This Title Six of Part Twelve of these Codified Ordinances shall be known, cited and referred to as the "Geneva Zoning Code." The purposes of this Zoning Code are to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare by regulating and limiting the use of land and buildings and the erection, restoration and alteration of buildings and additions thereto, and the use thereof, for agricultural, residential, business and industrial purposes; to regulate the area and dimensions of land, yards and open spaces so as to secure adequate light, pure air and safety from fire and other dangers; to conserve the taxable value of land and buildings throughout the City of Geneva; to lessen or avoid congestion in the public streets; to regulate and restrict the bulk, height, design, percent of lot occupancy and the location of buildings; to protect the character and values of the agricultural, residential, business, industrial, institutional and public areas and to assure their orderly and beneficial development; to provide an orderly plan for the economical and best use of public facilities, such as recreation areas, schools, Municipal buildings and hospitals; to provide for the most advantageous use of public utilities, such as water production and transmission, sewage collection and disposal and storm drainage; and to provide for the growth and development of lands. For said purposes this Zoning Code divides the City into various districts.

(Ord. 2337. Passed 10-20-92.)

   In the construction of this Zoning Code and in interpreting and applying the provisions hereof, said provisions shall be held to be minimum requirements adopted for the promotion of the public health, safety, comfort, convenience and general welfare.

   This Zoning Code shall not repeal, abrogate, annul or in any way impair or interfere with any existing provision of law or ordinance or any rules or regulations previously adopted or issued, or which shall be adopted or issued, pursuant to law, relating to the use of buildings or premises, provided, however, that where this Zoning Code imposes a greater restriction upon the use of buildings, lots, lands or premises or upon the height, area or size of lots or buildings, or requires larger yards, than are imposed or required by said existing provisions of law or ordinance or by such rules or regulations, or by easements, covenants or agreements, the provisions of this Zoning Code shall control.

   The provisions hereof are cumulative and are additional limitations on all other laws and ordinances heretofore passed, or which may be hereafter passed, governing any subject matter of this Zoning Code. Nothing herein shall be deemed or construed to repeal, amend, modify, alter or change any other ordinance or part thereof not specifically repealed, amended, modified, altered or changed herein, except in such particulars or matters as this Zoning Code is more restrictive than such other ordinances or parts thereof. In all particulars wherein this Zoning Code is not more restrictive, each such other ordinance shall continue and shall be in full force and effect. Notwithstanding any rule, decision or regulation to the contrary, the provisions of this Zoning Code shall be liberally construed to effectuate the purposes set forth herein.

(Ord. 2337. Passed 10-20-92.)

   Upon any territory being annexed to this Municipality, the area so annexed shall become a part of the zoning district established by this Zoning Code to which the annexed area is contiguous. The Planning Commission shall, in case of doubt, determine the district to which such area shall become a part, until such time as the Council, by proper legislation, incorporates such area into a district created hereby.

(Ord. 2337. Passed 10-20-92.)

   Should any section or provision of this Zoning Code be declared by any court to be unconstitutional or invalid, such decision shall not affect the validity of this Zoning Code as a whole or any part thereof other than the part so declared to be unconstitutional or invalid.

(Ord. 2337. Passed 10-20-92.)

   (a)   For the purposes of this Zoning Code, certain terms or words used herein shall be interpreted as follows:

      (1)   The word "person" includes a firm, corporation, association, organization, partnership, trust and company, as well as an individual.

      (2)   The present tense includes the future tense; the singular number includes the plural and the plural number includes the singular.

      (3)   The word "shall" is mandatory and the word "may" is permissive.

      (4)   The words "used" and "occupied" include the words "intended, designed, or arranged to be used or occupied".

      (5)   The word "lot" includes the words plot, plat and parcel.

   (b)   For the purposes of this Zoning Code, the following words and phrases shall have the meanings respectively ascribed to them in this subsection:

      (1)   Accessory building--A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of the main building. No accessory building shall exceed the main building in height or floor area.

      (2)   Administrator or Zoning Administrator--The official charged with the enforcement of the provisions of this Zoning Code. Unless otherwise specified by the City Council, the Planning and Zoning Administrator or the City Manager shall be the Administrator.

      (3)   Alley--A public thoroughfare not more than twenty feet in width which has been dedicated or deeded to the City of Geneva for public access and use to an abutting property.

      (4)   Alley line--The lot line dividing a lot from an alley.

      (5)   Architect--An architect registered by the State of Ohio.

      (6)   Auto wrecking yard--Land used to dismantle or store two or more inoperable motor vehicles or trailers, or land used to store, sell or dump partly dismantled, obsolete or wrecked vehicles or their parts.

      (7)   Board--The Board of Zoning Appeals.

      (8)   Building--Any structure, including mobile homes or house trailers, designed, built or occupied as a shelter or enclosure for persons, animals or property of any kind.

      (9)   Building height--The vertical distance from the finished grade to the highest point on the coping of a flat roof, or to a point midway between the lowest gutter or drip line and the peak of the highest gable of a pitch or hip roof.

      (10)   Building, main--A building in which is conducted the principal use of the lot on which it is situated.

      (11)   Certificate of occupancy--A certificate signed by the Administrator stating that a structure conforms to, or that a use will conform to, this Zoning Code.

      (12)   City Council or Council--The City Council of the City of Geneva.

      (13)   Commission--The Planning Commission.

      (14)   District, Commercial--The term Commercial District shall include those zoning districts designated as retail business.

      (15)   District, Industrial--The term Industrial District shall include those zoning districts designated as industrial and Planned Industrial Development Districts.

      (16)   District, Residential--The term Residential District shall include those zoning districts designated as Single-Family Residential, Mobile Home Park and Planned Residential Development Districts.

      (17)   Duplex--A building consisting of two dwelling units.

      (18)   Dwelling--Any structure designed for use for residential purposes, but not including hotels, boarding houses, tourist cabins, motels or trailers.

      (19)   Dwelling, multifamily--A building consisting of three or more dwelling units.

      (20)   Dwelling, single-family--A building consisting of one dwelling unit.

      (21)   Dwelling unit--One or more rooms intended to be occupied by and providing facilities for one family, including rooms and/or facilities for cooking, bathing and toilet facilities.

      (22)   Engineer--An engineer registered by the State of Ohio.

      (23)   Family--A single individual living upon the premises as a separate housekeeping unit, or a collective body of persons living together upon the premises as a single housekeeping unit, provided that unless all members are related by blood, marriage or adoption, no such family shall contain over five persons.

      (24)   Floor area--The sum of the floor space enclosed by exterior walls and/or fire walls of a building measured from outside wall to outside wall.

      (25)   Flood plain--Those areas indicated on the Flood Insurance Rate Map.

      (26)   Front wall--That wall which most nearly parallels the street frontage of a premises or, on a premises which does not face a street, a wall facing a parking lot.

      (27)   Front yard--A yard extending the full width of the lot upon which it is located between the street line of such lot and any structure located thereon.

      (28)   Game room--A place of business within a building or any part of a building having more than three mechanical or electronic amusement devices.

      (29)   Garage, private--An accessory building or part of a main building used for the storage of motor vehicles as an accessory use.

      (30)   Grade, finished--The average elevation of the surface of the ground adjoining the building after completion of construction.

      (31)   Gross floor area--The sum of the horizontal areas of the several floors of a structure at or above ground level, excluding areas used for accessory garage purposes and such areas as are devoted exclusively to uses accessory to the operation of the main structure. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.

      (32)   Home occupation--A trade, profession or business conducted only by members of the family occupying a dwelling unit and only as an accessory to the principal use thereof. (See Section 1270.11.)

      (33)   Junk yard--Land used to store, sell or dump secondhand materials, chattels, junk, waste paper, containers or other salvage.

      (34)   Kennel--Any place in or at which four or more dogs and/or cats more than four months of age are kept, or where any number of dogs and/or cats are kept for the purpose of sale or rental or in connection with boarding, care or breeding for which a fee is charged. Kennels shall have pens designed for secure confinement.

      (35)   Lot--A parcel of land which has been duly recorded among the land records by the County Recorder.

      (36)   Lot, corner--A lot abutting on two streets at their intersection, where the angle of the intersection is not more than 135 degrees.

      (37)   Lot, depth--The mean horizontal distance between the front and rear lot lines.

      (38)   Lot line--The boundary of a lot separating it from adjoining property.

      (39)   Lot width--The horizontal distance between the side lot lines measured at the front setback.

      (40)   Mobile home--An industrialized unit constructed on a permanent chassis for towing to the point of use and designed to be used without a permanent foundation for occupancy as a dwelling and which is designed for removal to and installation or erection on other sites.

      (41)   Nonconforming structure--A structure that does not conform to the regulations herein for the district in which it is located.

      (42)   Nonconforming use--A use of a structure or land that does not conform to the regulations herein for the district in which it is located.

      (43)   Public use--Any activity or function carried on by a governmental organization.

      (44)   Rear yard--A yard extending the full width of a lot between the main structure and the rear lot line.

      (45)   Recreational vehicle--Travel trailers, pick-up campers, motorized homes, folding tent trailers, boats, boat trailers and similar vehicles.

      (46)   Roadside stand--A temporary structure used or intended to be used solely for the sale of agricultural products produced on the premises.

      (47)   Roof line--The highest point of any structure exclusive of chimneys, belfries, spires, antennas and similar appurtenances.

      (48)   Service floor area--The full floor area used or intended to be used in merchandising service, amusement, assembly places or similar types of uses, for service to the public as customers, patrons, clients, patients or tenants, and includes areas occupied by fixtures and equipment used for service, display or sale of merchandise. It shall not include floor areas used principally for nonpublic purposes, such as the storage or packaging of merchandise or laboratory work. The service floor area for business and professional offices, clinics and manufacturing establishments shall be the gross floor area of the structure occupied.

      (49)   Service station--A building or portion thereof and the land on which said building or portion thereof is located, used for the sale of gasoline, diesel or other fuels, lubricants and motor vehicle accessories, or for other minor services and repairs to motor vehicle engines.

      (50)   Setback--The minimum distance by which any building or structure shall be separated from any lot line.

      (51)   Shopping center--A lot or lots under single ownership, control or management on which are located five or more commercial establishments containing at least 15,000 square feet and having a common parking lot and shared driveway entrances.

      (52)   Sign--An advertisement, announcement, mark of identification or symbol attached to or painted upon any building, structure or land, which display is visible beyond the boundaries of the lot. Such displays attached to moveable trailers or frames shall be construed to be signs for the purposes of this Zoning Code.

      (53)   Sign, area of--The area of a sign shall be determined from its outside measurements, including any wall work incidental to its decoration, but excluding supports, unless such supports are used to attract attention. In the case of a sign where lettering appears on opposite sides of a sign, the area shall be considered to be that of only one face. In the case of an open sign made up of individual letters, figures or designs, the area shall be determined as if such display were made on a sign with straight lines or circular sides.

      (54)   Sign, free-standing--A sign erected on a free-standing frame, mast or pole and not attached to any building.

      (55)   Sign, wall--A sign attached to the wall of a building with the face in a plane parallel to the plane of the wall.

      (56)   Structure--Anything built or erected, including, but not limited to, buildings, shelters, stadiums, reviewing stands, bandstands, display stands, bleachers, booths, swimming pools, skating rinks, fences, sheds, gazebos, tanks above or below ground, and signs and the supporting framework thereof and appurtenances thereto.

      (57)   Surveyor--A surveyor registered by the State of Ohio.

      (58)   Travel trailer--A vehicle built on a chassis and designed as a temporary dwelling for travel or recreation and having a gross weight of less than 4,500 pounds or a body length of less than thirty feet.

      (59)   Use--The specific purpose for which land or a building is designed, arranged or intended or for which it is or may be occupied or maintained.

      (60)   Use, accessory--A subordinate use customarily incidental to and located upon the same lot occupied by the main use.

      (61)   Use, main--The principal activity on a premises.

      (62)   Wholesale--The sale of commodities in larger quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments for resale, use in the fabrication of a product or use by a business service.

(Ord. 2337. Passed 10-20-92.)