Clinton City Zoning Code
GENERAL PROVISIONS
§ 152.001 PURPOSE.
The purpose of this Zoning Code, enacted by the village, pursuant to R.C. Chapter 713, is to promote public health, safety, convenience, comfort, prosperity and the general welfare of the village.
(Prior Code, § 1101.01) (Ord. O-18-20, passed 11-20-2018)
§ 152.002 TITLE.
This chapter shall be known and may be cited as the “Zoning Ordinance of the Village of Clinton, Summit County, Ohio,” and may be referred to herein as “this chapter” or “this Zoning Code.”
(Prior Code, § 1101.02) (Ord. O-18-20, passed 11-20-2018)
§ 152.003 AUTHORITY.
(A) General authority. This chapter establishes the village’s zoning regulatory authority as authorized by the state statutes.
(B) References to the state statutes or the Ohio Administrative Code. Whenever any provision of this chapter refers to or cites a section of the state statutes or the Ohio Administrative Code (O.A.C.), and that section is later amended or superseded, this chapter shall be deemed amended to refer to the amended section or the section that most nearly corresponds to the superseded section.
(Prior Code, § 1101.03) (Ord. O-18-20, passed 11-20-2018)
§ 152.004 JURISDICTION.
The provisions of this chapter shall apply to all land, land development, use of all structures, architectural design, landscaping, signage and uses of land within the incorporated areas of the village as allowed by the state statutes.
(Prior Code, § 1101.04) (Ord. O-18-20, passed 11-20-2018)
§ 152.005 INTERPRETATION AND CONFLICTS.
(A) For purposes of interpretation and application, the provisions of this Zoning Code shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort, prosperity and general welfare as allowable by law.
(B) When the provisions of this Zoning Code are inconsistent with one another or with the provisions found in another adopted ordinance, the more restrictive provision shall govern.
(C) Where this Zoning Code imposes a greater restriction than imposed or required by other provisions of law or by other rules, regulations or ordinances, the provisions of this Zoning Code shall control provided it does not conflict with the state statutes and/or federal law.
(Prior Code, § 1101.05) (Ord. O-18-20, passed 11-20-2018)
§ 152.006 RELATIONSHIP WITH THIRD PARTY PRIVATE AGREEMENTS.
(A) This Zoning Code is not intended to interfere with or abrogate any third-party private agreements including, but not limited to, easements, covenants or other legal agreements between third parties. However, wherever this Zoning Code proposes a greater restriction upon the use of buildings, structure or land, upon the location or height of buildings or structures, or upon requirements for open areas than those imposed or required by such third-party private agreements, the provision of this Zoning Code shall govern.
(B) In no case shall the village be obligated to enforce the provisions of any easements, covenants or agreements between private parties unless the village is involved as a party to the agreement.
(Prior Code, § 1101.06) (Ord. O-18-20, passed 11-20-2018)
§ 152.007 COMPLIANCE REQUIRED.
(A) Except as hereinafter specified, no building, structure or sign shall be located, constructed, erected, reconstructed, enlarged, changed, maintained or used, and no land shall be used in violation of this chapter or in a manner that does not comply with all of the regulations established by this chapter for the applicable zoning district and development.
(B) It shall be unlawful for an owner to use or to permit the use of any structure, building, land or part thereof, hereafter erected, created, changed, converted or enlarged, wholly or partly, until a zoning certificate is issued by the Zoning Inspector in accordance with this chapter. Such certificate shall state that such building, premises or part thereof, and the proposed use thereof, is in conformity with the provisions of this Zoning Code.
(C) Existing uses, lots, buildings, structures and signs that do not comply with this chapter will be subject to the non-conformity provisions of §§ 152.320 through 150.328.
(Prior Code, § 1101.07) (Ord. O-18-20, passed 11-20-2018)
§ 152.008 SEVERABILITY.
(A) If any court of competent jurisdiction invalidates any provision of this Zoning Code, then such judgment shall not affect the validity and continued enforcement of any other provision of this Zoning Code.
(B) If any court of competent jurisdiction invalidates the application of any provision of this Zoning Code to a particular property, structure or situation, then such judgment shall not affect the application of that provision to any other building, structure, sign or situation not specifically included in that judgment.
(C) If any court of competent jurisdiction judges invalid any condition attached to the approval of a development review application, then such judgment shall not affect any other conditions or requirements attached to the same approval that are not specifically included in that judgment.
(Prior Code, § 1101.08) (Ord. O-18-20, passed 11-20-2018)
§ 152.009 TRANSITIONAL RULES.
(A) Effective date.
(1) This amendment is effective on January 1, 2019.
(2) Any amendments to this Zoning Code shall be in full force and effect as provided in the state statutes.
(B) Violations continue. Any violation of this Zoning Code that applied to a use, structure, property, development, construction or other activity, prior to the adoption or amendment of this Zoning Code, shall continue to be a violation under this Zoning Code and is subject to penalties and enforcement under §§ 152.340 through 152.345, unless the use, structure, property, development, construction, sign or other activity complies with the provisions of this Zoning Code.
(C) Non-conformities continue.
(1) Any legal non-conformity under previous versions of this chapter that applied prior to the adoption of this Zoning Code shall continue to be a legal non-conformity under this amendment, as long as the situation that resulted in the non-conforming status under the previous version of the ordinance continues to exist.
(2) If a legal non-conformity under any previous versions of this chapter that applied prior to the adoption of this chapter becomes conforming because of the adoption of this chapter, then the situation will be considered conforming and shall no longer be subject to the regulations pertaining to non-conformities.
(D) Approved projects.
(1) Any building, structure or development for which a zoning certificate was issued prior to the effective date of this Zoning Code may, at the applicant’s option, be completed in conformance with the issued certificate and any other applicable permits and conditions, even if such building, structure or development does not fully comply with provisions of this Zoning Code. Such building, structure or development shall be considered a legal non-conforming use, if applicable, upon the issuance of a certificate of occupancy from the Zoning Inspector.
(2) If the building, structure or development is not completed within the time allowed under the original building permit or any extension granted thereof, then the building, structure or development may be constructed, completed or occupied only in compliance with this Zoning Code.
(3) Any application for a project where the zoning certificate has expired shall meet the standards in effect at the time the application is resubmitted.
(E) Vested rights. The transitional rule provisions of divisions (A) through (D) above are subject to the state’s vested rights laws.
(Prior Code, § 1101.09) (Ord. O-18-20, passed 11-20-2018)
§ 152.010 RESTORATION OF UNSAFE BUILDINGS.
Except as provided in §§ 152.320 through 152.328, nothing contained in this chapter shall hinder the construction of a building or prohibit its use where construction has started before the effective date of this chapter; provided that foundations have been put in place before said effective date of this chapter and provided further that such building shall be completed within two years from the effective date of this chapter.
(Prior Code, § 1101.10) (Ord. O-18-20, passed 11-20-2018)
§ 152.011 REPEAL.
This Zoning Code may be repealed in accordance with the provision established in the state statutes.
(Prior Code, § 1101.11) (Ord. O-18-20, passed 11-20-2018)
§ 152.012 USE OF GRAPHICS, TABLES, ILLUSTRATIONS, FIGURES AND CROSS-REFERENCES.
(A) Graphics, illustrations and figures are provided for illustrative purposes only and shall not be construed as regulations. Where a conflict may occur between the text and any graphic, illustration or figure, the text shall control.
(B) In some instances, cross-references between chapters, sections and divisions are provided that include the chapter, section or division number along with the name of the referenced chapter, section or division. Where a conflict may occur between the given cross-reference number and name, the name shall control.
(C) A table shall be considered text for the purposes of this chapter unless specifically identified as a figure.
(Prior Code, § 1101.12) (Ord. O-18-20, passed 11-20-2018)
§ 152.013 BURDEN OF PROOF.
(A) The burden of demonstrating that an application, development or use of land or structures subject to this chapter complies with applicable review and approval standards is on the applicant.
(B) Such burden of proof shall also apply to demonstrating that a non-conformity was established legally under a previous amendment of this chapter.
(C) The burden is not on the village or other parties to demonstrate that the standards have been met by the applicant or person responsible for the application, development, use of land or structure, or non-conformity with this chapter.
(Prior Code, § 1101.13) (Ord. O-18-20, passed 11-20-2018)
§ 152.014 COMPREHENSIVE LAND USE PLAN ADOPTED.
The Comprehensive Land Use Plan and Zoning Code map included therein, drafted by OHM Advisors and adopted March 19, 2020, is incorporated herein by reference as if fully set out at length. A copy is on file and available for inspection in the offices of the village.
(Prior Code, § 1101.14) (Ord. O-18-20, passed 11-20-2018; Ord. O-19-34, passed 3-19-2020)
§ 152.015 DEFINITIONS.
(A) Purpose. It is the purpose of this chapter to define words, terms and phrases, or identify references, contained in this chapter.
(Prior Code, § 1105.01)
(B) General rules for interpretation. The following rules shall apply for construing or interpreting the terms and provisions of this chapter.
(1) Meanings and intent. All provisions, terms, phrases and expressions contained in this chapter shall be interpreted in accordance with the general purposes set forth in § 152.001, and the specific purpose statements set forth throughout this chapter. When a specific section of this chapter gives a different meaning than the general definition provided in this chapter, the specific section’s meaning and application of the term shall control.
(2) Headings, illustrations and text. In the event of a conflict or inconsistency between the text of this chapter and any heading, caption, figure, illustration, table or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.
(3) Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms like for example, including, and such as, or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
(4) References to other regulations or publications. Whenever reference is made to a resolution, statute, regulation or document, it shall be construed as a reference to the most recent edition of such resolution, statute, regulation or document, unless otherwise specifically stated.
(5) Delegation of authority. Any act authorized by this chapter to be carried out by a specific official of the village may be carried out by a designee of such official.
(6) Technical and non-technical terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(7) Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the village unless otherwise indicated.
(8) Mandatory and discretionary terms. The words “shall,” “must” and “will” are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words “may” and “should” are permissive in nature.
(9) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(a) “And” indicates that all connected items, conditions, provisions or events apply; and
(b) “Or” indicates that one or more of the connected items, conditions, provisions or events apply.
(10) Tenses and plurals. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(11) Terms not defined. If a term used in this chapter is not defined in this chapter, the Zoning Inspector shall have the authority to provide a definition based upon the definitions used in accepted sources, including but not limited to, “A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions,” published by the American Planning Association.
(Prior Code, § 1105.02)
(C) Definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
100-YEAR FLOODPLAIN. Any land susceptible to being inundated by water from a base flood, which is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purposes of this chapter, the current 100-YEAR FLOODPLAIN shall be defined by FEMA and approved by the County Department of Building Standards.
ABANDONED (WIRELESS COMMUN- ICATION). Small cell facilities or wireless support structures that are unused for a period of 365 days without the operator otherwise notifying the village and receiving the village’s approval.
ABOVE GROUND LIQUID HYDRO- CARBON STORAGE TANK. Any container used for the storage of liquid hydrocarbons including, but not limited to, oil, gasoline, kerosene and diesel fuel which is located in whole or in part above the surface of the ground surrounding the tank.
ABUTTING or ADJACENT. The land, lot or property adjoining the property in question along a lot line or separated only by an alley, easement or street.
ACCESSORY BUILDING, STRUCTURE or USE. See definitions under BUILDING.
ACCESSORY DWELLING UNITS. Detached living quarters located on a lot with an existing principal dwelling where the ACCESSORY DWELLING UNIT is designed for the use of persons employed on the premises or for the temporary use of guests of the occupants of the principal dwelling. Such guesthouse or ACCESSORY DWELLINGS are not rented, leased or otherwise transferred to an individual or organization as a separate dwelling.
ACCESSORY RECREATIONAL STRUCTURES. Structures and surfaces with permanent improvements for outdoor use, such as tennis courts, paddle tennis, shuffleboard, basketball courts and other similar facilities for use in conjunction with a residential dwelling unit.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment as defined in the state statutes. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. The existence of other principal business purposes does not exempt an establishment from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as one of its principal business purposes is offering for sale or rental for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade; derives a significant or substantial portion of its revenues from; devotes a significant or substantial portion of its interior business or advertising to; or maintains a substantial section of its sales or display space for the sale or rental of any of the following:
(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas; and/or
(b) Instruments, devices or paraphernalia that are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of self or others.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:
(a) Persons who appear in a state of nudity or semi-nudity;
(b) Live performances that are characterized by the exposure of specified anatomical areas or specified sexual activities; or
(c) Films, motion pictures, video cassettes, slides or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
ADULT FAMILY HOMES. A residence or facility, as defined and regulated in the state statutes, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults. See also definition of RESIDENTIAL FACILITIES, SMALL.
ADULT GROUP HOMES. A residence or facility, as defined and regulated in the state statutes, which provides accommodations for six to 16 unrelated adults and provides supervision and personal care services to at least three of the unrelated adults. See also definition of RESIDENTIAL FACILITIES, LARGE.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas.
AFFILIATE (WIRELESS COMMUN- ICATION). When used in relation to any person, another person who owns or controls, is owned or controlled by, or is under common ownership or control with, such person.
AGENT (WIRELESS COMMUN- ICATION). A person that provides the village written authorization to work on behalf of a public utility.
AGRICULTURAL USES and AGRICULTURE. As defined in the state statues.
ALTERATION. Any change, addition or modification in construction, type of occupancy, increase in floor space, the consummated act of which may be referred to herein as altered or reconstructed.
ANTENNA. Any transmitting or receiving device used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies, wireless communications signals or other communication signals.
APPEAL. An appeal of an administrative decision made by the Zoning Inspector, considered by the BZA, in accordance with § 152.057.
APPLICANT. A person who is authorized by the provisions of this chapter to file an application.
APPLICATION. The completed form or forms and all accompanying documents, exhibits and fees required of an applicant by the appropriate village department, board or commission for an application.
AUTHORIZED AGENT. A person with express written consent to act upon another person’s behalf.
AUTOMATED TELLER MACHINE (ATM). An automated device that provides bank and financial institutional customers with cash withdrawal and other financial services without the need for a bank teller.
AWNING. A roof like cover that is temporary or permanent in nature, and that projects from the wall of a building for the purpose of shielding an area of a structure and constructed of a rigid supporting framework with a canvas, vinyl or fabric covering.
BANKS and FINANCIAL INSTITUTIONS. Establishments engaged in deposit banking. BANKS or FINANCIAL INSTITUTIONS may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions and other similar uses.
BANNER. Any sign of lightweight fabric or similar material that is mounted to a building or other structure at one or more edges.
BED AND BREAKFAST ESTAB- LISHMENT. Any place of lodging that provides four or fewer rooms for rent on a temporary basis, is the owner, operator or manager’s legal primary residence, is occupied by the owner, operator or manager, at the time of rental, and where meals may be served to guests.
BERM, LANDSCAPING. In the context of landscaping, buffer yard or screening requirements, a mound of earth typically used to shield, screen and buffer undesirable views and to separate potentially incompatible uses. See also the definition of MOUND.
BEST MANAGEMENT PRACTICES (BMPS). Conservation practices or protection measures which reduce impacts from a particular land use. BEST MANAGEMENT PRACTICES for construction are outlined in “Rainwater and Land Development, Ohio’s Standard for Storm-Water Management, Land Development, and Urban Stream Protection” prepared by the State Department of Natural Resources.
BOARD OF ZONING APPEALS. The Village Board of Zoning Appeals.
BUILDING. Any structure, either temporary or permanent, that has a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals or property of any kind.
BUILDING, ACCESSORY. A building on the same lot with, and of a nature customarily incidental and subordinate to the principal building.
BUILDING, NON-CONFORMING. A building that lawfully occupied a lot at the effective date of this chapter, or amendments thereto, and that does not currently conform to the regulations of the applicable zoning district.
BUILDING, PRINCIPAL. The building containing the main or principal uses on the lot.
BZA. The Board of Zoning Appeals
CABLE FRANCHISE. An initial authorization, or renewal thereof (including a renewal of an authorization which has been granted subject to 47 U.S.C. §§ 522 and 546), issued by a franchising authority, whether such authorization is designated as a franchise, permit, license, resolution, contract, certificate, agreement or otherwise, which authorizes the construction or operation of a cable system.
CABLE OPERATOR. Any person or group of persons:
(a) Who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system; or
(b) Who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.
CABLE SERVICE.
(a) The one-way transmission to subscribers of video programming or other programming service; and
(b) Subscriber interaction, if any, which is required for the selection of such video programming or other programming service.
CANOPY. A freestanding permanent roof-like shelter not attached to or requiring support from an adjacent structure.
CANOPY (TREE). The portion of a tree, formed by the plant crowns (branches and leaves) that does not include the main trunk(s) of the tree or its roots.
CCO. Club Conservation Overlay.
CEMETERIES. A place for interment of human or animal remains or cremated remains, including a burial park for earth interments, a mausoleum for vault or crypt interments, a columbarium for cemetery interments or a combination thereof.
CHURCHES and PLACES OF WORSHIP. A building used principally for religious worship. The word CHURCHES and PLACES OF WORSHIP or CHURCH shall not include or mean an undertaker’s chapel or a funeral home. Such places shall exist as public buildings, and as such, shall meet state and local building codes.
CLEAR ZONE (WIRELESS COMMUNICATION). The unobstructed, traversable area provided beyond the edge of the through traveled way for the recovery of errant vehicles. The CLEAR ZONE includes shoulders, bike lanes and auxiliary lanes, except those auxiliary lanes that function like through lanes. As defined in the “ODOT Location and Design Manual,” Volume 1, Section 600-Roadside Design.
COLLOCATION or COLLOCATE. To install, mount, maintain, modify, operate or replace wireless facilities on a wireless support structure.
COMMERCIAL ENTERTAINMENT or RECREATIONAL USE (INDOORS). Any commercial activity that is related to the entertainment or sports industry, except adult entertainment establishments, that may include, but is not limited to, indoor pools, bowling alleys, skating rinks, indoor tennis courts and similar activities.
COMMERCIAL MESSAGE. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMON AREAS. Parcels of land, together with the improvements thereon, the use and enjoyment of which shall be shared by the owners and occupants of the individual building sites within a development.
COMMUNITY GARDEN. A single piece of land that is gardened collectively, as an accessory use, by a group of persons, that may include individual garden plots designated for individual gardens.
COMPLETED APPLICATION. An application that has been determined to be complete in accordance with § 152.051(B)(3).
CONSTRUCTION DUMPSTERS and PORTABLE TOILET FACILITIES. Temporary facilities used for the collection of trash and solid waste on a construction site.
CONSTRUCTION TRAILER. A mobile home, trailer or similar temporary structure that is used as an office or for storage in conjunction with a construction project.
CONVENTIONAL RESIDENTIAL SUBDIVISION. A major subdivision, as defined by § 1102.03(a)(111) of General Rules and Regulations for Plats and Subdivisions in the Unincorporated Area of Summit County, Ohio (also known as the county subdivision regulations), that is not classified as an open space residential subdivision.
COUNCIL. The Village Council.
COUNTY. Summit County, Ohio.
CUL-DE-SAC. A street having only one outlet for vehicular traffic (to another street) and where the other terminus is either a turnaround or is a dead-end or stub street to an adjacent, undeveloped property.
CULTURAL INSTITUTIONS. Public or private facilities used for display, performance or enjoyment of heritage, history or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers and interpretative sites but does not include movie theaters.
DAMAGED OR DISEASED TREES. Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.
DAY CARE CENTERS (ADULT OR CHILD). A facility operated for the purpose of providing care, protection and guidance to individuals during part of a 24-hour day. This term includes nursery schools, preschools, adult day care centers, child day care centers and similar uses. DAY CARE CENTER does not include public or private educational facilities or any facility offering care to individuals for a full 24-hour period. See also definition for TYPE-B FAMILY DAY CARE HOME.
DBH. See DIAMETER-AT-BREAST HEIGHT.
DECKS. A flat surface attached to a building that does not have walls or a roof and that is elevated above the ground, at its highest point, by at least 18 inches. DECKS are not used as habitable space.
DECORATIVE POLE. A pole, arch or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
(a) Electric lighting;
(b) Specially designed informational or directional signage; and/or
(c) Temporary holiday or special event attachments.
DEFINED CHANNEL. A natural or human-made depression in the terrain which is maintained and altered by the water and sediment it carries.
DENSITY, GROSS. The total number of dwelling units divided by the gross area of a site (including streets, easements, rights-of-way, open space set-asides and/or other public dedications established as part of the development).
DENSITY, NET. The total number of dwelling units divided by the gross area of the site minus any land used for streets, easements, rights-of-way, open space set-asides and/or other public dedications.
DETACHED ACCESSORY BUILDINGS OR STRUCTURES. Accessory buildings or structures that are detached from the principal building or structure including, but not limited to, garages, gazebos, permanent outdoor kitchens (if they require a water, sewer or building permit), storage sheds and other structures.
DEVELOPMENT. Any human-made change to improved or unimproved land, including, but not limited to, the construction of buildings or other structure, mining, dredging, filing, grading, paving, excavation or drilling.
DIAMETER-AT-BREAST HEIGHT (DBH). Used to measure the diameter of a tree trunk at the specific height of four and one-half feet above the ground.
DISTRICT. See ZONING DISTRICT.
DOMESTIC ANIMALS. Includes, but not be limited to, horses, cows, llamas, goats, pigs, hogs, mink and fowl. DOMESTIC ANIMAL shall not include household pets.
DRIVE-THROUGH FACILITIES. An establishment that encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.
DRIVEWAY. A private way, other than a street or alley, that provides access to one lot of record for the use of vehicles and pedestrians unless approval has been granted for a shared DRIVEWAY in which case, the DRIVEWAY may serve multiple uses.
DROP-OFF BOX. A small outdoor collection facility for use by the public who can deposit recyclable materials, clothing or household goods.
DWELLING. A building or portion thereof used exclusively for permanent residential purposes, including single-family, two-family and other attached dwellings, but not including hotels, motels, tents, recreational vehicle, cabins or boarding or lodging houses.
DWELLING UNIT. A single unit of one or more rooms providing complete, permanent independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation but not including a tent, cabin, hotel, motel, recreational vehicle or other temporary or transient structure or facility. A DWELLING UNIT shall not include a mobile home or recreational vehicle, camping equipment or a manufactured home except for permanently sited manufactured homes that conform to the requirements for such uses.
DWELLING, ATTACHED. A building or portion thereof designed for or used exclusively for residential purposes by three or more families or housekeeping units. ATTACHED DWELLINGS shall include apartment buildings, condominiums, elderly housing and buildings where three or more dwellings are attached by common walls or floors within a single structure.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residential purposes by one family or housekeeping unit.
EASEMENT. Written authorization by a property owner for the use by another, for a specified purpose, of any designated part of his or her property.
EDUCATIONAL INSTITUTIONS (PUBLIC OR PRIVATE). Buildings or structures in which students are taught. EDUCATIONAL INSTITUTIONS may include primary schools, elementary schools, middle schools or high schools. EDUCATIONAL INSTITUTIONS shall not include colleges, vocational schools and other similar uses.
ELECTRONIC MESSAGE CENTER. A sign whose alphabetic, pictographic or symbolic information content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments.
ELIGIBLE FACILITIES REQUEST (WIRELESS COMMUNICATION). The same as defined by the FCC in 47 U.S.C. § 1455(a)(2), as may be amended, which defines that term as any request for modification of an existing support structure that does not substantially change the physical dimensions of such support structure, involving:
(a) Collocation of new small cell facilities;
(b) Removal of small cell facilities; or
(c) Replacement of small cell facilities.
ENTRANCE MONUMENT. A fence, wall or sign located at the entrance of a subdivision or development that identifies the name of the subdivision or development.
ESTATE SALE, TAG SALE or AUCTION (THIRD-PARTY SALE). A temporary event for the sale of personal possessions or property that is organized or conducted by a third-party that includes, but is not limited to, any sale entitled estate sale, tag sale, auction or third-party sale.
EXOTIC ANIMALS. Any cat, other than felis catus; any canine, other than canis familiaris; non-human primates; poisonous reptiles; crocodiles; bears; kangaroos; eagles and similar animals as defined by the state statutes.
EXPANSION. An increase in the size of an existing structure or use, including physical size of the land, building, parking or other improvements or structures.
EXTERIOR LIGHTING. Any source of light that is installed or mounted outside of a building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility.
EYEBROW (STREET OR ROAD). A rounded expansion of a street beyond the normal curb line.
FAÇADE. The exterior wall of a building parallel to the frontage line or the street that fronts the parcel on which the building is located. FAÇADES may be on the front, side or rear elevation of the building regardless of whether the building side faces a street.
FARM MARKET or ROADSIDE FARM STAND. The use of any land or a structure for the sale of produce in accordance with the provisions of § 152.210.
FCC. The U.S. Federal Communications Commission and any legally appointed, designated or elected agent or successor.
FEDERAL EMERGENCY MAN- AGEMENT AGENCY (FEMA). The agency with overall responsibility for administering the National Flood Insurance Program.
FEMA. The Federal Emergency Management Agency, the agency with the overall responsibility for administering the National Flood Insurance Program.
FENCE. A structure that serves to screen an area, enclose an area or separate two spaces that has a height and length greater than its thickness and that is constructed of a wood, metal, wire, vinyl, composite or other similar material that may or may not be a solid material. See WALL.
FLAG. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
FLAGPOLE. A pole that can be permanently affixed in the ground or to a building that is used for the sole purpose of flying a flag.
FLOODPLAIN. The 100-year regulatory FLOODPLAIN as currently defined by FEMA and illustrated on the applicable National Flood Insurance Program flood insurance rate map.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of each floor of the principal building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two buildings. The floor area of a building shall include all livable spaces including the basement FLOOR AREA when more than one-half of the basement height is above the finished lot grade level at the front of the building; interior balconies and mezzanines; enclosed porches and floor area devoted to accessory uses. Garages shall not be included in the FLOOR AREA of a structure.
FLOOR AREA, MINIMUM LIVING. Consists of areas such as living room, bedroom, bathroom, dining room, rooms for cooking, den, library and family rooms, but shall not include areas such as porches, breezeways, basements, terraces and garages.
FOOT CANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
FOOTPRINT. The area of a building measured from the exterior surface of the exterior walls at grade level.
FRANCHISE AUTHORITY (WIRELESS COMMUNICATION). See CABLE FRANCHISE.
FRONTAGE, BUILDING. The length of the façade of an enclosed building facing a public or private street.
FRONTAGE, STREET. The distance for which the front boundary line of the lot and the street line are coincident.
FUNERAL HOMES. A building or part thereof used for human funeral services. It may include space for the embalming and other services used in the preparation of the dead for burial; the storage of caskets, funeral urns and other related uses and supplies; the storage of funeral vehicles; facilities for cremation; and chapels.
GARAGE. An accessory building primarily intended for and used for the enclosed storage or shelter of private motor vehicles of the owner or occupant of the principal building.
GARAGE SALES. A temporary event for the sale of used or surplus personal possessions that is organized and conducted by residents of the dwelling unit where the sale occurs. The GARAGE SALE may include, but is not limited to, all sales entitled garage, yard, lawn, basement, attic, porch, room, tent, backyard, patio or moving sale.
GARDEN. A piece of ground where ornamental trees, shrubs, herbs, fruits, vegetables and similar vegetation is cultivated for use by the occupants of the premises.
GAS AND OIL WELLS. A hole bored into the earth that produces natural gases and oils that are brought to the surface for further refining and distribution.
GASOLINE STATIONS. A building or part of a building or structure or space for the retail sale of motor vehicle fuels, lubricants and other automobile accessories and for minor services and repairs of automobiles not accompanied by objectionable noises, fumes, dusts or odors.
GENERAL OFFICES (ADMIN- ISTRATIVE, PROFESSIONAL, BUSINESS). Establishments providing executive, management, administrative or professional services including, but not limited to, real estate, architecture, legal, travel, employment, advertising, design, engineering, accounting and similar uses.
GENERAL REQUIREMENTS (WIRELESS COMMUNICATION). Those requirements established in § 152.175 for the design, construction and installation of small cell facilities and wireless support structures in the right-of-way, which are supplemented by design guidelines, and which are effective insofar as they do not conflict with state or federal law, including without limitation any applicable FCC rules and regulations.
GLARE. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
GOVERNMENT OFFICES AND BUILDINGS. Buildings or office space utilized for the provision of services by the village or the federal government.
GOVERNMENTAL UTILITIES. Infra- structure or facilities used in the completion or assistance of the performance of a public service within the village, including, but not limited to, the providing of energy, internet and related services, sanitary or storm sewer, and waste collection to residents of the village.
GRADE. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk, unless otherwise defined herein.
GROUND COVER. A plant growing less than two feet in height at maturity that is grown for ornamental purposes. GROUND COVERS are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. GROUND COVERS also provide permanent covering of open ground to prevent erosion and/or create visual appeal.
HEDGE. A line of closely spaced shrubs and tree species, planted and trained in such a way as to form a barrier, screen or to mark the boundary of an area.
HOME OCCUPATION. An occupation or profession which is incidental to and carried on entirely within a dwelling unit excluding an attached garage or patio area, by resident occupants of the dwelling unit and which occupation is clearly incidental to and accessory to the residential use of the property.
HOTEL and MOTEL. A building in which lodging, with or without meals, is offered for compensation and in which there are more than five sleeping rooms. HOTELS and MOTELS may include typical accessory uses within the principal building including, but not limited to, swimming pools, bars and restaurants.
HOUSEHOLD PETS. Any animal commonly kept inside a residence such as a dog or cat.
HOUSEKEEPING UNIT. One or more related or non-related persons lawfully occupying a dwelling unit and living together as a single group on a permanent basis, and doing their own cooking and sleeping on the premises as distinguished from a group temporarily occupying a bed and breakfast establishment, hotel, motel or group home.
IMPERVIOUS SURFACE. Any hard-surfaced, human-made area that does not readily absorb or retain water, including, but not limited to, buildings, roofs, parking areas, driveways, sidewalks and pavement.
INSTITUTIONS FOR HIGHER EDUCATION. Buildings or structures in which students are taught at a level beyond primary schools, elementary schools, middle schools and high schools. HIGHER EDUCATIONAL INSTITUTIONS shall include, but not be limited to, colleges, vocational schools, universities, training centers and other similar uses.
INSTITUTIONS FOR HUMAN MEDICAL CARE. A facility providing physical or mental health services, outpatient care, inpatient accommodations and medical or surgical care of the sick or injured.
INTERMITTENT STREAM. A natural waterway that contains water throughout the year except during periods of low precipitation.
KEEPING OF DOMESTIC ANIMALS. The keeping, raising and caring of domestic animals on a lot as an accessory to a principal use.
KNUCKLE (STREET OR ROAD) CONFIGURATION. When a turnaround (typically seen at the termination of a cul-de-sac) is located at the intersection of two streets, allowing large street frontage for a limited number of lots. A KNUCKLE differs from a cul-de-sac in that there is no straight portion of a street connecting the turnaround to the adjacent intersection.
LANDSCAPE MATERIAL. Consists of:
(1) Material such as, but not limited to, living trees, shrubs, vines, lawn grass, ground cover and landscape water features; and
(2) Non-living durable material commonly used in landscaping, including, but not limited to, rocks, pebbles, sand, decorative walls and fences, brick pavers, and earthen mounds, but excluding pavements for vehicular use.
LANDSCAPING. The improvement of a lot, parcel, tract of land or portion thereof, with grass, shrubs and trees. LANDSCAPING may include pedestrian walks, flower beds, trees, shrubs and ornamental objects such as fountains, statuary and other similar natural and artificial objects.
LATTICE AND ANTENNA TOWER. A framework or structure of crossed metal strips typically resting on three or more members constructed vertically to which antennas are affixed.
LIGHT TRESPASS. Light emitted by a lighting fixture that falls beyond the boundaries of the property on which the fixture is installed.
LIGHT, CUTOFF. An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 152.227.
LIGHT, NON-CUTOFF. An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 152.227.
LOADING SPACE. An off-street space on the same lot with a building, or a group of such buildings, and accessory buildings, or utilized for the principal use and accessory use.
LOT. A parcel of land that is part of a plat, legally recorded in the County Recorder’s Office, occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards and open spaces required in this chapter.
LOT COVERAGE. The portion of a lot that is covered by the principal and accessory building, structures and surfaces that prevent the passage or absorption of stormwater including paving and driveways (impervious surfaces).
LOT LINE, FRONT. The lot line, which is coterminous with the street right-of-way. A FRONT LOT LINE is generally parallel to or less than 45 degrees to the rear lot line. The FRONT LOT LINE is generally opposite the rear lot line except as may be identified in § 152.088(A).
LOT LINE, REAR. A lot line opposite a front yard. A REAR LOT LINE is generally parallel to or less than 45 degrees to the front street right-of-way line. See § 152.088(A).
LOT LINE, SIDE. A lot line generally extending perpendicular to the front and rear lot lines. The SIDE LOT LINE extends between the front lot line and the rear lot line. See § 152.088(A).
LOT LINES. The property lines bounding the lot.
LOT OF RECORD. A parcel of land, the dimensions of which are shown on a document or map filed with the County Recorder of Deeds, and which actually exists as so shown.
LOT WIDTH AT THE BUILDING SETBACK LINE. The horizontal distance between the side lot lines measured at the two points where the building line, or setback line, intersects the side lot lines. See § 152.088(A)(4).
LOT WIDTH AT THE STREET RIGHT-OF-WAY. The horizontal distance between the side lot lines measured along the street right-of way. See § 152.088(A)(4).
LOT, CORNER. A lot abutting upon two or more streets at their intersection or upon two parts of the same street, and in either case forming an interior angle of less than 135 degrees.
LOT, CUL-DE-SAC OR CURVED STREET. A lot with frontage along a curved street or cul-de-sac.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, FLAG. A lot that has limited frontage on a public street and where access to the public street is through a narrow strip of land.
LOT, INTERIOR. A lot that has a single street frontage, a rear lot line, and at least two side lot lines.
LOT, NON-CONFORMING. A vacant lot that does not meet the minimum lot width, street frontage and/or lot area requirements of the applicable zoning district.
MAIN USE. See definition of USE, PRINCIPAL under the broader definition of USE.
MAXIMUM EXTENT FEASIBLE. That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.
MEDICAL AND DENTAL OFFICES. Office or clinic uses concerned with the diagnosis, treatment and care of human beings. This definition does not include hospitals, skilled nursing facilities or personal care facilities.
MICRO WIRELESS FACILITY. A small cell facility that is not more than 24 inches in length, 15 inches in width and 12 inches in height and that does not have an exterior antenna more than 11 inches in length suspended on cable strung between wireless support structures.
MIXED USE BUILDING. A building that contains a commercial or office use and an attached residential use within a single building as provided for in this chapter.
MIXED USE DEVELOPMENT. A lot, tract or parcel of land with two or more different uses, including, but not limited to, residential, office, retail, public uses, personal service or entertainment uses, designed, planned and constructed as a unit.
MONOPOLE. A single, slender and typically cylindrical, vertical structure to which antennas or antenna support structures are affixed.
MOUND. A mound or landscaping berm formed as a result of human-made grading and/or excavation.
MUD. Mixed use development.
NAMEPLATE. A sign indicating only the name and/or address of the person, business or activity occupying the lot or the buildings.
NON-CONFORMITY. A use, lot, structure, building, sign or lighting that does not comply with the provisions of this Zoning Code. See also the definitions for USE, NON-CONFORMING, LOT OF RECORD, BUILDING, NON-CONFORMING AND STRUCTURE, NON-CONFORMING.
NUDE OR SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or semi-nudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons. A modeling class or studio is not a NUDE OR SEMI-NUDE MODEL STUDIO and is not subject to this chapter if it is operated in any of the following ways:
(a) By a college or university supported entirely or partly by taxation;
(b) By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation; or
(c) In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or semi-nudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at least three days in advance of the class and if not more than one nude or semi-nude model is on the premises at any one time.
NUDITY, NUDE or STATE OF NUDITY.
(a) The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(b) Regularly features or regularly shown means a consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the adult entertainment establishment.
O.A.C. The Ohio Administrative Code, as amended.
OCCUPY OR USE (WIRELESS COMMUNICATION). With respect to the right-of-way, to place a tangible thing in the right-of-way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining or operating lines, poles, pipes, conduits, ducts, equipment or other structures, appurtenances or facilities necessary for the delivery of public utility services or any services provided by a cable operator.
OFFICIAL ZONING MAP. The official zoning map of the village, as amended.
OHIO MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES or OMUTCD. The uniform system of traffic control devices promulgated by the State Department of Transportation.
OHIO RAPID ASSESSMENT METHOD. A multi-parameter qualitative index established by the Ohio Environmental Protection Agency to evaluate wetland quality and function.
OPEN SPACE. Any park or recreational facility where there is no material disturbance of the existing topographic contours of the land for any purpose, including, but not limited to, the construction of facilities, lighting or developing of ball fields except that passive parks, recreational facilities and OPEN SPACE may include the construction and use of trails and sidewalks.
OPEN SPACE RESIDENTIAL SUBDIVISION. A major subdivision, as defined and regulated by the county subdivision regulations (as amended thereto).
ORDINARY HIGH-WATER MARK. The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ORDINARY HIGH-WATER MARK defines the channel of a stream.
OSC. Open Space Conservation Overlay.
OUTDOOR DINING. Areas on sidewalks (public or private), patios or other unenclosed areas, excluding vehicular use areas, which are designated for outdoor seating where patrons may be served food and beverage for on-site dining.
OUTDOOR STORAGE AND DISPLAY. The seasonal storage and display of products or materials for sale outside of a retail or wholesale sales establishment.
OWNER. A person recorded as such on official real estate records and including duly authorized agent, purchaser, devisee and person having a vested or contingent interest in the property in question.
PARAPET or PARAPET WALL. The portion of a building wall that rises above the roof level.
PARCEL. A distinct portion or tract of land as is recorded and distinguished in the County Auditor’s property tax atlas. See also definition of LOT.
PARKING AISLE. The driveway or access drive by which a car enters and departs a parking space.
PARKING LOT. A facility 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 two vehicles.
PARKING SPACE. A designated parking area designed for one vehicle that is exclusive of drives, aisles or entrances giving access thereto.
PARKS, PLAYGROUNDS and GOLF COURSES (EXCEPT MINIATURE). Any park or recreational facility that requires grading of the land, construction of facilities, lighting or is developed for ball fields, tennis courts, golf courses, swimming pools, skate parks, disc golf and other similar outdoor facilities but not including miniature GOLF COURSES.
PERMANENTLY SITED MANUFACTURED HOUSING. Building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with applicable laws subject to the following:
(a) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(b) The structure was manufactured after January 1, 1995; and
(c) The structure is not located in a manufactured home park as defined in the state statutes.
PERSON. Any individual, corporation, government agency, government official, business trust, partnership, association, two or more persons having a joint interest or any other legal entity.
PERSONAL CARE. In addition to room and board, personal services such as help in walking and getting in and out of bed; assistance with bathing, dressing and feeding; preparation of a special diet; and supervision over medications which can be self-administered.
PERSONAL CARE FACILITY. A long-term or short-term residential facility that provides personal care. Such FACILITY shall not mean the same as institutions for human medical care, adult family homes or small residential facilities, or adult homes or large residential facilities.
PERSONAL SERVICE ESTABLISHMENTS. Establishments that are primarily engaged in providing services generally involving the care of the person or person’s possessions. PERSONAL SERVICES may include, but are not limited to, laundry and dry cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons and portrait studios.
PERSONAL WIRELESS SERVICES. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as defined by federal law.
PLANNING COMMISSION. The Village Planning Commission.
PLATTED RESIDENTIAL DEVELOP- MENT. A residential subdivision that has been subdivided and a plat has been formally recorded in the offices of the County Recorder.
PLAY SETS or TRAMPOLINES. Recreational equipment for children that may include, but is not limited to, small structures in trees, swings, slides, monkey bars, trampolines and play enclosures.
POLITICAL SIGN. A temporary sign advertising a political candidacy or issue.
POLLUTION. Any contamination or alteration of the physical, chemical or biological properties of any waters that will render the waters harmful or detrimental to public health, safety or welfare; domestic; commercial, industrial, agricultural, recreational or other legitimate beneficial uses; or livestock, wildlife, including birds, fish or other aquatic life.
PORCHES. A structure attached to a building, that may or may not have a roof, and is elevated above the ground, at its highest point, by at least 18 inches. PORCHES are not used as habitable space.
PORTABLE STORAGE UNITS. A portable structure or container that allows for storage of goods or materials, on or off-site and which is not permanently affixed to a foundation and that is related to the construction, renovation or rehabilitation of the building on which the site is located.
PRELIMINARY PLAN. A drawing of a major subdivision for the purpose of study and which, if approved, permits proceeding with the preparation of the final plat.
PRIVATE RECREATIONAL USES (OUTDOORS). Any outdoor commercial activity that is related to the entertainment or sports industry such as outdoor commercial swimming pools, driving ranges and similar activities. See also the definitions for PARKS, PLAYGROUNDS, AND GOLF COURSES (EXCEPT MINIATURE), COMMERCIAL ENTERTAINMENT OR RECREATION (INDOORS) and OPEN SPACE.
PRODUCE. Fresh fruits, vegetables and grain, grown for sale to the public.
PUBLIC HEARING. A meeting open to the public advertised in advance in the local printed media, or as otherwise required by statute, concerning proposed resolutions, amendments or other official village business which require public participation and input.
PUBLIC UTILITY or UTILITY. A facilities-based provider of wireless service to one or more end users in this state, or any company described in R.C. § 4905.03 and as further defined in R.C. § 4905.02, including, but not limited to, the following types of companies: telephone, electric light, gas, natural gas, pipelines, water works and sewage disposal systems.
QUASI-PUBLIC, FRATERNAL OR SERVICE FACILITIES. A building or portion thereof or premises owned or operated by a corporation, association or group of persons for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit which is customarily carried on as a business.
QUORUM. The minimum number of members that must be present in order to conduct official business or take official action.
R.C. The Ohio Revised Code, as amended.
RECESSED CEILING FIXTURE. An outdoor lighting fixture recessed into a canopy ceiling so that the bottom of the fixture is flush with the ceiling.
REINFORCED TURF. Grass grown on a special membrane that is laid over a prepared bedding layer that includes a sub-base designed specifically to support the temporary parking of motor vehicles while having the appearance of a turf lawn.
RESEARCH AND DEVELOPMENT FACILITIES. An establishment or facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Such establishment shall not include the manufacturing or assembly of products beyond the development of prototype systems or products. All activities shall take place within an enclosed building.
RESIDENTIAL FACILITY. A home or facility, as defined and regulated in the state statutes, in which an intellectually or developmentally disabled person resides, except the home of a relative or legal guardian in which an intellectually or developmentally disabled person resides, a respite care home certified under the state statutes, a county home or district home operated pursuant to the state statutes, or a dwelling in which the only intellectually or developmentally disabled residents are in an independent living arrangement or are being provided supported living. See also ADULT FAMILY HOME and ADULT GROUP HOME.
RESIDENTIAL FACILITY, LARGE. A residential facility where there is supervision in a family setting of nine to 16 unrelated persons.
RESIDENTIAL FACILITY, SMALL. A residential facility where there is supervision in a family setting of six to eight unrelated persons.
RESTAURANTS and TAVERNS.
(a) RESTAURANT. An establishment with table service whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings or in non-disposable containers; provided that no drive-through window is permitted. For the purposes of this definition, a RESTAURANT shall not include any drive-in or carry-out services unless a drive-through facility is permitted as an accessory use.
(b) TAVERN. An establishment providing or dispensing, for on-site consumption, any fermented malt beverage, malt beverage, special malt, vinous or spirituous liquors. The sale of food products including, but not limited to, sandwiches and light snacks may be a secondary use to the service of the aforementioned drinks.
RETAIL COMMERCIAL USES. Establishments primarily engaged in the sale of goods and materials to the general public. RETAIL COMMERCIAL USES may include, but are not limited to, bookstores, antique stores, convenience stores, bakeries, grocery stores and other similar uses.
RIGHT-OF-WAY. The surface of and the space above and below the paved or unpaved portions of any public street, public road, public highway, public freeway, public lane, public path, public bike path, public way, public alley, public court, public sidewalk, public boulevard, public parkway, public drive and any other land dedicated or otherwise designated for the same now or hereafter held by the village. A RIGHT-OF-WAY shall include those lands within its proper use and meaning in the sole opinion of the Village Engineer, entitle a permittee, in accordance with the terms hereof and of any right-of-way permit, to the use thereof for the purpose of installing or operating any poles, wires, cables, transformers, conductors, ducts, lines, mains, conduits, vaults, manholes, amplifiers, appliances, attachments or other property, infrastructure or facilities as may be ordinarily necessary and pertinent to the provision of utility, cable television, communications or other services as set forth in any service agreement or any right-of-way permit. RIGHT-OF-WAY shall not include private easements.
RIGHT-OF-WAY FEE. A fee levied to recover the costs incurred by the village and associated with the occupancy or use of right-of-way.
RIGHT-OF-WAY PERMIT, NON- RESIDENTIAL. A permit issued by the village that must be obtained in order to perform any work in, on, above, within, over, below, under or through any part of the public right-of-way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public right-of-way.
RIGHT-OF-WAY PERMIT, SMALL CELL. A small cell facility or wireless support structure right-of-way occupancy permit as further defined in § 152.175.
RIPARIAN AREA. A transitional area between flowing water and terrestrial ecosystems, which provides a continuous exchange of nutrients and woody debris between land and water. This AREA is at least periodically influenced by flooding. RIPARIAN AREAS, if appropriately sized and managed, help to stabilize banks, limit erosion, reduce flood size flows and/or filter and settle out runoff pollutants or perform other functions consistent with the purposes of this chapter.
RIPARIAN SETBACK. The area set back from each bank of a stream to protect the riparian area and stream from impacts of development, and stream side residents from impacts of flooding and land loss through erosion; RIPARIAN SETBACKS are those lands within the county that fall within the area defined by the criteria set forth in this chapter.
SALES OFFICES AND SHOWROOMS. Office or retail space designed to provide an area to demonstrate or show certain goods and materials that are large-scale or not necessarily a component of typical retail commercial uses including, but not limited to, kitchen showrooms, plumbing supply sales, appliance showrooms, office furniture supplies and the like. Such term shall not include buildings, structures or lots used for the sale of vehicles.
SATELLITE DISH. A parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.
SCREEN or SCREENING. A visual shield between uses accomplished by the use of berms, landscaping, walls or other aesthetic means.
SEASONAL AGRICULTURAL SALES. A temporary structure or vehicle used in the sale of agricultural products such as fruits, vegetables and juices where such facilities may sell agricultural products not grown on site. SEASONAL SALES, including the sale of such items as trees, pumpkins, seasonal produce and similar agricultural products, which may be permitted on a temporary basis pursuant to § 152.211.
SEASONAL COVER. A temporary shelter for items including, but not limited to, firewood, equipment, motor vehicles, recreational vehicles and similar items, where such items are stored or parked for a temporary period of time or season.
SEMI-NUDE or STATE OF SEMI-NUDITY. A state of dress in which opaque clothing covers not more than the genitals, pubic region and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
SERVICE COMMERCIAL USES. Establishments that primarily engage in rendering services to businesses including, but not limited to, printers, equipment rental, protective services, mailing, photo finishing and other similar uses.
SETBACK. The minimum distance a building or structure must be built from a lot line or road right-of-way as defined further in § 152.088.
SETBACK LINE. The line created when applying the required setback distance to a lot.
SETBACK, FRONT. The minimum distance required between a building, structure or improvement and the front lot line.
SETBACK, REAR. The minimum distance required between a building, structure or improvement and the rear lot line.
SETBACK, RIPARIAN. The area set back from the ordinary high water mark of a stream to protect the riparian area and stream from impacts of development, and stream side residents from impacts of flooding and land loss through erosion. RIPARIAN SETBACKS are those lands within the village that fall within the area defined by the criteria set forth in this chapter.
SETBACK, SIDE. The minimum distance required between a building, structure or improvement and a lot that is shared with another lot where such lot line is defined as a SIDE LOT LINE.
SEXUAL ENCOUNTER ESTAB- LISHMENT.
(1) A business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:
(a) Two or more persons may congregate, associate or consort for the purpose of engaging in specified sexual activities; or
(b) Two or more persons appear nude or semi-nude for the purpose of displaying their nude or semi-nude bodies for their receipt of consideration or compensation in any type or form.
(2) An ESTABLISHMENT where a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated by the state statutes, is not a SEXUAL ENCOUNTER ESTABLISHMENT.
SEXUALLY ORIENTED BUSINESSES. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated by the state statutes, is not an SEXUALLY ORIENTED BUSINESS. A SEXUALLY ORIENTED BUSINESS does not include a nude or semi-nude model studio.
SHORT-TERM RENTAL. The conditional or permitted use of all or part of a dwelling unit, by rental or short-term occupancy for dwelling, sleeping or lodging. SHORT-TERM RENTALS include the arrangement of such rental by the owner through a booking agent in connection with Airbnb or similar internet sites, any other type of advertising or notification, or similar agreement.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems emerging from the ground, or small branches near the ground. SHRUBS may be deciduous or evergreen.
SIDEWALK. A pedestrian walkway within a right-of-way of a public street but not on the street surface.
SIGN. Any object, device, display or structure or part thereof situated outdoors or adjacent to the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
SIGN AREA. The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to § 152.298.
SIGN HEIGHT. The vertical distance measured from the lowest adjacent grade to the highest point of the sign or sign structure. See § 152.298.
SIGN PERMIT. A certificate where the Zoning Inspector has the authority to make a decision on the application in accordance with § 152.053.
SIGN, ABANDONED. A sign or sign structure which no longer correctly directs any activity conducted or product available on the premises where such sign is displayed.
SIGN, A-FRAME. A sign consisting of two hinged boards that hang front and back, with the hinge at the top or along the side.
SIGN, ANIMATED OR MOVING. Any sign or part of a sign which changes physical position by any movement or rotation or which gives visual impression of such movement or rotation.
SIGN, AWNING OR CANOPY. Any sign that is painted on, part of or attached to an awning, canopy or other fabric, plastic or structural protective cover over a door, entrance, window or outdoor service area identifying the name of the owner and business, industry or any activity conducted within the premises.
SIGN, CHANGEABLE COPY. A sign such as a bulletin board, announcement board or electronic message center, where the message or graphics is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over by electronic or mechanical devices or other means.
SIGN, FEATHER. A long sign generally made of fabric and supported by a single pole with the shape of a feather.
SIGN, FLASHING. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted intermittent light source.
SIGN, GROUND-MOUNTED MON- UMENT. Any permanent or temporary sign placed on the ground or attached to a supporting structure (not on poles or pylons) and not attached to any building.
SIGN, HANGING. A sign attached to a building and extending perpendicular from the building wall.
SIGN, HIGH-RISE. A sign that is supported from the ground by poles or other types of supports that exceed four feet in height.
SIGN, ILLEGAL. Any sign which is contrary to the requirements of this chapter.
SIGN, NON-CONFORMING. Any sign lawfully existing on the effective date of this chapter, which does not conform to all the standards and regulations of this chapter, as amended.
SIGN, OFF-PREMISES. Any sign, including billboards, that advertises or otherwise directs attention to an activity not on the same parcel where the sign is located.
SIGN, ON-PREMISES. A sign, which advertises or otherwise directs attention to an activity on the same parcel where the sign is located.
SIGN, PERMANENT. A sign permitted by this chapter to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
SIGN, PORTABLE (DAISY SIGNS). A sign not permanently affixed to the ground, building or other structure, which may be moved from place to place, including, but not limited to, signs designed to be transported by means of wheels, and signs attached to or painted on a vehicle parked and visible from the public right-of-way, unless such vehicle is used in the day-to-day operations of a business.
SIGN, ROOF. Any sign erected, constructed, mounted or maintained upon or over the roof or parapet wall of a building and having its principal support on the roof or parapet walls of the building.
SIGN, SNIPE. A sign that is tacked, nailed, posted, pasted, glued or otherwise attached to trees, poles, stakes, fences or to other objects.
SIGN, TEMPORARY. A sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, attached to a structure, or installed in the ground.
SIGN, WALL. A sign fastened to the wall of a building or structure (such as a fence or wall) in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 18 inches from such building or structure. On a WALL SIGN, the exposed face of the sign is in a plane parallel to the plane of said wall or structure.
SIGN, WINDOW. A sign that is applied or attached to the glass of a window or door, or located inside a building within three feet of a window so that the sign is visible and capable of being read from the outside of the building.
SITE. Any lot, plot or parcel of land or combination of contiguous lots or parcels of land.
SITE DEVELOPMENT. The improvement of a site in accordance with an approved site plan and zoning certificate including construction of buildings and structures and the rearrangement of land surface.
SITE PLAN. The proposed layout of a lot showing all elements of the site development as well as utility and drainage lines, and existing buildings, structures, trees and vegetation to remain.
SKILLED NURSING. In addition to room and board, those nursing services and procedures employed in caring for the persons who require training, judgment, technical knowledge and/or skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions and prescriptions of the attending physician or surgeon.
SKILLED NURSING FACILITY. A residential facility that provides skilled nursing. Such FACILITY shall not mean the same as institutions for human medical care, adult family homes or small residential facilities, or adult homes or large residential facilities.
SMALL CELL DESIGN GUIDELINES. Those detailed design guidelines, specifications and examples promulgated by the Village Engineer for the design and installation of small cell facilities and wireless support structures in the right-of-way, which are effective insofar as they do not conflict with FCC rules and regulations established in § 152.175.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(a) Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume; and
(b) All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches and vertical cable runs for the connection of power and other services.
SMALL CELL FACILITY OPERATOR or OPERATOR. A wireless service provider, or its designated agent, or cable operator, or its designated agent, or a video service provider, or its designated agent that operates a small cell facility and provides wireless service as defined herein. For the purpose of this chapter, OPERATOR includes a wireless service provider, cable operator or a video service provider that provides information services as defined in the Telecommunications Act of 1996, 47 U.S.C. § 153(24), and services that are fixed in nature or use unlicensed spectrum.
SMALL WIND ENERGY CONVERSION SYSTEM (SWECS). A wind energy conversion system consisting of a wind turbine, tower and associated control or conversion electronics that generates power for an individual property for the purpose of reducing on-site energy consumption with a rated nameplate capacity of 100 kW or less. This includes, but is not limited to, storage, electrical collection and supply equipment, and transformers. Excess electrical power generated, and not presently needed for onsite use, may be utilized by the applicable utility company. The following are the definitions for the three types of systems permitted in the village.
(a) BLADE TIP POWER SYSTEM TURBINES (BTPS). A wind turbine system that is somewhat similar in appearance to the HAWT system but where there is no gear or turbine shaft at the center of the system. The energy is generated from the blade tips rather than the traditional central gear box of a HAWT.
(b) HORIZONTAL AXIS WIND TURBINES (HAWT). A wind turbine system that is typically mounted to a pole where the rotating shaft of the turbine (e.g., motor shaft) is parallel to the ground and the blades are perpendicular to the ground.
(c) VERTICAL AXIS WIND TURBINES (VAWT). A wind turbine system where the rotating shaft of the turbine is perpendicular to the group and the cups or blades rotate parallel to the ground.
SNOW FENCE. A temporary fence designed to prevent or minimize the drifting of snow across certain areas of a lot.
SOIL AND WATER CONSERVATION DISTRICT (SWCD). An entity organized under R.C. Chapter 940 referring to either the Soil and Water Conservation District Board or its designated employees, hereinafter referred to as the County SWCD.
SOIL DISTURBING ACTIVITY. Clearing, grading, excavating, filling or other alteration of the earth’s surface where natural or human-made ground cover is destroyed, and which may result in, or contribute to, erosion and sediment pollution.
SOLAR PANELS. Structures designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.
SPECIFIED ANATOMICAL AREAS. Human genitals.
SPECIFIED SEXUAL ACTIVITIES. Human genitals in a state of sexual stimulation or arousal: acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus or fellatio; and/or fondling or other erotic touching of human genitals, pubic regions, buttocks or female breasts.
STACKING SPACE OR LANE. A lane or area that is specifically designated for cars to queue while utilizing drive-up or drive-through services at uses that may include, but are not limited to, restaurants and financial institutions.
STAND-ALONE BASKETBALL HOOP. A basketball hoop and backboard that are not attached to a structure.
STATE. The State of Ohio.
STATIC SIGN CHANGE. A change of messages that does not involve any movement or animation other than an almost instantaneous change from one message to another message. A STATIC SIGN CHANGE does not include any transition or animation in the change of the message that may have the appearance of fading in or out, sliding in from the side, rotating and the like.
STORMWATER POLLUTION PRE- VENTION PLAN (SWPPP). The plan which describes all the elements of the stormwater strategy implemented during and after construction. The PLAN addresses erosion control and stormwater runoff quality.
STORMWATER QUALITY TREATMENT. The removal of pollutants from urban runoff and improvement of water quality, accomplished largely by deposition and utilizing the benefits of natural processes.
STORY. The portion of a building included between the surface of any floor and the surface of the next floor above it or if there is no floor above it than the space between the floor and the ceiling next above it.
STORY, HALF. A space under sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
STREAM. A surface watercourse with a well defined bed and bank, either natural or artificial, which confines and conducts continuous or periodical flowing water, as defined by the state statutes, in such a way that terrestrial vegetation cannot establish roots within the channel.
STREAM CENTERLINE. The point or series of points along a stream located exactly halfway between the ordinary high water marks on either side of the stream. The ordinary high water mark is the point on the bank or shore up to which the presence and action of the water is so continuous as to leave a distinct mark either by erosion, destruction of terrestrial vegetation or other easily recognized characteristic.
STREAMBANK. The ordinary high water mark of the stream or river, otherwise known as the bank full stage of the stream or river channel. Indicators used in determining the bank-full stage may include changes in vegetation, slope or bank materials, evidence of scouring and stain lines.
STREET FRONTAGE. See definition of FRONTAGE, STREET.
STREET, PRIVATE. A street or roadway that has not been dedicated for public use or accepted by the Village Council and is not maintained by the village.
STREET, PUBLIC. A publicly dedicated or owned right-of-way constructed to the Village Engineer’s standards, intended or used for vehicular and pedestrian movement, and, except where limited or controlled access, affording the principal means of access to abutting properties.
STREETSCAPE BUFFER. A strip of landscaped area located on private property that runs parallel and adjacent to the applicable street.
STRUCTURAL ALTERATION. Any change, other than incidental repairs, which would prolong or modify the life of the supporting members of a building, such as bearing walls, columns, beams, girders or foundations.
STRUCTURAL LAWN. An area of land intended to be used for temporary or seasonal parking with structural plastic or concrete pavement materials under the surface, allowing for the growth of grass through the pavement material, having the appearance of a vegetated lawn.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. All buildings are considered STRUCTURES.
STRUCTURE, ACCESSORY. A structure (including buildings but not fences) that is accessory and incidental to the principal building.
STRUCTURE, NON-CONFORMING. A structure where the use is permitted in the applicable zoning district but the structure does not meet the setbacks, development standards, site development standards or other dimensional or numerical standards for the applicable district.
SWIMMING POOL. A structure, whether above or below grade level, designed to hold water more than 18 inches deep with a total surface area exceeding 100 square feet, that is designed to be used for personal recreation (private swimming pool) or as a recreational amenity to a larger development (community swimming pool).
TELECOMMUNICATIONS. The technology permitting the passage of information from the sender to one or more receivers in a usable form by means of an electromagnetic system and includes the term “personal wireless services.”
TEMPORARY SPECIAL EVENTS. A temporary use on private property that is not usual or customary for that property and the zoning district in which the subject property is located (e.g., festivals, circuses and other temporary events).
TEMPORARY STRUCTURE FOR PUBLIC OR INSTITUTIONAL USES. A temporary structure that is related and incidental to a use within the institutional use classification that may include temporary classrooms or storage facilities.
TEMPORARY TENT. Any structure used for living or sleeping purposes, or for sheltering a public gathering constructed wholly or in part from canvas, tarpaulin or other similar materials.
THEATER AND ASSEMBLY HALLS. A building or part thereof used for housing dramatic presentations, stage entertainments, motion picture shows or other assemblies of people.
TOLLING OR TOLL PERIOD. The pausing or delaying of the running of a required time period.
TOWER. Any ground or roof mounted pole, spire, structure or combination thereof taller than 15 feet, including support lines, cables, wires, braces and masts, intended primarily for the purpose of mounting an antenna, meteorological device or similar apparatus above grade.
TREE, CANOPY. A tree that has an expected height at maturity greater than 40 feet and which produces significant shade because it has a crown that is oval, round, vase-shaped or umbrella-shaped.
TREE, DECIDUOUS. Generally, a tree that loses all of its leaves for part of the year. Sometimes called a broad-leaf tree or a hardwood tree.
TREE, EVERGREEN. A tree with foliage that is not dropped, or that remains green throughout the year.
TREE, ORNAMENTAL. A small to medium tree with an expected height of 20 feet at maturity and that is planted for aesthetic purposes such as colorful flowers, interesting bark or fall foliage.
TREE, UNDERSTORY. A tree that would occupy the understory of a forest in a natural ecological situation. These types of trees are often referred to as ornamental trees. Examples include redbud, hazel, alder, holly, hornbeam, dogwood, witch-hazel and the like.
TYPE-B DAY CARE HOMES (ONE TO SIX CHILDREN). A permanent residence of the provider in which child day care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the TYPE-B DAY CARE HOME shall be counted. TYPE-B DAY CARE HOMES do not include homes where all of the children being cared for are siblings and the residence is the home of the siblings. TYPE-B DAY CARE HOMES do not include any child day camp as defined in the state statutes.
UNENCLOSED PATIOS. Uncovered, non-enclosed outdoor hard surfaced areas that are no higher than 18 inches above the ground.
URGENT CARE CLINIC. A medical facility, other than an institution for human medical care or medical or dental office, where medical, mental health and other personal health services are provided on an outpatient basis from on-site staff on an as-needed, basis. Such CLINICS differ from medical or dental offices in that doctors do not treat patients on a long-term, repeat basis but instead, treat short-term illnesses or medical issues.
USE. A purpose for which land, a building, lot, sign or other structure is arranged, intended, designed, constructed, used, occupied or maintained.
USE, ACCESSORY. A use or building on the same lot with, and of a nature customarily incident and subordinate to, those of the main use or building.
USE, CONDITIONAL. A use permitted within a district only with a CONDITIONAL USE permit approval from the Planning Commission. See § 152.055.
USE, NON-CONFORMING. A use that lawfully occupied a building or land until the effective date of this chapter, or amendments thereto, and that does not conform to the use regulations of the applicable zoning district.
USE, PRINCIPAL. The principal use to which the premises are devoted and the primary purpose for which the premises exist.
USE, TEMPORARY. A use or building permitted to exist during periods of construction of the main building or use, or for special events, but not inhabitable.
UTILITY POLE. A structure that is designed for, or used for the purpose of, carrying lines, cables or wires for electric or telecommunications service. UTILITY POLE excludes street signs and decorative poles.
VARIANCE. A deviation from the requirements of this chapter that is approved, approved with condition or denied by the BZA in accordance with § 152.056.
VEHICLE. Any contrivance that is used in the public or private transportation of one or more persons, is used in the transportation of goods over public or private property on roadways or is used in a commercial or agricultural enterprise. A contrivance that is designed to be pushed, pulled or towed by any self-propelled vehicle is considered a VEHICLE.
VEHICULAR USE AREA. Any paved ground surface area, except public rights-of-way, used by any type of vehicle, whether moving or at rest for the following purposes, but not limited to driving, parking, loading, unloading, storage or display.
VIDEO SERVICE PROVIDER. A person granted a video service authorization under R.C. §§ 1332.21 to 1332.34.
VIEW SHED. The area that is visible from a specific view point.
VILLAGE. The Village of Clinton, Summit County, Ohio.
VILLAGE HALL. The village offices located at 7871 Main Street, Clinton, Ohio 44216.
WALL. A structure that serves to screen an area, enclose an area or separate two spaces that has a height and length greater than its thickness and that is constructed of stone, a masonry material or similarly solid material. See also the definition of FENCE OR WALL, RETAINING.
WALL, RETAINING. A structure that holds back soil or rock from a building, structure or area. RETAINING WALLS prevent downslope movement or erosion and provide support for vertical or near-vertical grade changes.
WATERCOURSE. A natural or artificial waterway, such as a stream or river, with a defined bed and channel and a definite direction of course that is contained within, flows through or borders the community.
WATERSHED An area of land that drains into a particular watercourse, usually divided by topography.
WETLAND. An area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs and similar areas. The three criteria that must exist on a site for an area to be designated a wetland are hydric soils, hydrophytic vegetation and WETLAND hydrology.
WING WALL. A wall secondary in scale projecting from a primary wall and not having a roof.
WIRELESS FACILITY.
(a) Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
1. Equipment associated with wireless communications; and
2. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
(b) The term includes small cell facilities.
(c) The term does not include any of the following:
1. The structure or improvements on, under or within which the equipment is collocated; or
2. Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
WIRELESS SERVICE. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities.
WIRELESS SERVICE PROVIDER. A person who provides wireless service as defined herein.
WIRELESS SUPPORT STRUCTURE. A pole, street light pole, traffic signal pole, a 15-foot or taller sign pole, or utility pole capable of supporting small cell facilities, excluding decorative poles, utility poles or other facilities used to supply traction power to public transit systems, including railways, trams, streetcars and trolley buses.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATIONS TOWER. A tower including, but not limited to, self-supporting lattice or monopole, which elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment.
WIRELINE BACKHAUL FACILITY. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable or any other wire.
YARD. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
YARD, FRONT. A yard extending across the full width of a lot and being the distance between the street right-of-way and the nearest wall of the principal building. Where the right-of-way line is not established, the right-of-way shall be assumed to be 60 feet.
YARD, REAR. A yard extending across the full width of a lot between the side lot lines and being the distance between the rear lot line and the nearest wall of the principal building. On corner lots, the REAR YARD shall be considered parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the REAR YARD shall be, in all cases, at the opposite end of the lot from the front yard.
YARD, REQUIRED. The minimum yard required between a lot line and the building line in order to comply with the regulations of the district in which the zoning lot is located.
YARD, SIDE. A yard between the principal building and the side lot line, extending from the front yard to the rear yard.
ZONING CERTIFICATE. A certificate where the Zoning Inspector has the authority to make a decision on the application in accordance with § 152.052.
ZONING DISTRICT. A section or sections of the incorporated territory of the village for which regulations governing the use of buildings and premises, the height of buildings, development standards, yards, lot areas and other standards are uniform.
ZONING DISTRICT, BUSINESS. The B-1, B-2 and I-1 Districts are considered BUSINESS ZONING DISTRICTS for the purposes of this chapter unless otherwise specified.
ZONING DISTRICT, RESIDENTIAL. The CD, R-1, R-2 and R-3 Districts are considered RESIDENTIAL ZONING DISTRICTS for the purposes of this chapter unless otherwise specified.
ZONING INSPECTOR. The Zoning Inspector, his or her assistants, or any other person designated by Village Council to perform the statutory duties of the Zoning Inspector.
ZONING MAP. The zoning districts map of the village.
ZONING MAP AMENDMENT. An amendment or change to the official zoning map of the village, reviewed and approved by Village Council in accordance with § 152.054.
ZONING TEXT AMENDMENT. An amendment or change to the text of this chapter reviewed and approved by Village Council in accordance with § 152.054.
(Prior Code, § 1105.03) (Ord. O-18-20, passed 11-20-2018)