Zoneomics Logo
search icon

Hiram City Zoning Code

CHAPTER 1103

Definitions

1103.01 INTERPRETATION OF WORDS OR TERMS.

   For the purpose of this Code, certain words shall be interpreted as follows:
   (a)   The word “person” includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.
   (b)   The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
   (c)   The present tense includes future tense, the singular number includes the plural and visa versa.
   (d)   The words “used” or “occupied” include the words, “intended”, “designed” or “arranged to be used or occupied”.
   (e)   The word “lot” includes the words “plot” or “parcel”.
   (f)   Any word or term not defined herein shall be given a meaning found in Webster’s Dictionary. (Ord. 88-10. Passed 1-10-89.)

1103.02 DEFINITIONS.

   (1)   Abandoned Well: Any producing well which has not been operated for six (6) months, and any drilling operation that has ceased for thirty (30) consecutive days.
   (2)   Abut: To physically have property or district lines in common.
   (3)   Accessory Use or Structure: A use or structure on the same lot with, and a nature customarily incidental and subordinate to, the principal use or structure.
   (4)   Addition: Any construction which increases the size of a building.
(Ord. 88-10. Passed 1-10-89.)
   (5)   Adult Residential - Institutional: A facility licensed to provide residential care for 17 or more adults needing daily assistance, but not skilled nursing care, or 11 or more adults receiving skilled nursing care for treatment and healing from sickness/injury.
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-90.)
   (6)   Agriculture: The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses.
   (7)   Airport: Any runway, land area or other facility designed or used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary buildings, and open spaces.
   (8)   Aisle: The traveled way by which cars enter and depart parking spaces.
   (9)   Alley: See thoroughfare.
   (10)   Alterations, structural: Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
   (11)   Amendment: A change in an adopted plan for site plans or to the Zoning Code.
   (12)   Annexation: The incorporation of land from an unincorporated area to a municipality.
   (13)   Apartment: See dwelling, multi-family.
   (14)   Applicant: The record owner of the real property, and owner if different from the record owner and producer, it being the intent that the record owner, owner and producer shall comply with all laws and regulations and shall be treated as jointly and severally responsible for all acts performed in drilling, production and abandonment of oil and gas wells.
   (15)   Automotive, Mobile Home, Travel Trailer, and Farm Implement Sales: The sale or rental of new and used motor vehicles, mobile homes, travel trailers, or farm implements, but not including repair work except incidental warranty repair of same to be displayed and sold off the premises.
   (16)   Automotive Repair: The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.
   (17)   Automotive Wrecking: The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
   (18)   Basement: A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.
(Ord. 88-10. Passed 1-10-89.)
   (19)   Bed and Breakfast Establishment: A use subordinate to single family, owner occupied, dwelling unit use in which overnight guests are provided a sleeping room and board, in return for payment.
   (20)   Boarding House, Rooming House, Lodge: An owner-occupied building or part thereof, other than a hotel, motel, restaurant, where meals and/or lodging are provided for compensation. These uses shall also be characterized by the joint use by the inhabitants of at least one of the following: Kitchen area, dining room, restroom, bath area.
(Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-10-90.)
   (21)   Buffer Zone: A strip of land, identified within the Zoning Code, which protects one type of land use from another with which it is incompatible.
   (22)   Building: Any structure designed or intended for the support, enclosure, shelter, or protection of persons, animals, chattels or property.
   (23)   Building, Accessory: A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.
   (24)   Building Height: 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 the mean height between eaves and ridge for gable, hip and gambrel roofs.
   (25)   Building Line: A line parallel with and measured from the front lot line, defining the limits of a front yard in which no building or structure may be located above ground, except as provided in this Zoning Code.
   (26)   Building, Principal: A building in which is conducted the main or principal use of the lot on which said building is situated.
   (27)   Business, Convenience: Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores if less than 10,000 square feet in floor area. Uses in this classification tend to serve day-to-day needs in the neighborhood.
   (28)   Business, General: Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day to day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores and discount stores.
   (29)   Business, Highway: Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include but need not be limited to such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.
   (30)   Business, Office Type: Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic or religious or educational nature are also included in this classification.
   (31)   Business, Services: Any profit making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
   (32)   Business, Wholesale: Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
   (33)   Cemetery: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
   (34)   Central Sewer System: Individual units connected to a common sewage disposal system.
   (35)   Central Water System: Individual units connected to a common water distribution system.
   (36)   Certificate of Occupancy: Official certification that a premise conforms to the provisions of the Zoning Code and that such premise may be used or occupied.
   (37)   Channel: A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
   (38)   Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, usually on an outpatient basis.
   (39)   Club: A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
   (40)   Cluster Development: A development pattern in which the buildings are grouped or “clustered” through a density transfer, rather than spread evenly throughout a parcel as in conventional lot-by-lot development, typically to provide more common open space or special site features, and to reduce costs of development.
   (41)   Commission: The Village Planning Commission.
   (42)   Common Land: A parcel, or parcels of land, together with the improvements thereon, the use and enjoyment of which are intended to be shared by the owners and occupants of the individual building units in a planned residential, commercial or industrial development.
   (43)   Comprehensive Development Plan: A plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the Village of Hiram, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives and policies of the community.
   (44)   Compressor Station: A facility that compresses natural gas for transmission through the pipeline distribution system.
   (45)   Conditional Use: A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Planning Commission.
   (46)   Conditional Use Permit: A permit issued by the Zoning Inspector upon approval by the Planning Commission to allow a use other than a principally permitted use to be established within the District.
   (47)   Condominium: A form of real estate ownership where there is a fee simple ownership of an individual unit and fractional ownership with other persons in the common areas of the project and submitted to the provisions of Ohio R.C. Chapter 5311.
   (48)   Congregate Living Facility: Any building, residence or other place which operator provides personal services except skilled nursing services for up to 8 persons. Such facilities contain only congregate kitchen, dining and living areas with separate sleeping rooms.
(Ord. 88-10. Passed 1-10-89.)
   (49)   Conservation Subdivision: The grouping of homes onto part of a parcel, with the remaining acreage preserved as open space lands. Conservation subdivision developments emphasize the preservation of natural environment as a basis for grouping of dwellings. Homes are separated from adjacent property or other groupings of dwellings by the substantial open space that is permanently protected from development.
(Ord. 99-12. Passed 7-13-99.)
   (50)   Contractor: Any third party engaged by an owner or producer to conduct drilling, producing or other operations.
   (51)   Corner Lot: See lot types.
   (52)   Council: The Hiram Village Council.
   (53)   Cul-de-sac: See thoroughfare.
   (54)   Cultural Resources: Sites, structures and artifacts which are associated with our heritage. Their significance is archeological, historical, aesthetic, architectural or has a local cultural significance.
   (55)   Cultural Resource District: An area designated by ordinance which must contain one or more archaeological, historic, aesthetic, architectural or culturally significant features and/or landmarks, or the Cultural Resource District may have significance because of a collection of structures, artifacts, or sites which may contribute to the overall integrity of the theme, but may have little significance individually.
   (56)   Dead-end Street: See thoroughfare.
   (57)   Dedication: The transfer of property from private to public ownership.
   (58)   Deleterious Matter: Any chemical, salt water, oil field brine, waste oil, waste emulsified oil, basic sediment, mud, or injurious substance produced or used in the drilling, development, transportation, refining and processing of oil and gas.
   (59)   Density: A unit of measurement; the number of dwelling units per acre of land.
      A.   Gross density: the number of dwelling units per acre of total land to be developed.
      B.   Net density: the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
   (60)   Division: The Division of Oil and Gas, Department of Natural Resources for the State of Ohio.
   (61)   Dwelling: Any building or structure (except a manufactured home as defined by Ohio R.C. 4501.01) which is wholly or partly used or intended to be used for living or sleep by one or more human occupants.
   (62)   Dwelling, Manufactured Home: Any non-self propelled vehicle, transportable in one or more sections, which in the traveling mode, is eight (8) feet or more in width or forty (40) body feet in length, and which is built on a permanent chassis and designed to be used as a dwelling with or without foundation when connected to the required utilities and includes the plumbing, heating, and electrical systems contained therein.
   (63)   Dwelling Unit: Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
   (64)   Dwelling, Single Family: A detached dwelling, designed exclusively for occupancy by one family.
   (65)   Dwelling, Two-Family: A building, designed and used exclusively by two (2) families, living independently of each other.
   (66)   Dwelling, Multi-Family: A building, designed and used exclusively by three or more families, living independent of each other.
   (67)   Dwelling, Modular: A factory assembled dwelling unit, which when constructed or placed on the site, is self sufficient, except for necessary preparations for its placement, but not a mobile home or manufactured home. Modular homes must meet the requirements of the Ohio Building Code as adopted by Portage County.
   (68)   Dwelling, Dormitory: A building, or part thereof, owned and operated by a school or college, where meals and/or lodging are provided for fees, for three or more unrelated persons.
   (69)   Dwelling, Row House/Town House: Three or more one-family units, each having access on the first floor to the ground with common walls separating the dwelling units.
   (70)   Easement: Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner’s property.
   (71)   Entertainment Facilities: Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges, and similar entertainment activities.
   (72)   Essential Services: The erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or similar equipment and accessories in connection therewith, which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
   (73)   Family: One person, a group of persons related by blood, marriage or legal adoption, or up to two unrelated, adult individuals in a dwelling unit.
(Ord. 88-10. Passed 1-10-89.)
   (74)   Fence: A barrier two feet or taller which appears to be permanent.
(Ord. 91-13. Passed 9-10-91.)
   (75)   Flood Plain: That land, including the flood fringe and the floodway, subject to inundation by the regional flood. (100 year interval average frequency).
   (76)   Floodway: That portion of the flood plain, including the channel which is reasonably required to convey the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
   (77)   Floodway Fringe: That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
   (78)   Floor Area, Gross: The sum of all the horizontal areas of every floor of a building, measured from the interior faces of the exterior walls. Except as otherwise specified, the floor area of a building includes halls, stairways, elevator shafts, floor space used for mechanical equipment, attached garages, roofed porches, attics with 7'10" headroom, floor area devoted to accessory uses.
   (79)   Floor Area, Living: The sum of the gross horizontal area of the floors of a residential building, excluding the basement floor areas not devoted to residential use: porches, terraces, garages, or other spaces not in compliance with Building Code specifications for habitable space.
   (80)   Floor Area, Ratio: The total floor area of a building or buildings on a lot divided by the area of the lot. Example: floor area ratio of 2 on a 10,000 square foot lot allows a developer to have buildings not exceeding 20,000 square feet.
   (81)   Food Processing: The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.
   (82)   Garages, Private: A detached accessory building or an accessory portion of a principal building for the parking or temporary storage of automobiles, travel trailers, and/or boats of the occupants of the premises.
   (83)   Garage, Public: A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
   (84)   Garage Sale: (Lawn sale, rummage sale). The sale of tangible personal property, which is advertised by any means where the public is or can be made aware of the sale.
   (85)   Garage, Auto Service Stations: Buildings and premises where repairs and servicing of vehicles is the primary use and where retail sales of auto parts and supplies may be made, incidental to the auto service and repair function.
   (86)   Gas: All natural and other fluid hydrocarbons not herein defined as oil, including condensate. “Condensate” means liquid hydrocarbons that were originally in a gaseous phase in the reservoir.
   (87)   Gas Station: Buildings or premises where gas, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed. Minor auto services may be rendered.
   Uses permissible at a gas station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in filling stations. A gas station is not a repair shop or a body shop.
   (88)   Grade, Finished: The average level of the finished surface of the ground adjacent to the exterior walls of a building or in the case of earth bermed buildings, the ground adjacent to the berm.
      
   (89)   Grade, Natural: The elevation of the undisturbed natural surface of the ground prior to an excavation or fill. (Ord. 88-10. Passed 1-10-89.)
   (90)   Group Home (Adult): A housing and care facility licensed or certified to serve adults needing daily assistance, but not skilled nursing care, operating as a single housekeeping unit. (Ord. 2015-19. Passed 9-8-15.)
   (91)   Hospital: A building which maintains an establishment for the medical, surgical or psychiatric care of bed patients for longer than 24 hours; which is open to the general public 24 hours a day for emergency care; which has a minimum of ten patient beds, and an average of 2,000 patient days/year, and which has on duty a registered nurse 24 hours a day.
   (92)   Hotel or Motel and Apartment Hotel: 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 as opposed to a boarding house, rooming house, lodging house, or dormitory.
   (93)   Institution - Human Care: A building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitation, counseling or other correctional services.
   (94)   Institution - Educational, Religious, Charitable: Buildings and/or land designed to aid individuals in educational, religious, charitable or other such pursuits.
(Ord. 88-10. Passed 1-10-89.)
   (95)   Junk Shop, Junk Buildings, Junk Yards: Any area of at least 75 square feet of land, buildings, or structures, whether for private or commercial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, paper, rags, rubber, cordage, barrels, etc. are stored; any land used for storing or keeping of two or more junk motor vehicles in the open, on any premises for more than 72 hours. (Ord. 88-10. Passed 1-10-89; Ord. 89-35. Passed 1-9-89.)
   (96)   Junk Vehicles: Any vehicle meeting the following:
      A.   Extensively damaged: such damage includes but is not limited to any one of the following: missing wheels, tires, motor or transmission; or
      B.   Inoperable; or
      C.   Unlicensed.
   (97)   Kennel: Any lot or premises on which 2 or more dogs, more than 3 months of age, are bred, or trained.
   
   (98)   Landscaping: Changing or adding to the original vegetation or scenery of a piece of land to produce an aesthetic affect appropriate for the land use.
   (99)   Loading Space, Off-Street: Space logically and conveniently located for merchandise and material pickups and deliveries, by commercial vehicles on the same lot as the building or group of buildings and located totally outside of any street or alley right-of-way.
   (100)   Location Map: See Vicinity Map.
   (101)   Lot: A lot is a parcel of land sufficient in size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required.
   (102)   Lot Coverage: The ratio of enclosed ground floor area to all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
   (103)   Lot Depth Line: The mean horizontal distance between the right-of-way line and the rear lot line.
   (104)   Lot Frontage: The horizontal distance measured between the side lot lines at the street right-of-way line.
   (105)   Lot Width: The horizontal distance measured between the side lot lines at the building set back line.
   (106)   Lot of Record: 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 prior to the effective date of this Zoning Code.
   (107)   Lot Types:
      A.   Corner Lot: A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty-five (135) degrees.
      B.   Interior Lot: A lot with only one frontage on a street.
      C.   Through Lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
      D.   Reversed frontage lot: A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
   (108)   Major Thoroughfare Plan: The portion of comprehensive plan adopted by the Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.
   (109)   Maintenance and Storage Facilities: Land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.
   (110)   Manufacturing, Light: Manufacturing or other industrial uses which are usually controlled operations: relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
   (111)   Manufacturing, Extractive: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resource.
   (112)   Marquee: Any hood or awning of permanent construction projecting from the wall of a building, above an entrance over a street or sidewalk, or portion thereof.
   (113)   Manufactured Home Park: Any site, or tract of land under single ownership, upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
   (114)   Nuisance: Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses.
   (115)   Nonconformities: A building, structure or use of land existing at the time of enactment of this Zoning Code, and subsequent amendments, and which does not conform to the regulations of the district or zone in which it is situated.
   (116)   Nursing Home: (Institutional) A state licensed home or facility for the care and treatment of people on a long term basis. (See Rest Home).
   (117)   Nursery, Plant Materials: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening and landscaping.
   (118)   Oil: Crude petroleum oil and all other hydrocarbons, regardless of gravity, that are produced in liquid form by ordinary production methods, but does not include hydrocarbons that were originally in a gaseous phase in the reservoir.
   (119)   Oil and Gas Wells: All wells as defined herein for the production or extraction or injection of oil and/or gas and/or associated waste brines.
(Ord. 88-10. Passed 1-10-89.)
   (120)   Open Space: An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, and any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation, and required side, front and rear yards, and wetlands shall not be included. Bodies of water as well as any area within a designated flood hazard area, shall comprise more than 50 percent of the required common open space.
(Ord. 88-10. Passed 1-10-89; Ord. 97-34. Passed 2-10-98.)
      
   (121)   ORC: Shall mean the Ohio Revised Code.
   
   (122)   Owner: The person who has the right to drill on a tract or drilling unit and to drill into and produce from a pool and appropriate the oil and gas that is produced therefrom for themselves or others and as registered with the permit issued by the Ohio Division of Oil and Gas.
   (123)   Parking Space: An area adequate for parking an automobile with room for opening doors on both sides, exclusive of passageways and driveways giving access to the automobile.
   (124)   Performance Bond or Surety Bond: An agreement by a subdivider or developer with the Village of Hiram for the estimated amount of construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider’s or developer’s agreement.
   (125)   Permittee: The person to whom is issued a permit or permits.
   (126)   Person: Shall mean and include any person, firm, partnership, association, corporation, trust, cooperative or other type of organization.
   (127)   Personal Services: Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
   (128)   Planned Unit Development: An area of land in which a variety of housing types and subordinate commercial and industrial facilities may be accommodated in a unified, pre-planned environment under more flexible standards, such as lot sizes, and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.
   (129)   Planning Commission: The public body empowered to prepare plans and administer land use controls.
   (130)   Professional Activities: The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
   (131)   Plat: A map of a subdivision.
   (132)   Producer: The owner of a well capable of or producing oil or gas or both, or a person intending to produce an oil and/or gas well. Production shall include transmission of oil and gas within pipelines when used in this Zoning Code.
   (133)   Pollution: The contamination or other alteration of the physical, chemical or biological properties of any natural waters of the Village, or such discharge of any liquid, gaseous or solid substance into the air or any water of the Village that will or is likely to create a nuisance or render such air or waters harmful or detrimental or injurious to public health, safety or welfare; to domestic, commercial, agricultural, recreational or other beneficial uses; or to livestock, animals or aquatic life.
   (134)   Public Service Facility: The erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
   (135)   Public Way: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, bicycle path; or other ways in which the general public or a public entity have a right or which are dedicated, whether improved or not.
   (136)   Quaispublic Use: Churches, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic or non-profit nature.
   (137)   Recreation Facilities: Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing, and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums, bowling alleys and tennis courts.
   (138)   Recycling Facility: A building in which recyclable materials are processed for sale; materials are collected in enclosed containers.
   (139)   Research Activities: Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said building.
   (140)   Rest Home or Nursing Home: (Non-Institutional) A facility licensed or certified to provide domicillary care for 9 to 16 individuals who are dependent on the services of others by reasons of health, physical or mental impairment (not mental retardation or developmental disabilities) but who do not require skilled nursing care.
   (141)   Retirement Home Facility: A facility providing living quarters, either owned or rented to persons age 55 years of age or older. Such facility may be a single structure or a group of structures, and may include medical, recreational and commercial services if such services are available and predominantly designed for residents and their guests. Developed as a Planned Unit Development.
   (142)   Road Right-of-Way: A strip of land taken or dedicated or reserved for the public, or in the case of private streets, for the benefitting property owners.
   (143)   Roadside Stand: A temporary structure designed or used for display or sale of agricultural and related products by the owner or lessee of the property on which it is located. Products are sold from the premises.
   (144)   Satellite Signal Reception Device: A structure or combination of structures, designed to receive television broadcasts or other signals from earth orbiting communication satellites.
   (145)   Screening Strip: A strip of land planted with evergreen, shrubs, or other materials to serve as a natural fence, or to limit access of neighboring lots.
   (146)   Seat: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed, or indicated, or each twenty-four (24) lineal inches of benches, pews or space for loose chairs.
(Ord. 88-10. Passed 1-10-89.)
   (147)   Setback Line: A line established by the Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, including but not limited to accessory buildings, and structures may be located above ground, except as may be provided in said Zoning Code.
(Ord. 98-22. Passed 10-13-98.)
   (148)   Sewers, On-Site: A septic tank, or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the health department or other officials having jurisdiction.
   (149)   Sidewalk: That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.
   (150)   Sign: Any device designated to inform or attract the attention of persons not on the premises on which the sign is located.
      A.   Sign, On-premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.
      B.   Sign, Off-premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is located.
      C.   Sign, Illuminated: Any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.
      D.   Sign, Lighting Device: Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.
      E.   Sign, Ground and Pole: A sign supported by uprights or braces, placed on or in the ground.
      F.   Sign, Projecting: Any sign which projects from the exterior of a building.
      G.   Sign, Wall: A sign painted on, attached to the wall of a building with the exposed face of the sign in a plane parallel to the plane of the wall.
      H.   Sign, Area: That area within a regular geometric form, or combination comprising all of the display area of the sign except frames and structural members not be used for advertising.
   (151)   Site Plan: The drawing for the development of a parcel, showing appropriate site features, structures or improvements, as proposed.
   (152)   Story: That part of a building between the surface of a floor and the ceiling immediately above.
   (153)   Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, walls, fences and signs.
(Ord. 88-10. Passed 1-10-89.)
   (154)   Structures Not Requiring a Permit: Anything constructed or erected, the use of which requires location on the ground or attached to something having a fixed location on the ground, with an outer perimeter less than 60 linear feet, with a surface area less than 200 sq. ft. and with a height less than 15 feet. Such structures may not be closer than 5 feet from any property line. Such structures may not be attached to a principal or accessory building changing its setback. Among other things, such structures include doghouses and their enclosed fenced-in areas, tool sheds, flagpoles, tree houses, garden fountains and ponds, swing sets and other customary family recreation structures. Signs, fencing and satellite dish antennas are not included in this definition but rather governed by a separate ordinance.
(Ord. 2001-20. Passed 8-21-01.)
   (155)   Swimming Pool: A pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
      A.   Family: Exclusively used without paying an additional charge for admission by the residents and guests of a household.
      B.   Commercial/Community: A body of water used for swimming for which there is a charge for use.
   (156)   Thoroughfare, Street or Road: The full width between property lines, with a part thereof to be used for vehicular traffic and designated as follows:
      A.   Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
      B.   Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
      C.   Collector Street: A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
      D.   Cul-de-sac: A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
      E.   Dead-end street: A street temporarily having only one (1) outlet for vehicular traffic.
      F.   Local street: A street primarily for providing access to residential or other abutting property.
      G.   Loop street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) Degree system of turns are not more than one thousand (1000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.
      H.   Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called frontage street).
      I.   Private Street: A thoroughfare not dedicated for public use which provides access to abutting property.
      J.   Street, Public: A thoroughfare, dedicated and accepted by a community which provides access to abutting property.
   
   (157)   Temporary Shelter: A building operated under the full time supervision of a non- profit agency in which emergency lodging and meals are provided for a period not to exceed fourteen (14) days.
   (158)   Through Lot: See lot types.
   (159)   Transportation, Director of: The Director of the Ohio Department of Transportation.
   (160)   Use: The specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
   (161)   Variance: A variance is a modification of the strict terms of the relevant regulations where such modification 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 regulations would result in practical difficulty.
   (162)   Veterinary Animal Hospital or Clinic: A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
   (163)   Vicinity Map: A drawing located on the plat or drawing which sets forth by dimensions or other means, the relationship of the proposed subdivision or development, or use to the other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
   (164)   Village: The Village of Hiram, Ohio.
   (165)   Village Engineer: A licensed professional engineer with academic training and experience in engineering, and employed by the Village.
   (166)   Village Geologist: A professional geologist with academic training and experience in geology, and employed with the Village.
   (167)   Village Hydrologist: A professional hydrologist with expertise and training in the science of water, its properties, phenomena and distribution, particularly with reference to ground water sources who is employed with the Village.
   (168)   Village Petroleum Engineer: A professional engineer or geologist with academic training and experience in the field of petroleum exploration and extraction, who is employed by the Village.
(Ord. 88-10. Passed 1-10-89.)
   (169)   Wall: See fence. (Ord. 91-13. Passed 9-10-91.)
   (170)   Water or Waters of the Village: All streams, ditches, lakes, ponds, marshes, watercourses, waterways, wells, springs, drainage systems and all other bodies or accumulations of water, surface and underground, natural or artificial, public or private, which are contained within, flow through or border upon the Village or any portion thereof.
   (171)   Well: Any hole or holes, bore or bores, to any depth for the purpose of production, recovery, extraction or injection of any gas or liquid mineral, excluding potable water to be used as such, but including natural or artificial brines and oil filled waters.
   (172)   Yard: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the graded lot upward, provided, accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
      A.   Yard, Front: A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
      B.   Yard, Rear: A yard extending between side lot lines across the rear of the lot and from the rear lot line to the rear of the principal building.
      C.   Yard, Side: A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
   (173)   Zoning Inspector: The person designated by the Village to perform the task of Zoning Inspector.
   (174)   Zoning Map: The official Zoning District Map which shows the boundaries of districts within the Village.
   (175)   Zoning Permit: A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 88-10. Passed 1-10-89.)