Elmore Village City Zoning Code
TITLE NINE
Definitions
1171.01 INTENT.
All words used in this Zoning Ordinance shall, unless otherwise defined in this chapter, be given the precise meaning or significance as that which is normally attributed to such word or as the same is defined in the Ohio Revised Code or if not defined in this Zoning Ordinance or the Ohio Revised Code, the current Webster's Dictionary. The words shall be liberally construed to achieve the salutary effect or objectives of this Zoning Ordinance.
(Ord. 30-22. Passed 12-12-22.)
1171.02 REFERENCES TO OTHER REGULATIONS AND DOCUMENTS.
Whenever reference is made to an ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), ordinance, statute, or document or to the relevant successor document, unless otherwise expressly stated. (Ord. 30-22. Passed 12-12-22.)
1171.03 INTERPRETATION OF TERMS OR WORDS.
(a) Words used in the present tense include the future tense and words in the singular number include the plural number and vice versa.
(b) The word person includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(c) The words used for includes designed for and vice versa.
(d) The word dwelling includes the word residence.
(e) The word lot includes the words plot or parcel.
(f) The word shall is mandatory requirement and the word may is a permissive requirement. (Ord. 30-22. Passed 12-12-22.)
1171.04 DEFINITIONS.
(1) "Accessory Dwelling Unit" means a separate, complete dwelling unit that has its own kitchen, sleeping area, and full bathroom facilities. Accessory dwelling units may be contained within or added onto a principal dwelling or be part of an accessory building such as a garage.
(2) "Accessory structure or building" means a structure detached from a principal building on the same lot and customarily incidental and subordinate to the principal building or use.
(3) "Accessory use" means a use of land or of a building or portion thereof customarily incidental and subordinate to the principal use of the land or building and located on the same lot with such principal use.
(4) "Adult Entertainment Business" means an adult book store, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined below:
A. "Adult Book Store" means an establishment which utilized twenty-five percent (25%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically or mechanically controlled still or motion picture machines, projectors, or other image producing devices, or both; books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
B. "Adult Material" means any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, video tape, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound or touch, and
i. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination, or
ii. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
C. "Adult Motion Picture Drive-in Theater" means an open air drive-in theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
D. "Adult Motion Picture Theater" means an enclosed motion picture theater which is regularly used or utilized fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
E. "Adult Only Entertainment Establishment" means an establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
F. "Bottomless" means less than full opaque covering of male or female genitals, pubic area or buttocks.
G. "Nude or Nudity" means the showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
H. "Topless" means the showing of a female breast with less than a full opaque covering any portion thereof below the top of the nipple.
I. "Sexual Activity" means sexual conduct or sexual contact, or both.
J. "Sexual Contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
K. "Sexual Excitement" means the condition of the human male or female genitals when in a state of sexual stimulation or arousal.
(5) "Adult Family Homes" means a residence or facility, as defined and regulating in Chapter 3722 of the Ohio Revised Code, which provides accommodations for three (3) to five (5) unrelated adults and provides supervision and personal care services to at least three (3) of the unrelated adults.
(6) "Adult Group Homes" A residence or facility, as defined and regulating in Chapter 3722 of the Ohio Revised Code, which provides accommodations for six (6) to sixteen (16) unrelated adults and provides supervision and personal care services to at least three (3) of the unrelated adults.
(7) "Agriculture" means the use of land for agricultural purposes including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary uses for packing, treating, and storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities. Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.
(8) "Agricultural (raising of crops)" means uses such as pasturage, horticulture, floriculture, viticulture, raising of crops, or other similar, non-animal related, agricultural uses.
(9) "Agriculture (raising of livestock)" means any use of land for the raising and caring of livestock. This includes necessary buildings and structures which shall be used for agriculture, raising and caring for livestock and animal and poultry husbandry including necessary accessory uses for parking, treating or sorting the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. This use shall not include activities which typically are associated with one (1) or more of the following impacts: strong offensive odors, substantial run-off, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and manure piles.
(10) "Airport" means any landing area and all necessary appurtenances designed, used, or intended to be used for the landing and taking off of aircraft.
(11) "Alley" means a right of way, other than a street, road, crosswalk, or easement that provides secondary access for the special accommodation of abutting property.
(12) "Alteration, structural" means any change in either the supporting members of a building such as bearing walls, columns, beams, and girders or in the dimensions or configurations of the roof or exterior walls, or the moving of a building or structure from one location to another.
(13) "Animal Day Care/Animal Grooming" means a use for the care and supervision of four (4) or more cats and dogs during the day, but which does not include any kennel, overnight boarding or dog runs. This use type shall also include establishments where the primary service provided is the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair trimming, etc., and where there are no boarding facilities or outdoor dog runs. The facility may also provide services such as obedience classes, training, or behavioral counseling.
(14) "Animals, Exotic" means any cat, other than felis catus; any canine, other than canis familiaris, non-human primates; poisonous reptiles; alligators, crocodiles or lizards over two (2) feet long; snakes over six (6) feet long; bears; kangaroos; eagles; poisonous stinging insects; or arachnids.
(15) "Bar, Tavern, Cocktail Lounge" means an establishment licensed to sell alcoholic beverages for consumption on premises; and in which limited food service may be accessory to the service of alcoholic beverages. Such establishments may include but are not limited to cocktail lounges associated with restaurants, taverns, saloons, brewpubs, bars, or pubs.
(16) "Basement" means the portion of a dwelling or building partly underground. A basement shall be counted as a story for the purpose of height measurement if the vertical distance between the ceiling and the average level of the adjoining ground is more than five (5) feet or if used for business or dwelling purposes.
(17) "Base Zoning District" means any zoning district designated on the Official Zoning Map that is not an overlay or PUD-designated district.
(18) "Bed and Breakfast Inn" means an owner occupied, single-family residential dwelling in which rooms are rented to paying guests on an overnight basis and breakfast only is provided; the entire service to be included in one stated price. A bed and breakfast inn may include short-term rentals.
(19) "Bicycle Shop" means a business devoted to retail sales, rental, service or repair of bicycles.
(20) "Board" means the Board of Zoning Appeals of the Village of Elmore, Ohio.
(21) "Boarding House, Rooming House, Lodging House or Dormitory" means a building or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms.
(22) "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of persons, animals or chattel.
(23) "Building coverage" means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot, exclusive of uncovered porches, terraces, and steps.
(24) "Building, detached" means a building surrounded by open space on the same lot.
(25) "Building, front line of" means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered porches whether enclosed or unenclosed, but does not include steps.
(26) "Building height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and to the mean height between the eaves and ridges for gable, hip, or gambrel roofs.
(27) "Building Materials Sales and Service" means retailing, wholesaling or rental of building supplies or construction equipment. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments.
(28) "Building, principal" means a building in which is conducted the main or principal use of the lot on which it is located.
(29) "Building Trades and Services" means a business related to the construction of buildings including, but not limited to, carpentry, electrical, plumbing, and heating/air conditioning, and the like.
(30) "Business" means the use of lands or buildings for the purchase, sale, or exchange of goods and services; for the purpose of maintaining offices, recreational or amusement enterprises for profit.
(31) "Business and Professional Offices" means an establishment providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, employment, advertising, design, engineering, accounting, service centers, civic/labor/fraternal associations and similar uses.
(32) "Business Service Establishments" means an establishment primarily engaged in rendering services to office, business, or industrial establishments on a fee or contract basis, such as advertising and mailing, building maintenance, employment services, management and consulting services, protective services, office equipment rental and leasing, commercial research, development and testing, photo finishing, machine repair, and personal supply services.
(33) "Café, Doughnut, and Sandwich Shops" means an establishment that offers seating or carryout, or both, and which is principally devoted to sale of prepared food, non-alcoholic beverages, or cold refreshments.
(34) "Campground" means a plot of ground upon which two (2) or more campsites are located established, or maintained for occupancy by camping units of the general public as temporary living quarters for recreation, education, or vacation purposes.
(35) "Car Wash" means an establishment wherein automobile and other vehicular equipment is washed and cleaned manually or automatically.
(36) "Cemeteries" mean land used for the burial of the human or animal dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
(37) "Chickens" See Keeping of Small Livestock.
(38) "Churches" See Places of Worship.
(39) "Clubs - Social, Fraternal, Athletic, Business or Professional" means a voluntary association of persons organized for cultural, recreational, fraternal, civic, or similar purpose for which a membership charge may be made.
(40) "Cluster Subdivision" means a residential subdivision that permits a reduction in lot area, setback, or other site development regulations, provided there is no increase in the overall density permitted for a conventional subdivision in a given zoning district, and the remaining land area is used for common open space.
(41) "Commercial Entertainment Facilities" means any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, amusement parks, nightclubs, dance halls, internet sweepstakes cafés, and similar entertainment activities. Does not include adult entertainment businesses.
(42) "Commission" means the Planning Commission of the Village of Elmore, Ohio.
(43) "Community Center, Public" means a public building that can be used for a gathering spot of community members that may have kitchen facilities, meeting rooms, or indoor recreational facilities.
(44) "Community Garden" means a site gardened collectively by a group of people to grow and harvest food crops and/or non food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
(45) "Conditional Use" means a use of land that is of such a nature that its unlimited operation could be detrimental to the health, safety, morals, and general welfare of residents in the surrounding area or to the property or property values, and on which the public has reserved the right to permit the use, subject to certain general and specific conditions stated in the ordinance which are deemed necessary to protect the permitted uses of other affected properties.
(46) "Conditional Use Permit" means a permit issued by the Zoning Administrator upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.
(47) "Condominium" means a building or group of buildings, in which units are owned individually, and the structure, common areas, and facilities are owned by all the owners on a proportional basis.
(48) "Conference Centers and Assembly Halls" means a facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events usually not open to the public, and/or outdoor gardens, decks, or reception facilities.
(49) "Convenience Store" means small-scale retail stores used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, hot or cold beverages and household items. Such use does not include automotive fuel sales or fast food service unless otherwise permitted in the applicable zoning district.
(50) "Court" means an unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.
(51) "Craft or Artisanal Production of Beer, Liquor, or Wine" means the brewing of beer on premises of up to 50,000 gallons per calendar year or the distilling of liquor on premises of up to 50,000 gallons per calendar year or making wine on premises of up to 50,000 gallons per calendar year. It shall also include the sale of said products for on-premises or off-premises consumption.
(52) "Cultural Institution" means a use providing for display, performance, or enjoyment of heritage, history, or the arts, including but not limited to museums, arts performance venues, cultural centers, botanical gardens and arboretums, or interpretative sites, but not including commercially operated theaters.
(53) "Day-Care Center (Child or Adult)" means a facility administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any portion of the twenty-four (24)-hour day in a building other than the child's own home. This use may include, but is not limited to, nursery schools, after school programs, office day care centers and principal structures used for only day care/nursery school programs but specifically excludes any Type A or Type B family day care home or group home as defined in this chapter. This term may also include adult day care centers where persons other than children, family members, or guardians care for adult for a portion of a twenty-four (24)-hour day in a building other than the adult's home.
(54) "Density" means a unit of measurement; the number of dwelling units per acre of land.
(55) "Gross Density" means the number of dwelling units per acre of the total land to be developed.
(56) "Net Density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(57) "Drive-in/Drive-through Facility" means any use with drive-through windows or drive-through lanes or that otherwise offer service to the occupants of motor vehicles. Typical uses include drive-through restaurants, drive-through pharmacies, drive-through banks, and drive-in restaurants.
(58) "Drive-through Bank" means any financial services facility with a drive-through window or drive-through lanes that offers service to the occupants of motor vehicles.
(59) "Drive-in/Drive-through Restaurant" means an eating establishment that has a drive-in or drive-through facility to primarily serve patrons food in disposable containers while seated in their vehicles. Such facilities may include indoor space where customers are counter-served, and food is consumed on the premises.
(60) "Drop-off Boxes" means small collection facilities where recyclable materials, clothing, or household goods are accepted from the public such as neighborhood recycling stations, donation bins, and thrift store collection boxes).
(61) "Drug Store" means a business establishment where the primary use is the sale of medicines (prescription and nonprescription). Other products sold may also include health and beauty products, packaged foods, beverages and similar products.
(62) "Dwelling" means a building or portion thereof designed exclusively for permanent residential occupancy, including one-family, two-family, and multiple-family dwellings, but not including hotels, motels, boarding and rooming houses, or tents, tent trailers, trailer coaches, house trailers, automobile trailers, manufactured homes, and all other structures originally designed for and/or constructed with wheels, whether or not such wheels remain attached to the structure or are separated therefrom. Dwelling includes an approved "Industrial Unit."
(63) "Dwelling, single-family" means a building designed for or occupied exclusively by one family and separated from other dwelling units by open space.
(64) "Dwelling, two-family" means a building consisting of two (2) dwelling units which may be either attached side by side or one above the other.
(65) "Dwelling, multiple" means a building consisting of three (3) or more dwelling units.
(66) "Dwelling, group" means a group of two (2) or more one-family, two-family, or multiple dwellings occupying a lot in one (1) ownership and having any yard in common.
(67) "Dwelling, unit" means a building or portion thereof providing complete housekeeping facilities for one family.
(68) "Educational Facilities (K-12)" means a public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction in accordance with the requirements of Chapter 3313 of the Ohio Revised Code. Such uses include, but are not limited to, kindergartens, elementary schools, junior high schools, and high schools. This definition shall not be deemed to include nursery schools or day care centers (children or adults) or higher educational institutions.
(69) "Educational Institutions, Higher" means any private or public secondary educational institution that includes, but is not limited to secretarial schools, colleges and universities, business schools, post-secondary trade schools, seminaries, or any other institution providing collegiate level curriculum.
(70) "Electric Vehicle Charging Station" means a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle.
(71) "Essential Services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems and of collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health or safety or general welfare, but not including buildings.
(72) "Façade" means the exterior face of a building, including, but not limited to, the wall, windows, window sills, doorways, and elements such as expression lines, cornices, and parapets. The front facade is defined as any building face adjacent to the front property line.
(73) "Family" means one (1) or more persons occupying a single dwelling unit, and living as a single housekeeping unit, whether or not related to each other by birth or marriage; provided, however, that unless all members are related by blood, adoption, marriage, or guardianship, no such family shall contain over five (5) persons.
(74) "Farm" means any parcel of land containing at least five (5) acres which is used for the raising of agricultural products, livestock, poultry, and dairy products. It includes necessary farm structures and the storage of equipment used, subject however, to applicable regulations. It excludes the raising of fur-bearing animals, riding academies, liveries, boarding stables, or dog kennels.
(75) "Farmers Market" means an occasional or periodic market held in an open area where groups of individual sellers offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts, and food and beverages (but not second hand goods) dispensed from booths located on site.
(76) "Fence" means an artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
(77) "Financial Institutions" means any building, property or activity the principal use or purpose of which is the provision of financial services including, but not limited to, banks, credit unions, financial advisor services, stock brokerages, savings and loan institutions, and mortgage companies. Includes payday loan and other alternative financial establishments.
(78) "Floor area" means the sum of the gross horizontal areas of the several floors of the building or buildings, measured from the exterior walls, or from the centerline of a wall separating two (2) buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six (6) feet.
(79) "Food Locker" means an establishment in which lockers are located and in which space may be provided for the storage of frozen food belonging primarily to and for sale by the operator to the public.
(80) "Food Pantry" means a non-profit organization that provides food directly to those in need. Food pantries receive, buy, store, and/or distribute food. Food pantries may also prepare meals to be served at no cost to those who receive them. A food pantry may be accessory to a place of worship or social service center.
(81) "Food Preparation and Specialty Foods" means a business that prepares food and beverages for offsite consumption, including delivery services. This classification includes catering kitchens, bakeries, and sweets with on-site retail sales and the small-scale production of specialty foods based on season, nationality, holidays and dietary needs. This classification excludes food production of an industrial character.
(82) "Foot-candle" means a unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) standard candle.
(83) "Funeral Home" means an establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, mortuaries or columbaria.
(84) "Garage, private" means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers, and/or boats of the occupants of the premises and wherein:
A. Not more than one space is rented for parking to persons not residents on the premises, see Section 1139.05 "Location of Parking Spaces;"
B. No more than one commercial vehicle per dwelling unit is parked or stored, see Section 1139.13 "Parking of Commercial Vehicles;" and
C. The commercial vehicle permitted does not exceed two tons capacity, see Section 1139.13 "Parking of Commercial Vehicles."
(85) "Garage, public" means any garage other than a private garage, available to the public, operated for gain, and which is used for storage, repair, rental, greasing, washing, servicing, adjusting, or equipping of automobiles or other motor vehicles.
(86) "Garage, storage" means a principal or accessory building other than a private garage, used for the parking or temporary storage of passenger automobiles and in which no service shall be provided for remuneration.
(87) "Garden and Nursery Center" means an establishment primarily engaged in retailing nursery and garden products such as trees, shrubs, plants, seeds, bulbs, and sod that are predominantly grown elsewhere. These establishments may sell a limited amount of a product they grow themselves. Fertilizer and soil products are stored and sold in package form only. This classification includes wholesale and retail nurseries offering plants for sale.
(88) "Golf Course" means a standard-sized layouts of at least nine (9) holes. Accessory uses may include but are not limited to a driving range and clubhouse providing ancillary uses and sales.
(89) "Government Facilities" means any building or structure or portion thereof, used by a government agency for service purposes. Includes but is not limited to fire stations, police stations, salt storage, transit operations, and other similar uses.
(90) "Government Offices" means any building or structure or portion thereof, used by a government agency for administrative or professional purposes. Includes but is not limited to village hall, county offices, state offices, and other similar uses.
(91) "Greenhouses and Nurseries" means an establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales. Greenhouses and nurseries that are part of a larger agricultural use shall be considered accessory to the principal agricultural use of the land. This term does not include a garden supply or landscaping center that may be accessory to another principal use.
(92) "Grocery Store" means a retail establishment engaged in selling food stuffs including a section for fresh fruits and vegetables and containing only the incidental sale of retail home goods. Accessory uses may include but are not limited to sales of food or beverages for on-site-consumption, grocery delivery services, florists, and pharmacy services.
(93) "Home occupation" means an accessory use of a dwelling unit for a legitimate business, profession, trade or vocation conducted within an enclosed dwelling, which is clearly incidental and secondary to residential occupancy and does not change the residential character of the lot or surrounding area.
(94) "Impervious Surface" means any surface composed of any material that greatly impedes or prevents the natural infiltration of water into the underlying native soils. Impervious surfaces include, but are not limited to, rooftops, buildings, sidewalks, driveways, parking lots, streets and roads.
(95) "Industrial Unit, approved" means a dwelling unit constructed off-site and that is approved by the Ohio Department of Industrial Relations and meeting the requirements of the Ohio Basic Building Code.
(96) "Institutional Care Facility" means any facility for the elderly, infirm, or individuals requiring rehabilitation or treatment for addiction, mental health disorders, or physical infirmities, in which three or more unrelated individuals may stay on a predominantly intermediate or long term basis, and where inpatient care and living accommodations are provided in exchange for compensation from any source. Institutional care facilities include, but are not limited to, nursing homes, assisted living facilities, hospices, addiction treatment facilities, mental health treatment facilities, inpatient physical rehabilitation facilities, convalescent homes, or similar uses. Institutional care facilities shall not include hospitals, medical offices, medical or dental clinics, urgent care centers, outpatient physical rehabilitation centers, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured without a component of predominantly intermediate or long-term stays.
(97) "Institutional Uses" means a use category comprised of uses that are general public or quasi-public in nature that include uses such as schools, parks, cemeteries, religious places of worship, etc. and are generally provided for the betterment of the community.
(98) "Junk" means worn-out, cast off, stored, or discarded articles or material which is or may be salvaged for reuse, resale, reduction, or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled, or assorted for the forementioned purposes. Any article or material which, unaltered or unchanged, and without further reconditioning can be used for its original purpose as readily as when new, shall not be considered junk.
(99) "Junk yard" means the use of more than 200 square feet and 1200 cubic feet of the area of any lot, whether inside a building, or the use of any portion of that half of any lot that joins any street, for the storage, keeping or abandonment of junk, of scrap materials, or the dismantling, demolition, or abandonment of automobiles or other vehicles or machinery or parts thereof.
(100) "Keeping of Small Livestock" means the noncommercial raising of chickens, rabbits, or other similarly small livestock on a lot used for residential purposes, as an accessory use.
(101) "Kennel" See Veterinarian office, animal hospital or kennels.
(102) "Laundry, Cleaning, and Garment Services" means an establishment where laundry or dry cleaning is dropped off and picked up by customers and that also includes on-site laundry, self-service laundromat, and/or cleaning activities and garment tailoring services.
(103) "Laundry or dry cleaning plant" means a service establishment engaged primarily in high volume laundry and garment services, including carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment.
(104) "Library" means a facility housing a collection of books, magazines or other material which is loaned to the general public without charge.
(105) "Liquor store" means a retail establishment licensed by the State of Ohio Department of Liquor Control to sell alcoholic beverages in containers, including wine, beer, and hard liquor, for consumption off-premises (carry-out)
(106) "Livestock" means horses, mules, jackasses, burros, cattle, sheep, goats, donkeys, swine, and animals bred commercially or otherwise.
(107) "Loading space" means an off-street space or berth used for the loading or unloading of commercial vehicles.
(108) "Lot" means a parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with such yards, open spaces, lot width, and lot area as are required by the Zoning Ordinance and having not less than the minimum required frontage upon an improved public street or an approved private street, either shown and identified by lot number of a plat of record, or considered as a unit of property and described by metes and bounds. Such lot may consist of:
A. Single lot of record;
B. Portion of a lot of record; or
C. Combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(109) "Lot, corner" means a lot abutting upon two or more streets at their intersection, or upon two (2) parts of the same street forming an interior angle of less than 135 degrees.
(110) "Lot coverage" means the part of the lot occupied by buildings or structures, expressed as a percentage, including accessory buildings or structures, but not including parking lots.
(111) "Lot, depth of" means a mean horizontal distance between the front lot line and the rear lot line, measured in a general direction parallel with its side lot lines. Unless otherwise specified, length shall be measured from the street line. Lot length and lot depth have the same meaning.
(112) "Lot frontage" means the distance between lot lines measured from the point where one (1) lot line intersects the principal right of way for that lot directly to the point where the other lot line intersects the principle right of way for that lot.
(113) "Lot, interior" means a lot other than a corner lot.
(114) "Lot, minimum area of" means the area of a lot computed exclusive of any portion of the right of way of any public or private streets.
(115) "Lot, through" means a lot fronting on two (2) parallel or approximately parallel streets.
(116) "Lot, width" means the width of a lot at the building setback line measured at right angles to its depth. The width of lots fronting on a cul-de-sac shall be the chord distance between side lot lines for the curve coinciding with the required building setback.
(117) "Lot lines" means any line dividing one (1) lot from another.
(118) "Lot of record" means a lot which is part of a subdivision recorded in the Office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(119) "Major Thoroughfare Plan" means the Major Thoroughfare Plan as adopted by the Village.
(120) "Manufactured home" means any non-self-propelled vehicle, transportable in one (1) or more sections, which in the traveling mode, is eight (8) body feet or more in width, and forty (40) body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used for human habitation with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Calculations used to determine the number of square feet in a structure are based on the structure's exterior dimensions at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets, and outer projections containing interior space, but do not include bay windows.
(121) "Manufactured home park" means any tract of land upon which three (3) or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadways, buildings, structures, vehicles, or enclosures used/intended for use as part of the facilities of such park. A tract of land which is subdivided, and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots is not a manufactured home park, even though three (3) or more manufactured homes are parked thereon if the roadways are dedicated to the local government authority.
(122) "Manufacturing, Heavy or Outdoors" mean the assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than average impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards, or that otherwise do not constitute light industrial uses, or any use where the area occupied by outdoor storage of goods and materials used in the assembly, fabrication, or processing exceeds twenty-five percent (25%) of the floor area of all buildings on the property. Heavy manufacturing uses generally includes processing and fabrication of large or bulky products, products made from extracted or raw materials, or products involving flammable or explosive materials and processes which require extensive floor areas or land areas for the fabrication and/or incidental storage of the products.
(123) "Manufacturing, Light" means manufacturing or other industrial uses involving light mechanical operations and assembling articles the operations of which are free from nuisance characteristics and have no adverse effect on neighboring uses; operating and storing within enclosed structures; and generating little industrial traffic.
(124) "Manufacturing, Limited" means manufacturing, processing, assembling or compounding operations such as research development and testing laboratories, bakery goods, bottling works, ceramics, cosmetics, clothing, electrical and electronic equipment; instruments, optical goods, pharmaceuticals, toiletries, machine shops and tool and die shops, sign painting, printing and publishing services, and uses possessing characteristics similar to those listed in this definition.
(125) "Medical or Dental Clinics/Offices" means medical, dental, or clinic uses concerned with the diagnosis, treatment, and care of human beings related to medicine or dental. This term shall also include the operation of an urgent care clinic that may be opened for twenty-four (24) hours and that is meant to accommodate non-emergency medical situations. This definition does not include "hospitals," "skilled nursing facilities" or "personal care facilities."
(126) "Mobile home" See Manufactured Home.
(127) "Motel, hotel, and apartment hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined. Apartment hotel includes short-term rentals by transient guests where compensation is paid directly by the guest or is collected and remitted to owners by a hosting platform.
(128) "Moving and Storage Companies" Means a service engaged in the moving of household or office furniture, appliances, and equipment from one (1) location to another, including the temporary indoor storage of those same items.
(129) "Nonconforming use" means a building, structure, or use of land or building lawfully existing at the time of the enactment of the Zoning Ordinance or amendment thereto and which does not conform to the regulations of the district or zone in which it is situated.
(130) "Nursery School" See Day Care Center.
(131) "Nursery (Plant Materials)" See Greenhouses and Nurseries.
(132) "Nursing Home" means an extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity are unable to care for themselves.
(133) "ORC" means the Ohio Revised Code.
(134) "Outdoor Bulk Storage" The outdoor storage of bulk goods, raw materials, or products. Bulk goods or products shall be defined as any products, goods, junk, material, merchandise, or vehicles associated with the principal land use.
(135) "Outdoor Dining Area" means areas on sidewalks (public or private), patios, or other unenclosed areas, (excluding vehicular use areas) that are designated for outdoor seating where patrons may be served food and beverage for on-site dining.
(136) "Outdoor Lighting" means any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility.
(137) "Outdoor Sales" means the placement of products or materials for sale outside of a retail or wholesale sales establishment.
(138) "Outdoor Wood Furnaces" means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler outdoor wood stove, or outdoor wood-fired hydronic heater.
(139) "Parapet or Parapet Wall" means a building façade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.
(140) "Parking lot" means an off-street, ground level area, usually surfaced and improved, for the temporary storage of motor vehicles.
(141) "Parking space" means an off-street space available for the parking of one (1) motor vehicle with room for opening the doors on both sides together with properly related access to a public street or alley and maneuvering room.
(142) "Parks and Playgrounds" means any park or recreational facility that requires grading of the land, construction of facilities, lighting, or is developed for playgrounds, athletic fields, tennis courts, swimming pools, skate parks, disc golf, and other similar outdoor facilities.
(143) "Person" also means a corporation, firm, partnership, association, organization, unit of government, or any other that acts as a unit.
(144) "Personal Service Establishments" means 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 (collection and distribution only), barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.
(145) "Places of Worship" means a building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Places of worship may include, but are not limited to, churches, mosques, houses of worship, chapels, synagogues, and temples.
(146) "Planned Unit Development (PUD)" means a form of development characterized by a unified site design for a number of housing units, clustered buildings, common open space and a mix of building types and land uses, which may be in a slightly more dense setting than allowable on separate lots.
(147) "PUD Development Plan" means a PUD Development Plan means a concept plan and development program statement describing the proposed use or uses to be conducted in the PUD, including regulations governing permitted uses, conditional uses, site use and development, off-street parking and loading requirements and other special regulations that may be appropriate to govern development, use and maintenance of the site or sites included within the PUD.
(148) "Pools, private swimming" means a structure or pond or other body of water, either above or below the surface of the ground, for the purpose of holding water for recreation, landscaping, drainage, or therapeutic purposes. This definition shall not apply to wading pools or other similar structures less than eighteen (18) inches in depth and less than twenty (20) square feet in size.
(149) "Recreational Facility, Commercial" means any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, skating rinks, water slides, miniature golf courses, arcades, bowling alleys, and billiard halls, but not movie theaters.
(150) "Recreational Vehicle" means vehicles or equipment used primarily for recreational or leisure purposes including, but not limited to, motor homes, camper trailers, travel trailers, pop-up campers, boats, snowmobiles, motorcycles, dune buggies and similar vehicles and the trailers used to transport them.
(151) "Recycling collection/processing facilities" means a facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following: a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
(152) "Research laboratory" means an industrial establishment or other facility engaged in scientific research, investigation, product engineering development, product development and testing, market development, or experimentation, but not facilities for the manufacture or sale of products except as incidental to the main purpose of the laboratory.
(153) "Residential Facility" means a home or facility, as defined and regulated in Ohio R.C. Section 5123.19, in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under Ohio R.C. Section 5126.05, a county home or district home operated pursuant to Ohio R.C. Chapter 5155, or a dwelling in which the only mentally retarded 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."
(154) "Residential Facility, Large" means a residential facility where there is supervision in a family setting of nine (9) to sixteen (16) persons.
(155) Residential Facility, Small means a residential facility where there is supervision in a family setting of six (6) to eight (8) persons.
(156) "Restaurant (No Drive-in/Drive-Through)" means an eating establishment where customers are primarily served at tables or self-served and food is consumed primarily on the premises, and that does not have a drive-in or drive-through facility to serve patrons food while seated in their vehicles.
(157) "Retail Commercial Uses" means an establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses.
(158) "Roadside stand" means a structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises.
(159) "Screening" means any visual buffer, screening, open spaces, landscaped areas, fences, walls, berms, or any combination thereof required by this ordinance used to physically separate or screen one use of property from another so as to visually shield or physically block noise, lights, or other nuisances.
(160) "Self-service storage building" means a building for rental to the public for storage of non-hazardous personal goods.
(161) "Small Wind Energy Systems" means a wind energy conversion system consisting of a wind turbine, a tower, and associated control or conversion electronics. Such systems are intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid, and have the ability to sell power back to the grid.
(162) "Solar energy system" means the photovoltaic cells and related accessories that are designed to convert solar energy into electrical energy; or a system consisting of solar thermal collectors, parabolic reflectors, or similar structures that are designed to harness solar energy for use as thermal energy for heating water or air and may include battery storage systems.
(163) "Solar panel" means any device used for collecting solar energy and converting it to electrical power.
(164) "Service station" See Vehicle Service Station.
(165) "Setback line" means a line established by this Zoning Ordinance, generally parallel with and measured from the edge of the road right of way or other lot lines, defining the limits of the yards in which location of buildings or structures may be restricted.
(166) "Short-term Rental" means any dwelling that is rented wholly or partly for a fee for less than thirty (30) consecutive days by persons other than the permanent occupant or owner from which the permanent occupant or owner receive monetary compensation paid directly by the guest or is collected and remitted to owners by a hosting platform.
(167) "Sign" means a structure or any part thereof, or any device attached to or painted directly or indirectly on a building or structure or a parcel of land, and which displays or includes any letter, model, banner, pennant, insignia, device or other presentation to direct attention to a person, institution, organization, activity, place, object, product or business. The word "sign" includes the word billboard, but does not include flag, pennant or insignia of any nation, state, city or other political unit, or of any political, education, charitable, religious or like campaign, drive or movement or event.
(168) "Sign, Abandoned" means a sign which no longer identifies or advertises a bona fide business, lessor service, owner, product or activity, and/or for which no legal owner can be
found.
(169) "Sign, Air-activated Graphic" means a sign, all or any part which is designed to be moved by action or forced air so as to make the sign appear to be animated or otherwise have motion.
(170) "Sign Area" means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign. "Sign area" includes decorative trim and any structural elements outside the limits of such sign surface and which forms an integral part of the display.
(171) "Sign, Awning" means a sign painted on, printed on, or attached flat against the surface of an awning.
(172) "Sign, Balloon" means a temporary sign composed of cloth, canvas, plastic fabric, or similar lightweight non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method or that may be supported by stakes in the ground.
(173) "Sign, Bandit" Temporary, portable yard signs used for commercial and non-commercial messages for on-premise and off-premise activities and advertising.
(174) "Sign, Billboard" An off-premise permanent sign that is either illuminated or non-illuminated that directs attention to goods, merchandise, entertainment or services offered at a location other than the premises on which the sign is located.
(175) "Sign, Blade (A.K.A. Feather, Teardrop and Flag)" A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
(176) "Sign, Business" means a sign which directs attention to a business or profession conducted on the premises. A "For Sale" or a "To Let" sign relating to the property on which it is displayed shall be deemed a business sign.
(177) "Sign, Business Center" means a grouping of two (2) or more business establishments on one (1) or more parcels of property which may share parking and access and are linked architecturally or otherwise developed as a unified grouping of businesses. A business center shall be considered one use for the purposes of determination of the maximum number of free-standing signs.
(178) "Sign, Changeable Copy" means a sign designed so that the characters, letters, or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also Signs, Electronic Message Center.
(179) "Sign, Commercial Message" means 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.
(180) "Sign, Electronic Message Center (EMC)" means a sign designed so that the characters, letters or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g., electronic or digital signs using LED lighting).
(181) "Sign, Flashing" means an illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(182) "Sign, Freestanding" means a sign which is not attached to a principal or an accessory structure, including center pole signs, posts and panels, or monument signs, but excluding off-premises signs.
(183) "Sign, Human (A.K.A. Mascot, Spinner And Person)" means a person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be holding a sign.
(184) "Sign, Illuminated" means a sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(185) "Sign, Monument" means a permanent freestanding sign other than a pole sign, not attached to a building that is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal type structure.
(186) "Sign, Mural" means a large scale temporary or permanent sign/work of art/graphic illustration or advertising display that covers all or a major portion of a blank or unfinished wall, building or structure.
(187) "Sign, Nameplate" means a sign indicating the name and address of a building; or the name of an occupant thereof; and the practice if a permitted occupation therein.
(188) "Sign, Non-Commercial" means any sign, wording logo or other representation that is not defined as a commercial message. Such signs may include, but not be limited to those directing the location of restrooms, those imposing restrictions on smoking, or those expressing political and/or religious philosophies.
(189) "Sign, Off-premise" means a sign which directs attention to the name of a business or establishment, or goods or commodities sold or manufactured and/or services rendered on premises other than where the sign is located. Also, may include signs expressing opinions, displaying political information or public service messages.
(190) "Sign, Permanent" means a sign located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
(191) "Sign, Portable" means any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, including but not limited to "A-frame, T-frame, or inverted T-shaped" structures, including those signs mounted on wheeled trailers, hot air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights.
(192) "Sign, Projecting" means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure, and is not parallel to the structure to which it is attached. Projecting signs include signs that are totally in the right-of-way, partially in the right-of-way, or fully on private property.
(193) "Sign, Projecting Image" means a sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.
(194) "Sign, Roof" means a sign mounted on the roof of a building or structure, lying either flat against the roof or upright at an angle to the roof pitch. This also includes any advertising on pitched roof formed by using different color shingles or other roof coverings and/or signs painted on the roofing shingles or other roofing material.
(195) "Sign, Snipe" means a temporary sign, usually made of paper or cardboard, illegally tacked, nailed, stapled, posted, pasted, glued, tied, or otherwise attached to trees, poles, stakes, fencing, mail boxes or other objects.
(196) "Sign, Temporary" means any sign not intended or designed for permanent display or permanent attachment to the ground or a structure and intended for a limited period of display. For the purposes of this Zoning Ordinance, temporary signs are defined as those signs related to a temporary event or condition, and may include, but not be limited to construction signs, garage/estate sales/auctions, political signs, holiday and special events, and real estate signs (including the leasing or sale of rental units, commercial/industrial space or buildings and residential dwellings).
(197) "Sign, Vehicle" means any sign permanently or temporarily attached to or placed on a vehicle or trailer in any manner so that the sign is used primarily as a stationary identification or advertisement sign.
(198) "Sign, Wall" means a sign which faces an adjacent parking area and/or public street and is attached directly to a building wall, or rigid or non-rigid fabric marquee or awning-type structure attached to a building, and generally parallel to the building wall, including signs painted on any building wall, or extending from the wall in the case of a canopy, awning or marquee-type structure.
(199) "Sign, Window" means a sign located on the inside or outside of a window which is intended to be viewed from the outside.
(200) "Story" means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, then the space between any floor and the ceiling next above it.
(201) "Story, half" means a story under a gable, hip, or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than two (2) feet above the floor of such story.
(202) "Street" means a right of way that is established by record to provide the principal means of access to abutting property.
(203) "Street Classification" A hierarchy of street types on the Major Thoroughfare Plan denoting their relative function and traffic carrying capability.
A. "Primary Through Routes" This street classification has the primary, but not sole, function of carrying traffic; its secondary purpose is to provide access to adjoining properties or businesses. This category is often part of the state highway system connecting important parts of the community and serving high traffic generating uses such as business and industry.
B. "Primary Local Routes/Streets" The primary function of this street type is the feeding of local local traffic from secondary local routes (or lower routes in the hierarchical order) to primary through routes. Its secondary purpose is providing access for the residential areas of the Village to major cross-town arterials and prevent high volume traffic from crossing areas on minor streets.
C. "Secondary Local Routes, Local Collectors; and Residential Streets" This hierarchical grouping ranks from high to low in access as well as traffic volume. Essentially, their function is the provision of access to the higher order thoroughfares, and they are more commonly associated with increasing residential land use. Nevertheless, they must be able to accommodate growth should annexation or other forms of development require them to be re-classified as a higher order thoroughfare.
(204) "Strip zoning" means a zone normally consisting of a ribbon of uses fronting both sides of an arterial roadway.
(205) "Structure" means anything constructed or erected that requires location on or in the ground or attachment to something having a location on or in the ground.
(206) "Supermarket" means a large-scale-store operated on a self-service basis selling groceries, fresh produce, meat, bakery dairy products, household goods, and supplies as part of its primary use. May include separate uses within the building such as but not limited to branch banking, pharmacy, and retail health clinics.
(207) "Travel trailer." See Recreational Vehicle.
(208) "Type A Family Day-Care Home" means a permanent, residence of the administrator in which child day-care is provided for four (4) to twelve (12) children at any one time, if four (4) or more children are under two (2) years of age. In counting children for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. The term "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(209) "Type B Family Day-Care Home" means a permanent residence of the provider in which child day-care or child day-care services are provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and are on the premises of the Type B home shall be counted. The term "Type B family day-care home" does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.
(210) "Use" The specific purposes for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained.
(211) "Variance" means a modification of the strict terms of the regulations in this Zoning Ordinance.
(212) "Vehicle and Equipment Sales" means a facility for the sale, lease or rental of new or used passenger vehicles, motorcycles, trucks, tractors, construction or agricultural equipment, motor homes and RV's, boats and similar equipment, including storage and maintenance. This definition includes automotive services such as rental car facilities. This use does not include salvage operations, scrap operations, or vehicle impound yards.
(213) "Vehicle Repair Shop" means a building, or portion of a building, arranged, intended, or designed to be used for making repairs to motor vehicles.
(214) "Vehicle Service Station" means any area of land, including structures thereon, that is used for the sale of gasoline or any other motor vehicle fuel and oil and other lubricating substances, including any sale of motor vehicle accessories, and which may or may not include facilities for lubricating, washing, or otherwise servicing vehicles, but not including painting thereof by any means. Includes retail electric charging of vehicles.
(215) "Veterinarian Office, Animal Hospital or Kennels" means:
A. "Veterinary office or animal hospital" Services provided by licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, animal surgery, or testing services for licensed veterinary practitioners. Examples include animal hospitals, veterinary clinics, veterinarians' offices, and veterinary testing laboratories.
B. "Kennel" means any lot or premises on which four (4) or more domesticated animals of the same species, more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provision of minor medical treatment.
(216) "Wall Offset" means projections or recesses organized in a random or repeating pattern along a building wall used to visually interrupt the mass of the façade plane.
(217) "Warehouse" means a building used primarily for the keeping or storage of goods and materials where finished goods are stored inside until redistribution to the consignee (retailers, wholesalers, distribution centers). Does not include wholesale, distribution centers, or self-storage facilities.
(218) "Wholesale Sales and Distribution Centers (Indoors)" Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. Such uses shall also include activities where goods are received and/or stored for delivery to the ultimate customer or user at remote locations. All such activities take place inside principal or accessory buildings. Includes motor-freight terminals, mail or package delivery services, order fulfillment for online retailers, e- commerce distribution, and last-mile distribution.
(219) "Wholesale Sales and Distribution Centers (Outdoors)" Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. Such uses shall also include activities where goods are received and/or stored for delivery to the ultimate customer or user at remote locations. Such activities may take place outside of the principal or accessory buildings. This use includes monument or stone yards, grain elevators, open storage yards and bulk storage of fuel.
(220) "Wireless telecommunications facility" means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land based telephone lines.
(221) "Wireless telecommunications tower" means a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
(222) "Yard" means an unoccupied space open to the sky, on the same land with a building or structure. All setbacks shall be measured from the end of a plumb line (vertical line) from the overhang of eaves edge.
(223) "Yard, front" means an open unoccupied space on the same lot with a main building, extending the full width of the lot and situated between the street line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street line. All setbacks shall be measured from the end of a plumb line (vertical line) from the overhang of the eaves edge. Covered porches whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required front yard.
(224) "Yard, rear" means an occupied space on the same lot with a main building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the lot, or the centerline of the alley, if there be an alley, and the rear line of the building. All setbacks shall be measured from the end of a plumb line (vertical line) from the overhang of the eaves edge.
(225) "Yard side" means an open unoccupied space on the same lot with a main or accessory building situated between the building and the side line of the lot and extending from the front yard to the rear yard. All setbacks shall be measured from the end of a plumb line (vertical line) from the overhang of the eaves edge.
(226) "Zoning Ordinance or Zoning Code" means the officially, adopted zoning regulations as contained in the Codified Ordinance of the Village of Elmore, Ohio.
(227) "Zoning Verification Letter" means a legally recognized document which informs commercial property owners, lenders and prospective buyers of zoning laws related to the particular property based on the municipalities current zoning codes and may include past history of the site. (Ord. 30-22. Passed 12-12-22.)