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Rittman City Zoning Code

CHAPTER 1155

DEFINITIONS

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REFERENCES

Cross reference— Subdivision definitions - see P. & Z. Ch. 1115

Cross reference— Minimum housing definitions - see BLDG. 1321.02

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1155.01 - Interpretation; rules of construction.

For the purpose of this Zoning Code, certain terms and words are hereby defined. Words used in the present tense include the future; words in the singular number include the plural, and words in the plural number include the singular and use of any gender shall be applicable to all genders; "shall" is mandatory and not directory; "building" includes "structures"; and "lot" includes "plot".

(Ord. 4631. Passed 4-24-67.)

1155.02 - Accessory building or use.

"Accessory building or use" means a subordinate building or a portion of the main building, the use of which is incidental to that of the dominant main building or land. An accessory use is one which is incidental to the main use of the premises.

(Ord. 4631. Passed 4-24-67.)

1155.03 - Agriculture.

"Agriculture" means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use is secondary to that of the normal agricultural activities, and provided that the uses do not include the commercial feeding of garbage or offals to swine or other animals. A use shall be classified as agricultural only if it is the principal or main use of the land. Such use shall also include the necessary housing for animals and poultry.

(Ord. 4631. Passed 4-24-67.)

1155.04 - Alley.

"Alley" means a public way other than a street which affords only secondary means of access to a property abutting thereon.

(Ord. 4631. Passed 4-24-67.)

1155.05 - Apartment house.

"Apartment house", see multiple-dwelling defined in Section 1155.20.

(Ord. 4631. Passed 4-24-67.)

1155.06 - Automobile trailer camp.

"Automobile trailer camp" means an area providing spaces where ten (10) or more mobile homes or trailers may be parked.

(Ord. 4631. Passed 4-24-67.)

1155.07 - Basement.

"Basement" means a story having a part but not more than one-half of its height below grade. A basement is counted as a story for the purposes of height regulations.

(Ord. 4631. Passed 4-24-67.)

1155.08 - Basement house.

"Basement house" means a basement or cellar only which is designed for living purposes without an additional story or stories.

(Ord. 4631. Passed 4-24-67.)

1155.09 - Boarding house.

"Boarding house" means a building other than a hotel where, for compensation by the week or month, meals or lodging and meals are provided for three (3) but not more than twenty (20) persons.

(Ord. 4631. Passed 4-24-67.)

1155.10 - Building.

"Building" means any structure designed or built for the support, enclosure, shelter or protection of persons, animals, chattels or property of any kind.

1155.11 - Building height.

"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge of gable, hip and gambrel roof.

(Ord. 4631. Passed 4-24-67.)

1155.12 - Building line.

"Building line" means the rear line of the front yard along a street frontage.

(Ord. 4631. Passed 4-24-67.)

1155.13 - Corner lot.

"Corner lot" means a lot at the intersection of, and abutting on, two (2) streets not less than twenty-six (26) feet in width.

(Ord. 4631. Passed 4-24-67.)

1155.131 - Containers.

"Containers" means a shipping container, pod or portable storage container, a standardized, reusable device for transporting or storing cargo that is capable of integrating with a transportation unit.

(Ord. 8052. Passed 5-14-18.)

1155.14 - Cellar.

"Cellar" means a story having more than one-half of its height below grade. A cellar is not counted as a story for purposes of height regulations.

(Ord. 4631. Passed 4-24-67.)

1155.15 - Commission.

"Commission" means the City Planning Commission.

(Ord. 4631. Passed 4-24-67.)

1155.16 - District.

"District" means any section of the City of Rittman within which the zoning regulations are uniform.

(Ord. 4631. Passed 4-24-67.)

1155.17 - Dwelling.

"Dwelling" means any building or portion thereof which is designed or used exclusively for residence purposes. An attached garage for purposes of determining the front, side and rear yards, shall be a part of a dwelling.

(Ord. 4631. Passed 4-24-67.)

1155.18 - Dwelling, one-family.

A "one-family dwelling" means a building designed for exclusive occupancy by one (1) family or occupied exclusively by one (1) family.

(Ord. 4631. Passed 4-24-67.)

1155.19 - Dwelling, two-family.

A "two-family dwelling" means a building designed for exclusive occupancy by two (2) families or occupied exclusively by two (2) families.

(Ord. 4631. Passed 4-24-67.)

1155.20 - Dwelling, multiple.

"Multiple-dwelling" means a building designed for or occupied exclusively by three (3) or more families.

(Ord. 4631. Passed 4-24-67.)

1155.21 - Family.

"Family" means one or more persons occupying a dwelling and living as a household unit. ;nh0; (Ord. 4631. Passed 4-24-67.)

1155.22 - Frontage.

"Frontage" means all the property on one (1) side of a street between two (2) intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all the property abutting on one (1) side between an intersecting street and the dead end of a street.

(Ord. 4631. Passed 4-24-67.)

1155.23 - Fronting.

"Fronting" means bordering on one (1) street in the sense of affording principal access.

(Ord. 4631. Passed 4-24-67.)

1155.24 - Garage, private.

A "private garage" means an accessory building housing not more than four (4) motor-driven vehicles, the property of and for the use of the occupant of the lot on which the private garage is located.

(Ord. 4631. Passed 4-24-67.)

1155.25 - Garage, repair shop.

"Repair shop garage" means a building or portion of a building in which minor structural repairs are made to motor vehicles and in which the painting of cars and body and fender work is only incidental.

(Ord. 4631. Passed 4-24-67.)

1155.26 - Gasoline service station.

"Gasoline service station" means a building or part of a building or structure or space for the retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs not accompanied by objectionable noises, fumes, dust or odors.

(Ord. 4631. Passed 4-24-67.)

1155.27 - Grade.

"Grade" means:

(a)

For a building having walls adjoining one (1) street only, the elevation of the sidewalk at the center of the walk adjoining the street;

(b)

For a building having walls adjoining more than one (1) street, the average of the elevations of all walls adjoining such streets;

(c)

For a building having no wall adjoining a street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

(Ord. 4631. Passed 4-24-67.)

1155.28 - Home occupation.

"Home occupation" means any occupation or activity which is clearly incidental and secondary to use of the premises for dwelling purposes and which is carried on wholly within the main building or accessory building by a member of the family residing on the premises, in connection with which there is no advertising other than identification sign of not more than two (2) square feet in area and no other display or storage materials or exterior identification of such home occupation or variation from the residential character of the main building or accessory building; and in connection with which no person outside the family is employed and no equipment used which creates offensive noise, vibration, smoke, dust, odor, heat or glare. A home occupation does not include, among other uses, animal hospitals, beauty culture schools, beauty parlors, barber shops, clinics, construction company facilities, doctor or dentist offices for the treatment of patients, hospitals, kennels, tourist homes and veterinarian offices. Home occupations, where permitted, shall not occupy more than twenty-five (25) percent of the floor area of only one (1) story of a family dwelling unit.

(Ord. 4631. Passed 4-24-67.)

1155.29 - Industry.

"Industry" means occupations involved in manufacture, production or conversion of materials into articles of use.

(Ord. 4631. Passed 4-24-67.)

1155.30 - Junk yard.

"Junk yard" means any area where waste, discarded or salvage materials are bought, sold, exchanged, baled or packed, disassembled or handled, including house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not areas where such uses are conducted entirely within a completely enclosed building.

(Ord. 4631. Passed 4-24-67.)

1155.31 - Lodging house.

"Lodging house" means a building where lodging only is provided for compensation for three (3) or more, but not more than twenty (20) persons and where table board may or may not be furnished.

(Ord. 4631. Passed 4-24-67.)

1155.32 - Lot.

"Lot" means land occupied or intended for occupancy by a use permitted in this Zoning Code, including one (1) main building together with its accessory buildings, and the yards, loading and parking spaces required in this Zoning Code, and having its principal frontage upon a street. A lot shall be recorded in the office of the County Recorder before it shall be recognized for purposes of this Zoning Code.

(Ord. 4631. Passed 4-24-67.)

1155.33 - Lot depth.

"Lot depth" means the mean horizontal distance between the front and rear lot lines.

(Ord. 4621. Passed 4-24-67.)

1155.34 - Lot width.

"Lot width" means the distance between the side lot lines measured along a building setback line when one is required in this Zoning Code and otherwise along street lines, except, however, in the case of an irregularly shaped lot, the width of a lot shall be the average of the greatest and least differences between the side lot lines.

(Ord. 4631. Passed 4-24-67.)

1155.35 - Mobile home.

"Mobile home" means a single-family dwelling designed for transportation, after fabrication, on streets and highways on its own wheels or flatbed or other trailers, and which arrives at the site where it is to be occupied as a dwelling complete and ready for occupancy, except for minor and incidental unpackaging and assembling operations, location on jacks or another foundation, connection to utilities and the like.

(Ord. 4631. Passed 4-24-67.)

1155.36 - Motel.

"Motel" means a building or group of buildings used primarily for the temporary' residence of motorists or travelers.

(Ord. 4631. Passed 4-24-67.)

1155.37 - Nonconforming use.

"Nonconforming use" means any building or land lawfully occupied by a use at the time of the passage of Ordinance 4631 (April 24, 1967) or amendment thereto which does not conform after the passage of Ordinance 4631 (April 24, 1967) or amendment thereto with the regulations of the district in which it is situated.

(Ord. 4631. Passed 4-24-67.)

1155.38 - Nursing, rest or convalescent home.

"Nursing", "rest" or "convalescent home" means a home for the aged or infirm in which three (3) or more persons not of the immediate family are received, kept or provided with food and shelter or care for compensation, but not hospitals, clinics or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.

(Ord. 4631. Passed 4-24-67.)

1155.39 - Outdoor advertising.

"Outdoor advertising" means any card, cloth, paper, metal, painted surface, glass, wooden, plaster, stone or other sign of any kind, placed for outdoor advertising purposes on the ground or on any tree, wall, bush, rock, post, fence, building, structure or other thing. "Placed" as used in this definition of "outdoor advertising" includes erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved or otherwise fastened, affixed or made visible in any manner.

(Ord. 4631. Passed 4-24-67.)

1155.40 - Parking area.

"Parking area" means an open, unoccupied space used or required for use for parking vehicles exclusively and in which no gasoline or vehicular accessories are sold or no other business is conducted and no fees are charged.

(Ord. 4631. Passed 4-24-67.)

1155.41 - Parking space.

"Parking space", means a surfaced area, enclosed or unenclosed, having an area of not less than one hundred eighty (180) square feet, exclusive of driveways, permanently reserved for the temporary storage of one vehicle and connected with the street or alley by a surfaced driveway which affords ingress and egress for vehicles.

(Ord. 4631. Passed 4-24-67.)

1155.42 - Premises.

"Premises" means a lot, together with all buildings and structures existing thereon.

(Ord. 4631. Passed 4-24-67.)

1155.43 - Public notice.

"Public notice" of hearing means notice of the time and place of a hearing published for three (3) consecutive weeks in a newspaper of general circulation in the City. The date of hearing shall be not less than thirty (30) days after the first publication of the notice. The proposed ordinance and/or amendments and maps shall be on file in the office of the Clerk of Council during that period of thirty (30) days.

(Ord. 4631. Passed 4-24-67.)

1155.44 - Residence.

"Residence" is the general term implying place of human habitation and includes single-family dwelling, two-family dwelling and multiple family dwelling district classifications.

(Ord. 4631. Passed 4-24-67.)

1155.45 - Roadside stand.

"Roadside stand" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales. A nonilluminated sign not to exceed six (6) square feet in area may be used to advertise such products.

(Ord. 4631. Passed 4-24-67.)

1155.46 - Sign.

"Sign" means a presentation of a representation by letters, figures, designs, devices, pictures, emblems, insignia, numbers, lines or colors displayed so as to be visible to the public for the purpose of making anything known or attracting attention. This definition does not include temporary merchandise signs within store windows.

(Ord. 4631. Passed 4-24-67.)

1155.47 - Story.

"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

(Ord. 4631. Passed 4-24-67.)

1155.48 - Story, half.

"Half story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (⅔) of the floor area is finished off for use.

(Ord. 4631. Passed 4-24-67.)

1155.49 - Street.

"Street" means a public or private thoroughfare which affords the principal means of access to abutting property.

(Ord. 6916. Passed 7-22-98.)

1155.50 - Street line.

"Street line" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street line then becomes the inside line of land reserved for street purposes.

(Ord. 4631. Passed 4-24-67.)

1155.51 - Structure.

"Structure" means anything constructed or erected, the use of which requires a location on the ground, or attached to something having a location on the ground, except mobile homes, trailers, boats, busses or trucks as hereinafter provided, including, without limitation, advertising signs, billboards, backstops for tennis courts, fences, etc. It also includes any unoccupied mobile home, house trailer, travel trailer, camping trailer or boat with living quarters which are an integral part of such units; an unoccupied bus or truck with a living unit mounted or built thereon or therein; or the living unit itself, if any of the mobile homes, trailers, boats, busses or trucks remain on the premises for a period of more than two (2) weeks. The temporary removal of a trailer, boat, bus or truck from the premises shall not stop the running of the two-week period.

(Ord. 4702. Passed 10-14-68.)

1155.52 - Structural alteration.

"Structural alteration" means any change in the supporting members of a building such as bearing walls, columns, beams or girders.

(Ord. 4631. Passed 4-24-67.)

1155.53 - Trailer.

"Trailer" means any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than twenty-five (25) miles per hour. "Trailer" does not include a manufactured home or travel trailer.

(Ord. 7288. Passed 9-27-04.)

1155.54 - Utility trailer.

"Utility trailer" means any trailer, except a travel trailer or trailer for transporting watercraft, having a gross weight of less than four thousand (4,000) pounds.

(Ord. 7288. Passed 9-27-04.)

1155.55 - Use.

"Use" means application of premises or building to a particular purpose.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.56 - Vision barrier.

A "vision barrier" means either a fence or hedge or any other contrivance which is not unpleasing to the eye and which completely blocks off the view of the premises beyond during all seasons of the year.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.57 - Yard.

"Yard" means 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 herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the mean horizontal distance between the lot lines and the main building shall be used.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.58 - Yard, front.

"Front yard" means a yard extending across the front of a lot between side yard lines and being the minimum horizontal distance between the street line and the main building or projection thereof.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.59 - Yard, rear.

"Rear yard" means a yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any projection other than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be the opposite end of the lot from the front yard.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.60 - Yard, side.

"Side yard" means a yard between the main building and the side lines of the lot and extending from the front yard to the rear yard.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)

1155.61 - Zoning code.

"Zoning Code" means Ordinance 4631, passed April 24, 1967, as amended, which constitutes Title Five of this Planning and Zoning Code.

(Ord. 4631. Passed 4-24-67; Ord. 7288. Passed 9-27-04.)