In the construction of this Zoning Ordinance the rules and definitions contained in this chapter shall be observed and applied, except when the context clearly indicates otherwise. In further amplification and for clarity of interpretation of the context, the following definitions of word use shall apply:
(a) Words used in the present tense shall include the future; and words used in the singular number shall include the plural number, and the plural the singular.
(b) The word "shall" is mandatory and not discretionary.
(c) The word "may" is permissive.
(d) The word "lot" shall include the words "piece," "parcel," and "plots;" the word "building" includes all other structures of every kind regardless of similarity to buildings; and the phrase "used for" shall include the phrases "arranged for," "designed for," "intended for," "maintained for," and "occupied for."
(e) All "measured distances" shall be to the nearest "integral foot." If a fraction is less than one-half foot, the "integral foot" next below shall be taken.
ACCESSORY BUILDING OR USE is a building or use which is:
(a) Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Ordinance;
(b) Clearly incidental to, subordinate in purpose to, and serves the principal use; and
(c) Either in the same ownership as the principal use or is clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.
ADVERTISING DEVICE is any advertising sign, billboard, statuary or poster panel which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed; but does not include those advertising signs, billboards, or poster panels which direct attention to the business on the premises or to a brand name of a product or commodity with which the business is specifically identified and which is sold on the premises.
AGRICULTURE is the use of any part of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry hus bandry, and the necessary accessory uses for packing, treating, or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
AIRPORT is any area of land or water which is used or intended for use for the landing and taking off of aircraft, and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open space.
ALLEY is a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street.
APARTMENT HOTEL is a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.
AUTO LAUNDRY is a building, or portion thereof, containing facilities for washing more than two (2) automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices; or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer.
BASEMENT is that portion of a building which is partly underground, but has at least one-half of its interior clear height above the average lot grade.
BILLBOARD is an advertising device for lease or rent promoting products or services available or not available at the location of the billboard.
BLOCK is a tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shore lines of waterways, or municipal boundary lines.
BOARD OF ZONING APPEALS is the Board of Zoning Appeals discussed under Chapter 1137, also called Board.
BUILDING is any structure built, used, designed, or intended for the support, shelter, protection, or enclosure of persons, animals, chattels or property of any kind, and which is permanently affixed to the land. When a building is divided into separate parts by unpierced fire or party walls extending continuously from the ground through all stories to and above the roof, each part will be deemed a separate building.
BUILDING, DETACHED is a building surrounded by an open space on the same lot.
BUILDING HEIGHT is the vertical distance from the curb level, or its equivalent, opposite the center of the front of a building to the highest point of the under side of the ceiling beams, in the case of a flat roof; to the deck line of a mansard roof; and to the mean level of the underside of the rafters between the eaves and the ridge of a gable, hip, or gambrel roof. Where no curb level has been established, the height of a building may be measured from the mean elevation of the finished lot grade at the front of the building.
BULK OR BUILDING BULK is the term used to indicate the size and setbacks of buildings or structures and the location of same with respect to one another, and includes the following: a. size and height of buildings; b. locations of exterior walls at all levels in relation to lot lines, streets, and other buildings; c. gross floor area of buildings in relation to lot area (floor area ratio) d. all open spaces allocated to buildings; and e. amount of lot area provided per dwelling unit.
CAPACITY IN PERSONS of an establishment or use is the maximum number of persons that can avail themselves of the services (or goods) of such establishment, at any one time, with reasonable safety and comfort, as determined in the Building Code or as may be determined by the Enforcing Officer.
CELLAR is that portion of a building partly underground and having more than one-half of its interior clear height below the average lot grade.
CENTRAL SEWAGE DISPOSAL SYSTEM is a community sewer system including collection and treatment facilities established by the developer to serve a new subdivision in an outlying area.
CENTRAL WATER SYSTEM is a private water company founded by the developer to serve a new community development in an outlying area. It includes water treatment and distribution facilities.
CLINIC, MEDICAL OR DENTAL is an organization of specializing physicians or dentists, or both, who have their offices in a common building. A clinic shall not include in-patient care.
CLUB OR LODGE, PRIVATE (NOT FOR PROFIT) is a not for profit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests. The affairs and management of such "private club or lodge" are conducted by a board of directors, executive committee, or similar body chosen by the members.
DENSITY is a unit of measure and means the number of dwelling units per acre of land.
DWELLING, MULTIPLE-FAMILY is a building, or portion thereof, containing three (3) or more dwelling units.
EFFICIENCY UNIT is a dwelling unit consisting of one principal room exclusive of bathroom, kitchen, hallway, closets, or dining alcove directly off the principal room, providing such dining alcove does not exceed 125 square feet in area.
ENFORCING OFFICER is the officer and assistants designated by the legislative body of any political jurisdiction as the officer responsible for enforcing and administering all requirements of the Zoning Ordinance.
ESTABLISHMENT, BUSINESS is a place of business carrying on operations, the ownership and management of which are separate and distinct from those of any other place of business located on the same zoning lot.
FAMILY consists of one or more persons each related to the other by blood, marriage, or adoption, who are living together in a single dwelling and maintaining a common household. A "family" includes any domestic servants and not more than one gratuitous guest residing with said "family".
FLOOR AREA (For determining floor area ratio) is the sum of the gross horizontal areas of the several floors of the building measured from the exterior faces of the exterior walls or from the center line of walls, basement floor area, elevator shafts and stairwells at each floor, floor space used for mechanical equipment (except equipment, open or enclosed, located on the roof), interior balconies and mezzanines enclosed porches, and floor area devoted to accessory uses. However, any space devoted to off-street parking or loading shall not be included in "floor area."
FLOOR AREA (For determining off-street parking and loading requirements) shall mean the sum of the gross horizontal areas the several floors of the building, or portion thereof, devoted to such use, including accessory storage areas located within selling or working space such as counters, racks, or closets, and any basement floor area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
However, "floor area" for the purposes of measurement for off-street parking spaces shall not include: floor area devoted primarily to storage purposes (except as otherwise noted herein); floor area devoted to off-street parking or loading facilities, including aisles, ramps, and maneuvering space; or basement floor area other than area devoted to retailing activities, to the production or processing of goods, or to business or professional offices.
FLOOR AREA RATIO (F.A.R.) is the floor area of the building or buildings on a zoning lot divided by the area of such zoning lot, or, in the case of planned developments, by the net site area. The "floor area ratio" requirements--as set forth under each zoning district--shall determine the maximum floor area allowable for the building or buildings (total floor area of both principal and accessory buildings) in direct ratio to the gross area of the zoning lot.
FREQUENCY signifies the number of oscillations per second in a sound wave and is an index of the pitch of the resulting sound.
FRONTAGE is the length of all the property fronting on one side of a street between the two nearest intersecting streets, measured along the line of the street, or if dead ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.
FRONTAGE, ZONING LOT is the length of all the property of such zoning lot fronting on a street, measured between side lot lines.
GRADE is the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
GROSS DENSITY is the number of dwelling units per acre of the total land within the boundaries of the area concerned.
GUEST HOUSE is a detached accessory building located on the same zoning lot as the principal building and containing living quarters for temporary guests; such quarters shall not be rented.
GUEST, PERMANENT is a person who occupies or has the right to occupy a hotel or apartment hotel accommodation as his domicile and place of permanent residence.
HOME OCCUPATION is any occupation or profession carried on by a member of the immediate family residing on the premises, in connection with which there is used no sign or display that will indicate from the exterior that the building is being utilized in whole or in part for any purpose other than that of a dwelling, there is no commodity sold upon the premises; no person is employed other than a member of the immediate family residing on the premises; and no mechanical or electrical equipment is used except such as is permissible for purely domestic or household purposes. A professional person may use his residence for infrequent consultation, emergency treatment, or performance of religious rites, but not for the general practice of his profession. No accessory building shall be used for such home occupation.
HOTEL is an establishment which is open to transient guests, in contradistinction to a boarding, rooming, or lodging house, and is commonly known as a hotel in the community in which it is located; and which provides customary hotel services such as maid service, the furnishing and laundering of linen, telephone and secretarial or desk service, the use and upkeep of furniture, and bellboy service.
INCOMPATIBLE USE is a use or service which is unsuitable for direct association with certain other uses because it is contradictory, incongruous, or discordant.
INDUSTRIAL PARK is a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries, providing them with all necessary facilities and services in attractive surroundings among compatible neighbors. Industrial parks may be promoted or sponsored by private developers, community organizations, or government organizations.
JUNK YARD is an open area where waste or scrap materials are bought, sold, exchanged, stored, baled, packed, disassembled, or handled, including, but not limited to, scrap iron and other metals, paper, rags, rubber tires, and bottles. A "junk yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.
LEGISLATIVE BODY is the Council of the Village of Wintersville
LIMITED ACCESS HIGHWAY is a trafficway, including toll roads,
for through traffic, in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same, except at such points only and in such manner as may be determined by the public authority having jurisdiction over such trafficway.
LODGING HOUSE (including BOARDING and ROOMING HOUSE) is a residential building, or portion thereof--other than a motel, apartment hotel, or hotel--containing lodging rooms which accommodate persons who are not members of the keeper's family. Lodging or meals or both are provided for compensation on a weekly or monthly basis.
LODGING ROOM is a room rented as sleeping and living quarters, but without cooking facilities and with or without an individual bathroom. In a suite of rooms without cooking facilities, each room which provides sleeping accommodations shall be counted as one "lodging room" for the purposes of this Ordinance.
LOT is a parcel of land which is either a "lot of record" or a "zoning lot."
LOT OF RECORD is a lot which is part of a subdivision, the plat of which has been recorded in the appropriate office of record of the county; or a parcel of land, the deed to which was recorded in said office of record prior to the adoption of this Ordinance.
LOT, ZONING is a single tract of land located within a single block, which (at the time of filing for a building permit) is designated by its owner or developer as a tract to be used, developed, or built upon as a unit, under single ownership or control. Therefore, a "zoning lot or lots" may or may not coincide with a lot of record.
LOT, CORNER is a lot situated at the intersection of two streets, the interior angle of such intersection not exceeding 135 degrees.
LOT, REVERSED CORNER is a corner lot the street side lot line of which is substantially a continuation of the front lot line of the first lot to its rear.
LOT, INTERIOR is a lot other than a corner or reversed corner lot.
LOT, THROUGH is a lot having a pair of opposite lot lines along two more or less parallel public streets, and which is not a corner lot. On a "through lot" both street lines shall be deemed front lot lines.
LOT AREA, GROSS is the area of a horizontal plane bounded by the front, side, and rear lot lines, but not including any area occupied by the waters of a duly recorded lake or river.
LOT DEPTH is the mean horizontal distance between the front lot line and the rear lot line of a lot, measured within the lot boundaries.
LOT WIDTH is the horizontal distance between the side lot line of a lot, measured at the narrowest width within the first 30 feet of lot depth immediately in back of the front yard setback line.
LOT LINE, FRONT shall be that boundary of a lot which is along an existing or dedicated public street, or where no public street exists, is along a public way. The owner of a corner lot may select either lot line as the front lot line.
LOT LINE, REAR shall be that boundary of a lot which is most distant from, and is, or most nearly, parallel to, the front lot line.
LOT LINE, SIDE shall be any boundary of a lot which is not a front lot line or a rear lot line.
MEZZANINE is an intermediate story between the floor and ceiling of a main story and extending over only part of the main floor.
MOBILE HOME is any vehicle manufactured as a single family dwelling comprised of one or more units, excluding recreational vehicles, which has been designed and manufactured for transportation on the public streets and highways on it's own wheels, arriving at the site ready for occupancy as a dwelling except for normal unpacking, assembly operations and connections to utilities. This definition shall not include a modular home or an industrialized unit as defined in section 3781.10 of the Ohio Revised Code.
MOBILE HOME PAD is any portion of a mobile home site that is designed, constructed, and improved in such a manner as to provide a base upon which a mobile home shall rest, and which also serves as a base upon which blocks or other materials are placed to assist in leveling the floor of the mobile home and provide a temporary type of foundation.
MOBILE HOME PARK is one or more contiguous parcels of land under a single management which have been designed and developed in such a manner as to provide individual mobile home sites for one or more mobile homes. The term mobile home park shall mean the same as trailer park, trailer court, or trailer camp.
MOBILE HOME SITE is an area of land within a mobile home park that is designed and developed in such a manner as to provide a location for one (1) mobile home.
MODULAR HOME is a structure comprised of one (1) or mere self sufficient units, except site preparations, transported on a vehicle from the place of manufacture to a site where it is to be occupied as a dwelling. This definition shall not include a mobile home.
MOTEL is an establishment consisting of a group of attached or detached living or sleeping accommodations with bathroom and closet space, located on a single zoning lot and designed for use by transient automobile tourists. A "motel" furnishes customary hotel service such as maid service and laundering of linen, telephone and secretarial or desk service, and the use and upkeep of furniture. In a "motel", less than 50 percent of the living and sleeping accommodations are occupied or designed for occupancy by persons other than transient automobile tourists.
MOTOR VEHICLE is any passenger vehicle, truck, truck-trailer, trailer or semi-trailer propelled or drawn by mechanical power.
NET DENSITY is the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use.
NONCONFORMING BUILDING OR STRUCTURE is any building or structure which:
(a) Does not comply with all of the regulations of this Zoning Ordinance or of any amendment hereto governing bulk for the zoning district in which such building or structure is located; or
(b) Is designed for a nonconforming use.
NONCONFORMING USE is any use of land, buildings, or structures, lawful at the time of the enactment of this ordinance, which does not comply with all of the regulations of this Ordinance or of which such use is located.
NURSERY-CHILD CARE CENTER is any establishment which provides supplemental parental care and supervision, and/or educational instruction to two (2) or more children during the whole or any portion of the day.
OCTAVE BAND is a means of dividing the range of sound frequencies into octaves in order to classify sound according to pitch.
ODOROUS MATTER is any matter or material that yields an odor which is offensive in any way.
PARTICULATE MATTER is dust, smoke, or any other form of airborne pollution in the form of minute separate particles.
PLANNED DEVELOPMENT is a tract of land developed under single ownership or unified control; the development of which is unique and of a substantially different character than that of surrounding areas. A planned development allows for flexibility not available under normal district requirements.
PLANNING COMMISSION is that planning or zoning commission (of the Village of Wintersville) authorized to consider planning and/or zoning matters and make recommendations to the legislative body.
PROPERTY LINES are the lines bounding a zoning lot, as defined herein.
PUBLIC WAY is any sidewalk, street, alley, highway, or other public throughway.
RECREATIONAL VEHICLE is a vehicle manufactured or modified to contain temporary living quarters for travel, recreation, or vacation purposes. This definition shall include but is not necessarily limited to campers, travel trailers, truck campers, and motor homes.
RESERVOIR PARKING facilities are those off-street parking spaces allocated to automobiles awaiting entrance to a particular establishment.
REST HOME, NURSING HOME, OR CONVALESCENT HOME is a private home for the care of children, adults, or the aged or infirm, or a place of rest for those suffering bodily disorders. Such home does not contain equipment for surgical care or for the treatment of disease or injury.
RINGELMANN CHART is the chart which is described in the U.S. Bureau of Mines Information Circular 8333, and on which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke and smoke density.
RINGELMANN NUMBER is the number of the area on the Ringelmann Chart that coincides most nearly with the visual density of emission or the light-obscuring capacity of the smoke.
ROADSIDE STAND is a structure for the display and sale of agricultural products, with no space for customers within the structure itself.
ROADWAY is a privately owned and maintained strip of land designed, improved, and intended to be used for vehicular traffic.
SETBACK is the minimum horizontal distance between the front line of a building or structure and the front property line.
SEWAGE DISPOSAL SYSTEM, INDIVIDUAL, is a septic tank seepage tile sewage disposal system or any other sewage treatment device approved by the appropriate health offices as being in accordance with the rules of the State Health Authority, and the Jefferson County General Health District and servicing only one lot.
SIGN is a name, identification, description, display, or illustration which is affixed to, or represented directly or indirectly upon, a building, structure, or piece of land, and which directs attention to an object, product, place, activity, person, institution, organization, or business. However, a "sign" shall not include any display of official court or public office notices nor shall it include the flag, emblem, or insignia of a nation, political unit, school, or religious group. A "sign" shall not include a sign located completely within an enclosed building unless the context shall so indicate.
SIGN, ADVERTISING is a sign which directs attention to a business, commodity, service, or entertainment not exclusively related to the premises where such sign is located or to which it is affixed.
SIGN, BUSINESS is a sign which directs attention to a business or profession conducted, or to a commodity, service, or entertainment sold or offered, upon the premises where such sign is located or to which it is affixed.
SIGN, FLASHING is any illuminated sign on which the artificial light is not maintained stationary or constant in intensity and color at all times when such sign is in use. For the purpose of this ordinance any moving, illuminated sign shall be considered a "flashing sign."
SIGN--GROSS AREA OF shall be the entire area within a single continuous perimeter enclosing the extreme limits of such sign and in no case passing through or between any adjacent elements of same. However, such perimeter shall not include any structural elements lying outside the limits of such sign and not forming an integral part of the display.
STORY is that part of a building between any floor and the floor next above and if there be no floor above, then the ceiling above. A basement is a story if its ceiling is five (5) feet or more above the level from which the height of the building is measured, or if it is used for business purposes, or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
STREET is a public or private right-of-way which affords a primary means of vehicular access to abutting property, whether designated as a street, avenue, highway, road, boulevard, lane, throughway, or however otherwise designated, but does not include driveways to buildings.
STRUCTURAL ALTERATION is any change, other than incidental repairs, which would prolong the life of the supporting members of a building, such as the addition, removal, or alteration of bearing walls, columns, beams, girders, or foundations.
STRUCTURE is anything which is constructed or erected which requires permanent location on the ground or attachment to something having permanent location on the ground.
TENT is any temporary structure or enclosure, the roof of which and/or one-half or more of the sides, are constructed of silk, cotton, canvas, fabric, or a similar pliable material.
USE of property is the purpose or activity for which the land or building thereon is designed, arranged or intended, or for which it is occupied or maintained.
USE, PRINCIPAL is the main use of land or buildings as distinguished from a subordinate or accessory use. A "principal use" may be "permitted" or "conditional."
USE, CONDITIONAL is a use--either public or private--which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts. After due consideration, in each case, of the impact of such use upon neighboring land and of the public need for the particular use at the particular location, such "conditional use" may or may not be granted, subject to the terms of this Ordinance.
VIBRATION is the periodic displacement, measured in inches, of earth.
YARD is an open space on the same zoning lot with a building or structure unoccupied and unobstructed from its lowest level to the sky, except as otherwise permitted in Article IV. A "yard" extends along a lot line, and to a depth or width specified in the yard requirements for the zoning district in which such zoning lot is located.
YARD, FRONT is a yard extending along the full length of the front lot line between the side lot lines.
YARD, REAR is a yard extending along the full length of the rear lot line between the side lot lines.
YARD, SIDE is a yard extending along a side lot line from the front yard to the rear yard.
YARD, CORNER SIDE is a side yard which adjoins a public street.
YARD, INTERIOR SIDE is a side yard which is located immediately adjacent to another zoning lot or to an alley separating such side yard from another zoning lot.
YARD, TRANSITIONAL is that yard which must be provided on a zoning lot in a Business District which adjoins a zoning lot in a Residence District, or that yard which must be provided on a zoning lot in an Industrial District which adjoins a zoning lot in either a Residence or Business District.
ZONING ORDINANCE or "this ordinance" as used in Titles Five to Nine of this Part Eleven - Planning and Zoning Code, means Ordinance 1994-44, passed October 17, 1994, as amended.