alleys, roller skating rinks, miniature golf, golf driving ranges, commercial swimming pools, carnivals and related uses.
(46) “Essential Services” means 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, including poles, wires, mains, drains, sewers, pipes, conduits, cables, traffic signals, hydrants, and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than structures for the purpose of housing the essential services named herein.
(47) “Family” means 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.
(48) “Fence” means a structure for enclosure or screening. Permit required to install, replace, or relocate.
(49) “Flood” means a general and temporary condition of partial or complete inundation of normally dry land areas.
(50) “Flood, One-Hundred Year” means the flood having a one percent chance of being equaled or exceeded in any given year. On the average the flood occurs once in 100 years, although it may occur in any given year.
(51) “Flood Plain” means the area adjoining a watercourse which may be inundated during a flood.
(52) “Floor Space” means the total number of square feet of floor area within the outside line of walls and includes the total of all space on all floors of a building, but not including porches, garages or space in a basement or cellar when the basement or cellar space is used only for storage or incidental uses.
(53) “Frontage” means all the property on one side of a street between two (2) intersection streets (crossing or terminating) measured at the setback building line, or if the street is a dead end, then all of the property abutting on one (1) side between an intersecting street and the dead end of the street.
(54) “Garage, Private” means an accessory building designed or used for the storage of motor driven vehicles and used by the occupants of the building to which it is accessory. Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.
(55) “Garage, Public” means 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.
(56) “Gasoline Station, Service Station” means 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.
(57) “Highway, Major” means a street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(58) “Home occupation” means any occupation or activity carried on by a member of the immediate family, residing on the premises; provided there is no commodity sold on the premises and no mechanical equipment is used except of a type that is similar in character to that normally used for purely domestic or household purposes; and provided that no display will indicate from the exterior that the building or land is being utilized in part for any purpose other than that of the dwelling. Home occupation shall also include the use of premises by a physician, surgeon, dentist, lawyer, clergyman or other professional person for consultation or emergency treatment but not for the general practice of his profession.
(59) “Hotel” means a building in which lodging or boarding and lodging 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, a lodging house or an apartment house, which are herein separately defined.
(60) “Institution” means a building occupied by a non-profit corporation or a non-profit establishment for public use.
(61) “Junk Vehicles.” See Ohio R.C. 4513.60.
(62) “Junk Yard” means a lot where re-saleable junk, salvage, and recyclable materials are stored, processed or sold.
(63) “Landscaped Area” means an area that is permanently devoted and maintained to the growing of shrubbery, grass, or other plant material.
(64) “Law Director” means the Solicitor of the Municipality.
(65) “Loading Space” means a space within the main building on the same lot therewith, providing for the standing, loading, or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and a vertical clearance of at least fourteen (14) feet.
(66) “Lot” means a parcel of land occupied or intended for occupancy by a use permitted in this Ordinance, including one (1) main building, together with its accessory building, the open spaces and parking spaces required by this Ordinance, 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.
(67) “Lot, Corner” means a lot abutting upon two or more streets at their intersections.
(68) “Lot Coverage” means the ratio of the ground floor area of all buildings or structures on a lot to the horizontally projected area of the lot, expressed as a percentage.
(69) “Lot Line” means a line bounding a plot of land or ground as established by a plat of record.
(70) “Lot Measurements.” A lot shall be measured as follows:
A. Depth. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. Width. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(71) “Lot of Record” means any lot which individually or as a part of subdivision has been recorded in the office of the Recorder or Auditor of the County.
(72) “Lot, Minimum Area of” means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(73) “Lot, Width” means the width of a lot at the building setback line measured at right angles to its depth.
(74) “Manufacturing”:
A. General. Any manufacturing or industrial process including food processing which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, noise, vibration, radiation, cinders, gas fumes, dust, smoke, refuse matter or water carried waste. Any manufacturing or industrial processes permitted in an "M-2" district shall comply with the performance requirements of Section 1135.01
.
B. Restricted. Any manufacturing or industrial processing, which by the nature of the materials, equipment and processes utilized are to a considerable measure clean, quiet and free of any objectionable or hazardous element. Restricted industrial uses shall comply with the performance requirements specified in Chapter 1135 and shall include the industrial uses listed below and any other uses which are determined by the Board to be of the same general character: drugs, jewelry, musical instruments, 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.
(75) “Mobile Home-Trailer Coach” means any vehicle or similar portable structure having no foundation other than wheels, jacks or skirting and so designed or constructed as to permit occupancy for dwelling or sleeping purposes. A mobile home, which does not have a flush toilet and bath or shower, is referred to as a "dependent" mobile home.
(76) “Mobile Home Park” means an area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner.
(77) “More Restrictive”, in reference to a nonconforming use, means the changing of a use to more nearly conform to the permitted use, thus increasing the requirements such as side yards etc., or generally increasing compatibility of a nonconforming use to the requirements of the district in which it is located.
(78) “Motor Court or Motel” means a building or group of buildings used for the temporary residence of motorists or travelers.
(79) “Municipality” means the Village of West Jefferson.
(80) “Non-Commercial Recreational Facility” means private and semipublic recreational facilities, which are not operated for a profit.
(81) “Nonconforming Use” means use of land or a building, or portion thereof, which does not conform to the use regulation (Chapter 1119) of the district in which it is situated.
(82) “Off-Street Parking Space” means any parking space located wholly off any street, alley or sidewalk, whether in an enclosed building or on an open lot and where each parking space has an area of not less than one hundred sixty (160) square feet exclusive of access drives or aisles.
(83) “Opaqueness” means the degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface.
(84) “Open Spaces” mean an area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, or any other recreational facilities that the Commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.
(85) “Parcel” or “Parcel of land” means a contiguous quantity of land, in the possession of, owned by, or recorded as the property of the same claimant or person.
(86) “Park Fees” means a fee payable by the owner of each new subdivision as a prerequisite to the approval of the final plat.
(87) “Personal Services” means any enterprise conducted for gain, which primarily offers services to the general public such as shoe repair, valet service, watch repairing, barbershops, beauty parlors and similar activities.
(88) “Planning and Zoning Commission” means the Planning and Zoning Commission of the Municipality.
(89) “Plant Cultivation” means the cultivation of crops, horticulture, floriculture, viticulture including fruit trees, nursery stock, truck garden products and similar plant materials.
(90) “Premises” means a lot together with all buildings and structures thereon.
(91) “Professional Activities” means the use of offices and related spaces for such professional services as are provided by doctors, dentists, lawyers, architects and engineers.
(92) “Public Uses” means public parks, schools and administrative, cultural and service buildings, not including public land or building, devoted solely to the storage and maintenance of equipment and material.
(93) “Recreational Facilities” means country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools.
(94) “Recreational Vehicles” means motorized homes, travel trailers, pick-up campers, folding tent trailers, boats and boat trailers, and utility trailers used for recreational and vacation purposes and defined as follows:
A. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
B. “Travel trailer” means 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.
C. “Pick-up camper” means a structure designed primarily to be mounted on a pick-up truck chassis with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation, or vacation uses.
D. “Folding tent trailer” means a portable canvas, metal, or plastic folding structure mounted on wheels and designed for travel and vacation uses.
E. “Boat or boat trailers” means boats, floats, and rafts including equipment for their transport on the highway.
F. “Utility trailer” means a trailer, not exceeding sixteen feet in length, for the purpose of hauling recreational goods and equipment.
(95) “Residential Floor Area” means the interior floor area of a dwelling including stairways, halls and closets but not including basements, porches, garages, breezeways or carports.
(96) “Retail Business” means any business normally found in a local or central business district. To sell directly to the ultimate consumer.
(97) “Right-of-Way Line” means the dividing line between a street right of way and the contiguous property.
(98) “Semipublic Uses” means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature.
(99) “Sewage Disposal System Combined” means an approved system, which provides for the combined collection and disposal of residential, commercial and/or industrial sewage.
(100) “Sewage Disposal System, Individual” means an on-site system, which provides for the individual collection and disposal of sewage.
(101) “Sign, Advertising” means a sign which directs attention to a business, commodity or service or entertainment conducted, sold or offered elsewhere than on the premises and only incidentally on the premises, if at all.
(102) “Sign, Business” means a sign, which directs attention to the business or profession conducted on the premises.
(103) “Social Activities” means any building and land used for private or semiprivate club activities, including lodges, fraternities and similar activities.
(104) “Solicitor” means the solicitor of the Municipality, Law Director.
(105) “Specialized Animal Raising and Care” means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; the stabling and care of horses; animal kennels; pigeon raising and the raising of any other domestic animals or birds of a similar nature.
(106) “Story” means that portion of a building, other than a cellar included between the surface of any floor and the surface of the floor next above it or, if there be no floor above it, then the space between the ceiling next above it.
(107) “Street” means a public way which affords the principal means of access to abutting property.
(108) “Street Line” or “Right-of-Way Line” means a dividing line between a lot, tract, or parcel of land and a contiguous street.
(109) “Structure” means anything constructed, erected or placed on or in the ground, or attached to something having a fixed location on or in the ground. Including, but not limited to, any building, mobile home, walls, fences, decks, porches and swimming pools above or in ground.
(110) “Structure, principal” means a structure in which is conducted the principal use of the lot on which it is situated.
(111) “Structural alterations” means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.
(112) “Tents and Other Portable Structures.” A special permit may be required if use period exceeds fifteen (15) days.
(113) “Tourist Home/Bed and Breakfast” means a building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests.
(114) “Unit Assessment Fee” means a fee applicable to undeveloped land within the Village of West Jefferson to help offset expenses required to accommodate future development. (Undeveloped land being land without water or sewer taps.) Unit Assessment fees apply to Residential subdivisions, being each dwelling (living quarters) or unit of each commercial building and/or industrial building on a plat of land. This assessment shall apply to all undeveloped lands or lots which are included in any plat which is submitted for approval by the Council. No building permit shall be issued to a subdivider or developer until the correct amount of this assessment has been paid.
(115) “Use” means the specific purpose for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.
(116) “Variance” means a modification of the strict terms of the relevant regulations where such modification will not be contrary to public interest and where owing to conditions peculiar to the property, (not the result of the action of the applicant) and a literal enforcement of the regulations would result in unnecessary and undue hardship.
(117) “Wholesale Business” means a business that sells in quantity for resale by a retail or wholesale merchant.
(118) “Yard” means an open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
(119) “Yard, Front” means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building or any projections thereof, other than the projections of the usual uncovered steps, uncovered balconies, or uncovered porches. On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.
(120) “Yard, Rear” means 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 projections thereof, other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
(121) “Yard, Side” means 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 the side lot line and the side of the main building or any projections thereto.
(122) “Zoning Certificate” means the document issued by the Zoning and Code Enforcement Inspector authorizing the use of land or buildings.
(123) “Zoning District” means any section of the Municipality in which zoning regulations are uniform.
(124) “Zoning District Map” means the zoning district map or maps of the Municipality together with all amendments subsequently adopted.
(125) “Zoning Inspector” means the official charged with the administration and enforcement of the Zoning Ordinance.
(126) “Zoning Ordinance” means Ordinance 03-022, passed April 21, 2003, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code.
(Ord. 22-089. Passed 12-5-22.)