Alliance City Zoning Code
CHAPTER 1190
Definitions
1190.01 GENERAL TERMS.
For the purpose of this chapter certain terms and words are herewith defined. When not inconsistent with the context, words used in the singular shall include the plural, the plural shall include the singular, and the present tense shall include the future.
1190.02 SPECIFIC TERMS.
Accessory building. See “Building, Accessory”.
Accessory use. See “Use, Accessory”.
Administrative Official. The Mayor or a designee thereof.
Adult Family Homes. As defined in ORC Sec. 3722.01, as now existing or hereafter amended.
Adult Group Homes. As defined in ORC Sec. 3722.01, as now existing or hereafter amended.
Alley. A public thoroughfare or way, providing only a secondary means of access to abutting premises, generally located at the rear of the land.
Alteration (or Repair). Any changes in structural parts, stairway, type of construction, type, class or kind of occupancy, light or ventilation, means of ingress and egress, or other changes affecting or regulated by the Building Code, this Ordinance or other applicable regulations of the City, including but not limited to any change or rearrangement in the structural parts or in the existing facilities, or an enlargement, whether by extending on a side or by increasing in height; or in the moving from one location or position to another.
Basement. That portion of a building partly below grade, but so located that the vertical distance from grade to the floor is greater than the vertical distance from the grade to the ceiling; provided, however, that if the vertical distance from the grade to the ceiling is five feet or more, such basement shall be counted as a story.
Benefit, Recognizable and Substantial. A clear benefit, both to the ultimate users of the property in question and to the community development and use(s) including, without limitation: long-term protection and/or preservation of natural resources and natural features and/or historical and/or architectural features of a significant quantity and/or quality in need of protection or preservation on a local, state and/or national basis; and reducing to a significant extent the nonconformity of a nonconforming use or structure (i.e., modification of a nonconforming use or structure so that, to a significant extent, it is rendered more conforming, or less offensive, to the zoning district in which it is situated).
Bio-Retention Basin (Storm Water Wetland). A constructed system that is explicitly designed to mitigate the impacts of storm water quality and quantity that occur during the process of urbanization. It does so by temporarily storing storm water runoff in shallow pools that create growing conditions suitable for emergent and riparian wetland plants. The runoff storage, complex microtopography and emergent plants in the basin together form an ideal matrix for the removal of urban pollutants.
Bio-Retention Basins usually fall into one of the five basic design, listed below:
Shallow Marsh Basin
Pond/Wetland Basin
Extended Detention Basin
Pocket Wetland Basin
Fringe Wetlands
Block. An area including the property having frontage on one side of a street and lying between the two nearest intersecting or intercepting streets, or nearest intersecting or intercepting street and railroad right-of-way. In case of a cul-de-sac street, a block shall include the property on one side of the street lying between the one intersecting street and the extension of the centerline of the cul-de-sac street through the property facing the turnaround at the closed end of the street.
Board. The Board of Zoning Appeals of the City.
Boarding or Rooming House. Any dwelling occupied in any such manner that certain rooms in excess of those used by members of the family and occupied as a home or family unit, are leased or rented to persons outside or the family, without any attempt to provide therein or therewith cooking or kitchen accommodations for individuals leasing or renting rooms.
Buildable Area. For a planned development, the gross lot area minus the areas occupied by all existing street rights-of-way, easements, wetlands, and water bodies.
Building. A structure, with or without a roof, supported by columns or walls for shelter, support or enclosure of persons, animals or chattels. When any portion thereof is completely separated from every other part thereof by division walls from the ground up, and without openings, each portion of such building shall be deemed a separate building.
Building, Accessory. A building on the same lot with the main building or part of the main building subordinate or accessory to and occupied by or devoted exclusively to an accessory or subordinate use to the principal building.
Building Code. The Building Code of the City.
Building Height. The vertical distance from the established grade of the center of the front of the building to the highest point of the roof surface of a flat roof, to the deck line for a mansard roof, and to the mean height level between the eaves and ridge for hip, gabled, and gambrel roofs.
Building Line. The front line of the principal building or legally established line which determines the location of the building with respect to the street line or lot line.
Carport. An accessory structure attached to a principal building, having a roof with one or more open sides and for the prime purpose of sheltering motor vehicles.
Child Day-Care Center. As defined in ORC Sec. 5104.01, as now existing or hereafter amended.
City. The City of Alliance, Ohio.
Clinic. A clinic, public or proprietary institution providing diagnostic, therapeutic or preventive treatment of ambulatory patients by a group of doctors acting conjointly and in the same building for the purpose aforesaid.
Code, Building. See “Building Code”.
Code of Ordinances. The Code of Ordinances of the City.
Commission. The Planning Commission of the City.
Common Open Space. Real estate preserved for passive or, active purposes which is void of nonrecreational structures and is under common, ownership for the use and enjoyment of a community of individuals.
Community Impact Statement. An assessment of the developmental, ecological, social, economic, and physical impacts of a project on the natural environment and physical improvements on and surrounding the development site. Information required for compliance with other ordinances shall not be required to be duplicated in the community impact statement.
Comprehensive Land Use Plan. The Comprehensive Land Use Plan of the City.
Council. The Council of the City.
County. The Counties of Stark and Mahoning, Ohio.
Deck. A structure, either freestanding, attached to or abutting a building, with no roof or walls, except for visual partitions and railings, which is constructed on piers or a foundation above-grade.
Design Year. The frequency with which a storm of specific intensity and duration will be experienced over an infinite period of time. Therefore, it signifies the probability of a storm with a specific intensity occurring within one year.
Probability = 1/Design Year
Example: 1/25 year = 4 percent probability of occurring every year.
Typical design year events are the 1, 2, 5, 10, 25, 50 and 100-year storms.
Detention Basin. A storm water facility whose purpose is to detain storm water from a specific drainage area prior to discharging to a downstream channel. For the purpose of these requirements a detention basin will be considered to be “dry” prior to a rain event.
Domestic help. Those persons hired by the householder for the purpose of providing domestic services and maintenance of the household.
Drainage Outlet. Any location where storm water runoff leaves the proposed development site. The outlet typically is a ditch, stream, storm sewer or approved basin.
Dwelling. Any house or building or portion thereof which is occupied wholly as the home, residence or sleeping place of one or more human beings, either permanently or transiently. In case of mixed occupancy where a building is occupied in part as a dwelling, the part so occupied shall be deemed a dwelling for the purpose of this chapter and shall comply with the provisions thereof relative to dwellings. Garage space, whether in an attached or detached garage, shall not be deemed a part of a dwelling. Automobile trailers, similar portable dwellings, tourist cabins, and tents shall not be considered dwellings.
Dwelling, Apartment House. A dwelling for three or more families, living independently of each other and doing their cooking upon the premises. An efficiency apartment is a one-story building with all living units on the ground floor level and each living unit having its own outside entrance.
Dwelling, Efficiency Unit. A dwelling unit consisting of one room, exclusive of bathroom, kitchen, closets, and dining alcove directly off the principal room, providing not less than 350 square feet of floor area.
Dwelling, Multiple-family. A building used or intended to be used as a dwelling by three or more families, or as an apartment house.
Dwelling, Single-family. A dwelling so designed and arranged to provide sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by one family only, together with such domestic help as are necessary to service and maintain the premises and their occupants.
Dwelling, Two-family. A dwelling designed and arranged to provide sleeping, cooking, and kitchen accommodations, and toilet facilities for occupancy of two families only, together with such domestic help as are necessary to service and maintain the premises and their occupants.
Essential Services. The erection, construction, alteration or maintenance by public utilities or municipal departments or commissions of underground or overhead gas, electrical, communication, steam, or water transmission or distribution systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, towers, and other similar equipment and accessories in connection therewith (but not including buildings) reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions for the public health, safety, or general welfare.
Family. One or more persons related by blood, marriage or adoption to live together in one residence unit and maintain a common household; or not more than two persons not related by blood, marriage or adoption who live together in one dwelling unit and maintain a common household. For the purposes of the definition of “family”, the following persons shall not be considered to cause a violation of this Ordinance:
(a) Persons residing in a household who are the subject of pending adoption proceedings.
(b) Persons residing in a household due to placement by federal, state or local agencies or regulations.
(c) Foreign exchange students temporarily residing in a household pursuant to a recognized exchange program by the Alliance or Marlington Board of Education.
(d) A caregiver who is required to reside in a household for the primary purpose of providing medical or health related care to an occupant of the household.
Family Day-Care Home, Type A. As defined in ORC Sec. 5104.01, as now existing or hereafter amended.
Family Day-Care Home, Type B. As defined in ORC Sec. 5104.01, as now existing or hereafter amended.
Floodplain Regulations. The Floodplain Regulations of the City.
Floor, First. The floor of a building approximately at or at the first floor above the mean level of the established grade.
Floor Area.
(a) For single-family residential and two-family residential units, the sum of the horizontal areas of the one or more floors of a building measured from the exterior walls, exclusive of basements, unfinished rooms or attics, attached garages, breezeways, enclosed or unenclosed porches and utility rooms having three exterior walls.
(b) For multiple-family units, the area included between the outside face of the exterior walls, excluding basements, utility, or accessory rooms, common hallways, and common stairways.
(c) For other than residential purposes, the area enclosed between the outside face of the exterior walls of the building or structure, except as noted in Section 1150.03(d) for the purpose of calculating off-street parking requirements.
Floor Area, Liveable. The area of the first floor, the area of the floor next above and/or the area under a sloping roof having a minimum height of five feet when one-half of the area has a ceiling height of seven feet six inches.
Foster Homes. As defined in ORC Sec. 5103.02, as now existing or hereafter amended.
Garage, Community. A space or structure or series of structures for the storage of motor vehicles having no public shop or service therewith, for the use of two or more owners or occupants of property in the vicinity.
Garage, Private. A space or structure for the storage of not more than three motor vehicles, having no public shop or services in connection therewith for the use solely of the owner or occupant of the principal building on a lot for his family or domestic employees.
Garage, Public. A space or structure, other than a private or a community garage, for the storage, repair or refinishing of motor vehicles for a profit.
Gasoline Service Station. A building or structure designed or used for the retail sale or supply of fuels, lubricants, air, water, and other operating commodities for motor vehicles or boats and including the customary space and facilities for the installation of such commodities on or in such vehicles, and including space for facilities for storage, repair, or servicing thereof, but not including bumping, painting, or refinishing thereof.
Grade.
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of all walks adjoining the street.
(b) For buildings having walls adjoining more than one street, the average of the elevations of the sidewalk at the center of the walls adjoining the streets.
(c) For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
Greenbelt.
(a) For an eight foot wide greenbelt, a planting strip composed of deciduous trees, spaced not more than 40 feet apart, and not less than one row of shrubs spaced not more than five feet apart and which grow at least five feet or more in height after one full growing season, and which shall be planted and maintained in a healthy growing condition by the property owner or lessee.
(b) For a 20 foot greenbelt, a planting strip composed of two rows of deciduous and/or evergreen trees, spaced alternately not more than 40 feet apart, and not less than three rows of shrubs spaced at not more than eight feet apart and which grow at least five feet or more in height after one full growing season, which shrubs will eventually grow to a height of not less than 12 feet at maturity, and which shall be planted and maintained in a healthy growing condition by the property owner or lessee.
Hazardous Uses. All uses which involve the storage, sale, manufacture or processing of materials which are risky and combustible and are likely to burn with moderate rapidity and with a considerable volume of smoke, but from which neither poisonous fumes nor explosions are to be anticipated in the event of fire, and as listed by the Building Code.
Home Occupation. An accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, babysitting, tax consulting and the like shall involve not more than three receivers of such services at any one time, with the exception of certified or uncertified Type B Family Day-Care Homes, which constitute a residential use and not an accessory use.
Hospital. A building, structure, or institution in which sick or injured persons are given medical or surgical treatment and operating under license by the Health Department of the State.
Hotel. A building occupied as a more or less temporary abiding place for individuals who are lodged, with or without meals, in rooms occupied singly for hire, in which provision is not made for cooking on any individual plan and in which there are more than 10 sleeping rooms, a public dining room for the accommodation of at least 20 guests and a general kitchen.
Junk Vehicle. A vehicle meeting at least three of the following five requirements:
(a) Is three years old or older.
(b) Is extensively damaged. Such damage includes but is not limited to any of the following; a broken window or windshield, or missing wheels, tires, motor, or transmission, or any parts necessary for the operation of a motor vehicle.
(c) Is apparently inoperable.
(d) Is unlicensed.
(e) Having a fair market value of one thousand five hundred dollars or less.
Kennel. Any lot or premises on which three or more dogs are kept, or either permanently or temporarily boarded.
Landscaping. Trees, shrubs, vines, fences, walls, or earth berms, or some combination thereof, together with groundcover, lawns, mulch, or bedding materials.
Law Director. The City Law Director.
Lot. A piece or parcel of land occupied or to be occupied by a building and its accessory building, or by any other activity permitted thereon and including the open spaces required under this Ordinance. A lot may or may not be a lot of existing record.
Lot, Corner. A lot of which at least two adjacent sides abut for their full length upon a street.
Lot, Double Frontage. An interior lot having a street line for both front lot line and rear lot line.
Lot, Interior. A lot other than a corner lot.
Lot Coverage. The part or percentage of the lot occupied by buildings or structures, including accessory buildings or structures.
Lot Frontage. The distance between the side lot lines of a lot, as measured at the front lot line.
Lot Line, Front.
(a) In the case of a lot abutting upon one street, the line separating such lot from such street.
(b) In case of any other lot, one such line shall be elected to be the front lot line for the purpose of this Ordinance, provided it is so designated in the building plans filed for approval with the Administrative Official.
Lot Line, Rear. That boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than 10 feet long, lying most distant from the front lot line and wholly within the lot.
Lot Line, Side. Any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.
Lot of Record. A lot the dimensions of which are shown on a plat of record in the office of the register of deeds and which actually exists as so shown on the plat.
Lot Width. The distance between the side lot lines of a lot, as measured at the building line.
Major Flood Path. A system that conveys and temporarily stores runoff from rarer storms, such as the 25-through 100-year events. The major flood path is utilized whenever the capacity of the street gutters, storm sewers and inlets is exceeded. The major flood path components consist of the following:
Streets
Swales
Detention basins – multipurpose
Manmade channels - open and closed
Natural creeks, streams, and rivers
Mayor. The Mayor of the City.
Manufactured Home. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed after 1974 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. Mobile Homes, Recreational Vehicles, and Trailers are not considered Manufactured Homes for the purpose of this Resolution. See Manufactured Home Park, Permanently Sited Manufactured Home, Mobile Home, and Recreational Vehicles (See ORC Sec. 3733.01).
Manufactured Home Park. Any tract of land upon which three or more Manufactured 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. Only Manufactured Homes, as defined in this Ordinance, are permitted in Manufactured Home Parks. Mobile Homes, Recreational Vehicles, and Trailers are not considered Manufactured Homes and are not permitted in Manufactured Home Parks. "Manufactured Home Park" does not include any of the following:
(a) A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp as defined in ORC Sec. 3729.01;
(b) A tract of land within an area that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured homes used for habitation and the roadways are dedicated to the local government authority; or
(c) A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured homes for habitation.
See Manufactured Home, Permanently Sited Manufactured Home, Mobile Home, and Recreational Vehicles (See ORC Sec. 3733.01),
Mobile Home. As defined by ORC Sec. 4501.01, means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35 body feet in length or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, was constructed before 1974, and does not qualify as a manufactured home. See Manufactured Home; Manufactured Home Park; Permanently Sited Manufactured Home; and Recreational Vehicles and Trailers.
Motel or Motor Court. A building or a group of buildings in which overnight lodging is provided and offered to the public for compensation and catering primarily to the public traveling by motor vehicle.
Natural Features. Soils, wetlands, floodplains, water bodies, topography, vegetative cover and geologic formations.
Nonconforming Sign. See “Sign, Nonconforming”.
Nonconforming Use. See “Use, Nonconforming”.
Occupancy Load. The number of individuals normally occupying the building or part thereof or for which the existing facilities have been designed.
Outdoor Wood Burning Furnace. Any equipment, device or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
Parking Lot, Off-street. A facility other than for single-family dwellings providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
Parking Space. A paved surface at least nine feet wide by 18 feet long, which is accessible and can be used at all times for parking a motor vehicle. Except as otherwise provided in this Ordinance, parking spaces shall be defined exclusive of driveways, fire and sanitary lanes, and commercial loading areas.
Permanently Sited Manufactured Home. As defined by ORC Sec. 3781.06, means a manufactured home that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(b) The structure, excluding any addition, has a width of at least 22 feet and one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments, of at least 900 square feet;
(c) The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six inch minimum eave overhang, including appropriate guttering;
(d) The structure was manufactured after January 1, 1995; and
(e) The structure is not located in a manufactured home park as defined by section ORC Sec. 3733.01 (See definition of Manufactured Home Park).
Plan, Preliminary. A drawing for the purpose of study of a subdivision and, when approved, shall permit proceeding with preparation of a final plat.
Planned Development. Land area with a specified minimum acreage which is to be developed as a single entity according to a plan, consisting of one or more concentrations of structures.
Planned Unit Development. Land area including such concepts as cluster development, planned development, community unit plan, planned residential development, and other terminology denoting zoning requirements designed to accomplish the objectives of this Ordinance through a land development project review process, based on the application of site planning criteria, to achieve integration of the proposed land development project with the characteristics of the project area.
Plat, Final. A drawing of all or a portion of a subdivision and, when approved, shall be suitable for recording.
Public Utility. A public utility is any person, firm, corporation, municipal department or board duly authorized. to furnish and furnishing to the public, under federal, state, or municipal regulations, electricity, gas, steam, telephone, telegraph, or other communication, transportation or water.
Recreation Space. Real estate devoted to recreational purposes which contains City- approved site improvements, including, but not limited to, shelters, swimming pools, tennis courts and playground fixtures.
Recreational Vehicle or Trailer. A vehicle or portable structure designed and constructed to be used as a temporary dwelling for travel, recreational and vacation uses, or moving equipment and belongings. Includes but not limited to the terms listed below. Excludes manufactured homes, mobile homes, construction office trailers, and portable classrooms.
(a) Boats and Boat Trailers: includes boats, floats, rafts, and equipment to transport it;
(b) Motorized Home, Motor Home: portable unit for sleeping, designed and constructed as an integral part of a self-propelled vehicle;
(c) Pick-up Camper: a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling;
(d) Utility Trailer: A trailer drawn by passenger automobile and used for the occasional transport of personal belongings; and
(e) Travel trailer: a vehicular portable structure built on a chassis as a non-self propelled vehicle, including tent-type fold-out trailer and designed to be used as a temporary.
Repair. See “Alteration”.
Residence Unit. A single unit providing complete, independent living facilities for one family including permanent provisions for living, sleeping, eating, cooking, and sanitation. Separation from other residence units shall be of a permanent nature and shall include a separate entrance directly into the unit. The term “Residence Unit” shall not apply to college-owned student housing, fraternities, and sororities.
Retention Basin. A storm water facility whose purpose is to detain storm water from a specific drainage area, prior to discharging to a downstream channel. For the purpose of these requirements a retention basin will be considered to contain water at all times.
Sign. Any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this Ordinance, the word “sign” does not include flag, pennant, badge, or insignia of any government or governmental agency.
Sign, Abandoned. Any sign that identifies or advertises a business, lessor, service, product or owner that is no longer in operation or offered therein; an activity that has already occurred and/or for which no legal owner can be found.
Sign, Animated. Any sign that uses flashing lights or movement of the sign or some element thereof, to depict action or create a special effect or scene.
Sign, Awning or Canopy Sign. Any sign that is painted on, printed on or attached to an awning, canopy, or other fabric, plastic, or structural protective cover.
Sign, Back Lighted Letter. An illuminated reverse channel letter with an open or translucent back so that light from the letter is directed against the surface behind the letter producing a halo lighting effect around the letter; also referred to as a silhouette or halo- lighted.
Sign, Banner. A sign made of lightweight fabric or similar material with no enclosing framework that is secured to a building or other structure at one or more edges.
Sign, Billboard (synonymous with off-site advertising). A sign that directs attention to a business, commodity, service or entertainment conducted, sold, or offered elsewhere than upon the same lot.
Sign, Building. Any sign attached parallel to any part of a building and including wall signs, awning or canopy signs and window signs.
Sign, Cabinet. A sign structure consisting of the frame and face(s) not including the internal components, embellishments, or support structure.
Sign, Changeable Copy. A portion of a sign with letters, characters, or graphics that are not permanently affixed to the structure, framing, or background allowing the letters, characters or graphics to be modified manually or by electronic or mechanical devices from time to time as situations change, such as bulletin board or announcement board.
Sign, Channel Letter. A fabricated or formed three-dimensional letter that may accommodate light source.
Sign, Electronic Message Center. A variable message sign that utilizes computer generated message or some other electronic means of changing copy.
Sign, Entrance or Exit. A sign located at the driveway entrance or exit and intended to provide for safe ingress and egress.
Sign, Exterior Illuminated. A sign that is illuminated by a light source that is directed towards and shines on the face of a sign; also called direct illumination.
Sign, Flag. A piece of flexible material having a distinctive size, color, and design, used as a symbol, standard, signal, or emblem.
Sign, Ground or Monument. A sign supported from the ground and not attached to any building.
Sign, Halo Lighted. See definition of back lighted letter.
Sign, Ideological. Any temporary sign announcing an idea, opinion or position on a social or political issue and containing no commercial message.
Sign, Illuminated. A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.
Sign, Instructional. A sign that has a purpose secondary to the use on the lot and that is intended to instruct employees, customers, or users as to matters of public safety or necessity such as specific parking requirements, the location or regulations pertaining to specific activities on the site or in the building, and including a sign erected by a public authority, utility, public service organization, or private industry that is intended to control traffic; direct, identify or inform the public; or provide needed public service as determined by the rules and regulations of governmental agencies or through public policy.
Sign, Internally Illuminated. A sign illuminated internally through its sign face by a light source contained inside the sign.
Sign, Marquee. A sign attached to a structure, other than an awning or canopy sign, projecting from a wall of a building above an entrance and extending over a street, sidewalk, or part thereof.
Sign, Mobile. A sign that is on wheels, runners, casters, or has a frame to which wheels, runners, or casters may be affixed, parked trailers, parked vehicles, or other mobile devices, including tethered and/or anchored balloons.
Sign, Pan Channel Letter. A dimensional letter that is constructed with sidewalls, a back, and a face making the letter a solid integral unity with the sidewalls and back having a pan shaped cross section.
Sign, Permanent. A sign that is not temporary.
Sign, Projecting. A sign that is attached to a building wall and extending 12 inches or more perpendicular to the face of the wall.
Sign, Reverse Channel Letter. A fabricated dimensional letter with opaque face and sidewalls.
Sign, Roof. A sign erected, constructed or maintained wholly or partially upon or over the roof or parapet wall of any building with the principal support on the roof structure.
Sign, Sign Face. The area or display surface used for the message.
Sign, Sign Plate. A wall sign not exceeding two square foot in area.
Sign, Temporary. A sign that is designed to be used only temporarily and is not intended to be permanently attached to a building, a structure or permanently installed in the ground.
Sign, Wall. A sign painted on, attached to, or erected against the wall of a building or structure with the exposed face of the sign in plane parallel to the plane of the wall and not extending more than 12 inches therefrom and which does not project above the roofline or beyond the corner of the building.
Sign, Window. A sign that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building except for signs that are not legible from a distance of more than three feet beyond the building in which such a sign is located.
Small Wind Energy System. A wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics, which has a rated capacity of not more than 100 kW and which is intended to reduce on-site consumption of utility power.
(a) Nacelle. The enclosure located at the top of a wind turbine tower that houses the gearbox, generator and other equipment.
(b) Power Center. Serves as the central connection point for the electrical components in the system and provides a number of necessary control functions.
(c) Rotor. The rotating part of a turbine, including the blades.
(d) Tower. The support structure, including guyed, monopole and lattice types, upon which a wind turbine or other mechanical device is mounted.
(e) Tower Height. The height of the tower, measured from the natural grade surrounding the support pad to the tip of the blade in a vertical position along the vertical axis of the tower.
(f) Wind Turbine. A device that converts kinetic wind energy into rotational energy that drives an electrical generator. A wind turbine typically consists of a tower, nacelle body, power center and a rotor with two or more blades.
Sound Level. The reading, as measured in decibels (dB), of a sound level meter and associated octave band filter, which conforms to the latest standards of the American Standards Association. The decibel reading shall be based on the 70 dB weighting network and shall be the average of five readings taken at intervals approximately five feet apart, at a height of five feet above the established grade.
State. The State of Ohio.
Story. That part of a building included between the surface of one floor and the surface of the next floor. A story thus defined shall not be counted as a story when more than 50 percent of the height is below the established grade.
Story, Half. A story situated within the sloping roof, the area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below it; and the height above, at least 200 square feet of floor space, is seven feet six inches.
Street. The entire width between boundary lines of every public or private way open to the use as a thoroughfare for the purpose of vehicular traffic.
Street Classifications. Street classification is the Comprehensive Land Use Plan’s designation of streets and highways into systems according to the function that they perform. The systems used for the street classifications are as follows:
(a) Expressway. A divided arterial highway for through traffic with future or partial control of access, medians, at grade intersections, and some grade separation.
(b) Arterial. A general term denoting a highway primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas, and to and from expressways. An arterial also provides access to abutting property, but parking and loading may be restricted to improve the capacity for moving traffic.
(c) Collector. A street providing for traffic movement between major arterials and local streets, and direct access to abutting property. This facility provides for the internal traffic movement within an area of the City.
(d) Local, Nonresidential. A street or road whose present function is to provide access to residence, business or other abutting property. A local nonresidential street moves a vehicle from an individual property to the nearest collector. A local nonresidential street differs from a local residential street in that it has multi-family residential, commercial, and/or industrial development, or that it has the potential to become a collector if future development occurs in adjacent areas.
(e) Local, Residential. A street or road whose function is to provide access to residences or other abutting property. A local residential street moves a vehicle from an individual property to the nearest local nonresidential or collector street.
Subdivision. A subdivision as defined in ORC Sec. 711.001, as now existing or hereafter amended.
Subdivision, Major. A subdivision which is not a minor subdivision.
Subdivision, Minor. A subdivision for which no plat is required by reason of ORC Sec. 711.001 and 711.131, as now existing or hereafter amended.
Subdivision Regulations. The Subdivision Regulations of the City.
Tourist Home. A tourist home shall be construed to mean any dwelling occupied in such a manner that certain rooms in excess of those used by members of the family, as hereinbefore provided, and occupied as a home or family unit, are rented without cooking facilities, to the public for compensation and catering primarily to the public traveling by motor vehicle.
Trailer Park. A mobile home or trailer coach park refers to any site, lot, field, or tract of land upon which three or more occupied mobile homes or trailer coaches are harbored, either free of charge or for revenue purposes, and shall include any building, structure, tent, vehicle, or enclosure used or intended for use as a part of the equipment of such mobile home or trailer coach park.
Travel Trailer. A travel trailer is a vehicular portable structure built on a chassis, which can be towed by an automobile, and is designed to be used principally as a temporary vacation dwelling.
Underlying Zoning. The zoning classification and regulations applicable to the property immediately preceding the grant of an application to designate the property planned unit development.
Use. The purposes for which land or buildings are designed, arranged or intended to be occupied or used, or for which they are occupied or maintained.
Use, Accessory. A use of land or portion of the building customarily incidental to the actual principal use of the land or building and located on the same parcel of property with such principal use.
Use, Nonconforming.
(a) A use which is prohibited under the terms of this Ordinance, but which existed lawfully on the date of enactment of this Ordinance, or amendment thereto; or
(b) A use which does not conform to the requirements of this Ordinance, but for which a variance has been granted.
Yard. An open space at grade line between a building and the adjoining lot lines, unoccupied and unobstructed from the ground upward, except for certain architectural features specified in this Ordinance. Yard measurements shall be the minimum horizontal distance between a lot line and the nearest line of the main building.
Yard, Front. A yard extending across the full width of the lot between the front street lot line and the nearest line of the main building.
Yard, Rear. A yard extending across the full width of the lot between the rear lot line and the nearest line of the main building.
Yard, Side. A yard extending from the front yard to the rear yard between the side lot line and the nearest line of the main building.
Zoning Ordinance (also “this Ordinance”). The Zoning Ordinance of the City.
(Ord. 35-07. Passed 3-19-07; Ord. 45-09. Passed 9-8-09.)