Loudonville City Zoning Code
CHAPTER 1240
General Provisions and Definitions
1240.01 TITLE.
This Title Six Part Twelve of these Codified Ordinances shall be known as the Loudonville, Ohio, Zoning Ordinance and may be referred to as the Zoning Ordinance or the Zoning Code of the Village. (Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1240.02 PURPOSE.
Whereas, the Village Council of Loudonville, Ohio, deems it necessary to the promotion of the public health, safety, morals, comfort and general welfare of what is known as Loudonville, Ohio, therein the use, size and location of buildings and other structures; the size and location of yards and other spaces in relation to buildings and the use of land; the districts and regulations of this Zoning Code are hereby created and established and shall hereafter apply.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1240.03 COMPLIANCE REQUIRED.
A lot may be used and a structure altered, occupied, or used only as this Zoning Code permits.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1240.04 CONFLICT OF LAWS.
Where this Zoning Code imposes greater restrictions than are imposed or required by other provisions of law or ordinance, the provisions of this Zoning Code shall prevail.
(Ord. 19-83. Passed 4-4-83; Ord. 75-96. Passed 11-18-96.)
1240.05 ADOPTION AND AMENDMENTS.
(a) Procedure and Regulations for Adopting and Amending Zoning Code. Before this Zoning Code, or any amendments thereto, may be adopted or passed, the Council shall hold a public hearing thereon, and shall give at least thirty days notice of the time and place thereof on the Village of Loudonville web site and social media account(s) (if any). Whenever an amendment to this Zoning Code intends to rezone or redistrict ten or less parcels of land, as listed on the tax duplicate, written notice of the hearing shall be mailed by the Clerk-Treasurer of the Village by first class mail, at least twenty days before the date of the public hearing, to the owners of property within and contiguous to and directly across the street from such parcel or parcels, to the addresses of such owners appearing on the County Auditor's current tax list of the County Treasurer's mailing list and to such other list(s) that may be specified by the Council. The failure of delivery of such notice shall not invalidate any such zoning ordinance. During such thirty days the text or copy of the text of such zoning ordinance, together with the maps or plans or copies thereof forming part of or referred to in such zoning ordinance, and the maps, plans, and any reports submitted by the Planning Commission, Board of Zoning Appeals or Zoning Inspector, shall be on file, for public examination, in the office of the Clerk-Treasurer of the Village of in such other office as is designated by the Council. No such zoning ordinance which violates, differs from or departs from the plan or report submitted by the Commission, the Board or the Zoning Inspector shall take effect unless passed or approved by not less than three-fourths of the membership of the Council. No such zoning ordinance which is in accordance with the recommendation, plan, or report submitted by the Commission, the Board or the Zoning Inspector shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to the Council.
(Ord. 44-2023. Passed 12-18-23.)
(b) Initiation of Amendment to Rezone.
(1) Amendments or supplements to this Zoning Code may be initiated by:
A. Motion of the Planning Commission.
B. Application of one or more owners or lessees of property within the area to be changed.
C. By passage of a resolution by the Village Council.
(2) All zoning amendments or supplements not initially made by the Village Planning Commission shall be referred to the Planning Commission for review and recommendation to Council before
any action is taken by Council. If no recommendation is received by Council within thirty days, Council may proceed without a recommendation from the Planning Commission if it so desires.
(3) To be approved, applications for amendments should meet at least one of the following conditions:
A. The request is in accordance with or would result in greater conformity with the Village's Land Use Plan.
B. There is currently insufficient land throughout the Village zoned for the particular district to meet the current and anticipated future demands.
C. There has been a substantial change in the area's condition which has rendered the original zoning obsolete.
D. Other situations which indicate that such a zoning change would be appropriate for the overall health, safety, and welfare of the Village.
(c) Fee for Zoning Amendment; Special Studies. There shall be a fee of twenty dollars ($20.00) for zoning amendments, due at the time of application, to cover the cost of advertising and other expenses. The application and fee shall be presented to the Zoning Inspector. The fee shall not be refunded unless the applicant removes such application prior to any advertising. In addition, the fee shall not be refunded if the application is denied. The fee shall not apply to any amendment initiated by the Planning Commission or Council. When the Council finds it necessary to require special studies to be made, the applicant may be required to provide such special studies as a part of the application and bear the cost of such studies.
(Ord. 19-83. Passed 44-83; Ord. 75-96. Passed 11-18-96.)
1240.06 SEPARABILITY.
If any chapter, section, clause, provision, or portion of this Zoning Code shall be held to be invalid or unconstitutional by any court of competent jurisdiction, such holding shall not affect any other section, clause, provision, or portion of this Zoning Code which is not in itself invalid or unconstitutional.
(Ord. 19-83. Passed 44-83; Ord. 75-96. Passed 11-18-96.)
1240.07 DEFINITIONS.
As used in this Zoning Code, the following words and terms shall be defined as follows, unless otherwise expressly provided elsewhere in this Zoning Code:
Abandonment: The relinquishment of property, or a cessation of the use of the property, by the owner, with the intention neither of transferring rights to the property to another owner nor of resuming the use of the property.
Accessory Use or Structure: A use or structure (such as a garage) incidental to the main use of the land or building. In buildings restricted to residence use, the office of a professional man and workshops not conducted for compensation shall be deemed accessory uses. Offices or workshops conducted for compensation shall be deemed home occupations.
Air Pollution: The presence of contaminants in the air in concentrations that prevent the normal dispersive ability of the air and that interfere directly or indirectly with man's health, safety or comfort or with the full use and enjoyment of the property.
Airport: A place where aircraft can land and take off, usually equipped with hangars, facilities for refueling and repair and various accommodations for passengers.
Agriculture: Agriculture shall include farming, dairying, pasturage, horticulture, viticulture, animal and poultry husbandry, and the processing and sale of agricultural products.
Altering of Building: Any change in supporting members of a building except such change as may be required for its safety, any addition to a building, any change in use from one district classification to another, or any removal of a building from one location to another. Altering shall not include interior remodeling and outdoor maintenance.
Amendment: The process of revision or addition to the Zoning Map or this Zoning Code.
Appeal: To make a request for an interpretation, review of an error or variance to the Board of Zoning Appeals.
Assisted Living: The Assisted Living Facilities Association of America (ALFAA) defines assisted living as "a special combination of housing, personalized supportive services and health care designed to respond to the individual needs of those who require help in activities of daily living, but do not need the skilled medical or nursing care provided in a nursing home. Assisted living care promotes maximum independence and dignity for each resident and encourages the involvement of a resident's family, neighbors and friends."
Barber and Beauty Shops: Any premises, building or part of a building, in which any branch of barbering or cosmetology or the occupation of a barber or cosmetologist is carried out and is licensed by the State of Ohio.
Billboard: See Sign.
Board of Zoning Appeals: The Board of Zoning Appeals of the Village of Loudonville as established and regulated in Chapter 1244 and other applicable regulations of this Zoning Code.
Building: A structure intended for shelter, housing or enclosure of persons, animals or chattels. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building.
Building, Accessory: A subordinate building 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.
Building Height: The vertical distance measure from the average elevation of the finished grade along the front of the building to the highest point of the building structure.
Building Line: The front yard setback line established by this Zoning Code generally parallel with and measured perpendicularly from the front lot line, defining the limits of a front yard in which no building or structure may be located except as may be provided by this Zoning Code or as established by the Board of Zoning Appeals.
Building, Principal: A building in which is conducted the main or principal use of the property on which such building is situated.
Camp. Any tract of land or premises having facilities used for camping purposes such as recreational, health, educational, construction, sectarian, tourist, picnic, or resort camps, not for permanent occupancy.
Carry-Out Business: A retail business conducted in a building having no more than 8,000 square feet of gross floor area and primarily engaged in selling food products to short-term customers for consumption off the premises.
Cemetery: A tract of land designated by this Zoning Code and protected by Municipal laws, Township or County regulations or State statutes for the burial of human remains.
Cigar Stores and Stands: A store, shop or stand, or part thereof; place, building, structure, or vehicle, where cigars, cigarettes, or tobacco, or all or any of them, are exposed for sale, or sold, and inclusive of sale of any cigars, cigarettes, or tobacco, or all or any of them, from vending machines, or other apparatus of mechanical devices.
Clinic: An establishment where patients are admitted for examination and treatment by one or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.
Commercial Laundry and Dry Cleaning Plants: Any premises, building or part of a building rendering a retail service by providing for washing, drying and otherwise processing laundry, including, but not limited to, garment pressing, laundering and dry cleaning, the business of cleaning cloth, feathers, or any type of fabric by the use of gasoline, naphtha, benzine or other petroleum or coal tar products, or cleaning by any methods which include the use of flammable, volatile or highly combustible material, but not including self-service laundries.
Commercial Recreation Facilities: Operated as a business and open to the general public for a fee.
Commercial Uses: Any use operated for profit or compensation.
Comprehensive Plan: A plan or part thereof; adopted by the Planning Commission and the legislative authority of the Village of Loudonville 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 and is also referred to as the "Village Plan."
Conditional Use: A use permitted within a district, other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
Conditional Use Permit: A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within a district. Such permit indicates that the conditional use meets all conditions set forth in this Zoning Code.
Congregate Housing: A residential facility for four or more elderly persons (as defined by Federal Housing Laws) within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.
Construction Establishments, Building, Plumbing, Heating, Special Trades: Any premises, building or part of a building in which any of the standard building trades, including, but not limited to, construction, concrete, masonry, building fabrication, electricity, plumbing, heating, air conditioning, plaster, drywall, painting, roofing and the like, operates as a business in the commercial provision of building trade services.
Convalescent or Nursing Home: A structure with sleeping rooms where persons are housed or lodged and are furnished with meals and nursing and medical care.
Council: The Council of the Village of Loudonville.
Density: A unit of measurement indicating the number of dwelling units per acre of land.
1. Gross Density: The number of dwelling units per acre of the total land to be developed, including any area to be dedicated to public use.
2. Net Density: The number of dwelling units per acre of land exclusive of any area to be dedicated to public use.
Doctor, Dentist and Other Health Practitioners, Offices, or Clinics: Building in which a group of physicians, dentists or physicians and dentists and allied professional assistants are associated for the purpose of carrying on their profession, a pharmacy, an adult use cannabis operator dispensary, and/or similar medical providers. Such building may include dental, medical, pharmaceutical, or cannabis-related laboratories. It shall not include in-patient care or operating rooms for major surgery.
Drive-ins or Drive Through Business: A retail or service establishment conducted in a building having no more than 8,000 square feet of gross floor area, and which provides a designated place from which persons can conduct the major portion of their business without leaving their motor vehicles.
Drug Store: A store used for receiving, compounding, storing, handling, or dispensing medicinal preparations, drugs, chemicals, oils, personal care products, medical devices and supplies and nonprescription medicines, but where nonmedical products are sold as well.
Dwelling: A building or portion thereof occupied or intended to be occupied for residence purposes.
1. Industrialized Unit: A dwelling unit that is constructed and assembled at a factory and transported to the building's site and placed on and attached to a pre-built permanent masonry foundation. Industrialized unit housing must be at least twenty- four feet wide by thirty-six feet long and is not a mobile home or double wide mobile home, or a manufactured home, as defined in this section and as defined in Section 3781.10 of the Ohio Revised Code.
2. Manufactured Homes: A structure that is built completely or partially off site, which may not comply with either local or State building code. This type of structure will bear a label certifying that it is built in compliance with the National Manufactured Housing Construction and Safety Standards Act of 1974, established and administered by the U.S. Department of Housing and Urban Development (HUD) for manufactured homes, which became effective June 15, 1976. The removal of wheels, frame, and/or other equipment used in transporting said manufactured home, and or placement on a permanent foundation such as blocks, poured concrete or other materials used in permanent foundations, shall not be cause for reclassification to that of a permanent or immobile home or dwelling.
3. Mixed Use Dwelling: A dwelling which is located in a building having another primary use, such as a shop with apartments on the second floor or any similar combination of dwelling(s) and other uses.
4. Mobile Home: A transportable, factory built, single family structure, designed to be used as a year round residential structure and built prior to the enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.
5. Multiple-Family Dwelling: A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
6. Single-Family Dwelling: A detached residential dwelling unit, other than a manufactured unit, or vacation or seasonal home, designed for and occupied by one family only.
7. Two-Family Dwelling: A detached residential building designed for or occupied by two families only.
8. Vacation or Seasonal Home: A single-family home for vacation use, full-time or part-time, which is the same as a single-family dwelling, except that it is not permitted except where specifically provided for by this Zoning Code.
Eating and Drinking Places, Except Drive-ins: Restaurant, food or drink dispensing stand, coffee shop, cafeteria, short-order café, luncheonette, tavern, sandwich stand, soda fountain, in-plant feeding establishment, hospital, institution, institution, school lunchroom, private and semi-private club, camp, camp kitchen, church kitchen, caterer, or any other place in which food or drink is prepared or stored for public consumption, distribution or sale, including vehicles used in connection therewith and all places where water for drinking or culinary purposes is available for public use, except for drive-in type eating and drinking places.
Elderly Housing Facility: A building or buildings containing twelve (12) or more dwelling units where occupancy is restricted to elderly person or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semidependent living. For the purposes of this definition, "elderly housing facility" shall not include convalescent homes, nursing homes, group residential facilities, or homes for the aged.
Equipment Storage and Sales: An establishment or facility used for storage and wholesale or retail sale of industrial or commercial equipment.
Erosion: The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice and gravity.
Essential Services: The erection, construction alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service for the public health, safety, or general welfare, but not including buildings or structures.
Exception: A use permitted only after review by the Board of Zoning Appeals on matters of interpretation, covering conditions precedent or subsequent, because this Zoning Code does not precisely define a term, use, or application.
Family: One or more individuals occupying a dwelling unit and living as a single household unit.
Farm Vacation Enterprises: Farms adapted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery and nature recreation areas, hunting areas, hunting preserves, and similar uses.
Fence: An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
Finance, Insurance and Real Estate: Establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers in securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, sellers, agents and developers of real estate.
Fire Hazard: Any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service regularly engaged in preventing, suppressing or extinguishing fire, or which may obstruct, delay, hinder or interfere with operations of the Fire Department relating to the egress of occupants in the event of fire.
Garment Pressing, Laundry and Dry Cleaning Agents: A building or facility which is used for the washing of clothes or other articles of cloth, or for ironing in connection therewith, or for the business of cleaning cloth, feathers or any type of fabric by the use of gasoline, naphtha, benzine or other petroleum or coal tar products, or for the cleaning by any methods which include the use of flammable, volatile or highly combustible or combustible material.
Glare: The effect produced by brightness sufficient to cause annoyance, discomfort or loss in visual performance and visibility.
Grain Elevators and Feed Mills: An establishment or facility used for the storage, processing, shipment and sale, both retail and wholesale, of agricultural grain products and animal feed, such as corn, wheat, soybeans, oats, sunflower, rye, barley, sorghum and similar field crops.
Grocery Stores and other Food Stores: Establishments selling food and drink products for consumption off the premises, including grocery stores, fruit and vegetable stores, bakeries, dairy stores, butcher shops, liquor stores, and any other stores of a similar nature.
Group Home for the Handicapped: A dwelling shared by four or more handicapped persons including resident staff, who live together as a single housekeeping unit and in a long-term, family-like environment in which staff persons provide needed care, education, and participation in community activities for the resident with the primary goal of enabling the resident to live as independently as possible in order to reach their maximum potential.
As used herein, the term "handicapped" shall mean having: 1) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently, 2) a record of having such impairment, or 3) being regarded as having such an impairment. "Handicapped," however, shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals. The term "group home for the handicapped" shall not include alcoholism or drug treatment centers, work release facilities for convicts or ex-convicts, or other housing facilities serving as an alternative to incarceration.
Home Occupation: Any use customarily conducted entirely within a dwelling and carried on by the inhabitants thereof for compensation, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character thereof. A home occupation includes, but is not limited to, real estate offices, barber shops, beauty shops, and offices in the homes of doctors. Persons employed in home occupations who are from outside the home are not permitted except by approval of the Board of Zoning Appeals as an exception.
House Trailer: See Dwelling.
Housing for the Elderly/Senior Apartments: A building or group of buildings containing dwellings where the occupancy of the dwellings is restricted to persons 60 years of age or older or married couples where either spouse is 60 years of age or older. This facility does not include a development that contains convalescent or nursing facilities.
Industrial Park: A tract of land subdivided and developed according to a comprehensive development plan, in a manner which provides a park-like setting for industrial establishments.
Industrialized Unit: See Dwelling.
Institutions: A nonprofit or quasi-public use such as a church, library, public or private school, hospital or Municipally owned or operated building, structure or land used for public purpose.
Junk: Any scrap, waste, reclaimable material or debris, whether or not stored or used in conjunction with dismantling, processing, salvage, storage, bailing, disposal or other use ordisposition.
Junk Buildings, Junk Shops, Junk Yards: Any land, property, structure, building, or combination of the same, on which junk is stored or processed.
Junk Storage and Sales: Any area where waste or discarded or salvaged materials are bought, sold, exchanged, bailed, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards, and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including areas where such uses are conducted within a completely enclosed building, and not including pawn shops and establishments for the sale, purchase, or storage of used furniture and household equipment, used cars in operable condition, operable machinery, and the processing of used, discarded, or salvaged materials as part of manufacturing operations. Any concentration of two or more used motor vehicles not displaying a current motor vehicle license shall be considered junk storage and/or sales. Junk storage and/or sales are only permitted in the Industrial District and then only as a conditional use with permission of the Board of Zoning Appeals.
Large Recreational Complexes: An area, facility or combination consisting of at least five acres in size or having a capacity for at least 500 people.
Life Care Facility: A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single family units to congregate apartment living where residents share common meals, and culminating in a full health and continuing care nursing home facility.
Litter: Unsightly and untidy conditions caused by the improper and illegal disposal of solid waste material in other than an approved place of disposal.
Lot: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
1. A single lot of record;
2. A portion of a lot of record;
3. A combination of compete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under Yard in this section.
Lot, Minimum Area: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
Lot Measurements: A lot shall be measured as follows:
1. Depth: the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the nearmost points of the side lot lines in the rear.
2. Width: the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
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.
Manufacture, Sale and Storage of Building Materials: An establishment or facility used for the manufacturing, sale and storage of building materials, either retail or wholesale.
Manufactured Unit: See Dwelling.
Manufacturing: The assembly, fabrication, treatment, processing, rebuilding, blending, or molding of materials into a finished product.
Manufacturing Establishment: Any premises, building or part of a building in which processing and/or converting of raw, unfinished or finished materials or products, or any or all of them, into an article or articles of substance or different character, or for use for a different purpose, is carried on; industries furnishing labor in the case of manufacturing or the refinishing of manufactured articles; places providing for the industrial assembly, fabrication, treatment, processing, rebuilding, blending, or molding of materials into a finished product.
Mineral Extraction, Storage and Processing, Including Oil and Gas Wells: Any mining, quarrying, storage or processing of limestone, sand, gravel, oil or gas, or other mineral resources.
Mobile Home: See Dwelling.
Mobile Home Park: A site with required improvements and utilities for the long-term parking of mobile homes, which may include services and facilities for the residents.
Mobile Home Space: A plot of land for placement of a single mobile home or double wide mobile home within a mobile home park.
Mortuary: A place for the storage of human bodies prior to their burial or cremation.
Municipality: The specific unit of government responsible for the adoption, administration and enforcement of this Zoning Code, and the local authority which is the legally authorized agency charged with the administration and enforcement of land use regulations. In this Zoning Code, the terms Municipality and Village shall be the same as the Village of Loudonville, Ashland County, Ohio.
Noise: A disturbing sound of any kind caused by any circumstance.
Non-commercial Recreation: Clubs or recreation facilities, operated by a non-profit organization and open only to bona-fide members of such non-profit organization.
Nonconforming Lot: A lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonconforming Sign: Any sign lawfully existing on the effective date of this Zoning Code or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended Zoning Code.
Nonconforming Structure or Building: A structure or building the size, dimension or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nonconforming Use: A use or activity which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.
Nursery, Day Care Center or Child Care Center: A private establishment enrolling four or more children between two and five years of age and where tuition, fees or other forms of compensation for the care of the children are charged, and which is licensed to approved to operate as a nursery, day care center or child care center.
Nursing Home: An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
Offices and Laboratories: An establishment or other facility used for a combination of professional or commercial office space and a laboratory or laboratories.
Organization and Association: An entity organized on a profit-making or nonprofit making basis for the promotion of membership interests.
Outdoor Advertising: See Sign.
Parking, Off Street: Any parking space located wholly off any street, alley or sidewalk, either in a parking structure or on a lot and where each parking space conforms to standards specified in this Zoning Code, and is exclusive of access aisles or drives.
Parking Space: A space for the parking of a motor vehicle within a public or private parking area.
Permit: Written governmental permission issued by an authorized official, empowering the holder thereof to do some act not forbidden by law, but not allowed without such authorization.
Permitted Use: Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Planned Unit Development: An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Zoning Code. 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.
Planning Commission: The Planning Commission of the Village of Loudonville, Ohio.
Professional Office: A building providing office space for use by a person or persons engaged in an occupation generally classified as being professional in nature, including but not limited to the following: appraisers, architects, attorneys, accountants, engineers, doctors, dentists, osteopaths, chiropractors, optometrists, realtors and other similar or related professions. Specifically excluded from such use is the display, sale, storage and delivery of goods and merchandise.
Professional Mixed Use: A dwelling which is located in a building having another primary use defined in a Professional Office with an apartment on the second floor or any similar combination of professional activities and apartment.
Property Line: A line of record bounding a lot which divides one lot from another lot or from a public or private street or any other public space.
Public Hearing: A meeting announced and advertised in advance and open to the public, with the public given an opportunity to talk and participate.
Public Service Facility: The erection, construction, alteration or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, airports, terminals, and other similar public service structures, including the furnishing of electric, gas, rail transport, other transportation, communication, public water and sewage services.
Public Uses: Public parks, schools, and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
Radioactivity or Electrical Disturbance: The deleterious, disrupting interference, sometimes of a harmful nature, which shall include all radiation capable of producing ions in their passage through matter. Such radiations shall include, but are not limited to, electromagnetic radiations such as caused by electrical disturbances, excluding natural phenomenon, but including X-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons, and alpha particles.
Recreational Facilities: Recreational facilities include:
1. Private and semi-public recreational facilities which are not operated for commercial gain;
2. Public recreational facilities which are open to the public, established and operated for a profit;
3. Municipal recreational facilities which are operated by the Village and open to the public with or without charge;
4. A pace designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.
Repair Service: Any business activity which services and repairs appliances and machines used in the home.
Research and Testing Facility: Any premises, building or part of a building for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.
Residence: A home, abode or place where an individual is actually living at a specific point in time, including the term "domicile" which is a residence that is a permanent home to an individual. (See Dwelling.)
Retail Trade: Establishments engaged in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Right-of-Way: Land reserved for use as a street or interior walk, or for other public purpose.
Self-Service Laundry: A business rendering a retail service by renting to the individual customer, at a fixed location, equipment for washing, drying and otherwise processing laundry, with such equipment to be serviced and its use and operation supervised by the management, but not including the processing of laundry by the management on behalf of the customer.
Semi-Public Uses: Churches, Sunday schools, parochial schools, colleges, hospitals, and other institutions of an educational, religious, charitable or philanthropic nature.
Setback: The distance between the street right-of-way line and the front line of a building or any projection thereof.
Setback Line: That line that is the required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or place.
Shopping Center: A group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access aesthetic considerations and protection from the elements.
Shoe, Watch and Other Small Item Repair Shop: See Repair Service.
Sign: Any device or display designed to inform or convey messages to the public.
1. Farm Signs: A sign or signs which are on a farm over five acres, denoting such messages as name and address of occupants, produce for sale and membership in organizations, or other information generally related to activities conducted on the farm.
2. Ground Sign: A sign which is supported by one or more columns, uprights or braces in or upon the ground.
3. Outdoor Advertising Display and/or Billboard: Any outdoor sign, display, device, figure, painting, drawing, message, placard, poster, billboard, or other contrivance designed, intended, or used to advertise or to give information in the nature of advertising for a product or service not located on the premises on which the sign is located, or any part thereof; which advertisement is visible by persons walking or riding in a motor vehicle. All other permitted signs shall not be considered outdoor advertising displays and/or billboards.
4. Projecting Sign: A sign which projects from and is supported by a wall of a building or structure.
5. Wall Sign: A sign which is affixed directly to the exterior wall and confined within the limits thereof and which projects from that surface less than twelve inches at all points.
Sign, Animated or Moving: Any sign or part of a sign which changes physical position by any movement or rotation or which gives the visual impression of such movement or rotation.
Sign Area: The entire face of a sign, including the advertising surface and any framing, trim or molding, but not including the supporting structure, unless it bears an advertising message.
Sign, Flashing: Any directly or indirectly illuminated sign which exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, Portable: A sign that is not permanent, affixed to a building, structure or the ground, including, but not limited to, trailer signs, daisy signs, and similar transportable message signs.
Special Use: A use, either public or private, which, because of its unique characteristics, cannot be properly classified as a permitted use in a particular district or districts.
Story: That part of building included between the upper surface of any floor and the upper surface of the floor next above, or, in there be no floor next above, the ceiling or roof next above such floor. A basement shall be considered a story if it is used for living quarters or if two-thirds of its volume is above the average level of the adjacent ground.
Story, Half: A partial story under a gable, hip, gambrel, or similar roof; the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story.
Structural Alteration: Any change in either the supporting members of a building, such as bearing walls, columns, beams, and girders, or in the dimensions of configurations of the roof or exterior walls.
Structure: A combination of materials to form a construction for use, occupancy, or ornamentation, whether installed on, above, or below the surface of land or water.
Television and Radio Stations: Buildings, Antennae, electrical equipment, offices, and related accessory uses for the origination of electronic signals necessary to broadcast television and radio programming.
Temporary Structure or Use: A structure without any foundation or footings and which is removed when the designated time period, activity, or use for which the temporary structure was erected has ceased, or a use established for a fixed period of time with the intent to discontinue such use upon the expiration of the time period.
Tourist Home: A building other than a hotel or motel, where lodging is provided and offered to the public for compensation for not more than ten individuals and open for transient guests.
Transport and Trucking Terminals: See Trucking Terminal and Facility.
Trucking Terminal and Facility: A commercial facility where truck freight is stored, handled, and dispatched between various locations by way of different major truck carriers and including facilities for the storage and repair of trucks and trailers while awaiting consignment.
Used Merchandise Store: Any premises, building or part of a building, in which previously owned or used merchandise is displayed and provided for sale.
Vacation or Seasonal Home: A second home, owned or rented, usually used seasonally, and located in an area with nearby recreational opportunities or amenities.
Variance: A modification of the strict terms of this Zoning Code 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 this Zoning Code would result in unnecessary and undue hardship; and permission to depart from the literal requirements of this Zoning Code.
Vibration: A disturbing periodic, rhythmical movement or oscillation of an elastic body when displaced from the rest position of equilibrium, discernible without instruments on any adjoining lot or property.
Wall:
1. The vertical exterior surface of a building;
2. Vertical interior surfaces which divide a building's space into rooms.
Water Pollution: The addition of pollutants to water in concentrations or in sufficient quantities to result in measurable degradation of water quality.
Wholesale and Warehousing Facility: A structure for the purpose of storing and/or wholesaling goods and materials, including freight storage and forwarding, general warehousing cold storage, and any other type of warehousing or wholesaling, provided that all operations except the loading and parking of trucks shall be enclosed within a building.
Yard: A required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided that accessories, ornaments, and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
1. 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.
2. Yard, rear: A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
3. 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.
Yard, Required: The open space between a lot line and the buildable area within which no structure shall be located except as provided in this Zoning Code.
Zone: A specially delineated area or district in the Municipality within which regulations and requirements uniformly govern the use, placement, spacing, and size of land and buildings.
Zoning: The division of the Village into districts and the establishment of regulations governing the use, placement, spacing, and size of land and main buildings.
Zoning Boundary: A line of division between one or more zoning districts as shown on the Zoning Map.
Zoning Inspector: The administrative officer designated to administer this Zoning Code and issue zoning permits, and who is also referred to as the Building Inspector and/or Codes Enforcement Officer.
Zoning Map: The map or maps, which are part of this Zoning Code, and which delineate the boundaries of zone districts.
Zoning Ordinance: A Municipal ordinance of the Village of Loudonville, Ohio, regulating the use of land or structures or both.
Zoning Permit: A document signed by the Zoning Inspector, as required in this Zoning Code, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, which acknowledges that such use, structure or building.
(Ord. 19-83. Passed 4-4-93; Ord. 51-95. Passed 8-7-95; Ord. 75-96. Passed 11-18-96; Ord. 14- 01. Passed 3-5-01; Ord. 18-2024. Passed 9-16-24.)