Lancaster City Zoning Code
CHAPTER 1161
Definitions
1161.01 DEFINITIONS.
For the purpose of this Ordinance, certain terms are herein defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory; the word "used" shall include the words "arranged," "designed," "constructed," "altered," "converted" or "intended to be used," and a "person" shall mean, in addition to any individual, a firm, corporation, association, or any legal entity which may own and/or use land or Buildings.
ACCESSORY DWELLING UNIT (ADU) - A smaller, secondary dwelling unit on the same lot or within a primary dwelling unit. An ADU is an independent dwelling unit that provides for the basic requirements of shelter, heating, cooking, and sanitation.
ADU, Accessory Suite: An ADU that is adjacent and connected to or located completely within the primary dwelling unit, including but not limited to the basement, attic, attached garages, or an addition to primary structure.
ADU, Detached: An ADU located in a structure that is detached from primary dwelling unit, including but not limited to a detached garage or a newly constructed structure.
ACCESSORY STRUCTURE OR USE - A use or structure subordinate to the principal use of a building on the lot or tract and serving a purpose customarily incidental to the use of the principal building. Accessory structures are located on the same lot as the primary structure and are not designed for human occupancy as a dwelling or commercial use. Examples of accessory structures are detached private garages, storage or garden sheds, pool houses, metal storage buildings, hot tubs and other similar type buildings. This definition does not include gardens, patios, uncovered porches, and decks. Private swimming pools are regulated by Section 1147.10.
Community gardens are considered primary uses and shall not be considered an accessory structure or use. Any sheds, storage containers or other similar structures associated with a community garden shall be considered an accessory structure.
ADVANCED MANUFACTURING - A use that involves computer technology, robotics, or other innovation to improve a product or process.
AGRICULTURE - The use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, including structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm and family thereof, provided such agricultural use shall not include:
(a) Maintenance and operation of commercial greenhouses or hydroponic farms.
(b) Wholesale or retail sales as an accessory use, unless specifically permitted in a specific Zoning District.
(c) Feeding, grazing, or sheltering of animals in pens or confined areas within two hundred (200) feet of any residential use.
(d) The storage or feeding of garbage to animals or operation or maintenance of a commercial stockyard or feed lot.
(e) Raising fur-bearing animals as a principal use.
AIRPORT - A complex of runways and buildings for the takeoff, landing, and maintenance of civil aircraft that is approved and/or properly licensed by the Federal Aviation Authority or applicable agency.
ALLEY - A secondary access way that is a public right-of-way dedicated to public use for travel or transportation and affording vehicular access to abutting property.
ANIMAL SERVICES FACILITIES - any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases, and where the animals are not boarded or kept overnight except as necessary in the medical treatment of the animal. Animal care facilities may also include animal grooming establishments.
APPEAL - A request by an aggrieved party for a review of any adverse decision by an official, board or commission.
ARCHEOLOGY - means the scienti?c study of material remains (such as tools, pottery, jewelry, stone walls, and monuments) of past human life and activities.
AREA OF SPECIAL FLOOD HAZARD- the land in the Flood plain adopted by the City, including that identified by the Federal Emergency Management Agency (FEMA), which is subject to a one (1) percent or greater chance of Flooding in any given year.
ASSISTED LIVING FACILITY - A residential facility designed to meet housing and care needs of older persons and individuals with disabilities in a residential rather than institutional environment, while maximizing independence, choice, and privacy. Assisted living programs provide personal care for persons with needs for assistance in the activities of daily living and can respond to unscheduled needs for assistance. Services typically provided include: meals, housekeeping, laundry and linen service, medication monitoring, transportation, and activities. Assisted living settings also typically provide features that enhance resident autonomy, such as lockable doors, full bathrooms, temperature control, and single occupancy, and may provide limited cooking facilities in individual units. Assisted Living Centers exclude nursing homes and other special housing facilities as elsewhere defined.
AUTOMOBILE-ORIENTED USES - a use where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to, or for vehicles. Auto-oriented commercial facilities include, but are not limited to drive-thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thru banks, drive-in movie theaters, car washes (all types), gas stations (including convenience market), facilities specializing in oil changes, car repair, other similar auto service facilities, and stand-alone parking lots. The sale of vehicles (new and used) in addition to any facility that provides a fixed parcel pickup location is not included within this definition.
AUTOMOBILE OIL CHANGING FACILITY - A facility where oil is removed from a vehicle and new oil is placed into the vehicle without any repair services to the vehicle being provided.
AUTOMOBILE REPAIR - Any building or portion of a building used for the servicing and minor repair of automobile including but not limited to shall include the installation of exhaust systems, repair of the electrical system, transmission repair, brake repair, radiator repair, and tire repair.
AWNING - A hood or cover that projects from the wall of a building and which can be retracted, folded or collapsed against the face of the supporting Building.
BANK - A financial institution licensed to receive deposits and make loans. Such use may also include financial services including but not limited to wealth management, currency exchange, and safe deposit boxes.
BASE FLOOD - the Flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base Flood may also be referred to as the one hundred (100) year Flood.
BASEMENT - The portion of a building where the floor is not less than two (2) feet below and the ceiling is not more than four (4) feet, six (6) inches above the average Grade.
BED AND BREAKFAST - A residential use consisting of one dwelling unit with no more than eight (8) rooms or suites that are rented to the public for overnight or weekly accommodation for a fee. Only the breakfast meal may be prepared for the guests by the proprietor and no other meals are provided by the proprietor. The rented rooms do not contain cooking facilities and do not constitute separate dwelling units.
BEVERAGE SALES, ALCOHOLIC - A facility that is primarily devoted to the serving of alcoholic beverages. Food can be served but is incidental to the sale of beverages.
BEVERAGE SALES, MICROBREWERY - A limited production brewery, typically producing specialty beers and selling them on-site or for local distribution.
BILLBOARD - See Sign, Freestanding - Billboard
BIO-TECHNOLOGY - A facility designed to manipulate living organisms or their components to produce useful, common commercial products such as but not limited to pest resistant crops, new bacterial strains, and novel pharmaceuticals. This type of use is typically fully enclosed by four solid walls and a roof.
BODY ART ESTABLISHMENT - A building or portion of a building in which a practitioner performs body piercing, tattooing, branding, or application of permanent cosmetics.
BUILDABLE AREA - The area of a lot, exclusive of the required front, side, and rear setbacks, where a building can be constructed.
BUILDING - A combination of materials to form a construction that is safe and stable and adapted to permanent or continuous occupancy for public, institutional, residential, business, or industrial purposes.
BUILDING LINE - A line parallel to the right-of-way line and at a distance there from equal to the required depth of the front setback (as determined by the applicable Zoning District), and extending across the full width of the lot.
BUSINESS - Any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used in other businesses.
BUSINESS, RETAIL - a Use primarily engaged in the selling of merchandise including but not limited to clothes, food, furniture, guns, household goods, gifts, specialty items, and other similar goods, and the rendering of services that is incidental to the sale of the goods.
BUSINESS, LARGE RETAIL- a Retail or Wholesale business that is up to twenty thousand (20,000) square feet or larger.
BUSINESS, MEDIUM RETAIL - a Retail or Wholesale business that is up to twenty thousand (20,000) square feet in area.
BUSINESS, SMALL RETAIL - a Retail or Wholesale business that is less than five thousand (5,000) square feet in area and typically services nearby neighborhoods.
BUSINESS, WHOLESALE - A use that generally sells commodities in large quantities or by the piece to the general public, business members, retailers, or other wholesale establishments.
CEMETERY - Land used for or intended to be used for the burial of human or animal remains and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of the cemetery.
CERTIFICATE OF ZONING COMPLIANCE - A certificate issued by the Zoning Administrator confirming that the requirements of this Ordinance have been met and the building can be occupied.
CO - LOCATION - The use of a telecommunication tower by more than one (1) telecommunications provider.
COMMENCEMENT OF WORK - The time at which physical improvements begin to be made to a property or structure so that it may be utilized for its intended purpose stated in the Zoning permit.
COMMERCIAL RECREATIONAL FACILITY, LARGE - a facility that is full enclosed by four solid walls and a roof for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades. Large Commercial Recreational Facilities are greater than five thousand (5,000) square feet.
COMMERCIAL RECREATIONAL FACILITY, OUTDOOR- a facility that is not fully enclosed by four solid walls for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to fields for soccer fields, football, baseball, lacrosse or other related sports, racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades.
SMALL, OUTDOOR RECREATIONAL FACILITY - Less than five thousand (5,000) square feet.
LARGE, OUTDOOR RECREATIONAL FACILITY - Five thousand (5,000) square feet or larger.
COMMERCIAL RECREATIONAL FACILITY, SMALL- a facility that is fully enclosed by four solid walls and a roof for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades. Small Commercial Recreational Facilities are smaller than five thousand (5,000) square feet.
COMMUNICATION FACILITIES - A lot or an area of a lot that includes a telecommunication tower, radio tower, or other similar communication tools including any associated appurtenances.
COMMUNITY GARDEN - An area for cultivation of fruits, flowers, vegetables, or ornamental plants by more than one person or family generally organized and managed by a public or not-for-profit organization.
COMMUNITY SERVICES - Institutional uses that include but are not limited to community centers, museums, galleries, libraries, and other similar facilities.
CONTRACTOR OFFICE - facility or area for the storage of materials, equipment, and commercial vehicles utilized by building and construction contractors, craftsmen and tradesmen, and may include accessory offices related to such activities.
DATA PROCESSING CENTER - A facility that houses computer systems and associated data and is focused on the mass storage of data.
DAY-CARE CENTERS - Any place in which child day care or publicly funded child day care is provided for thirteen (13) or more children at one time or any place that is not the permanent residence of the licensee or administrator. In counting children for purposes of this code, 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 center shall be counted.
DAY-CARE HOME, FAMILY LARGE - a permanent residence of the administrator in which childcare or publicly funded childcare is provided for seven (7) to twelve (12) children at one (1) time or a permanent residence of the administrator in which childcare is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this division, 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. "Type A Family Day-Care Home" and "Type A home" do not include any child day camp (ORC Section 5104.01(RR)). This definition does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. This definition shall not be construed to include child day camps.
DAY-CARE HOME, FAMILY SMALL - a permanent residence of the provider in which child care is provided for one (1) to six (6) children at one time and in which no more than three (3) children under two (2) years of age at one time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the Type B home shall be counted. "Type B Family Day-Care Home" and "Type B home" do not include any child day camp (ORC Section 5104.01(SS)). This definition does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is home of the siblings. This definition shall not be construed to include child day camps.
DENSITY, NET - The number of dwelling units permitted to be developed on a net acre of land. A net acre of land is the total acreage minus any wetlands, water bodies, public parks, open spaces, roads or other public rights-of-way.
DEVELOPMENT - any man-made change to improved or unimproved real estate, including but not limited to Buildings or other structures, mining, dredging, filling, grading, paving excavation or drilling operations or storage of equipment or materials located within the area of special Flood hazard.
DISTRICT - Any section of the City in which the Zoning regulations are uniform.
DRIVEWAY (ACCESS POINT) - A private drive giving access from a public way to a detached one (1) unit dwelling on abutting ground or to a group of multifamily, commercial, or industrial buildings, which is not dedicated to the City for the maintenance of which shall not be responsible.
DWELLING, CONTAINER - A residential unit built from one (1) or more standard shipping container(s) which meets the requirements of the Planning and Zoning Code of the City of Lancaster, Ohio, and the current Ohio building codes.
DWELLING, DUPLEX - A building designed for two (2) dwelling units where each dwelling shares one common wall and the remaining sides of the building are surrounded by open areas or street lines.
DWELLING, MULTI-UNIT- A building designed or used primarily as a residence with four (4) or more dwellings units.
DWELLING, ONE BEDROOM UNIT - A dwelling unit that is contained within a Multi-Unit Dwelling or Mixed Use Building as defined herein that contains only one bedroom.
DWELLING, STUDIO - A dwelling unit that is contained within a Multi-Unit Dwelling or Mixed Use Building as defined herein that combines a number of different types of rooms, such as living room, bedroom and kitchen, into a single room.
DWELLING, THREE BEDROOM UNIT - A dwelling unit that is contained within a Multi-Unit Dwelling or Mixed Use Building as defined herein that contains three bedrooms.
DWELLING, TWO BEDROOM UNIT - A dwelling unit that is contained within a Multi-Unit Dwelling or Mixed Use Building as defined herein that contains two (2) bedrooms.
DWELLING, ONE UNIT - A building designed exclusively for one detached dwelling unit that is situated on a parcel with no other principal structures and having a Front, Side, and Rear Yard.
DWELLING, TOWNHOME - A building designed exclusively for four (4) or more dwelling units that are structurally attached to one another, side by side, above one another, or in a quad formation, and erected as a single building.
DWELLING, TRI-PLEX - A building containing three (3) dwelling units, designed for occupancy by not more than three (3) families.
DWELLING UNIT - Any room or group of rooms located within a structure and forming a single habitable unit with facilities which are used, or are intended to be used, for living, sleeping, cooking and eating, which is designed or used for residential purposes. This definition does not include a cabin, hotel, or motel.
DWELLING UNIT, ACCESSORY - See Accessory Dwelling Unit
EARLY CHILDHOOD LEARNING CENTER - An education establishment that provides learning space to children prior to beginning their compulsory education. This facility may also provide for the extended care of infants and young children.
ELDERLY/RETIREMENT HOUSING - A residential complex containing multifamily dwellings designed for and principally occupied by senior citizens. Such facilities may include a congregate meals program in a common dining area but exclude institutional care such as medical or nursing care and are distinguished from life care retirement centers as elsewhere defined.
EMERGENCY AND PROTECTIVE SHELTER - A facility which provides room and board for the protection, counseling, and pre-placement screening for abused, displaced, or transient children or adults.
ENCROACHMENT - the intrusion on another person's property or public right-of-way, intentional or unintentional.
ENVIRONMENTAL CHANGE - means the construction, alteration, demolition, or removal of any property subject to the provisions of the Historic Overlay District.
EQUIPMENT REPAIR, LARGE - A facility that is fully enclosed by four (4) solid walls and a roof that is used for the repair of contactor's equipment, heavy machinery, repair equipment, motor vehicles or trucks.
EQUIPMENT REPAIR, SMALL - A facility that is fully enclosed by four (4) solid walls and a roof that is used to repair small tools and equipment such as lawn mowers, small tractors, and other small equipment.
FAÇADE - the face of a building, especially the principal front that looks onto a street or open space.
FEATHERED FLAG - a vertical, portable and temporary sign that contains a harpoon style pole or staff driven into the ground for support or supported by means of an individual stand.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - the agency with the overall responsibility for administering the National Flood Insurance Program.
FENCE - Any structure composed of wood, metal, stone, plastic or other natural or permanent material erected in such a manner and positioned as to enclose or partially enclose any portion of
a lot.
FENCE, OPEN - Any fence that has sixty percent (62%) or more of its vertical surface area open to light or air. An example of this type of fence is a Kentucky three (3) Board Fence.
FENCE, PARTIALLY OPEN - Any fence that has at least fifty percent (50%) of its vertical surface area open to light or air. An example of this type of fence is a picket fence.
FENCE, PICKET - A partially open fence made of upright poles or slats where the space between the poles/slats is greater than the width of the poles/slats.
FENCE, SOLID - Any fence that is designed to inhibit public view and provide seclusion, when viewed at right angles, and having more than fifty percent (50%) of its vertical surface area closed to light and air.
FENCE, WROUGHT IRON - A fence constructed of metal, including aluminum, iron or steel, pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.
FLEX-OFFICE LABORATORIES - a space for a combination of office and laboratory uses that has build out capabilities to meet individual needs.
FLEX-OFFICE - RETAIL - a space with store fronts with small rear warehousing that has build out capabilities to meet individual needs.
FLEX-OFFICE WAREHOUSES - a space for a combination of office and warehouse uses that has build out capabilities to meet individual needs.
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; and/or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY FRINGE - The portion of the regulatory floodplain outside the floodway.
FLOOD INSURANCE -RATE MAP (FIRM) - an official map on which the Federal Emergency Management Agency has delineated both the areas of special Flood hazards and the risk premium zones applicable to the floodplain administrator.
FLOOD INSURANCE STUDY (FIS) - the official report provided by the Federal Emergency Management Agency that includes Flood profiles, Floodway boundaries, and the water surface elevation of the base Flood.
FLOOD PROTECTION ELEVATION - the elevation not less than one- and one-half feet above the base Flood elevation to which uses regulated by the Special Flood Hazard Regulations are required to be elevated or Flood proofed to compensate for the many unknown factors that could contribute to Flood elevations greater than that calculated for a base Flood. In areas where no base Flood elevations exist from any authoritative source, the Flood protection elevation can be historical Flood elevations, of base Flood elevations determined and/or approved by the Floodplain administrator.
FLOODPLAIN ENCROACHMENT - any Floodplain development that could obstruct Flood flows, such as fill, a bridge, or other development.
FLOODWAY - the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base Flood discharge. A Floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base Flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The Floodway is an extremely hazardous area and is usually characterized by any of the following: Moderate to high velocity Flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
FLOOR AREA - The sum of the gross horizontal areas of the one or several floors of a building, measured from the exterior faces of the exterior walls or from the centerline of common walls separating two (2) buildings. Floor area for the purpose of these regulations will not include basement, elevator and stair bulkheads, attic space, terraces, breezeways, open porches, and uncovered steps.
FLOOR AREA, LIVABLE - The portion of floor area of a dwelling unit that is constructed, completed, and usable for living purposes with normal living facilities which includes sleeping, dining, cooking, entertainment, common space, areas for personal hygiene, or combination thereof. Unheated rooms, unfinished garages, basements, or rooms used exclusively for utilities or storage shall not be considered as livable floor area. In no case shall an area less than 6 feet in height be considered livable floor area.
FOOD CART - a small, wheeled vehicle typically pushed by hand, bicycle or propelled in some similar muscular manner to move it from place to place in order to offer already prepared or prepackaged food or ice cream for sale to the public. Any vehicle that is capable of preparing food within it shall not be included in the definition of a food cart.
FOOD TENT - an open-aired, temporary structure with four (4) legs and a canvas top used to prepare and sell food at special events where large groups of people are situated in a park, parade, fraternal organization, or other similar venue.
FOOD TRUCK - A vehicle from which food for human consumption is sold and dispensed. Said food can be prepackaged or prepared within the vehicle. Such vehicle may be self-propelled or towed by another vehicle and must be licensed in the state of Ohio.
FOOT CANDLE - A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter (light meter). One (1) foot-candle equals one (1) lumen per square foot.
FREESTANDING SIGN - See Sign, Freestanding
FRONTAGE - The portion of a lot that directly abuts a public street or street right - of - way and provides primary access to the property. If a lot has two (2) or more segments that abut a public street or street right - of - way that are not continuous or abuts two (2) or more separate and distinct rights-of-way, the segments shall not be totaled together when calculating lot frontage. Rather each side of the lot abutting a public right-of-way shall be considered to the front of a lot and both must comply with the minimum frontage and front setback requirements (see Part 2 - Section C). Property lines that abut limited access roads shall not be construed to be included within any calculation of lot frontage.
FUNERAL SERVICES FACILITIES - A Building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming, and the performance of other services used in the preparation of the dead for burial; (b) the storage of caskets, funeral urns, and other related funeral supplies; and I the storage of funeral vehicles. Funeral services facilities exclude crematoriums.
GARAGE, PRIVATE - An accessory building or an accessory portion of the main building enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling for which it is accessory.
GARAGE, PUBLIC - A building or portion of a building in which more than two motor vehicles are or are intended to be housed under arrangements made with patrons for renting or leasing such space and accommodation in which no repair work is carried on.
GOVERNMENTAL SERVICES - Any service provided by a governmental agency including but not limited to road and maintenance services and related infrastructure, water and wastewater facilities, fire and safety protection services, and other administrative services associated with a governmental agency.
GRADE - The elevation of the ground at any given point.
GRADE, FINISHED - The elevation of the finished surface of the ground adjoining the base of all exterior walls of a building or the elevation of the finished surface of the ground at the base of a structure, exclusive of any artificial embankment at the base of such building or structure. If the ground is not entirely level, the finished grade shall be determined by averaging the grade of the ground at each corner of the building or structure.
GROUND MOUNTED SIGN - See Sign, Freestanding - Grounded Mounted
HEALTH CARE FACILITIES - General and specialized hospitals and associated clinics, rehabilitation centers, senior and assisting living, nursing homes, or other similar facilities providing health related services and involving the overnight or long term stay of patients.
HEIGHT, BUILDING - The vertical distance between the finished grade of the building and the highest point of the roof.
HEIGHT, FENCE - The vertical distance between the highest point of the fence and the finished grade.
HOME DAY-CARE FAMILY, LARGE - SEE DAY-CARE HOME, FAMILY LARGE
HOME DAY-CARE FAMILY, SMALL - SEE DAY-CARE HOME, FAMILY SMALL
HOME OCCUPATION - An accessory use which is an activity, profession, occupation, service, craft or revenue - enhancing hobby conducted by a person on the same premises as his principal place of residence which is clearly subordinate and incidental to the use of the premises for residential purposes. Home occupations may include, but are not limited to, home offices for insurance agents, financial planners, real estate agents, consultants, lawyers, architects, engineers, accountants, or other similar professional services, sewing, tailoring, teaching of music, dance lessons, or tutoring, or other similar uses that do not change the character of the residential neighborhood. Family Day Care Homes, Types A and B shall not be considered to be home occupations and shall be treated as permitted and special exception as listed in the applicable Zoning District.
HOTEL - An establishment consisting of a group of attached or detached living or sleeping units with bathroom and closet space, located on a single lot, and designed for use by transient automobile travelers. A hotel furnishes customary services such as maid service and laundering of linens, telephone, secretarial or desk service and the use of furniture. Ingress and egress to and from all rooms is made through an inside lobby.
HOTEL, BOUTIQUE - A small hotel with less than fifty (50) rooms that is located in a pedestrian oriented business area. These hotels typically have a strong artisan sense and focus on the design of the building and rooms.
INDUSTRIALIZED UNIT - A building unit or assembly of closed construction fabrication in an off-site facility, which is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use, including units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity but does not include a permanently sited manufactured home or mobile home as defined in this Ordinance.
INSTITUTIONAL USES - Those uses organized, established, used or intended to be used for the promotion of public, civic, educational, charitable, cultural or social or philanthropic activity and include but are not limited to art galleries, art studios, libraries, etc.
JUNK YARDS AND SCRAP METAL PROCESSING FACILITIES - An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, selling or exchanging old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, or other old or scrap materials and where such business or operation is not completely conducted within an enclosed building.
KENNEL- any enclosure, premises, building, structure, lot, area of one ownership where six (6) or more dogs, cats, or other animals are kept. These facilities also consist of services open to the public that includes, but are not limited to boarding, training, and sale of animals.
LANDMARK - means any property identi?ed and listed individually, and protected under the terms of this ordinance, but not located within a Historical Overlay District.
LANDSCAPE/HARDSCAPE BUSINESS - A place where employees are housed and/or vehicles, machinery, and materials such as trees, shrubs, flowers or other living vegetation, as well as irrigation systems, stone, brick pavers or other non-living components of a landscape design are stored. Typically, workers are dispatched from this site and said materials are transported to another location for installation.
LANDSCAPING - The improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects.
LEGAL DESCRIPTION - The geographical description of real estate that identifies the precise location, boundaries and any easements for the purpose of a legal transaction, such as a transfer of ownership. A legal description can include either a metes and bounds description or a subdivision plat.
LIFE CARE RETIREMENT CENTER - A residential facility containing dwellings designed for and principally occupied by senior citizens in a planned retirement community which includes a residential complex, an activity or community center, and a medical or nursing facility which is licensed by the State of Ohio as an Intermediate Care Facility or a Skilled Nursing Center.
LOADING SPACE, OFF - STREET - An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
LOGISTICS - A large building where material, products, or other manufactured goods are acquired, stored, and transported to their final destination. There is no production, processing, assembling, or packaging of products or materials in these buildings.
LOT - A division of land separated from other divisions for purposes of sale, lease, or separate use, described on a recorded subdivision plat, recorded map or by metes and bounds.
LOT, CORNER - A lot situated at the intersection of two (2) streets, or which fronts a street on two or more sides forming an interior angle of less than one hundred thirty-five (135) degrees. (Also see LOT LINE, FRONT)
LOT, COVERAGE - The total area of those portions of a lot that are covered by a building or structures, paved areas, and other impervious surfaces.
LOT, INTERIOR - A lot that abuts no more than one street and that fronts a street on not more than one side.
LOT LINE - A line bounding or demarcating a plot of land or ground. May also be referred to as a Property Line.
LOT LINE, REAR - The lot line that is opposite the front lot line and farthest from it.
LOT LINE, SIDE - The lot line running from the front lot line to the rear lot line. This line is also the line dividing two (2) interior lots.
LOT, MINIMUM AREA - The area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
LOT OF RECORD - Any lot or parcel of land that was lawfully created by a subdivision plat of record or by a metes and bounds description and recorded in the County Recorder's Office prior to the effective date of this Resolution.
LOT WIDTH - The width of a lot at the building line measured at right angles to its depth.
LUMBER YARD - A building where bulk supplies of lumber and other building materials are stored, offered, or kept for retail sale and may include storage inside of the building. Any components of this use that include the outdoor storage of said materials shall all within the definition of an outdoor service facility.
MACHINE SHOP - A facility performing cutting, grinding, turning, honing, milling, deburring, lapping, electrochemical machining, etching, or other similar operations.
MAKER SPACE, LARGE - A facility that is five thousand (5,000) square feet or larger and serves as shared co-working space for independent craftsmen to produce woodwork, furniture, pottery, glass or other related items. The facility can also have shared office space.
MAKER SPACE, SMALL - A facility that does not exceed five thousand (5,000) square feet that is utilized for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, glass or other related items. No odor, fumes or excess noise may be produced at the facility.
MANEUVERING AISLE - A paved area in an off-street parking lot or loading area which provides access to parking, stacking, or loading spaces, exclusive of driveways and is used for and/or is necessary for turning, backing, or driving forward a motor vehicle into such parking space. This area is not used as space for the parking or storage of motor vehicles or for loading or unloading.
MANUFACTURED HOME - A building unit or assembly of closed construction fabricated in an off-site facility, which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974" and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME COMMUNITY - 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 include any roadway, building, structure, vehicle, or enclosure used or intended for use as a 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. Manufactured home park does not include any tract of land used solely for the storage or display for sale of manufactured homes.
MANUFACTURED HOME, PERMANENTLY SITED - A manufactured home, as defined herein, that meets all of the following criteria:
(1) The structure is affixed to a permanent foundation such as masonry or concrete and is connected to appropriate facilities.
(2) The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area of at least nine hundred (900) square feet, excluding garages, porches, or attachments.
(3) The structure has a minimum 3:12 roof pitch, conventional residential siding, and a six (6) inch minimum eave overhang, including appropriate guttering.
(4) The structure was manufactured after January 1, 1995.
(5) The structure is not located within a manufactured home park.
(6) Otherwise complies with the Manufactured Housing Construction and Safety Standards Act of 1974 and has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURING - Any industry that makes products from raw materials by the use of manual labor or machinery. This definition also includes the compounding, processing, assembling and packaging of goods.
MEDICAL MARIJUANA - As defined in ORC Section 3769.01(A), effective September 8, 2016.
MINING AND MINERAL PROCESSING - The extraction and/or processing of sand, stone, gravel, or topsoil.
MIXED USE BUILDING - A building that contains retail, office or entertainment uses on the ground floor and residential units on the upper floors.
MOBILE HOME - A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or a flatbed or other trailer, and arriving at the site where it is occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, locations on jacks or other temporary or permanent foundations, connections to utilities and the like. A Permanently Sited Manufactured Home and travel trailers are not considered to be a mobile home.
MONOPOLE - A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
MOTEL - An establishment consisting of a group of attached or detached living or sleeping units with bathroom and closet space, located on a single lot, and designed for use by transient automobile travelers. A motel furnishes customary services such as maid service and laundering of linens, telephone, secretarial or desk service and the use of furniture.
MOTOR VEHICLE - A passenger vehicle, truck, tractor, tractor - trailer, trailer, boat recreation vehicle, semi-trailer, or any other vehicle propelled or drawn by mechanical power.
MUNICIPAL SERVICES - Any building, area and appurtenances owned and operated by a city for the purposes of providing water, wastewater or transportation services.
MURAL - See Sign, Wall Display, Mural
NON - CONFORMING STRUCTURE - Any building or structure lawfully existing on the effective date of these regulations or amendment thereto, which does not conform to the development standards of the District in which it is located.
NON - CONFORMING USE - Any use that was lawfully being conducted within any building or on any land on the effective date of these regulations or amendment thereto but is not listed as a permitted use of the District in which it is located.
NURSING HOME - A residential health care facility, licensed by the State of Ohio, which provides institutional lodging, nursing care, personal care and supervision to aged, chronically ill, physically infirm. or convalescent patients who are not related to the owner or administrator of the facility.
OFFICE, ADMINISTRATIVE, BUSINESS, MEDICAL OR PROFESSION, LARGE - A building that is five thousand (5,000) gross square feet or larger in area and includes a set of rooms or tenant spaces used for commercial, professional, medical, or bureaucratic work.
OFFICE, ADMINISTRATIVE, BUSINESS, MEDICAL OR PROFESSION, SMALL - A building that is less than five thousand (5,000) gross square feet in area and includes a set of rooms or tenant spaces used for commercial, professional, medical, or bureaucratic work.
OFF-STREET PARKING GARAGE - A public or private structure that is principally utilized for the parking or storage of motor vehicles to meet the minimum parking requirements in this Zoning code.
OPEN SPACE - That part of a zoned property, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the Zoning property.
OUTDOOR RECREATION FACILITY- an area that is not fully enclosed by walls and a roof which includes, but are not limited to uses such as athletic fields, parks, (excluding neighborhood parks) court sports, tracks, swimming pools, golf related activities, and similar outdoor recreation uses.
OUTDOOR SEASONAL BUSINESS - A use that is conducted on a temporary basis and is outside of a fully enclosed building. Such uses shall include, but are not limited to, holiday tree sales, pumpkin sales, sidewalk sales, etc.
OUTDOOR SERVICE FACILITY - An area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are permanently displayed, sold or stored. For the purposes of this Ordinance, outdoor service facilities include, but are not limited to, restaurant patios, outdoor storage areas, and garden stores. This definition shall not include any use classified as an outdoor seasonal business as defined herein.
OWNER - Owner of record according to records contained in the County Recorder's Offices.
PARK, COMMUNITY OR REGIONAL - A park that is twenty (20) acres or larger and designed to service a larger region beyond a specific neighborhood and may include playground apparatus and other space for active recreational purposes, along with some areas for passive use.
PARK, NEIGHBORHOOD - A park that is up to twenty (20) acres in size, serving an area one to two miles in diameter and serving a population of less than five thousand (5,000) persons. Neighborhood parks are typically designed to service a specific neighborhood area and may include playground apparatus and other space for active recreational purposes, along with some areas for passive use.
PARKING AREA - An open area other than a street or other public way that is used for the parking of motor vehicles.
PARKING SPACE, OFF-STREET - Any parking space located wholly off any street, alley, or sidewalk, either in an enclosed building or on an open lot and where each parking space conforms to the standards as specified in this Ordinance.
PENNANT - A flag or banner longer in the fly than in the hoist, usually tapering to a point.
PERMANENT SUPPORTIVE HOUSING - Community-based, long-term housing and supportive services, as appropriate, for homeless individuals with disabilities.
PERSONAL SERVICES - Uses that primarily provide services to a person or provide for the care and maintenance of personal goods. Such Uses include, but are not limited to, beauty shops, barber shops, salons, shoe repair shops, tailoring services, or garment repair services. This includes laundry or dry cleaning drop off/pick up services, but the process of dry cleaning is not included in this definition.
PLACES OF ASSEMBLY, LARGE - any facility or business where three hundred (300) or more individuals gather to participate or observe programs or services or assemble for social purposes. This includes public halls, theatres, churches, worship facilities, and other similar meeting facilities.
PLACES OF ASSEMBLY, SMALL - any facility or business where less than three hundred (300) individuals gather to participate or observe programs or services or assemble for social purposes. This includes public halls, theatres, churches, worship facilities, and other similar meeting facilities.
PLANTS, ASPHALT - A stationary source that manufactures asphalt concrete by heating and drying aggregate and mixing asphalt cements. This includes any combination of dryers, systems for screening, handling, storing, and weighing dried aggregate, systems for loading, transferring, and storing mineral filler, systems for mixing, transferring, and storing asphalt concrete, and emission control systems within a stational source.
PLANTS, CONCRETE - The production of concrete that uses a manufacturing process involving the mixing of a number of aggregates, sand, water, cement and/or other components. This use also includes the stockpiling of bulk materials required for the process and storage of the required equipment used in the operation.
PORTABLE HOME STORAGE UNIT - Any assembly of materials which is designed, constructed, or reconstructed to make it portable and capable of movement from one site to another and designed to be Used without a permanent foundation. Such Structures are typically utilized for temporarily storing household goods or other such materials on a residential property.
PRACTICAL DIFFICULTY - A standard utilized to determine whether an area variance should be granted. It is based on number of criteria that are weighed against one another to determine if granting the variance will provide a reasonable use of the land without altering the essential character of the area.
PRESERVE OR PRESERVATION - The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely a?ecting the character or appearance of the structure.
PRIVATE LANDING STRIP - A long flat piece of land from which private aircraft can take off and land that is properly licensed by the Federal Aviation Authority or applicable agency. It can be constructed of either grass or pavement.
PRIVATE SWIMMING POOL - Any pool or open tank not located within a completely enclosed building and containing water to a depth, at any point greater than one and one-half (1 ½) feet. A private spa or hot tub with a lockable cover shall not be considered as a "swimming pool."
PROPERTY LINE - A line bounding or demarcating a plot of land or ground. May also be referred to as a Lot Line.
PUBLIC PROTECTION FACILITY - A facility operated by a public agency for the purposes of public safety including but not limited to fire stations, police stations, public safety dispatch facilities, civil defense, storm shelters, and other similar uses.
PYLON SIGN - See Sign, Freestanding - Pylon
RECONSTRUCTION - The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
REHABILITATION - The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
RESEARCH AND DEVELOPMENT - A use where individuals are employed to search for knowledge and test processes that might be used to create new technologies, products, services, or systems.
RESIDENTIAL FACILITY - A publicly or privately operated home or facility that is further categorized as
RESIDENTIAL FACILITY CLASS 1- A facility that provides accommodations, supervision, personal care services, and mental health services for one or more unrelated adults within mental illness or one or more unrelated children with adolescents with severe emotional disturbances.
RESIDENTIAL FACILITY CLASS 2 - A facility that provides accommodations, supervision, and personal care services to any of the following:
One (1) or two (2) unrelated persons with mental illness
One (1) or two (2) unrelated adults who are receiving payments under the residential state supplement program.
Three (3) to sixteen (16) unrelated adults.
Residential facilities exclude hospitals, facilities licensed under ORC 5123.19, an institution subject to certification under ORC 5103.03, hospice care programs, nursing homes, residential care facilities, homes for the aging, a facility operating an opioid treatment program, a terminal care facility for the homeless, a facility approved exclusively for the placement and care of the veterans per Section 104(a) of the Veterans Health Care Amendments of 1983, or the residence of a relative or guardian of a person with mental illness.
RESIDENTIAL FACILITY, LARGE - Any facility licensed as a Class 2 Residential Facility per ORC 5119.34 and provides accommodations and personal care services to six (6) to sixteen (16) unrelated persons. (See ORC 5119.341)
RESIDENTIAL FACILITY, SMALL - Any facility licensed as a Class 2 Residential Facility per ORC 5119.34 and provides accommodations and personal care services to one (1) to five (5) unrelated persons. (See ORC 5119.341)
RESIDENTIAL - OFFICE, ADMINISTRATION, BUSINESS, AND MEDICAL - A small office for administrative, business, or medical services as defined in this section but located within a structure that was existing at the time of the effective date of this code.
RESIDENTIAL - RETAIL - A small business retail as defined in this section but located within a structure that was existing at the time of the effective date of this code.
RESIDENTIAL TREATMENT FACILITY - A Residential Facility - Class 1 (ORC 5119.34) providing diagnostic or therapeutic services, counseling, or treatment and long-term room and board in a highly structured environment for its residents for alcoholism, drug abuse, or behavioral and/or mental disorders.
RESPONSIBLE PARTY - The owner of the property as determined by the County Auditor's Tax List, the agent of the property owner authorized to be responsible for the premises, or the occupant of the property.
RESTAURANT - An establishment which offers food and/or drinks to the public, guests, or employees. The food may be prepared and consumed either on or off site.
RIGHT-OF-WAY LINE - The boundary of the strip of land occupied or intended to be occupied by a road, street, or alley and associated sidewalk or multi-use path.
ROLL-OFF CONTAINER - any non-Compactor storage and collection equipment or device with a capacity of more than eight (8) cubic yards, which is normally loaded onto a motor vehicle and transported to a disposal facility for dumping.
SATELLITE DISH ANTENNA, LARGE - Any antenna greater than one meter in diameter that is designed to receive or transmit signals, either directly or indirectly, to or from satellites. This definition does not include any antenna used for AM/FM radio, amateur ("ham") radio, Citizen's Band ("CB") radio, Digital Audio Radio Services ("DARS") or short-wave listeners.
SATELLITE DISH ANTENNA, SMALL - Any antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. It further means any antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via MMDS (wireless cable) or to receive or transmit fixed wireless signals other than via satellite.
SCHOOL, HIGH SCHOOL - A public or private institution providing secondary education prior to students starting college or obtaining a job. It typically includes grades nine (9) through twelve (12).
SCHOOL, POST-SECONDARY - A public or private institution providing educational or training services to individuals who have completed high school.
SCHOOL, PRIMARY, INTERMEDIATE, OR MIDDLE - A public or private institution providing educational services to children in kindergarten through the eighth (8th) grade.
SCHOOL, TECHNICAL - A secondary or post-secondary school that provides designed training to students for a specific job or skilled trade.
SELF SERVICE STORAGE FACILITY - An individual compartment or stall used for the storage of customer's goods or wares.
SETBACK - A required distance between a lot line and a principal structure established by the Zoning District in which the principal structure is located.
SETBACK, AVERAGE FRONT- The distance between a front lot line and principal building that is established by averaging the front setbacks of two existing structures on adjacent lots. In no case shall an average front setback exceed any applicable maximum setback requirement.
SETBACK, MAXIMUM - The largest distance permitted between a lot line and a principal structure. The City Planner or designee shall not administratively approve the location of a principal structure that is more than this required distance.
SETBACK, MINIMUM - The smallest distance permitted between a lot line and a principal structure established by the Zoning District in which the principal structure is located. The City Planner or designee may not administratively approve the location of a principal structure that is less than this required distance but may administratively approve the location of a principal structure that is more than this required distance. In such cases, the area between the required minimum setback and the principal structure is considered to be "yard" space as defined in this code.
SHORT TERM RENTAL: Renting a home, or a space in a home, with five (5) guestrooms or less that is reserved/rented wholly or partly for compensatory fee for less than thirty (30) consecutive days.
SIGN - Any device for visual communication which is designed, intended or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object, or product. Signs erected by the local, state, or federal government for the purposes of discharging in any normal governmental function, such as traffic control or safety, are likewise excluded from the regulations of this Article. This definition includes all signs visible from any public right - of - way or adjacent property, including interior signs oriented towards the exterior façade of any Building or structure that includes any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, which directs attention to any object, product, place, activity, person, institution, organization, or business.
SIGN, ANIMATED - Any sign that uses movement or change of artificial and natural lighting or noise to depict action or create a special effect or scene.
SIGN, COMPREHENSIVE PACKAGE - A plan that includes both drawings and text showing the number, design, appearance, location, and elevation of all existing and proposed signs on a parcel.
SIGN, ENTRY FEATURE - A sign intended to provide the identity a residential development or commercial development with more than one lot or tenant.
SIGN, FLASHING - A sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
SIGN, FREESTANDING - A sign erected on a pole, poles, pillars, or posts (pylon sign) or any monument type sign (sign with a base) which is wholly independent of any building or support. Types of free-standing signs include:
SIGN, FREESTANDING - BILLBOARD - A type of free-standing sign that is mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl and/or 3-D printed elements, that are typically attached or affixed to a pole or other type of free-standing support. Said signs are greater than one hundred twenty-five (125) square feet.
SIGN, FREESTANDING - GROUND MOUNTED - A type of free-standing sign that is supported by a monument style base and does not include any poles, pillars, or posts.
SIGN, FREESTANDING - PYLON - A type of free-standing sign that is supported by pole(s), pillars, posts or other free-standing support and is less than one hundred twenty-five (125) square feet.
SIGN, GAS INFLATABLE - Any device which is capable of being expanded by any gas and is typically tethered or otherwise anchored to the ground or structure and used on a permanent or temporary basis to attract attention to a product, event or business.
SIGN, PERMANENT - A sign intended to be erected, displayed or used, or in fact which is used for time period in excess of thirty (30) days within any one hundred eighty (180) day period.
SIGN, PROJECTING - A sign which extends outward perpendicular to the building face.
SIGN, ROOF - Any sign erected upon or completely over the roof of any building.
SIGN, TEMPORARY - A display, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, including but not limited to portable signs, development signs, community event signs, garage sale signs, real estate signs, sandwich type signs, sidewalk or curb signs, and balloon or other air or gas filled figures.
SIGN, TRAILER - A sign that is constructed on a chassis intended for the mounting of wheels, thereby permitting the sign to be moved forward.
SIGN, WALL DISPLAY - A sign attached to a building face, with the exposed face thereof in a plane parallel to the plane of the wall. Wall signs include, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings or awnings. Types of Wall Display Signs include:
SIGN, WALL DISPLAY - MURAL, GHOST - A type of wall display that has a primary purpose of displaying a historical advertisement painted directly on the exterior of a structure.
SIGN, WALL DISPLAY - MURAL, ORIGINAL ART - A type of wall display that has a primary purpose of displaying an original work of visual art produced by hand that is tiled or painted directly upon directly to an exterior wall of a structure. Original Art Mural does not include:
(a) Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; or
(b) Murals containing electronical or mechanical components; or
(c) Changing mural images
SIGN, WALL DISPLAY - MURAL, VINTAGE ART - A type of wall display that has a primary purpose of displaying an original work of visual art produced by hand that was tiled, painted directly upon or affixed directly to an exterior wall of a structure prior to the date of adoption of this Ordinance.
SIGN, WALL DISPLAY - WALL - A type of wall display that comprises less than ten percent (10%) of the wall area to which it is mounted or affixed to said wall.
SIGN, WALL DISPLAY - WALLSCAPE - A type of wall display that comprises ten percent (10%) or more of the wall area to which it is attached and is mechanically produced or computer generate prints or images, including but not limited to digitally printed vinyl and/or 3-D printed elements, which are typically attached to the side of a building.
SIGN, WAY FINDING - Any sign which provides direction or guidance to help navigate a person to a specific location of an institution, organization or business, or property.
SIGN, WINDOW - A sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.
SOLAR, ARRAY - A mechanically integrated assembly of modules or panels with a support structure and foundation, tracker and other components as required to form a direct-current power producing unit.
SOLAR ENERGY - Radiant energy (direct, diffused, or reflected) received from the sun at wavelengths suitable for conversion into thermal, mechanical, chemical, or electrical energy.
SOLAR ENERGY SYSTEM (SES) - An energy system that consists of one or more solar collection devices, solar energy-related equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements of a property if it is to be sold back to a public utility in accordance with the law.
SOLAR ENERGY SYSTEM, INTEGRATED - An SES where solar materials are incorporated into building materials, such that the two are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure. An Integrated SES may be incorporated into, among other things, a building facade, skylight, shingles, canopy, light, or parking meter.
SOLAR ENERGY SYSTEM, GROUND-MOUNTED - An SES where an array is mounted on a rack or pole that is ballasted on, or is attached to, the ground.
Small-Scale Ground-Mounted Solar Energy System (Small Scale SES) - A ground mounted SES with a footprint of between one (1) and five (5) acres.
Intermediate-Scale Ground-Mounted Solar Energy System (Intermediate Scale SES) - A ground mounted SES with a footprint of between five (5) and fifteen (15) acres.
Large Scale Ground Mounted Solar Energy System (Large Scale SES) - A ground mounted SES with a footprint of more than fifteen (15) acres.
SOLAR ENERGY SYSTEM, ROOF MOUNTED - An SES mounted to the roof of a building or structure. Roof-mount systems are accessory to the primary use of a property.
SPECIAL EXCEPTION - A desirable use within a Zoning District that may more intensely affect the surrounding area than would a permitted use in said District. Such uses may require supplementary conditions and safeguards to ensure they blend with the surrounding area.
START OF CONSTRUCTION - the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. Permanent construction does not include land preparation, such as clearing, grading, and filling, nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site. For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STORABLE SWIMMING POOL - A pool capable of holding water to a maximum depth of forty-two (42) inches and is constructed of non-metallic, molded polymeric or fabric walls supported on a rigid frame or by an inflatable ring and entirely on or above ground, and is designed and constructed to be readily disassembled for storage and re-assembled to its original integrity.
STREET- A paved public vehicular right-of-way which provides access to abutting properties from the front.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a Building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical contents of a building.
STRUCTURE - Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground, including outdoor advertising signs, (billboards), and farmers' street-side stands. This does not include decorative features such as gazebos or community gardens.
STRUCTURE, PRIMARY - The structure associated with the principal use of the property. If more than one (1) structure is associated with the principal use of the property, the one (1) with the highest value shall be considered the primary structure.
SUBSTANTIAL IMPROVEMENT/ALTERATION - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or the first other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places, or a State Inventory of Historic Places provided the alteration will not preclude the structure's designation as a historic structure.
SUBSTANTIALLY COMPLETE - The stage in which the work, described in the Zoning Clearance Permit, is finished to a point that the applicant/owner can occupy or utilize the land or building for its intended purpose.
SWIMMING POOL, COMMERCIAL - A body of water in an artificial or natural receptacle or another container, whether located indoors or outdoors, used, or intended to be used for public, semi-public, or private swimming by adults and/or children whether or not any charge or fee is imposed, operated by an owner, lessee, operator, licensee, or concessionaires, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances, and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also, all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, apartments and condominiums, and community associations.
SWIMMING POOL, PRIVATE - Any pool or open tank not located within a completely enclosed building and containing water to a depth, at any point greater than one and one-half (1 ½) feet. A private spa or hot tub with a lockable cover shall not be considered as a "swimming pool" subject to the provisions of this section.
TELECOMMUNICATION TOWER - A structure situated on a site used to support antennas and radio or cellular communications equipment. Antennas used by amateur radio operators are excluded from this definition.
TELECOMMUNICATION TOWER, ATTACHED - Any structure that will be attached to a building or other structure that meets the criteria for a telecommunication tower, as defined herein.
TELECOMMUNICATIONS TOWER, FREE STANDING - Any free-standing structure that meets the criteria for a telecommunication tower, as defined herein.
TEMPORARY STRUCTURE, CONSTRUCTION TRAILER/OFFICE - Any structure that is not permanent and is located on a construction site for purposes of storing materials and tools or for offices for construction management.
TEMPORARY TENT - A temporary structure composed of a covering made of a pliable membrane or fabric, supported by such mechanical means as poles, metal frames, ropes or cables and anchored in such a manner to reduce uplift.
TINY HOME --A one-unit dwelling not more than six hundred (600) square feet in floor area including loft floor area that is site built or prefabricated and may or may not be permanently anchored to a foundation. Such homes shall be provided with permanent utility connections. A tiny house is not designed to be a manufactured home, recreational vehicle, shipping container, trailer, or other similar object.
TRANSITIONAL LIVING CENTER - A facility that provides short-term room and board in a supervised living environment utilizing counseling and rehabilitation services for persons with a history of juvenile delinquency, behavioral disorders, alcoholism, or drug abuse.
TREE, LARGE - any tree species which normally attains a full-grown height above six (60) feet.
TREE, MEDIUM - any tree species which normally attains a full-grown height between thirty (30) to sixty (60) feet.
TREE, SMALL - any tree species which normally attains a full-grown height of under thirty (30) feet.
TRUCK AND TRAVEL CENTER - A commercial facility which provides refueling, parking, and often ready-made food for motorists and truck drivers. These facilities sometimes also include showers for truck drivers.
UNNECESSARY HARDSHIP - A standard utilized to determine whether a use variance should be granted. It is based on the deprivation of an owner's right to the beneficial use of property that is caused by the strict enforcement of this Ordinance. It must involve unique characteristics of the property itself and does not include economic difficulties of the owner/applicant.
USE - The purpose for which a Building or land may be arranged, designed, or intended to be occupied or maintained.
VARIANCE - A modification of the strict terms of this Ordinance due to the strict enforcement of these regulations resulting in a practical difficulty or Unnecessary Hardship and where such modification will not be contrary to the public interest.
VARIANCE, AREA - A type of variance that is from a regulation based on the dimensions or physical requirements of applicable Zoning regulations such as setbacks, height, or other similar requirement. This type of variance is typically reviewed using a Practical Difficulty standard.
VARIANCE, USE - A type of variance to allow a use that is otherwise prohibited within the District. This type of variance is typically reviewed using an Unnecessary Hardship standard.
VEHICLE, CHARGING STATION - The design and construction of a parking space with Electric Vehicle Supply Equipment that supplies electric energy for the recharging of electric vehicles.
VEHICLE, RECREATIONAL - Any motorized or non-motorized vehicle that is used for recreational purposes including, but not limited to all-terrain vehicles, dune buggies, motor bikes, recreational vehicle trailers, snowmobiles, trail bikes, and various watercraft including canoes, kayaks, boats, and jet skis.
VEHICULAR SALES, EQUIPMENT - An open area or building used for the display, sale or rental of farm, construction, or other similar machinery.
VEHICULAR SALES, MOTORCYCLES - An open area or building used for the display, sale or rental of new or used motorcycles and where only incidental repair work is done.
VEHICULAR SALES, NEW AND USED CARS - An open area other than a street, used for the display, sale or rental of new or used motor vehicles in operable condition and where only incidental repair work is done.
VEHICULAR SALES, RECREATIONAL - An open area or building used for the display, sale or rental of new or used recreational vehicles and where only incidental repair work is done.
WALL, DECORATIVE - An architecturally designed wall that is intended to prohibit public view and provide seclusion, has more than 50 percent of its vertical surface area closed to light and air, and is not designed for purposes of retaining soil.
WALL DISPLAY - See Sign, Wall Display
WALL, RETAINING - An engineered wall that is designed and intended to support soil laterally so that it can be retained at different levels on the two sides.
WALLSCAPE - See Sign, Wall Display - Wallscape
WALL SIGN - See Sign, Wall Display - Wall Sign
WIND ENERGY CONVERSION SYSTEM - An energy system consisting of a wind turbine, a tower, and associated control or conversion electronics.
WINDOW SIGN - See Sign, Window
YARD - An open space on a lot with a building that is unoccupied and unobstructed by any portion of a principal structure. Fences and other accessory structures may be permitted within a yard as regulated in this code.
FRONT YARD - The horizontal distance between the right-of-way line and the nearest foundation or structural appurtenance of the principal structure.
REAR YARD - The horizontal distance between the rear lot line and the nearest foundation or structural appurtenance of the principal structure.
SIDE YARD - The horizontal distance between the side lot line and the nearest foundation or structural appurtenance of the principal Building.
CITY PLANNER OR DESIGNEE - The authorized representatives appointed by the City to issue Zoning Clearance Permits and perform other duties as specified in this Ordinance.
ZONING MAP - A map of the City of Lancaster that legally denotes the boundaries of the Zoning Districts as they apply to the properties within the City. The official Zoning map shall be kept on file in the administrative offices.
ZONING CLEARANCE PERMIT - A document issued by the Zoning administrator authorizing the construction or alteration of a building, structure, or use consistent with this Ordinance.
(Ord. 25-13. Passed 8-14-23.)
To amend the Zoning attached to Ordinance No. 1866, passed on the 18th., day of Nov. 1939, and as subsequently amended as herein provided.
BE IT ORDAINED by the Council of the City of Lancaster, State of Ohio.
SECTION 1: That the Zoning Map attached to Ordinance No. 1866 passed November 18, 1939, and as subsequently amended by and the same is hereby revised by changing the zoning of the following described territory, to-wit:
Beginning at the Northwest corner of Forest Rose Ave., and Fifth Ave.; thence North along the West line of Forest Rose Ave., to the alley North of North Street; thence west in the alley North of North Street to the alley west of Forest Rose Ave.; thence North in the alley West of Forest Rose Ave. to the South-East corner of Lot No. 14 of Dickson’s Subdivision; thence West along the South line of Lots 14 and 15 of Dickson’s Subdivision to the East line of Front Street; thence Northwestwardly along the East line of Front Street to the alley South of Fair Ave.; thence East in the alley South of Fair Avenue to the Southeast corner of Lot No. 11 of Mumaugh’s Addition; thence North along the East line of Lot No. 11 of Mumaugh’s Addition to Fair Ave.; thence west in Fair Ave., to the alley east of Front Street; thence North in the alley east of Front Street to Reber Avenue; thence in Reber Ave. to a point 260' East of Center line of Front Street as surveyed by the State Highway Department for State Highway No. 49; thence parallel to and 260' northeast of said highway center line to Schryver Ave.; thence in Schryver Avenue and Wildwood Avenue to the Northeast corner of Lot No. 34 of Avondale Addition; thence west along the North line of the Avondale Addition to the West Corporation line; thence South along the west corporation line to a point 260' feet South of and perpendicular to the center line of the State Highway Department Survey; thence Southeastwardly parallel to and 260' distance from the center line of said Highway Survey to the Bolenbaugh land; thence Southwestwardly along the Bolenbaugh land to Hocking River; thence Eastwardly along Hocking River to Sixth Ave.; thence East in Sixth Ave., to Front Street; thence South in Front Street to Fifth Avenue; thence East in Fifth Avenue to the place of beginning.
That the territory above described be changed from Class Residential “A” and Class Residential “B” to Class “C” Commercial.
SECTION 2: That the “Set Back” of “Front Building Line” of all property abutting on Front Street from Union Street Northwestwardly to the Northwest Corporation line be fixed at 60 feet from the Center line of the Proposed State Highway.
SECTION 3: That the City Engineer be and is hereby authorized and directed to make said change on the said Original Zoning Map of said City.
SECTION 4: That this ordinance shall take effect and be in force from and after the earliest period allowed by law.
WIRELESS TELECOMMUNICATIONS
Wireless Communications as it relates to antenna and antenna support structures is referenced throughout the zoning code. Because the City has recently adopted specific legislation with regard to wireless telecommunications no effort was made to directly incorporate specific language into the Zoning Code. The City currently has designated Wireless Communications rules and regulations. This Appendix incorporates the existing Wireless Communications legislation from Chapter 1339
of the Lancaster Codified Ordinances.
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CODIFIED ORDINANCES OF LANCASTER