In the construction of this Zoning Ordinance, the word interpretations and definitions contained in this section shall be observed and applied, except when the context clearly indicates otherwise.

   (a)   Words used in the present tense shall include the future tense.

   (b)   Words used in the singular number shall include the plural and the plural singular.

   (c)   The word "shall" is mandatory and not discretionary.

   (d)   The word "may" is permissive.

   (e)   The word "lot" shall include the words "parcel", "plot" and "tract".

   (f)   The phrase "used for" shall include the phrases "arranged for", "designed for", "intended for", and "occupied for".

(Ord. 98-12. Passed 4-7-98.)

   "Abutting" means having property or district lines in common. Lots are also considered to be abutting if they are directly opposite each other and separated by a street or alley.

(Ord. 98-12. Passed 4-7-98.)

   "Access" means a way of approaching or entering a property. Access also includes ingress, the right to enter, and egress, the right to leave.

(Ord. 98-12. Passed 4-7-98.)

   "Accessory building or use" means a building or use not including signs, which is:

   (a)   Conducted or located on the same zoning lot as the principal building or use served, except as may be specifically provided elsewhere in this Zoning Ordinance.

   (b)   Clearly incidental to, subordinate in area and purpose to, and serving the principal building and/or use; and

   (c)   Either in the same ownership as the principal use or clearly operated and maintained solely for the comfort, convenience, necessity, or benefit of the occupants, employees, customers, or visitors of or to the principal use.

(Ord. 98-12. Passed 4-7-98.)

   "Adult oriented business" means an adult arcade, adult bookstore, adult novelty shop, adult video arcade, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, massage parlor, sexual encounter establishment, escort agency, nude model studio or similar establishments.

(Ord. 98-12. Passed 4-7-98.)

   "Alley" means a public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage is on a street and is not intended for general or through traffic.

(Ord. 98-12. Passed 4-7-98.)

   "Apartment (dwelling unit)" means a room or suite of rooms intended for use as a residence by a single household or family (i.e., dwelling unit). Such dwelling unit may be located in an apartment house, duplex, or as an accessory use in a single family home or a commercial building.

(Ord. 98-12. Passed 4-7-98.)

   See Dwelling, Multi-Family.

(Ord. 98-12. Passed 4-7-98.)

   "Automobile service station (gas station)" means any building or land used for dispensing, sale of or offering for sale at retail any automobile fuels along with accessories such as lubricants or tires, and packaged food for the traveling public. Car washing, mechanical and electrical repairs, and tire repairs shall only be performed incidental to the conduct of the service station and shall be performed indoors. Incidental activities shall not include tire retreading.

(Ord. 98-12. Passed 4-7-98.)

   "Boarding house" means a building other than a hotel or motel where, for compensation, meals are served and lodging is provided.

(Ord. 98-12. Passed 4-7-98.)

   "Buffer" means a fence, wall, hedge, or other planted area or device used to enclose, screen, or separate one use or lot from another.

(Ord. 98-12. Passed 4-7-98.)

   "Building" means any structure enclosed and isolated by exterior walls constructed or used for residence, business, industry or other public or private purposes, or accessory thereto, and including tents, lunch wagons, dining cars, trailers, mobile homes, and attached or unattached carports consisting of a roof and supporting members, and similar structures whether stationary or movable.

(Ord. 98-12. Passed 4-7-98.)

   "Building, height of" means the vertical distance from the average sidewalk grade or street grade or finished grade at the building line, whichever is the highest, to the highest point of the building.

(Ord. 98-12. Passed 4-7-98.)

   "Building, principal (main)" means a building in which is conducted the principal use of the plot on which it is situated.

(Ord. 98-12. Passed 4-7-98.)

   "Building setback line" means a line measured parallel to the front property line in front of which no structure shall be erected.

(Ord. 98-12. Passed 4-7-98.)

   "Canopy, marquee or awning" means any roof-like structure extended over a sidewalk or walkway.

(Ord. 98-12. Passed 4-7-98.)

   "Certificate of Occupancy" means the official certification that a premises conforms to provisions of the Zoning Ordinance (and Building Code) and may be used or occupied. Such a certificate is granted for new construction or for alterations or additions to existing structures or a change in use. Unless such a certificate is issued, no structure or land should be occupied or used.

(Ord. 98-12. Passed 4-7-98.)

   "Club or lodge (private nonprofit, civic or fraternal)" means a nonprofit association of persons, who are bona fide members paying dues, which owns, hires, or leases a building, or portion thereof; the use of such premises being restricted to members and their guests.

(Ord. 98-12. Passed 4-7-98.)

   "Conditional use" means a use, which because of its unique characteristics, cannot be properly classified as a permitted use in a particular zoning district without review by the Planning Commission and Village Council. See Chapter 1165.

(Ord. 98-12. Passed 4-7-98.)

   "Convalescent home (nursing home)" means an institution, which is advertised, announced, or maintained for the express or implied purpose of providing nursing or convalescent care for persons unrelated to the licensee. A convalescent home is a home for chronic or nursing patients who, on admission, are not as a rule, acutely ill or who do not usually require special facilities, such as an operating room, X-ray facilities, laboratory facilities, and obstetrical facilities.

(Ord. 98-12. Passed 4-7-98.)

   "Day care facilities" means any place in which day care is provided on a regular basis for more than four (4) hours per day for more than five (5) children or adults, wherever operated and whether or not operated for compensation, except that the following are not included: public schools; non-public schools whether or not accredited by the Ohio State Board of Education, which regularly and exclusively provide a course of grade school instruction to children who are of public school age; summer camps having children in full-time residence; summer day camps; and Bible Schools normally conducted during vacation periods. Incidental facilities for the preparation and consumption of meals, rest and recreation may be included.

(Ord. 98-12. Passed 4-7-98.)

   "Development plan" means a conceptual plan of a proposed project which would require a change or amendment to the Zoning Ordinance. See Chapter 1153.

(Ord. 98-12. Passed 4-7-98.)

   "Dish antenna(or Earth station)" means an accessory structure capable of receiving, for the sole benefit of the principal use, radio or television signals from a transmitter or a transmitter relay located in planetary orbit.

(Ord. 98-12. Passed 4-7-98.)

   "Dwelling unit" means a building or portion thereof designed, arranged, or used for residential purposes for one-family, with facilities that are used, or intended to be used for living, sleeping, cooking and eating. The term shall not be deemed to include a manufactured home, mobile home, house trailer, motel, hotel, tourist home, or structures designed for transient residents.

(Ord. 98-12. Passed 4-7-98; Ord. 2008-27. Passed 12-30-08.)

   "Dwelling, duplex" means a building containing two (2) dwelling units, attached either vertically or horizontally, other than where a second dwelling unit is permitted as an accessory use.

(Ord. 98-12. Passed 4-7-98.)

   "Dwelling, multi-family" means a building containing three (3) or more dwelling units, except where permitted as an accessory use. Each unit is provided with an individual entrance. This may include condominiums, townhouses and apartments.

(Ord. 98-12. Passed 4-7-98.)

   "Dwelling, single-family" means a building containing one dwelling unit only.

(Ord. 98-12. Passed 4-7-98.)

   "Family" means one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel, as herein defined.

(Ord. 98-12. Passed 4-7-98.)

   "Floor area, gross" means the sum of the gross horizontal areas of the several floors of the building.

(Ord. 98-12. Passed 4-7-98.)

   "Garage, private" means a building used as an accessory to or a part of the main building permitted in any residential district, and providing for the storage of motor vehicles.

(Ord. 98-12. Passed 4-7-98.)

   "Home care unit" means a facility meeting all the requirements of the State of Ohio for boarding and care of not more than five (5) persons who are not critically ill and do not need professional medical attention.

(Ord. 98-12. Passed 4-7-98.)

   "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on by the inhabitants thereof which is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. The office of a physician is hereunder included. Clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes and animal hospitals shall not be deemed a home occupation.

(Ord. 98-12. Passed 4-7-98.)

   "Inoperative vehicle" means any vehicle, designed to be self-propelled, which by virtue of broken or missing component parts, is no longer capable of self-propulsion. For the purpose of this Zoning Ordinance, any vehicle which is not registered with the Ohio Bureau of Motor Vehicles and does not have a current Ohio motor vehicle registration license affixed to it shall be considered inoperative.

(Ord. 98-12. Passed 4-7-98.)

   "Junk yard" means any area, in whole or in part, where waste or scrap materials are bought, sold, exchanged, stored, baled, packaged, disassembled, or handled, including but not limited to, scrap iron, and other metals, paper, rags, vehicles, rubber tires, and bottles. A "junk yard" includes an auto wrecking yard, but does not include uses established entirely within enclosed buildings.

(Ord. 98-12. Passed 4-7-98.)

   "Lot" means a parcel of land occupied or intended for occupancy by a main building or group of main buildings and accessory buildings, together with such yards, open spaces, lot width and lot area as required by this Zoning Ordinance, and having not less than the minimum required frontage upon a street, either shown on a plat of record, or considered as a unit of property and described by metes and bounds. For the purposes of this Zoning Ordinance, the word "lot" shall be taken to mean any number of contiguous lots or portions thereof, upon which one or more main structures for a single use are erected or are to be erected.

(Ord. 98-12. Passed 4-7-98.)

   "Lot, interior" means a lot other than a corner lot.

(Ord. 98-12. Passed 4-7-98.)

   "Lot, through" means an interior lot having frontage on two (2) streets.

(Ord. 98-12. Passed 4-7-98.)

   "Lot depth" means the mean horizontal distance between the front and rear lot lines. However, for the purpose of meeting the intensity of use regulations of this Zoning Ordinance, the lot depth shall be deemed to be the mean horizontal distance between the street line and the rear lot line.

(Ord. 98-12. Passed 4-7-98.)

   "Lot line" means the line bounding a lot.

(Ord. 98-12. Passed 4-7-98.)

   "Lot width" means the straight line distance between the points where the building setback line intersects the two (2) side lot lines.

(Ord. 98-12. Passed 4-7-98.)

   "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of this County; or a parcel of land, the deed to which was of record on or prior to the effective date of this Zoning Ordinance. For the purpose of these regulations, any preliminary plan of a subdivision which has been approved by official action of the Village Council of Doylestown, Ohio prior to the date upon which this Zoning Ordinance becomes effective, shall have the same status as if the subdivision plan were officially recorded.

(Ord. 98-12. Passed 4-7-98.)

   "Manufactured home" means a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.

(Ord. 2008-27. Passed 12-20-08.)

   "Mobile home" means a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home or as an industrialized unit as defined in Ohio R.C. 3781.06.

(Ord. 98-12. Passed 4-7-98; Ord. 2008-27. Passed 12-30-08.)

   (EDITOR'S NOTE: This section was repealed by Ord. 2008-27, passed 12-30-08.)

   "Nonconforming lot" means a lot existing at the effective date of this Zoning Ordinance or any amendment to it (and not created for the purpose of evading the restrictions of this Zoning Ordinance) that cannot meet the minimum area or lot width or depth requirements of the district in which the lot is located.

(Ord. 98-12. Passed 4-7-98.)

   "Nonconforming use" means the use of a building, mobile home, or land which does not conform to the use regulations of this Zoning Ordinance for the district in which it is located, either at the effective date of this Zoning Ordinance or as a result of subsequent amendments which may be incorporated into this Zoning Ordinance. See Chapter 1163.

(Ord. 98-12. Passed 4-7-98.)

   "Nuisance" means anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.

(Ord. 98-12. Passed 4-7-98.)

   "Ordinance" means this Zoning Ordinance, including any amendments, of the Village of Doylestown. Whenever the effective date of the Zoning Ordinance is referred to, the reference includes the effective date of any and all amendments to it.

(Ord. 98-12. Passed 4-7-98.)

   "Parking lot" means an area or plot of land used for the storage or parking of vehicles.

(Ord. 98-12. Passed 4-7-98.)

   "Parking space" means a storage space of not less than one hundred eighty (180) square feet for one (1) automobile, plus the necessary access space.

(Ord. 98-12. Passed 4-7-98.)

   "Plat" means a map showing the location, boundaries, and ownership of individual properties.

(Ord. 98-12. Passed 4-7-98.)

   "Premises" means a single piece of property as conveyed in a deed or a lot or a number of adjacent lots on which is situated a land use, a building, or group of buildings designed as a unit or on which a building or group of buildings is to be constructed.

(Ord. 98-12. Passed 4-7-98.)

   "Setback" means the required distance between every structure and the lot lines of the lot on which it is located.

(Ord. 98-12. Passed 4-7-98.)

   "Sign" means a structure or part thereof, or any device attached to land, buildings or any object of any nature, which is displayed for purposes of advertisement, announcement, declaration, demonstration, identification, or expression or to direct attention to a person, institution, organization, activity, place, object, product or business.

(Ord. 2001-23. Passed 6-5-01.)

   A sign made of wood, metal, or other lightweight and rigid material having the capability to stand on its own rigid supporting frame in the form of a triangle or an inverted V and being portable and movable. Also known as a sandwich board sign. See figure.

(Ord. 2018-14. Passed 3-6-18.)

   "Sign, free-standing" means a sign erected on a free-standing frame, mast, pole, wall or other brace or support structure, and not attached to any building.

(Ord. 2001-23. Passed 6-5-01.)

   "Sign, marquee" means a sign attached to the underside, topside or face of a marquee roof over a walk or permanent awning.

(Ord. 2001-23. Passed 6-5-01.)

   "Sign, projecting" means a sign erected on or attached to the outside wall of a building and which projects out at an angle therefrom.

(Ord. 2001-23. Passed 6-5-01.)

   "Sign, temporary" means a sign constructed of cloth, paper, wood, fabric, or other temporary material, with or without a structural frame, and intended or designed for a limited period of display.

(Ord. 2001-23. Passed 6-5-01.)

   "Sign, wall" means a sign erected on, attached to, painted on the surface of, or integral with the wall of any building, located in a plane parallel to the plane of the wall, and supported by the building.

(Ord. 2001-23. Passed 6-5-01.)

   "Sign, window" means a sign painted on, attached or affixed to the interior or exterior surface of windows or doors of a building or otherwise intended to be seen through a window or door.

(Ord. 2001-23. Passed 6-5-01.)

   "Site plan" means a plan, to scale, of non-single-family residential, commercial or industrial projects, showing uses and structures proposed for a parcel of land as required by the regulations involved. It includes lot lines, streets, building sites, reserved open space, buildings, major landscape features -- both natural and man-made and, depending on requirements, the location of proposed utility lines. See Chapter 1153.

((Ord. 98-12. Passed 4-7-98.)

   "Street" means a thoroughfare which affords the principal means of access to abutting property.

(Ord. 98-12. Passed 4-7-98.)

   "Street line" means the line between the street right-of-way and abutting property.

(Ord. 98-12. Passed 4-7-98.)

   "Street, private" means any road or street which is not publicly owned and maintained and is used for access by the occupants of the development, their guests, and the general public.

(Ord. 98-12. Passed 4-7-98.)

   "Structure" means anything constructed or erected, the use of which requires location in or on the land or attachment to something having a permanent location in or on the land.

(Ord. 98-12. Passed 4-7-98.)

   "Structural alterations" means any change in the supporting members of a building, such as bearing walls, columns, beams or girders except for repair or replacement.

(Ord. 98-12. Passed 4-7-98.)

   "Tourist home" means any dwelling occupied by the owner or operator in which rooms are rented to guests, for lodging of transients and travelers for compensation, and where food may be served.

(Ord. 98-12. Passed 4-7-98.)

   "Trailer" means any vehicle or structure originally designed to transport something or intended for human occupancy for short periods of time. Trailers shall include the following:

   (a)   "Travel trailer" means a vehicular, portable structure built on a wheeled chassis, designed to be towed by a self-propelled vehicle for use for travel, recreation, or vacation purposes, having a body width of ten (10) feet or less or body length of thirty two (32) feet or less when equipped for road travel.

   (b)   "Recreational vehicle" means a self-propelled vehicle or portable structure mounted on such a vehicle designed as a temporary dwelling for travel, recreation, and vacation.

   (c)   "Camping trailer" means a folding structure manufactured of metal, wood, canvas, plastic or other materials, or any combination thereof, mounted on wheels and designed for travel, recreation, or vacation use.

   (d)   "Tow trailer" means a structure designed to be hauled by another vehicle and to transport vehicles, boats, or freight.

(Ord. 98-12. Passed 4-7-98.)

   "Use" means any continuing or repetitive occupation or activity taking place upon a parcel of land or within a building including, but not limited to, residential, manufacturing, retailing, offices, public services, recreation, and education.

(Ord. 98-12. Passed 4-7-98.)

   "Variance" means a relaxation of the terms of the Zoning Ordinance where such deviation will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the Zoning Ordinance would result in undue and unnecessary hardship or a practical difficulty.

(Ord. 98-12. Passed 4-7-98.)

   "Village Council" means the governing body of the Village of Doylestown, Ohio.

(Ord. 98-12. Passed 4-7-98.)

   "Yard" means an open space on the same lot with a building, unoccupied and unobstructed from the ground upward, except by trees or shrubbery or as otherwise provided herein.

(Ord. 98-12. Passed 4-7-98.)

   "Yard, front" means a yard across the full width of the lot, extending from the front line of the building to the front line of the lot, including the area of steps, eaves, and uncovered porches, but not including the area of covered porches.

(Ord. 98-12. Passed 4-7-98.)

   "Yard, side" means an open unoccupied space on the same lot with a building between the building and the side line of the lot extending through from the front building line to the rear yard or, where no rear yard is required, to the rear line of the lot.

(Ord. 98-12. Passed 4-7-98.)

   "Yard, rear" means a yard extending across the full width of the lot and measured between the rear line of the lot and the rear line of the main building.

(Ord. 98-12. Passed 4-7-98.)

   "Zoning Inspector" means the official charged with the enforcement of the Zoning Ordinance.

(Ord. 98-12. Passed 4-7-98.)