Mount Vernon City Zoning Code
CHAPTER 1117
Definitions
1117.01 PURPOSE.
It is the purpose of this chapter to define words, terms, and phrases, or identify references, contained in this code.
(Ord. 2024-032. Passed 7-22-24.)
1117.02 GENERAL RULES FOR INTERPRETATION.
The following rules shall apply for construing or interpreting the terms and provisions of this code.
(a) Meanings and Intent.
(1) All provisions, terms, phrases, and expressions contained in this code shall be interpreted in accordance with the general purposes set forth in Section 1101.01: Purpose, and the specific purpose statements set forth throughout this code. When a specific section of this code gives a different meaning than the general definition provided in this chapter, the specific section's meaning and application of the term shall control.
(2) For the purposes of this code "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied".
(b) Headings, Illustrations, and Text. In the event of a conflict or inconsistency between the text of this code and any heading, caption, figure, illustration, table, or map, the text shall control. Graphics and other illustrations are provided for informational purposes only and should not be relied upon as a complete and accurate description of all applicable regulations or requirements.
(c) Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms like "for example," "including," and "such as," or similar language are intended to provide examples and are not exhaustive lists of all possibilities.
(d) References to Other Regulations or Publications. Whenever reference is made to a code, statute, regulation, or document, it shall be construed as a reference to the most recent edition of such code, statute, regulation, or document, unless otherwise specifically stated.
(e) Technical and Nontechnical Terms. Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.
(f) Public Officials and Agencies. All public officials, bodies, and agencies to which references are made are those of the City of Mount Vernon, unless otherwise indicated.
(g) Mandatory and Discretionary Terms. The words "shall," "must," and "will" are mandatory in nature, establishing an obligation or duty to comply with the particular provision. The words "may" and "should" are permissive in nature.
(h) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) "And" indicates that all connected items, conditions, provisions, or events apply; and
(2) "Or" indicates that one or more of the connected items, conditions, provisions, or events apply.
(i) Tenses and Plurals. Words used in the present tense include the future tense. Words used in the singular number include the plural number and the plural number includes the singular number, unless the context of the particular usage clearly indicates otherwise. Words used in the masculine gender include the feminine gender, and vice versa.
(j) Terms Related to Specific Chapters and Sections. Some terms have a specific definition related to a set chapter or section in this code but could otherwise be misinterpreted as a common term and definition defined elsewhere in this code. Where such terms exist, a parenthetical reference is included following the term and shall relate to the sections identified in Table 1117-1, below. Such terms may also relate to other definitions in this chapter.
(k) Terms Not Defined. Words and terms not specifically defined carry their customarily understood meanings. If a term used in this code is not defined in this chapter, the ZEO shall also have the authority to provide a definition based upon the definitions used in accepted sources, including but not limited to, A Planners Dictionary, A Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning Definitions, published by the American Planning Association. The ZEO may also rely on Webster's Dictionary or a similar source for the definition of terms.
(Ord. 2024-032. Passed 7-22-24.)
1117.03 DEFINITIONS AND REFERENCES.
Abandoned (Small-Cell Facility)
Any small cell facilities or wireless support structures that are unused for a period of 365 days without the operator otherwise notifying the City and receiving the City's approval.
Abut, Adjoin, or Adjacent
The land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement, or street.
Access
Any driveway or other point of entry and/or exit onto or from a street, road, or thoroughfare, which connects to the general street system.
Accessibility Ramps
Permanent or portable ramps utilized to provide a disabled person with accessibility to a structure.
Accessory Dwelling Unit
A secondary dwelling or dwelling unit that is added, created, or constructed on a parcel of land on which an existing dwelling or dwelling unit already exists. A secondary dwelling unit may or may not be attached to or a part of the pre-existing principal dwelling.
Active Recreational Facilities
Any park or recreational facility that is owned, managed, or operated by the City of Mount Vernon, a local township, Knox County, the State of Ohio, or a nonprofit agency. Such park or recreational facility requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf courses and other similar outdoor facilities. Such uses may include accessory retail uses that are customarily incidental recreational uses including, but not limited to, souvenir or concession stands.
Adaptive Reuse of a Pre-Existing Building
The permitted use of a building that existed prior to January 1, 1990 for a use that is not otherwise allowed in the applicable zoning district where the design of the building is found by the MPC to not be designed in a manner that would readily allow a use permitted in the applicable zoning district.
Adjudication Hearing
An adversarial hearing during which evidence is taken for the purpose of determining issues of fact and law that will be used by the applicable decision-making body to prepare the report and recommendation and, ultimately, will be used in preparing final findings and orders. This may also be referenced as a quasi-judicial hearing. Adjudication hearings take place during a public meeting of the applicable decision-making body and require special public notice and an opportunity for the public to be heard.
Administrative, Business, or Professional Offices
A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations, and wherein no retail trade is carried on and no stock of goods for retail sale are maintained on the premises.
Adult Arcade
Adult arcade shall mean any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
Adult Bookstore, Adult Novelty Store, or Adult Video Store
A commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:
• Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or
• Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."
A commercial establishment as defined in section 2907.38 of the Ohio Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an "adult bookstore," "adult novelty store", or "adult video store." The existence of other principal business purposes does not exempt an establishment from being categorized as an "adult bookstore," "adult novelty store," or "adult video store" so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe "specified sexual activities" or "specified anatomical areas."
Adult Cabaret
A night club, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:
• Persons who appear in a state of nudity or semi-nudity;
• Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or
• Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Entertainment
The sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of "specified anatomical areas" or "specified sexual activity."
Adult Entertainment Establishment
An adult arcade, adult bookstore, adult entertainment business, adult novelty store, adult video store, adult cabaret, adult motion picture theater, sexual device shop, adult theater, nude or seminude model studio, or sexual encounter establishment but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not an "adult entertainment establishment.
Adult Motion Picture Theater
A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
Adult Theater
A theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by their emphasis upon the exposure of "specified anatomical areas" or "specified sexual activities."
Agriculture
The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce.
Air-Activated Graphic
A sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion. See also the definition for "Sign, Balloon."
Airport
Any area of land designated and set aside for the landing and taking off of aircraft, and utilized or to be utilized in the interest of the public for such purposes
Alley
A minor, service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation, but is not a public or private street as defined by this code.
Alteration
A physical change in a building or an addition to it. An alteration that includes an addition, projection into yards, or change from one type of use to another may require zoning approval.
Alteration (Historic Preservation)
Any material or visual change other than normal maintenance and repair to the exterior of any structure located within an historic district or to any historic property or to the publicly accessible interior of any listed property which was listed in whole or in part because of the historic or architectural significance.
Amateur Radio Antennas
A system of cables, electrical conductors, insulators, metallic or nonmetallic tubing, poles, reflecting discs, rods, wires, or similar objects used for transmission or reception of radio signals or electromagnetic waves for amateur radio service.
Amusement Arcade
A place of business within a building or outdoor structure or any part of a building having more than five (5) mechanical or electronically operated amusement devices which are used for the purpose of public entertainment through the operation, use, or play of any table game or device commonly as an electronic game which is operated by placing therein any coin, plate, disc, slug, key, or token of value by payment of a fee. Amusement arcades shall not include any machines that are defined as a "scheme of chance" or "skill-based amusement machine" in the ORC.
Animal Boarding Facility
Any building, structure, land, or combination thereof, used, designed or arranged for the boarding, breeding or care of six (6) or more domestic animals or pets more than four (4) months of age, for profit. Such use may also include training and daycare facilities.
Animal Hospital/Clinics and Animal Grooming
A building where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Such uses shall not have any outdoor facilities for the boarding or keeping of animals. Such use may include facilities for animal grooming.
Antenna
Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic waves in the provision of wireless service.
Appeal
A review procedure by which a person may call into question an administrative decision made in accordance with this code. See Section 1103.07.
Applicant
Unless otherwise specified, an owner of a property or an agent for the owner, including, a subdivider, developer, attorney, or similar representative, who has filed an application for review pursuant to Chapter 1103: Review Procedures or other review procedures established in this code.
Application
The process by which the applicant submits a request for any type of review or approval identified in Chapter 1103: Review Procedures. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities as required by the City.
Architectural Feature
A prominent or significant part or element of a building, structure or site.
Assembly Halls or Conference Centers
Facilities or buildings available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.
Automotive Repair and Service (Major)
Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair). This use type may also include towing services that provide towing or conveyance of a wrecked, inoperable, disabled, or illegally parked motor vehicle but shall not include storage of such vehicles on site.
Automotive Repair and Service (Minor)
Any structure or premises used for the sale of vehicle parts and fluids, excluding fuel sales, including lubrication of motor vehicles and replacements or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, or spray painting. Such uses shall also include establishments that sell parts or tires for vehicles as a retail establishment, regardless if the parts are installed on-site.
Awning
A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. See also definition of "canopy."
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Figure 1117-A: Examples of traditional awnings
Awning
A roof-like cover that is temporary in nature and that projects from the wall of a building for the purpose of shielding a doorway or window from the elements and which can be retracted, folded or collapsed against the face of the supporting building.
Basement
A story all or partially underground but having at least one-half (½) of its height below the average level of the adjoining ground. (See story)
Bed and Breakfast
Any place of lodging that provides four (4) or fewer rooms for rent on a temporary basis, is the owner's personal residence, is occupied by the owner at the time of rental, and where meals may be served to guests.
Bedroom
A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
Berm
An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
Block
The property lying between the two nearest intersecting streets, crossing or terminating, or between the nearest such street and a railroad right-of-way, unsubdivided acreage, a river or live stream, or between any of the foregoing and any other barrier to the continuity of development or the corporate lines of the City.
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Figure 1117-B: Illustration of block
Block Face
All lots that have frontage on the same street as the subject lot between an intersecting street or other boundary.
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Figure 1117-C: Illustration of block face
Board of Zoning Appeals
A local decision-making board, created by ordinance, whose responsibility is to hear appeals from decisions on local administrative decision; to consider requests for variances permissible under terms of this code; and undertake other roles as established in Section 1102.04(c).
Buffer
Land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
Building
Any structure, of more or less permanent construction, having one (1) or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property. When separated by party walls, each portion of such building shall be considered a separate structure. The term shall be used synonymously with "structure," unless otherwise noted, and shall be construed as if followed by the words "parts or parts thereof."
Building Height
The vertical distance of a building as measured in Section 1105.05(d).
Building Lines
The lines along the interior side of required front, rear and side yards setbacks.
Building Unit
Any building subdivided into separate units or spaces and any interior space occupying any portion of the ground floor of any building provided that each unit or space has its own exterior entrance and is separated from other such spaces by a party wall or walls.
Building, Accessory
A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use.
Building, Nonconforming
A building or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and that does not conform to the provisions of the code in the district in which it is located.
Building, Principal or Main
A building occupied by the main use of the lot on which said building is located.
Bulk Sale, Storage, or Distribution of Grains
An establishment that sells, stores, or distributes grains or other dried food products in bulk containers.
BZA
City of Mount Vernon Board of Zoning Appeals
Caliper
The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground up to and including four (4) inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.
Canopy
A permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building facade (e.g., structural legs, building extensions, etc.). See also the definition of "awning."
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Figure 1117-D: Example of a canopy and related sign
Carport
A roofed shelter, open on at least two (2) sides, designed as a shelter for operable automobiles. A carport may be freestanding or may be formed by the extension of a roof from the side of a building.
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Figure 1117-E: Example image of a detached carport.
Cellular Communication Services (Cellular or Wireless)
Personal communications accessed by means of cellular equipment and services.
Cellular or Wireless Communication System (Colocation)
The use of a cellular or wireless communications support structure, comprising a single wireless telecommunications tower, building or other structure permanently affixed to real property, supporting two (2) or more antennas, disks, pods or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private. Collocation shall apply to such devices whether readily discernible to the naked eye or camouflaged.
Cellular or Wireless Communication System
The establishment of a new cellular or wireless communications support structure, tower, and related antennae as compared to co-locating antenna on existing tower or structure.
Cellular or Wireless Communications Antenna (Cellular or Wireless)
shall mean any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas such as whips and other equipment utilized to serve personal communication services.
Cellular or Wireless Communications Site (Cellular or Wireless)
shall mean a tract, lot or parcel of land that contains the cellular or wireless communications tower, antenna, support structure(s), parking and any other uses associated with and ancillary to cellular or wireless communications transmissions.
Cellular or Wireless Communications Support Structure (Cellular or Wireless)
shall mean any building or structure accessory to but necessary for the proper functioning of the cellular or wireless communications antenna or tower.
Cellular or Wireless Communications Tower (Cellular or Wireless)
shall mean any freestanding structure used to support a cellular or wireless communications antenna.
Cellular or Wireless Communications Tower, Height of (Cellular or Wireless)
shall mean the height from the base of the structure to its top; including any antenna located thereon.
Cemetery
Land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.
Certificate of Appropriateness (COA)
A certificate issued by the City of Mount Vernon indicating that a proposed change, alteration, construction or demolition of a designated landmark building or structure or within a designated historic site or district is in accordance with the provisions of this code.
Change
Any alteration, addition, demolition, removal, or construction involving any property subject to the provisions of this code.
Change (Historic Preservation)
Any alteration, demolition, removal or construction involving any building, structure or property subject to the provisions of this code. This change shall not be related to ordinary maintenance or repair of any property provided that such work involves no change in material, design, texture, color or outer appearance of such property.
Change of Use
Any use which substantially differs from the previous use of a building or land.
City
The City of Mount Vernon, Knox County, Ohio
City Council
City Council or Council means the legislative body of the City of Mount Vernon, Ohio
City Engineer
The City Engineer for the City of Mount Vernon, Ohio.
COA
Certificate of Appropriateness
Code Text or Map Amendment
An amendment or change to the text of this code or to the zoning map as reviewed and decided upon by the City Council in accordance with Section 1103.03.
Codified Ordinances
The Codified Ordinances of the City of Mount Vernon, Ohio
Collocation or Collocate (Small-Cell Facility)
To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure.
Commercial and Business Support Services
A profit-making activity which renders services to other commercial or industrial businesses such as, but not limited to, courier services, information technology consultants, and internet providers.
Commercial Greenhouse or Nursery
An establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales. Greenhouses that are part of a larger agricultural use shall be considered accessory to the principal agricultural use of the land.
Commercial Recreational Facility (Indoors)
A facility for any indoor profit-making activity which is providing participatory and/or spectator activities, such as, but not limited to, live performances (excluding theaters), bowling alleys, commercial recreation, video game rooms, billiard halls, indoor skating rinks, bingo parlors and similar entertainment activities. Commercial recreational facilities shall not include "adult entertainment establishments" or "amusement arcades."
Commercial Recreational Facility (Outdoors)
Land or facilities for any profit-making activity which is providing outdoor participatory and/or spectator activities such as, but not limited to, privately managed or owned parks, amusement park, water parks, rollerblade rental, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, outdoor ice-skating rinks, batting cages or swimming pools. Commercial recreational facilities shall not include "adult entertainment establishments."
Commercial Vehicle
Any motor vehicle licenses by the State as a commercial vehicle.
Common Area
Any land area and/or facilities that is held in common ownership by the residents through a property owners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
Community Garden
A single piece of land that is gardened collectively by a group of people that may include individual garden plots designated for individual gardens.
Completed Application
An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
Condominium
A building or buildings in which title to the land and multi-unit improvements on the land are acquired by any two (2) or more persons in any manner whereby each person is vested with title to:
• Some form of individual ownership in one (1) or more units, such as apartments, offices, suites or the like; and
• An interest as tenant in common in the land and all the improvements, except the units, but including easements of right-of-way to access drives, garages, off-street parking space and other common areas. All requirements set forth in these Subdivision Regulations for multiple dwellings shall also apply to condominium development.
Construction Structures
A mobile home, trailer, dumpster, or similar temporary structure that is used as an office, storage, or collection of debris on a temporary basis in conjunction with a construction project.
Contractor Equipment and Storage Yard
An unenclosed area or portion of a lot upon which a construction contractor maintains its principal office or a permanent business office used to store and maintain construction equipment and other materials customarily used in the trade carried on by a construction contractor. Such uses can include contractors including, but not limited to, landscaping and building contractors, who operate an office and storage yard on the same lot.
County
Knox County, Ohio
Crosswalk
A right-of-way, dedicated to public use, ten feet or more in width, which cuts across a block to facilitate pedestrian access to adjacent streets and properties.
Cultivate
To grow, harvest, package, and transport medical marijuana pursuant to Chapter 3976 of the Ohio Revised Code.
Cultural Facility
Public or private facilities used for display, performance, or enjoyment of heritage, education, history, or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites. Such use shall not include "theaters."
Day Care
An accessory uses that includes a facility operated for the purpose of providing care, protection, and guidance to individuals during part of a twenty-four (24)-hour day. This term includes nursery schools, preschools, adult day care centers, child day care centers, type-B day care homes, and similar uses. Day care center does not include public or private educational facilities or any facility offering care to individuals for a full twenty-four (24)-hour period.
Deck
A flat surface, that is not paved, which is capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground, and that is either freestanding or attached to a building. Decks may also include stairways. Decks are unenclosed by solid or nonsolid walls or a roof.
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Figure 1117-F: Example of a deck.
Decorative Pole (Small-Cell Facility)
A pole, arch, or structure other than a street light pole placed in the right-of-way to specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following:
• Electric lighting;
• Specially designed informational or directional signage; or
• Temporary holiday or special event attachments.
Dedication
The intentional and voluntary appropriation or transfer of land from the private owner to the City or other public agency for the land to be pledged to a proper public use or purpose.
Density
A unit of measurement; the number of dwelling units per acre of land.
• Gross Density. The number of dwelling units per acre of the total land to be developed.
• Net Density. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
Design Guidelines (Small-Cell Facility)
Those detailed design guidelines, specifications and examples adopted by the City Council pursuant to Section 955.04 for the design and installation of small cell facilities and wireless support structures, which are effective insofar as they do not conflict with federal and state law, rule and regulations.
Developer
Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or other legal entity commencing proceedings under this code to affect the development of land for himself or herself or for another.
Development
Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
Dispense
The delivery of medical marijuana to a patient or the patient's registered caregiver that is packaged in a suitable container appropriately labeled for subsequent administration to or use by a patient who has an active patient registration with the State of Ohio Board of Pharmacy, authorizing them to receive medical marijuana.
District
See "Zoning District."
Drive-Through Facilities
Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-through" shall also include "drive-up" and "drive-in" but shall not include vehicle washing establishments, automotive fuel sales, or automotive repair and service establishments.
Driveway
A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, structure, or a use of land.
Dwelling
A building designed or used exclusively as the living quarters for one (1) or more families or housekeeping units.
Dwelling Unit
A single unit of one (1) or more rooms providing complete, independent living facilities for one family, or alternatively by one (1) housekeeping unit.
Dwelling, Multi-Family
A building or portion thereof designed with four (4) or more dwelling units excluding "dwelling, rowhouse."
Dwelling, Rowhouse
A building where the dwelling units are structurally attached to one another, side-by-side, with shared walls. Each dwelling unit shall only be accessible by individual, exterior entrances.
Dwelling, Single-Family
A building designed for or used exclusively for residential purposes by one (1) family or housekeeping unit.
Dwelling, Three-Family
A building, or portion thereof, designed with three (3) dwelling units.
Dwelling, Two-Family
A building, or portion thereof, designed with two (2) dwelling units.
Easement
A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
Educational Institution (Higher Education)
Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, cosmetology schools, seminaries, or any other institution providing collegiate level curriculum and other post-secondary school educational opportunities. Where such schools include a dormitory or other forms of housing for students or staff, such housing shall be considered a part of the educational institution provided it is on the same lot or within the same development as the educational institution.
Educational Institution (Preschool and K-12)
A public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction, including, but not limited to, preschools, kindergartens, elementary schools, junior high schools, and high schools. This definition shall not be deemed to include colleges, trade or business schools, or other post-secondary education facilities. Where such schools include a dormitory or other forms of housing for students or staff, such housing shall be considered a part of the educational institution provided it is on the same lot or within the same development as the educational institution.
Electronic Message Center
A sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs).
Essential Services
The erection, construction, alteration, or maintenance by public utilities or City departments, boards, or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such City utility or City department, board, or commission or for the public health, safety, convenience, prosperity or general welfare, shall be exempt from the regulations of this code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
Exhibitor
Any person owning and exhibiting or contracting or permitting any mechanical or electrically operated amusement device to be installed, used and exhibited in his own place of business, irrespective of the ownership of such device.
FAA
The Federal Aviation Administration
Facade
The exterior walls of a building or building face exposed to public view; the exterior face of a building that gives it a distinctive character.
Facade, Front
The facade of a building that contains the primary entrance of the building.
Facade, Primary
For the purpose of the sign regulations, a primary facade shall be as defined in Section 1113.05(d).
Facade, Secondary
For the purpose of the sign regulations, a secondary facade shall be as defined in Section 1113.05(d).
Family
One (1) or more persons, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit.
FCC
The Federal Communications Commission, which is primarily responsible for the administration of the Telecommunications Act of 1996.
Fence
Any accessory wall or structure composed of wood, metal, stone, vinyl or other material erected in such a manner and positioned to enclose, partially enclose, screen or divide any premises or part of premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose, partially enclose, screen or divide any premises or any part of any premises shall be included within the definition of fence.
Financial Guarantee
A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.
Financial Institution
Any building, property or activity of which the principal use or purpose of which is for depository purposes and including the provision of financial services including, but not limited to banks, credit unions, savings and loan institutions.
Flag
Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
Flood Damage Prevention Ordinance
An ordinance adopted as law by the City of Mount Vernon, Ohio, on July 30, 1982, as amended; which regulates land use in areas subject to periodic flooding so as to reduce flood hazards and losses and to protect the public, health and safety. See Chapter 1317 of the Codified Ordinances.
Floor Area
The total floor area used, or intended to be used, by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for, display or sale of merchandise. It shall not include areas used principally for the purpose of storage, nor shall it include incidental areas for repair, processing or packaging of merchandise; show windows; maintenance, toilet or restrooms; utility rooms; or dressing, fitting or alteration rooms. Where the term "gross floor area" is specifically referenced, then the term shall mean the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. For residential dwellings, see additional clarification on measurement in Section 1105.05.
Food Service
An establishment whose principal business is the preparation of food and beverages for serving off-site. This includes catering services where there is no on-site restaurant or area for the serving of prepared foods and drinks.
Footcandle
A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) standard candle
Fraternal, Charitable, and Service Oriented Club
A building or portion thereof or premises owned or operated by an entity, person or group of persons for a social, educational, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
Frontage
All of the property abutting on one (1) side of a street or places (crossing or terminating) or, if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
Frontage, Building
The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way the ZEO shall have the authority to designate the building frontage. In structures with more than one business, the frontage of each business shall be calculated separately in determining its sign area.
Frontage, Street
The length of the right-of-way line along the front lot line. See Section 1105.05(b).
Fuel Stations
An establishment that sells unleaded and diesel gasoline or any other fuel used for in vehicles as part of a retail activity available to the general public. Such use shall not include electric charging stations that are located in individual parking spaces.
Funeral Home or Mortuary
Any dwelling or establishment used and occupied by a professional licensed mortician for human burial preparation and funeral services.
Garage
An accessory building primarily intended for and used for the enclosed storage or shelter of motor vehicles of the owner or occupant of the principal building that is attached or detached from the principal building.
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Figure 1117-G: Example image of a detached garage.
Government Office or Building
Buildings or office space utilized for the provision of services by the City of Mount Vernon, Knox County, the State of Ohio, or the Federal Government that does not include outdoor activities other than parking. Such uses include, but are not limited to, the municipal building, fire stations, police stations, government offices, and other similar uses.
Grade
The elevation of the finished surface of the ground adjoining the building after final grading and normal settlement at the front of the building.
Grading
The stripping, cutting, filling, or stockpiling, or any combination thereof, of earth-disturbing activity, inclusive of land in its cut or filled conditions
Grass
A species of perennial grass grown as permanent lawns or for landscape purposes.
Ground Cover
A plant growing less than two (2) feet in height at maturity that is grown for ornamental purposes. Ground covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. Ground covers also provide permanent covering of open ground to prevent erosion and/or create visual appeal.
Hedge
A barrier of natural vegetation usually consisting of evergreen trees, shrubs, or tall grasses that can be used to enclose, screen, or separate areas.
Heliport
A designated land area used for helicopter operations and any appurtenant areas, including fueling facilities, terminal buildings and maintenance and repair facilities.
Historical District
An area designated as an "historic district" which contains within definable geographic boundaries, properties or buildings that may or may not be landmarks but which constitute to the overall historic character of the designated area.
Historical Review Commission
A local review and decision-making board, created by ordinance, whose responsibility is review applications for COAs in the HO District and undertake other roles as established in Section 1102.04(d).
Home Occupations
A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot and does not adversely or perceptively affect the character of the lot or surrounding area.
Hospital
An institution providing inpatient and outpatient medical and/or surgical care, diagnosis and treatment for sick or injured persons including beds for overnight care, laboratories, medical offices, training facilities, and other necessary accessory facilities. Such uses may include ambulance service.
Hotel
A facility offering fewer than thirty (30) days of consecutive lodging accommodations, in individual rooms or suites, on a daily rate, to the general public and potentially providing additional accessory services such as, but not limited to, restaurants, meeting rooms and recreational facilities. Such facilities shall provide only internal access to the individual rooms or suites.
Housekeeping Unit
Five (5) or fewer unrelated persons occupying a single dwelling unit, living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a hotel, motel, or other group living arrangement. Such definition shall also include all residential facilities with five (5) or fewer residents and residential facilities, as defined in Chapter 5123 of the ORC, that contain up to eight (8) or fewer unrelated persons.
HRC
City of Mount Vernon Historical Review Commission
Improvement Plans
The engineering plans showing types of materials and construction details for the proposed subdivision improvements.
Improvements
Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, structures, landscaping, and other related matters normally associated with the subdivision of raw land into building sites.
Industrial Service Use
Establishments primarily engaged in rendering services to office, business, retail, or industrial establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; machine repair, and personal supply services.
Industrialized Unit
A building unit or assembly of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. "Industrialized unit" includes 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. "Industrialized unit" does not include a manufactured home as defined by division (C)(4) of this section or a mobile home as defined by division (O) of section 4501.01 of the ORC.
Junk
Any personal property which is bought, bartered, acquired, possessed, collected, accumulated, dismantled, sorted or stored for reuse or resale such as: salvage metal, metal alloys, metal compounds and combinations, used or salvaged fabric, fibers, bags, paper, rags, glass or any latex or plastic product; used or salvaged motor vehicles which are primarily used for parts or scrap metal and similar or related articles or property.
Junk and Salvage Yard
Land or buildings used for one of the following operations:
• The purchase, sale, exchange, storage, baling, packaging, disassembly, or handing of waste, used materials, or secondhand materials including, but not limited to, batteries, scrap iron and other old scrap ferrous or non-ferrous materials, metals, paper, rubber tires, tires, debris or waste, electronic parts, and bottles;
• The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles or their parts; or
• The storage, keeping, buying or selling of wrecked, scrapped or dismantled motor vehicles or motor parts. The presence on any lot or parcel of land of two or more motor vehicles, which, for a period exceeding thirty (30) days, have not been capable of operating under their own power and from which parts have been removed for reuse or sale, shall constitute a vehicle or automotive wrecking or salvage yard.
Landscaping
The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects. In no case shall landscaping include the use of artificial plants or flowers as a replacement for living plant material unless such artificial plant closely resembles its natural counterpart in size, form, and color.
Light Fixture
The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output controls, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
Light, Cutoff
An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1109.02.
Light, Non-Cutoff
An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1109.02.
Live/Work Unit
A use that combines a commercial activity allowed in the zoning district with one (1) dwelling unit in the same building. See also the definition of "mixed-use building."
Loading Area
An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure they serve.
Loading Space
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 that has an appropriate means of access. Loading spaces are considered a part of vehicular use areas
Lot
A parcel of land occupied, or to be occupied, by a main building and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required and having the minimum size required for a lot under the provisions of this code. Every lot shall abut upon and have permanent access to a public street and have a minimum frontage required in the zoning district in which the lot is located. Lot line is synonymous with the term "property."
Lot Area
The total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. See Section 1105.05(b).
Lot Coverage
That portion of a lot, which when viewed from directly above, would be covered by a building or impervious pavement as established in Section 1105.05(g).
Lot Line
The boundary line defining the limits of the lot. Lot line is synonymous with the term "property line."
Lot Line, Front
In the case of an interior lot, means that line separating such lot from the street. In the case of a corner lot or double frontage lot, the front lot line is that line separating such lot from either street. See Section 1105.05(c).
Lot Line, Rear
A lot line opposite a front yard. A rear lot line is generally parallel to or less than forrty-five (45) degrees to the front street right-of-way line. See Section 1105.05(c).
Lot Line, Side
A lot line generally extending perpendicular to the front and rear lot lines. The side lot line extends between the front lot line and the rear lot line. See Section 1105.05(c).
Lot of Record
A lot which is part of a subdivision, the part of which has been recorded in the office of the Knox County Recorder, or a parcel of land the deed to which was recorded, prior to adoption of this code.
Lot Width
The horizontal distance between the side lot lines measured at along the minimum front yard setback line. See Section 1105.05(b).
Lot, Corner
A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is one 135 degrees or less. See Figure 1117-H.
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Figure 1117-H: Illustration of typical lot types.
Lot, Curved or Cul-De-Sac
A lot with frontage along a curved street or cul-de-sac. See Section 1105.05(c).
Lot, Double Frontage (Through)
A lot having a frontage on two (2) non-intersecting streets, as distinguished from a corner lot. See Section 1105.05(c).
Lot, Flag (Panhandle)
A lot that has a frontage on, or is abutting, a public street but where access is provided through a narrow strip of land that fronts or has access to the street. See Section 1105.05(c).
Lot, Interior
A lot that has a single street frontage, a rear lot line, and at least two (2) side lot lines. See Section 1105.05(c).
Lot, Nonconforming
A lot that does not meet the minimum lot width, street frontage, and/or lot area requirements of the applicable zoning district.
Luminaire
The complete lighting unit, including the lamp, the fixture and other parts.
Machinery and Heavy Equipment Sales, Leasing, Storage, and Service
An establishment engaged in the temporary storage for the sale or repair of tractor trailer trucks and other equipment or vehicles used in commercial, industrial or construction enterprises such as, but not limited to, bulldozers, cranes, backhoes, rollers, and lifts.
Manufactured Home
A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance 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," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.
Manufacturing and Production (Heavy or Outdoors)
An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials, or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its lot line. Such use shall also include any manufacturing or assembly facility that requires outdoor storage areas that exceed 500 square feet in area.
Manufacturing and Production (Indoors)
The manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not noticeable from the adjacent properties. See also "manufacturing and production (heavy or outdoors)."
Marijuana
Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for medical or recreational purposes as defined in the ORC.
Marijuana Cultivator
An entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport marijuana as permitted under the ORC.
Marijuana Dispensary
An entity licensed by the State of Ohio to sell marijuana in accordance with rules established in the ORC..
Marijuana Processing
Marijuana processing licensed by the State of Ohio.
Marquee
Any hood, canopy, awning or permanent construction which projects from a wall of a building, usually above an entrance.
Maximum Extent Feasible
That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or to minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.
Maximum Extent Practicable
Under the circumstances, reasonable efforts have been undertaken to comply with the regulation or requirement, that the cost of additional compliance measures clearly outweigh the potential benefits to the public or would unreasonably burden the proposed project and reasonable steps have been undertaken to minimize any potential harm or adverse impacts resulting from the non-compliance.
Mechanical Equipment
Equipment, devices and accessories, the use of which relate to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.
Mechanical or Electronically Operated Amusement Device
Any machine, device or instrument which, by the payment of a fee or other things of value, or by the insertion of a coin, plate, disc, slug, key or token, operates or may be operated as a game, contest or amusement, and which contains no automatic pay-off device for the return of money, coins, tokens or merchandise or check redeemable in money or anything of value. Mechanical or electronically operated amusement device includes, but is not limited to, devices such as mechanical baseball, mechanical football, pinball machines, any table game or device commonly known as an electronic game, and other similar types of devices; provided, however, that this definition is not intended to, nor shall it be construed to, include merchandise vending machines or coin operated mechanical or electrical musical instruments or devices.
Medical/Dental Clinic or Health Center
Office or clinic uses concerned with the diagnosis, treatment, and care of human beings. This definition includes twenty-four (24)-hour urgent care centers but does not include "hospitals," "medication maintenance facilities or dispensaries," "skilled nursing facilities," or "personal care facilities." The use shall not include any ambulance service or overnight stays.
Memorial or Monument
A statue, building, or other structure erected to commemorate a famous or notable person, place, or event.
Microbrewery, Microdistillery, or Microwinery
An establishment where beer, liquor, wine, or other alcoholic beverage is manufactured on the premises. The manufacturing may be the principal use of the facility or may be subordinate to a restaurant, bar, or tavern. A microbrewery, microdistillery or microwinery may include some off-site distribution of its alcoholic beverages consistent with state law.
Mineral Extraction
The use of land that includes the extraction, removal, or basic processing of minerals, soil, or other natural resources from the earth. Such uses also include quarrying, mining, or other procedures typically done at an extraction site.
Mixed-Use Building
A building that contains a commercial or office use and a residential use within a single building as provided for in this code and where the residential uses are located on upper floors only.
Mobile Home
A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.
Modification
Any change in use, addition or alteration of a building or structure, or any change in type and/or increase in quantity of regulated substances used, stored, handled or produced.
Monument (Subdivision)
A box with an iron pin at the intersection of the centerlines of two (2) streets or at a location where the point of tangency meets the point of curvature for curved sections of streets.
MPC
The Municipal Planning Commission of the City of Mount Vernon, Ohio
Multi-Tenant Use
A principal building with multiple uses of a similar use classification (e.g., commercial, industrial, etc.) but that has multiple tenant spaces and/or multiple use types. A strip mall or strip center with a mixture of retail uses such as restaurants, retail stores, and personal service establishments is an example of a multi-tenant building. Such use does not include any use within the residential use classification.
Municipal Planning Commission
A local review and decision-making board, created by ordinance, whose responsibility is to hear participate in zoning amendments, review conditional uses, and undertake other roles as established in Section 1102.04(b).
Nonconforming Site Condition
A site improvement that was legally established, but no longer conforms to the parking, landscaping, architectural, or other design standards for the site exclusive of the lot area, lot width, or other site development standards established in this code. See also "lot, nonconforming".
Nonconformity, Legal
Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of this ordinance or its amendments, which do not conform to the regulations of the applicable zoning district, and are therefore incompatible. See also the definitions for "use, nonconforming," "lot, nonconforming," "building, nonconforming," "nonconforming site condition," and "structure, nonconforming."
Nudity, Nude, or State of Nudity
The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
Nursery Schools and Day Care Centers
A facility administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any portion of the twenty-four (24) hour day in a building other than the child's own home. This use may include, but is not limited to, after school programs, office day care centers and principal structures used for only day care/nursery school programs. This term may also include adult day care centers where persons other than children, family members, or guardians care for an adult for a portion of a twenty-four (24)-hour day in a building other than the adult's home.
Occupant
A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.
Off-Street Parking
For the purpose of this Zoning Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way. Off-street parking spaces shall be considered a part of vehicular use areas.
Open Space
An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, any other recreational facilities that the zoning commission deems permissive. Streets, parking area, structures for habitation, and the like shall not be included.
Operator (Small-Cell Facility)
A wireless service provider, cable operator, or a video service provider that operates a Small Cell Facility and provides wireless service. Operator includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(2), and services that are fixed in nature or use unlicensed spectrum.
Outdoor Dining
Areas on sidewalks (public or private), patios, or other unenclosed areas, excluding vehicular use areas, that are designated for outdoor seating where patrons may be served food and beverage for on-site dining.
Outdoor Display, Storage, and Sales
The placement of products or materials for sale or storage outside of a retail or wholesale sales establishment.
Outdoor Drop-Off Boxes
Small collection facilities where recyclable materials, clothing, or household goods are accepted from the public (e.g., neighborhood recycling stations and thrift store collection boxes).
Outdoor Lighting
Any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility. See Section 1109.02.
Owner
Any individual, firm, association, syndicate, co-partnership corporation, trust or any other legal entity, having legal title to or sufficient proprietary interest in the land.
Parking Aisle
The driveway or access drive by which a vehicle enters and departs a parking space.
Parking Area
An area designed for the parking of vehicles that includes parking spaces and any driveways or access drives specifically related to the parking spaces.
Parking Lot
An outdoor area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area.
Parking Lot or Garage
An outdoor area or structure that contains marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking.
Parking Space
A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.
Passive Parks, Open Space, and Natural Area
Any park or recreational facility where there is no grading of the land, and no construction of facilities, lighting, or development of ball fields, with the exception that such passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks.
Patio
An unenclosed outdoor hard-surfaced area that is no higher than eighteen (18) inches above the ground. If a pergola or other roof structure is attached to the principal building and extends over the patio, then the patio and roofing shall be considered a porch.
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Figure 1117-I: Illustrative example of a patio.
Pennants
A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind.
Performance Standard
A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings. See Section 1109.03.
Permanent Supportive Housing
Community-based, long-term housing and supportive services, as appropriate, for homeless individuals with disabilities.
Permanently Sited Manufactured Home
A building unit or assembly of closed construction as defined in the ORC and permitted where single-family dwellings are allowed.
Permittee (Small-Cell Facility)
means the owner and/or Operator issued a Small Cell Permit pursuant to these Chapter and the Design Guidelines.
Person
Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or State agency within Ohio, the federal government, or any combination thereof. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district or state community college. Agency does not include the general assembly, the controlling board, the adjutant general's department, or any court.
Personal Care
Personal care means the provision of personal services, such as help in walking and getting in and out of bed; assistance with bathing, dressing, and feeding; preparation of a special diet; and supervision over medications which can be self-administered.
Personal Services
Establishments that are primarily engaged in providing services generally involving the care of the person or person's possessions. Personal services may include, but are not limited to, laundry and dry-cleaning pick-up and drop-off, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.
Personal Wireless Services (Cellular or Wireless)
Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including the cellular services.
Pick-Up Window
Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers who walk-up to the window or door during such business transactions. There shall be no direct vehicular access to the pick-up window.
Place of Worship
A religious institution where a congregation of any denomination regularly participates in or holds religious services, meetings and other activities, including buildings in which the religious services are held and which may include accessory indoor uses such as, but not limited to, day care or educational institution facilities.
Planned Development
A development that is planned for a single use, or to integrate a variety of uses into a comprehensive development, in which lot size, setback lines, yard areas, and building types may be varied and modified to achieve particular design objectives and make provision for open spaces, common areas, utilities, public improvements, and collateral uses. For the purposes of this code, Planned Developments are developments approved prior to the effective date of this amendment. See Chapter 1107: Planned Development Districts.
Plat
A map graphically indicating a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots, blocks, streets, alleys, public areas, and other dimensions of land.
Plat, Final
The final map of all or a portion of the subdivision which is presented to the MPC and City Council for final approvals in accordance with this code, and which, if approved, shall be filed with the proper county recording officer. May also be referred to as the "final subdivision plat."
Plat, Preliminary
A plat of all parts of a subdivision prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary and water service, and other information for preliminary approval by the MPC in accordance with Section 1103.10. May also be referred to as the "preliminary subdivision plat."
Playsets, Treehouses and Trampolines
Recreational equipment for children that may include, but is not limited to, swings, slides, monkey bars, and play enclosures.
PMEO
The Property Maintenance Enforcement Officer
Porch
An unenclosed area with a roof that is attached to a building but not used for livable space. A porch also includes paved areas without a roof if the surface area is higher than eighteen (18) inches above the adjacent grade (e.g., stoops).
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Figure 1117-J: Examples of a front porch (left) and back porch (right).
Preservation (Historic Preservation)
The process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
Property owners' Association
A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, private roads, or other such facilities.
Public Hearing
A public hearing is where a decision-making board (City Council, MPC, or BZA) holds a special review of an application where specific notice is provided to the public and the public is afforded an opportunity to speak and be heard. Public hearings take place during a public meeting of the applicable decision-making body.
Public Improvements
See definition of "improvements."
Public Meeting
A public meeting is a prearranged gathering of a majority of the members of a public body (City Council, MPC, or BZA) for the purpose of discussing public business. Public meetings are subject to the Open Meetings Act of Ohio. Both public hearings and adjudication hearings, as defined and addressed in this code, can only take place at a public meeting.
Public Utility Building or Facility
Structures and land used for storage, transmission, or recovery facility for water, sewerage, telephone, electric or gas and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission (PUCO). Such uses may also include salt storage or other outdoor activities necessary for the efficient operations of the local, state, or federal government.
Raceway or Wireway
An elongated metal enclosure used to mount individual channel lettering and to conceal related transformers and wiring.
Railyards and Rail Service
Land used for the placement of rail lines, beyond the main tracks of transport, for the purpose of loading or unloading rail cars, repairing rail cars, restructuring trains, and other services related to rail activity.
Raising of Livestock
The raising, caring, and feeding of certain livestock animals, as established in Section 1108.01.
Recreational Courts
An area of a yard that is permanently improved and surfaced for the recreational use of the property owner for games such as tennis, pickleball, basketball, racquetball, and similar sports or games.
Recycling Center
An establishment engaged in the processing, collection and transfer of recyclable materials. Typical recyclable materials include: glass, paper, plastic, cans, motor oil, or other source-separated, non-decayable materials.
Research and Development Facility
An establishment or facility 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. Such establishment shall not include the manufacturing or assembly of products beyond the development of prototype systems or products. All activities shall take place within an enclosed building.
Residential Community Center
A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development with which the use is associated and that may be privately owned or jointly owned by property owners.
Residential Facility, Large
Any residential facility meant as a permanent residence for persons, licensed by the State of Ohio, designed to allow not more than sixteen (16) persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate living activity in a non-institutional environment as regulated by Chapters 5119, 5120 and 5123 of the Ohio Revised Code and as further defined in Section 1105.04(e).
Residential Facility, Small
Any residential facility meant as a permanent residence for persons, licensed by the State of Ohio, designed to allow not more than eight (8) persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate living activity in a non-institutional environment as regulated by Chapters 5119, 5120 and 5123 of the Ohio Revised Code and as further defined in Section 1105.04(f).
Restaurant
An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings, to be consumed within the building or as take-away but shall not be served through a drive-through facility or to customers waiting in their vehicles for consumption on the premises. Such uses may or may not include an accessory drive-in or drive-through as allowed in this code.
Retail Business
Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A retail business use includes, but is not be limited to such activities as: supermarkets; stores that sell electronics, hardware, apparel, footwear, appliances, furniture, department stores, and discount stores.
Retail Commercial Uses
For the purposes of accessory uses, this term shall mean "retail businesses" that are accessory to the principal use.
Right-of-Way
A strip of land taken or dedicated for use as a public way.
• In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
• A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, crosswalk, railroad, electric transmission lines, oil or gas pipeline, water line, sanitary storm sewer and other similar uses.
• Generally, the right of one to pass over the property of another.
Road or Roadway
See definition of "street."
Roof Line
Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. In regards to sign placement, where a building has several roof levels, the pertinent roofline or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
Safety Service Director (SSD)
The position established under Chapter 129 of the City's Codified Ordinances for the purposes of carrying out the intent of these regulations.
Satellite Dishes
A parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.
Screening
A method of visually shielding or obscuring a structure, parking, mechanical equipment, refuse collection center or incompatible land use, from another and from public view by fencing, walls, beams or densely planted vegetation.
Self-Storage Facility
A building that contains varying sizes of individual, compartmentalized, or controlled-access stalls, lockers, or buildings for the dead storage of a customer's goods or wares where the access to such stalls or lockers can occur within the inside of the building or from the exterior of the building, The use may include outdoor storage of vehicles. Self-storage facilities shall also include buildings used for storage of personal or business items, regardless of commercial purposes, where such storage exceeds 40 percent of the total floor area of the building.
Semi-Nudity or Semi-Nude Condition
A state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
Setback
Setback means the required minimum horizontal distance between a lot line or the proposed right-of-way, whichever is more restrictive and a building, surface parking lot or structure as established by this code.
Setback Line
A line established by this code generally parallel with and measured from the lot line or the right-of-way, whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare line, except as may be provided in this code. For example, a front yard setback line is the line formed by applying the minimum front yard setback from any applicable front lot lines.
Setback, Building
The setback required from any right-of-way and the principal or accessory building as established in this code.
Setback, Front
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the front lot line. See Section 1105.05(c).
Setback, Rear
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the rear lot line. See Section 1105.05(c).
Setback, Side
The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and a lot line that is shared with another lot where such lot line is defined as a side lot line. See Section 1105.05(c).
Shade Tree Commission
The established three-member commission regulated under Chapter 141.01 of the City's Codified Ordinances.
Short-Term Rental
An accommodation for transient guests where, in exchange for compensation, a residential dwelling unit, or part thereof, is provided for lodging for a period of time not to exceed thirty (30) consecutive days. See also the definition of "bed and breakfasts" and "hotel."
Shrub
A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than fifteen (15) feet in height.
Sidewalk
That portion of the road right-of-way, easement, or private property that is improved for the use of pedestrian traffic by the general public.
Sign
Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
Sign Area
The entire display area of a sign including the advertising surface located on one (1) or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Section 1113.05.
Sign Copy
Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign.
Sign Face
The surface of the sign upon, against or through which the message of the sign is exhibited.
Sign Height
The vertical distance of a sign, from top to bottom, as measured in accordance with Section 1113.05.
Sign Structure
Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
Sign, A-Frame
A freestanding sidewalk sign which is ordinarily in the shape of an "A" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-frame signs.
Sign, Animated
Any sign or part of a sign that changes physical position by any movement or rotation or that gives the visual impression of such movement.
Sign, Awning
A permanent sign painted on, printed on or attached flat against the surface of an awning.
Sign, Balloon
A sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for "Air-Activated Graphic."
Sign, Banner
A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner sign is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a temporary "yard sign."
Sign, Building
Any permanent sign attached to any part of a building including awning, canopy, marquee, projecting, window, or wall signs.
Sign, Canopy
A permanent sign attached to the soffit or fascia of a canopy of a covered entrance or walkway, or to a permanent awning or marquee.
Sign, Changeable Copy
A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. See also the definition of "sign, manual changeable copy" and "electronic message center."
Sign, Driveway
A small permanent sign located near driveway access points and/or at the intersection of internal access drives.
Sign, Feather
A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
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
Any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building or other structure.
Sign, Ground
A permanent freestanding sign, not attached to a building, that is placed upon or supported by the ground independently of any other structure. Ground signs are mounted on one or two (2) poles or posts where the poles or posts have a height of less than two (2) feet.
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Figure 1117-K: The above images provide examples of two ground signs.
Sign, Illuminated
Any sign which has characters, letters, figures, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.
Sign, Manual Changeable Copy
A changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as readerboards.
Sign, Monument
A permanent freestanding sign, not attached to a building, that is placed upon or supported by the ground independently of any other structure. Monument signs are mounted on a base or pedestal structure that has a width that is at least equal to or exceed seventy-five percent 75%) of the sign area width.
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Figure 1117-L: The above image provides an example of two monument signs.
Sign, Nonconforming
Any sign which was erected legally prior to the adoption of this code, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
Sign, On-Premises
A sign directing attention to a use, product, commodity or service that is sold or provided on the same lot where the sign is located.
Sign, Permanent
A sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground and that is constructed of rigid, non-flexible materials.
Sign, Projecting
A permanent sign that is affixed perpendicular to a building or wall and extends more than eighteen (18) inches beyond the face of such building or wall.
Sign, Roof
Any sign erected on a roof.
Sign, Sidewalk
A temporary sign that may be placed outside, during business hours, in accordance with this code and all other applicable ordinances and resolutions. See definition of "sign, T-frame" and "sign, A-frame."
Sign, Temporary
A sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display.
Sign, T-Frame
A temporary sidewalk sign which is ordinarily in the shape of an upside down "T" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition for A-frame signs.
Sign, Wall
A permanent sign attached directly to an exterior wall of a building and which does not extend more than eighteen (18) inches from nor above the roof line or beyond the limits of the outside wall, with the exposed face of the sign in a plane parallel to the building wall. Murals and other painted signs are considered wall signs pursuant to this section.
Sign, Window
Any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building.
Sign, Yard
Any temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building.
Skilled Nursing
Those nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge, and skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions, and prescriptions of the attending physician or surgeon.
Skilled Nursing or Personal Care Facility
A long-term or short-term in-patient care facility that provides skilled nursing services or personal care in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as "hospitals" or "residential facility."
Small Cell Facility (Small-Cell Facility)
A wireless facility that meets both of the following requirements:
• Each Antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an Antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six (6) cubic feet in volume.
• All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.
Small Cell Permit (Small-Cell Facility)
The non-exclusive grant of authority issued by the City of Mount Vernon to install a small cell facility and/or a wireless support structure in a portion of the right-of-way in accordance with these guidelines.
Small-Scale Planned Housing Development
A small-scale residential development that requires a conditional use review to accommodate alternative housing types and forms within existing neighborhoods. See Section 1105.04(c).
Solar Panels
The equipment and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun's energy in building design and construction components; solar thermal energy systems that convert sunlight to heat as in a hot water tank or swimming pool; and photovoltaic solar energy systems that convert sunlight to electricity.
Specified Anatomical Areas
• The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
• Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
Specified Sexual Activities
Specified sexual activities means any of the following:
• The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
• Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
• Excretory functions as part of or in connection with any of the activities set forth in Section 1105.04(r).
SSD
Safety Service Director
Stacking Space
A portion of the vehicular use area on a site that is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development.
Story
That portion of a building included between the surface of any floor and the surface of the floor next above it; or, if there is no floor above it, then the space between the floor and the ceiling next above it.
• "First story" means the lowest story or the ground story of any building, the floor of which is less than four (4) feet below the average contact ground level at the exterior walls of the building.
• "Half story" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are less than four (4) feet above the floor of such story.
Streamer
A ribbon-shaped or cord-like rope which may have pennants and/or banners attached, and which is stretched or hung between two (2) or more supports.
Street
A right-of-way dedicated or deeded and accepted for public use, which provides for vehicular and pedestrian traffic. A street will typically include:
• The paved area, or cartway, principally for use by motorized vehicles, and usually bordered with curbs and gutter;
• A sidewalk between the paved area and right-of-way line principally for use by pedestrians; and
• A landscaped area between the sidewalk and paved area which is often called a "treelawn".
Street Primary
A street or road of great continuity which serves or is intended to serve as a major traffic way within the City, County or both and is designated in the master plan as a limited access highway, major thoroughfare, parkway or other equivalent term to identify those streets comprising the basic structure of the street plan.
Street, Arterial
A public street that is typically considered a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
Street, Collector
A street which carries or is expected to carry large amounts of vehicular traffic whose origin or destination is not primarily in abutting properties. Collector streets are intended to provide access to neighborhoods or sub- neighborhoods and to carry traffic from minor streets to the arterial street system, including the principal entrance and circulation routes within a residential subdivision.
Street, Cul-de-Sac
A short street having one open end to traffic and the other end permanently terminated by a vehicle turnaround.
Street, Dead-End
A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
Street, Marginal Access
A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Marginal access streets are often referred to as frontage streets or frontage drives.
Street, Minor
A street designed primarily for providing access to residential, commercial or other abutting property through driveways or other access points.
Street, Private
An area set aside to provide access for vehicular traffic within a development that is not dedicated or intended to be dedicated to the City and that is not maintained by the City.
Street, Public
A street that has been dedicated or deeded to the public for public use and which affords principal access to abutting property.
Street, Secondary
A street or road of considerable continuity which serves or is intended to serve as the principal traffic way between large and separated areas or districts and which is the main means of access to the main thoroughfare system of primary streets.
Structure
That which is constructed on or under the ground or attached or connected thereto, including but not limited to: buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks; and excluding trailers and other vehicles whether on wheels or other supports.
Structure, Accessory
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
Structure, Nonconforming
A structure or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and which does not conform to the provisions of the code in the district in which it is located.
Structure, Temporary
A structure permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A temporary structure is without a foundation or footing.
Subdivider
Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this code to affect a subdivision of land hereunder for himself or for another.
Subdivision
The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups of structures, not involving the division, combination, alteration, or allocation of land for the opening, widening or extension of any street or streets, and the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities, shall be exempted.
Subdivision Modification
Subdivision, Major
A subdivision that is not classified as a minor subdivision.
Subdivision, Minor
A division of a parcel of land along an existing street not involving the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided. See further distinction in Section 1103.09.
Swimming Pools, Wading Pools, and Hot Tubs
Any pool, lake, or open tank, primarily used for swimming or wading, not located within a completely enclosed building and as further defined in Section 1108.01(g)(19).
Temporary Sales Office or Model Home
A dwelling unit temporarily converted into a sales and display office or a temporary sales office established in a development or subdivision for the purpose of providing an example of the units in the development.
Theater
Any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances. Such use may include a lobby area and refreshment stand for the patrons.
Transitional Housing
Housing and supportive services provided to homeless individuals and families, for no longer than twenty-four (24) months, to enable them to obtain and maintain independent, permanent housing.
Tree
A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of fifteen (15) feet or more in Knox County, Ohio, as applicable.
Tree Lawn
The City right-of-way between the back side of the curb or edge of pavement and the street side of the sidewalk or front property line.
Tree, Canopy
A tree that has an expected height at maturity greater than forty (40) feet and which produces significant shade because it has a crown that is oval, round, vase-shaped, or umbrella-shaped.
Tree, Deciduous
Generally, a tree that loses all of its leaves for part of the year. Sometimes called a broad-leaf tree or a hardwood tree.
Tree, Evergreen
A tree that remains green throughout the year.
Tree, Major
A living tree with a trunk diameter of at least six (6) inches, measured at a point four and one-half (4.5) feet above the existing grade at the base of the tree.
Truck Terminal
The use of property or buildings for a business establishment that is primarily related to the distribution of goods and merchandise and/or the temporary parking of motor freight vehicles or trucks during loading and unloading, and between trips. While truck terminals may include necessary warehouse space for storage or transitory freight, such storage shall be short-term (thirty (30) days or less). Truck terminals may include building facades that are occupied entirely or partially by loading docks and garages for access by trucks.
Type-B Day Care Homes
A permanent residence of the provider in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the Type B Home shall be counted. A Type B Home does not include a residence in which the needs of children are administered, 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.
Use
Any purpose for which a lot, building, or other structure, or a tract of land may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
Use, Accessory
A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
Use, Conditional
A use which may be appropriate or desirable in a specified zoning district, but requires special approval through the conditional use approval process (See Section 1103.06.) because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.
Use, Nonconforming
Any building or land lawfully occupied by a use that was in accordance with the zoning regulations, if any, in existence when the use commenced and which, through subsequent enactments or changes of zoning regulations either prior to the passage of this code or by the passage of this code or amendments thereto, does not conform or did not conform thereafter with the use regulations of the district in which it is situated.
Use, Permitted
A use which is permitted in a specified zoning district through either a zoning permit or review, as may be applicable.
Use, Permitted with Standards
A use which is permitted in a specified zoning district through either a zoning permit or review, as may be applicable, provide such use meets the additional use-specific standards set forth in this code.
Use, Principal or Main
The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted, permitted with standards, or conditionally permitted.
Use, Temporary
A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. See Section 1108.02.
Utility Pole (Small-Cell Facility)
A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and Decorative poles.
Variance
A modification of the strict terms of these regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these regulations would result in a practical difficulty. See Section 1103.07.
Vehicle
Every device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices other than bicycles moved by human power. Where a vehicle type is not specifically defined in this code, such vehicle shall be considered as defined by the Ohio Revised Code.
Vehicle Sales and Leasing
Any building or land where new or used passenger cars, pick-up trucks, motorcycles, boats, trailers, and other recreational vehicles, in operational condition, are sold or leased to customers.
Vehicle Washing Establishments
The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. This shall include establishments that provide car detailing services.
Vehicle, Fleet
Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.
Vehicle, Recreational
A vehicular type portable structure without permanent foundation, which can be towed, hauled or driven and primarily designed as temporary living accommodation for recreational, camping and travel use and including but not limited to travel trailers, truck campers, camping trailers and self-propelled motor homes.
Vehicular Use Area
The entire paved area that encompasses all parking spaces, loading areas, stacking spaces, and the access drives that provide access to those spaces but that does not include the entry drive or driveway with no direct access to a parking space, stacking space, or loading space. For residential uses, the vehicular use area shall include the driveway, garage, and any other parking areas.
Violation
The failure of a structure or other development to be fully compliant with the regulations of this code.
Walkway
See definition of "sidewalk."
Wall
An architectural partition with a height and length greater than its thickness; used to divide or enclose an area or to support another structure.
Wall, Retaining
A retaining wall is a structure that holds back soil or rock from a building, structure or area. Retaining walls prevent downslope movement or erosion and provide support for vertical or near-vertical grade changes.
Warehouse
A business establishment primarily engaged in the long-term storage (over thirty (30) days) of goods and merchandise within a single building (not individual compartments) that may contain, loading and unloading docks. Warehouses shall not include any building facade that is contain loading docks or garages that occupy more than forty percent (40%) of the facade width. See also "self-storage facilities" or "truck terminals."
Wholesale Establishment
An establishment or place of business primarily engaged in selling merchandise to retailers, including associated showrooms and warehousing; to industrial, commercial, institutions, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
Windblown Devices
Objects and signs designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical, or any other means and may include, but are not limited to pennants, ribbons, streamers, spinners, or similar objects.
Wireless Facility (Small-Cell Facility)
Equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following:
• Equipment associated with wireless communications;
• Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.
The term does not include any of the following:
• The structure or improvements on, under, or within which the equipment is collocated; or
• Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.
Wireless Support Structure (Small-Cell Facility)
A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen (15)-foot or taller sign pole, or utility pole capable of supporting small cell facilities. wireless support structure excludes:
• A utility pole or other facility owned or operated by a municipal electric utility; and
• A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars and trolley buses.
Wireline Backhaul Facility (Small-Cell Facility)
A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire.
Yard
An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code. See Section 1105.05(c) for rules of measurement and determination for all yard types.
Yard, Front
Unless otherwise stated in Section 1105.05(c), a front yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
Yard, Rear
Unless otherwise stated in Section 1105.05(c), a rear yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
Yard, Side
Unless otherwise stated in Section 1105.05(c), a side yard is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
ZEO
The Zoning Enforcement Officer
Zoning District
An area within the City limits for which the regulations and requirements governing use are uniform as defined by Chapter 1104: Establishment of Zoning Districts.
Zoning District, Base
The base zoning district is the zoning district established for each property that includes any of the residential and nonresidential zoning districts established in this code.
Zoning District, Nonresidential
The term "nonresidential zoning district" shall include the NC, CB, GB, OB, LI, GI, and PI Districts, regardless if residential uses are permitted.
Zoning District, Overlay
A special secondary zoning district that lies over an underlying base zoning district. Such overlay district provides development control which alters some of the base zoning district regulations.
Zoning District, Residential
The term "residential zoning district" shall include the RR, ER, R-1, R-1A, R-2, R-3, R-4, and R-MH Districts.
Zoning Enforcement Officer
The Zoning Enforcement Officer for the City of Mount Vernon, Ohio. The individual designated by the Mayor to administer and enforce this code, unless otherwise stated.
Zoning Map
An accurate map depicting the City of Mount Vernon, Ohio, and indicating the official boundaries of the zoning districts established by this code. See Section 1104.02.
Zoning Permit Approval
A permit issued by the ZEO stating that a proposed development or activity complies with this code as established in Section 1103.08.
(Ord. 2024-032. Passed 7-22-24.)
CODIFIED ORDINANCES OF MOUNT VERNON