Zanesville City Zoning Code

TITLE ONE

Zoning Administration

1101.01 PURPOSE.

(a) This Zoning Code is adopted for the purpose of improving and protecting the public health, safety and welfare of residents of the City. To this end the Code seeks:

(1) To further the implementation of the objectives of the adopted Comprehensive Plan for the City in such a manner as any changed conditions since the adoption of the Plan may require;

(2) To zone all land in the City with a view to conserving property values and encouraging the most appropriate use of land throughout the City;

(3) To protect all areas of the City from harmful encroachment by incompatible uses;

(4) To establish adequate standards for the provision of light, air and open spaces;

(5) To prevent the overcrowding of land and undue concentration of population, thereby preventing the development of blight and deterioration;

(6) To lessen congestion in the public streets;

(7) To facilitate provision of adequate public services and facilities such as transportation, water, sewerage and parks;

(8) To provide for adequate drainage, control of erosion, reduction of flood damage, and destruction of sensitive or valuable environmental resources;

(9) To foster a desirable pattern of relationships among residential, commercial, industrial and other uses for the mutual benefit of all types of development; and

(10) To isolate and control the location of unavoidable nuisance-producing uses.

(b) To accomplish the above objectives, this Code further seeks:

(1) To fix reasonable standards to which buildings, structures and other uses of land shall conform;

(2) To prevent new construction or alteration or expansion of existing construction that does not comply with the restrictions herein;

(3) To provide for the elimination in appropriate situations of existing uses that are incompatible with the character of the districts in which they are located;

(4) To define the powers and duties of the officers and bodies charged with the enforcement of this Code; and

(5) To prescribe penalties for any violation of the provisions hereof.

(Ord. 87-94. Passed 7-27-87.)

1101.02 APPLICABILITY.

No building, structure, land or premises shall hereafter be constructed, altered, converted, enlarged, moved, used or occupied except in conformity with the provisions herein.

(Ord. 87-94. Passed 7-27-87.)

1101.03 SEPARABILITY.

If any court of competent jurisdiction shall adjudge invalid any provision of this Zoning Code, such judgment shall not affect any other provision hereof not specifically included in such judgment.

Further, if any court shall adjudge invalid the application of any provision hereof to a particular property, such judgment shall not affect the application of such provision to any other property not specifically included in such judgment.

(Ord. 87-94. Passed 7-27-87.)

1101.04 ALLOWABLE USES.

Only the following uses of land, buildings or structures are allowed in the City:

(a) Uses lawfully established on the effective date of this Zoning Code;

(b) Uses which:

(1) Had a building permit lawfully issued prior to the effective date of this Code; and

(2) Began construction within six months of such date, which construction was diligently prosecuted to completion; and

(3) Are constructed and occupied in conformance with the plans that were the basis for the issuance of the permit.

(d) Conditional uses in the applicable zoning districts, subject to the approval of a conditional use permit and other conditions and requirements herein; and

(e) Temporary uses subject to the provisions herein.

(Ord. 87-94. Passed 7-27-87.)

1101.05 MINIMUM REQUIREMENTS.

The provisions herein shall, in their interpretation and application, be held to be minimum requirements.

(Ord. 87-94. Passed 7-27-87.)

1101.06 CONFLICT.

In any case in which any portion of this or any other City ordinance, or any other law, regulation or annexation agreement or any kind of private agreement, covenant or easement applying within the City, establishes a requirement that is either more or less restrictive than a particular requirement established herein, the provision that is the more restrictive or that imposes a higher standard or requirement shall govern.

(Ord. 87-94. Passed 7-27-87.)

1101.07 UNLAWFUL EXISTING USES NOT MADE LAWFUL.

No building, structure or use not lawfully existing at the time of adoption of this Code shall be made lawful solely by the adoption thereof. Such structure or use shall remain unlawful hereunder to the extent that it is in conflict with the requirements of this Code.

(Ord. 87-94. Passed 7-27-87.)

1105.01 PERMITS AND CERTIFICATES.

In addition to other certificates and permits authorized elsewhere in this or other City codes, the following certificates and permits are hereby established.

(a) Building Permit. No person shall commence the construction, alteration or repair of any structure in the City without obtaining a building permit from the City as provided in the City Building Code.

(b) Certificate of Compliance.

(1) The Chief Building Official shall not issue a building permit unless the Zoning Administrator has certified on a certificate of compliance that the plans for the property for which the permit is sought comply with all applicable provisions of this Zoning Code and with other applicable codes and ordinances of the City.

(2) No certificate of compliance shall be issued for any property within the HO Historic Overlay District until a certificate of appropriateness has been issued as provided in this Code.

(3) The Chief Building Official shall not issue a building permit unless the Public Service Director has certified that a storm water drainage permit has been issued in accordance with Chapter 928 and that all applicable fees have been paid.

(1) No person shall occupy or use any structure, land, water or premises in the City, or change the occupancy or use thereof, in whole or in part, without obtaining a certificate of occupancy from the City.

(2) The Chief Building Official shall not issue a certificate of occupancy for a new or remodeled premises unless he or she has inspected or caused to be inspected the premises after completion of all construction and has certified that the premises is in conformity with the plans on which the building permit was based. He or she shall likewise not issue a certificate of occupancy for a change of occupancy without certifying that the proposed occupancy shall be in conformance with all applicable regulations herein.

(3) The following shall be exempt from the requirement for a certificate of occupancy:

A. Land used for agricultural cultivation; and

B. Residential buildings in which there is a change of occupancy that does not involve a change to a different permitted or conditional use.

(4) A temporary certificate of occupancy for a period not to exceed six months may be issued, consistent with the safety of the occupants, for occupancy or partial occupancy pending completion of construction or alterations.

(5) The Chief Building Official shall either issue or deny a certificate of occupancy within twenty days of application therefor. The Chief Building Official shall advise the applicant in writing of the reasons for any denial.

(d) Certificate of Health Commissioner. An application for a certificate of compliance shall be accompanied by a certificate of approval by the City Health Commissioner of the proposed method of water supply and/or sanitary waste disposal except where the lot is provided or is proposed to be provided with public water supply and/or sanitary sewers.

(e) Industrial Pretreatment Permit. Permits issued by the Director of Public Service under the City industrial pretreatment program shall be required as provided in Chapters 921 to 925 of the Codified Ordinances.

(f) Storm Water Drainage Permits. In all residential, commercial and industrial building permit applications that involve changes to the land surface, changes to the drainage patterns or that cause an increase in runoff from such activity, the applicant must also file a storm water drainage permit with the Public Service Director in accordance with Chapter 928 and pay all applicable fees.

(g) Special Use Permit. An application for a Special Use Permit shall be required for certain land uses. All Special Use Permits shall be reviewed and approved, approved with conditions or denied by the Board of Zoning Appeals.

(Ord. 18-76. Passed 7-23-18.)

1105.02 ENFORCEMENT.

The Zoning Administrator is hereby designated and authorized to enforce this Zoning Code. (Ord. 87-94. Passed 7-27-87.)

1105.03 PLANNING COMMISSION AUTHORITY.

The Planning Commission of the City is the Planning Commission referred to in this Zoning Code.

The Commission is hereby vested with the power and responsibility to:

(a) Prepare and recommend to Council a Comprehensive Plan and any additional plans for the development and redevelopment of the City and its extraterritorial planning jurisdiction;

(b) Conduct hearings and make recommendations to Council for approval, conditional approval or denial of all applications for:

(1) Amendments to this Code; and

(2) Right-of-way vacations and dedications; and

(3) Amendments to the City’s Zoning Map.

(Ord. 17-02. Passed 2-13-17.)

(d) Adopt by-laws and any other procedural rules consistent with this and other City ordinances and State statutes;

(e) Prepare and recommend to Council changes in any City plan or part thereof;

(f) Prepare and recommend to Council proposals for specific improvements to carry out City plans;

(g) Cooperate with county and regional planning commissions and other groups to promote coordinated planning;

(h) Recommend to Council the employment of such professional planning, legal, engineering or administrative staff or consulting assistance as is necessary to fulfill its responsibilities;

(i) Advise the Board of Zoning Appeals on plan provisions and other planning factors related to the Board's review of zoning petitions; and

(j) Carry out any other function concerning land subdivision or other matters that may be conferred upon it by the City Subdivision Regulations or any other City ordinance or State statute, and discharge any other duties referred or assigned to it by Council.

The concurring vote of three members of the Commission shall be required to take action on all such matters. (Ord. 87-94. Passed 7-27-87.)

1105.04 PLANNING COMMISSION MEMBERS.

(a) The Planning Commission shall be made up of five members, consisting of the Mayor, the Director of Public Service, and three members who shall be residents of the City.

(Ord. 98-59. Passed 4-13-98.)

(b) The Mayor shall, with the advice and consent of Council:

(1) Appoint all members;

(2) Appoint a new member to fill the unexpired term of any member whose place has become vacant; and

(1) One member to serve as Chairman; and

(2) Another member to serve as Vice Chairman, who shall serve as Acting Chairman in the Chairman's absence.

(d) Council shall have the power to remove any member for cause after a public hearing is held and a copy of the charges against such member has been delivered to the member at least ten days prior to the hearing. The member shall be given an opportunity to answer such charges.

(e) All successors to the original members shall be appointed for a term of six years and shall serve without compensation.

(f) The Community Development Director, or his/her designee, shall serve as the Executive Secretary of the Planning Commission.

(Ord. 87-94. Passed 7-27-87; Ord. 95-59. Passed 5-8-95.)

1105.05 PLANNING COMMISSION MEETINGS.

(a) All meetings shall be held at the call of the Chairman and at such other times as the Planning Commission shall determine and shall be open to the public except when an executive session is authorized by law. No meeting shall be conducted in the absence of a quorum, which shall consist of three members.

(b) An agenda for the meeting shall be advertised in advance and public notice shall be provided prior to any regular and special meetings.

(c) Applicants for Commission consideration shall be notified in writing of the date, time, and location, and subsequently, of the Commission’s decisions and reason for action.

(d) The Commission shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention and reason for action of every member upon every official action and shall be a public record on file in the Department of Community Development. An annual report for all Commission activity shall also be kept on file and available for public inspection in the Department of Community Development.

(Ord. 17-02. Passed 2-13-17.)

1105.06 BOARD OF ZONING APPEALS AUTHORITY.

The Board of Zoning Appeals of the City is the Board of Zoning Appeals referred to in this Zoning Code.

The Board is hereby vested with the power and responsibility to:

(a) Conduct hearings and make final determinations on approval, conditional approval or denial of all applications for:

(1) Special Use Permits;

(2) Variances, except minor variances; and

(3) Appeals;

(b) Make final determinations on approval, conditional approval or denial relating to properties with nonconformities as provided in the nonconformities section of this Code;

(d) File an annual report with the Mayor and Council setting forth its transactions and recommendations;

(e) Adopt by-laws and any other procedural rules consistent with this and other City ordinances and State statutes;

(f) Recommend to Council the employment of such professional zoning, legal, engineering or administrative staff or consulting assistance as is necessary to fulfill its responsibilities; and

(g) Carry out any other function that may be conferred upon it by any other City ordinance or State statute and discharge any other duties referred or assigned to it by Council.

(h) The concurring vote of three members of the Board shall be required to take action on all such matters.

(i) Any vote by the Board that results in a tie vote is the equivalent of a denial.

(Ord. 18-76. Passed 7-23-18.)

1105.07 BOARD OF ZONING APPEALS MEMBERS.

(a) The Board of Zoning Appeals shall consist of five members, who shall all be residents of the City and one of whom shall be a member of the Planning Commission.

(b) The Mayor shall, with the advice and consent of Council:

(1) Appoint all members;

(2) Appoint a new member to fill the unexpired term of any member whose place has become vacant; and

(1) One member to serve as Chairman; and

(2) Another to serve as Vice Chairman to serve as Acting Chairman in the absence of the Chairman.

(e) All successors to the original members shall be appointed for a term of three years and shall serve without compensation.

(f) The Community Development Director, or his/her designee, shall serve as the Executive Secretary of the Board of Zoning Appeals.

(Ord. 87-94. Passed 7-27-87; Ord. 95-59. Passed 5-8-95.)

1105.08 BOARD OF ZONING APPEALS MEETINGS.

(a) All meetings of the Board of Zoning Appeals shall be held at the call of the Chairman and at such other times as the Board may determine and shall be open to the public except when an executive session is authorized by law. No meeting shall be conducted in the absence of a quorum, which shall consist of three members.

(b) An agenda for the meeting shall be advertised in advance and public notice shall be provided prior to any regular and special meetings.

(c) Applicants for Board consideration shall be notified in writing of the date, time, and location, and subsequently, of the Board's decisions and reason for action.

(d) The Board shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention and reason for action of every member upon every official action and shall be a public record on file in the Department of Community Development. An annual report for all Board activity shall also be kept on file and available for public inspection in the Department of Community Development. (Ord. 17-02. Passed 2-13-17.)

1105.09 HISTORIC PRESERVATION BOARD AUTHORITY.

The Historic Preservation Board of the City is the Historic Preservation Board referred to in this Zoning Code for all properties within designated historic districts.

The Board is hereby vested with the power and responsibility to:

(a) Review and make final determinations on approval, conditional approval or denial of all applications for certificates of appropriateness as required under this Code in the above mentioned locations;

(b) Conduct or assist in surveys of areas and properties potentially eligible for inclusion in the Historic Overlay (HO) Zoning District;

(c) Prepare and forward for review by the Planning Commission and approval by Council proposals for the rezoning of specific properties or areas of the City to the HO District or for changes in the boundaries of any HO District;

(d) Maintain a current register of all HO Districts and local, state and national designated historic designated properties throughout the city with descriptions and photographs thereof and summaries of the basis for designation;

(e) Develop and forward for review by the Planning Commission and approval by Council criteria for evaluating and procedures for processing applications for certificates of appropriateness, which criteria and procedures shall not be adopted by the Board prior to Council approval thereof;

(f) Prepare and recommend to Council any other plans, regulations, guidelines or programs for the protection or enhancement of historic properties or districts in the City;

(g) File an annual report with the Mayor and Council setting forth its transactions and recommendations;

(h) Promote the continuing education of residents of the City concerning the City's historic and architectural heritage;

(i) Adopt by-laws and any other procedural rules consistent with this and other City ordinances and State statutes;

(j) Cooperate with county, regional, State, national and private historic preservation organizations;

(k) Recommend to Council the employment of such professional planning, legal, design or administrative staff or consulting assistance as is necessary to fulfill its responsibilities; and

(1) Carry out any other function that may be conferred upon it by any other City ordinance or State statute and discharge any other duties assigned or referred to it by Council.

(m) A vote by the Board resulting in a tie is the equivalent of a denial.

(n) The concurring vote of a majority of the Board members present at the meeting shall be required to take action on all such matters.

(Ord. 18-91. Passed 9-24-18.)

1105.10 HISTORIC PRESERVATION BOARD MEMBERS.

(a) The Historic Preservation Board shall consist of seven members who meet the following criteria:

(1) One member of Council whose term shall expire with each term of Council membership, however, the Mayor may reappoint the same Council representative if such representative is re-elected; and

(2) At least one resident and/or one active principal owner-operator of a business of each historic overlay district whose term shall coincide with the expiration of the term of Council. The Mayor may reappoint members when their terms expire.

(3) At least two preservation-related professional members (this shall include the professions of architecture, architectural history, history, archeology, planning or related disciplines) to the extent such professionals are available in the City. One or both of these appointees may also qualify for appointment under subsections (a)(1) through (a)(3) hereof.

(4) Once the requirements of subsections (a)(1) through (a)(3) hereof have been met, the remaining seats shall be filled with members who demonstrate a special interest, experience or knowledge in historic preservation, architecture or related disciplines.

(b) The Mayor shall, with the advice and consent of Council.

(1) Appoint all members;

(2) Appoint a new member to fill the unexpired term of any member whose place has become vacant; and

(3) Fill any vacancies on the Board within sixty days, unless extenuating circumstances require a longer period.

(1) One member to serve as Chairman; and

(2) Another to serve as Vice Chairman to serve as Acting Chairman in the absence of the Chairman.

(e) All members shall serve without compensation and be appointed for a term of five years that shall be staggered, unless otherwise specified in subsection (a)(1) and (a)(2).

(f) The Community Development Director, or his/her designee, shall serve as the Executive Secretary of the Historic Preservation Board.

(Ord. 2020-39. Passed 3-23-20.)

1105.11 HISTORIC PRESERVATION BOARD MEETINGS.

(a) All meetings of the Historic Preservation Board shall be held at the call of the Chairman with at least four meetings held each year, at regular intervals, in a public place, advertised in advance and open to the public, except when an executive session is authorized by law. No meeting shall be conducted in the absence of a quorum, which shall consist of a majority of the total membership.

(b) An agenda for the meeting shall be advertised in advance and public notice shall be provided prior to any regular and special meetings.

(c) Applicants for Board consideration shall be notified in writing of the meeting date, time and location, and subsequently, of the Board's decisions and reason for action.

(d) The Board shall keep minutes of its proceedings. The minutes shall show the vote, or absence or abstention and reason for action of every member upon every official action and shall be a public record on file in the Department of Community Development. An annual report of all Board activities shall also be kept on file and available for public inspection in the Department of Community Development.

(Ord. 18-91. Passed 9-24-18.)

1105.12 ZONING ADMINISTRATOR.

The Zoning Administrator of the City shall be the Director of Community Development of the City or his or her designee. The Zoning Administrator shall be charged with the enforcement of this Code. In discharging this responsibility, he or she or his or her designee shall:

(a) Interpret the meaning, application or intent of any development regulation in this title. For consistency of interpretation, the director shall render interpretations in writing and apply said interpretations to future instances having the same context. Administrative interpretations shall be communicated to the Planning Commission and City Council. The Zoning Administrator’s interpretation may be appealed subject to the procedures and criteria of Section 1105.13, Appeals.

(b) Issue certificates of compliance, certificates of appropriateness, conditional use permits and temporary use permits;

(d) Notify in writing any party believed to be responsible for violating a provision of this Code and order action to correct the violation;

(e) Prepare and cause to be published on or before March 31 of each year a Zoning District Map as amended through the preceding December 31;

(f) Receive and forward to the Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board as appropriate all applications and notices required by this Code;

(g) Maintain records of applications filed, public hearings held, permits and certificates issued, inspections made, reports rendered, and notices or orders issued under the provisions of this Code;

(h) Request the assistance and cooperation of other City officials, departments, boards or commissions, or other agencies as necessary in the discharge of his or her duties; and

(i) Procure such engineering, planning or legal assistance from technical experts outside the City government as may be necessary to discharge his or her duties and as is authorized by Council.

(j) Provide nonbinding parcel information letters as requested. These letters do not represent a guarantee by the City and is subject to change as more information becomes available including information or permit applications regarding any intended future use of the site.

(Ord. 19-53. Passed 6-24-19.)

1105.13 APPEALS.

(a) Applicability. Any party aggrieved by an administrative order, requirement, decision or determination made under this Zoning Code by the Zoning Administrator, Chief Building Official or other authorized administrative official, board, commission or department of the City other than a recommendation of the Planning Commission to Council or any action of the Board of Zoning Appeals or Council, may appeal to the Board of Zoning Appeals.

(b) Approval Process. Appeals shall be decided only in conformance with the approval process provided in the filing procedures section of this Code and the approval criteria herein.

(1) A notice of appeal shall be filed with the Zoning Administrator within twenty days of the later of:

A. The date of the order or decision being appealed; or

B. In the case of a denial a certificate of appropriateness by the Design Review Board, the expiration of a three or six month negotiation period beginning the date the petition was denied, as provided in the special development approvals section herein.

(2) The notice shall contain:

A. The name, address and telephone number of the party filing the appeal;

B. The location of the property affected by the decision being appealed;

C. Identification of the provision of the Code governing the decision being appealed;

D. A statement of the grounds on which the appeal is based;

E. The reason given by the administrative official or body for the decision;

F. A brief summary of the factual evidence upon which the appeal is based; and

G. A plot plan and verbal description of the use affected by the decision being appealed.

(d) Stay of Proceedings. The filing of a notice of appeal shall stay all proceedings in furtherance of the action appealed from unless the Zoning Administrator certifies to the Board of Zoning Appeals that in his or her judgment a stay would cause imminent peril to life, health or property. In such case, no proceedings shall be stayed without issuance of a restraining order by the Board or a court of record.

(e) Hearing and Action. Upon receipt, the Zoning Administrator shall forthwith transmit the notice of appeal and the complete record of the decision to the Board of Zoning Appeals. The Board shall fix a reasonable time for a public hearing on the appeal.

After the conclusion of the hearing, the Board shall within thirty days take final action on the appeal, whereby it may affirm, reverse or modify the action being appealed, subject only to judicial review in the Court of Common Pleas in accordance with applicable state statutes. To this end the Board shall have all the powers of the party from which the appeal was taken and may direct the issuance of a permit.

(f) Approval Criteria for Appeals. The Board shall reverse the order appealed only if it finds that the action or decision appealed:

(1) Was arbitrary or capricious; or

(2) Was based on an erroneous finding of a material fact; or

(3) Constituted an abuse of discretion; or

(4) Was based on erroneous interpretation of the Zoning Code or zoning law.

(g) For Appeal to Common Pleas Court. It is the intent of this Zoning Code that all questions of interpretation and enforcement shall be first presented to the Zoning Administrator, and that such questions shall be presented to the Board of Zoning Appeals only on appeal from the decision of the Zoning Administrator, and that recourse from the decisions of the Board shall be to the courts as provided by law. Any such appeal shall be made within twenty days of the Board's written decision. It is further the intent of this Zoning Ordinance that the duties of Council in connection with this Zoning Code shall not include hearing and deciding questions of interpretation and enforcement that may arise. (Ord. 17-02. Passed 2-13-17.)

(h) For Reconsideration of an Action.

(1) Within seven (7) days after a decision is reached by the Board of Zoning Appeals the original applicant or property owner may file a written request for reconsideration to the Zoning Administrator if all of the following conditions are met:

A. Only three voting members are present; and

B. A decision does not garner a majority of the Board’s total members, three; and

C. The original vote did not end in an 0-3 decision; and

D. A request for reconsideration has not been filed previously on the same item.

(2) The written request shall include:

A. The date of the decision; and

B. The location of the property affected by the decision; and

C. The name, address and telephone number of the requestor.

(3) Such reconsideration will occur at the next regularly scheduled Board of Zoning Appeals meeting in which four or more voting members are present. Items shall be advertised in accordance with Section 1105.08.

(4) Any decision rendered by the Board that is taken during reconsideration of an item shall be considered the final decision of the Board. Final decisions made by the Board of Zoning Appeals may only be appealed to the Common Pleas Court as outlined in subsection (g) hereof.

(Ord. 19-111. Passed 10-28-19.)

1105.99 PENALTY.

Whoever violates any provision of this Zoning Code shall be guilty of a fourth degree misdemeanor under the Ohio Revised Code and shall be punished as provided in Section 501.99 of the Codified Ordinances. Each day or portion thereof that a violation exists shall constitute a separate offense.

(Ord. 87-94. Passed 7-27-87.)

1109.01 GENERAL.

(a) For purpose of this Zoning Code, certain terms are defined as indicated in this section. These definitions and all other provisions of this Code are subject to the following rules of interpretation:

(1) The present tense includes the past and future tenses and the future tense the present.

(2) The singular number includes the plural number and vice-versa.

(3) The word "shall" is mandatory.

(4) The masculine gender includes the feminine and neuter.

(5) All measured quantities shall be to the nearest integral unit of measure, and if a fraction is one-half or greater, the next highest integral unit shall be used.

(6) T he term "person" shall refer to any person, firm, partnership, association, corporation or organization of any kind.

(7) Any term not herein defined shall be as defined elsewhere in the Codified Ordinances, or, if not defined elsewhere in the Code, as defined in Black's Law Dictionary, or, if not defined therein, as defined in Webster's New Collegiate Dictionary.

(b) Definitions.

(1) Academy (special training centers): An educational facility used for training in a specific skill or professions related to military and other public safety divisions.

(2) Accessory Building: see "building, accessory".

(3) Accessory Living Unit: accessory structure which is located on the same residential parcel as a principal dwelling and which, as an ancillary use, provides living quarters, including full kitchen facilities, for the occupants of the principal dwelling or their tenants, domestic employees or temporary guests.

(4) Accessory Structure: see "structure, accessory".

(5) Accessory Use: see "use, accessory".

(6) Administrative Offices for Educational Institutions: Buildings or structures utilized as office spaces for the purpose of managing school facilities.

(7) Adult Entertainment: Any commercial or recreational establishment that offers sexually oriented material, devices, paraphernalia, activities, or performances in exchange for compensation from legal adults.

(8) Agriculture: the use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and the necessary accessory uses for packing, treating and storing the produce but not including the commercial feeding of garbage or offal to swine or other animals; provided that the operation of accessory uses shall be secondary to that of normal agricultural activities.

(9) Air Rights: the ability of a property owner to use, sell, or lease space located in the air directly above the land in their ownership.

(10) Airport: any public or private land area or other facility designed for the landing and take-off of aircraft, including all taxiways, hangars, airport buildings and other related structures and open spaces.

(11) Alcohol Sales: A retail space equipped with proper licensing for the sale and distribution of alcohol for off-premise consumption.

(12) Alley: a public or private right-of-way not constituting a street used primarily for secondary motor vehicle access to property abutting on a street.

(13) Amusement Arcade: any place of business, which contains four or more mechanical amusement devices, as defined in Chapter 729 of the Codified Ordinances of Zanesville, which are available for use by the public

(14) Animal Hospital: a building or portion thereof designed or used for the care, observation and medical treatment of animals commonly used as household pets.

(15) Antenna Height: the height of an antenna measured from the ground level at the lowest grade level within three feet of any part of the antenna.

(16) Apartment Hotel: "see hotel, apartment".

(17) Auction House: An enclosed establishment for the temporary storage and offered by an auctioneer of qualified property that is offered or sold to the highest bidder by means of a request or invitation for bids. For purposes of this description, the term "qualified property" means property of any kind belonging to another, but excluding animals, motor vehicles and business inventory to be liquidated following or in connection with the closing of a business.

(18) Automobile Repair: rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame, or fender straightening or repair; overall painting or paint shop; as well as regular and routine maintenance on vehicles exceeding a gross vehicle weight rating (GVWR) of 12,000 pounds, regular and routine maintenance performed on vehicles rated at a gross vehicle weight rating (GVWR) of 12,000 pounds or less. For example: oil and lubrication, tune-ups, car washes, tire repair or replacement, mufflers, brakes, and alignment work.

(19) Automobile Service Station: a facility or premises primarily used for retail sale of fuels or oils for automobiles, trucks or boats and which may include as a secondary activity retail sale of tires, batteries and similar accessories and the making of repairs to vehicles or parts thereof that do not normally require storing such vehicles on the premises overnight.

(20) Automobile Title Loan: a business whose primary function is to lend money on the security of the title to a motor vehicle rather than on the security of the vehicle itself.

(21) Automobile Wrecking Yard: see "wrecking yard".

(22) Automotive Repair Centers: Any and all restorative or replacement procedures performed on consumer or commercial vehicles, and all motorized recreational vehicles.

(23) Awning: a roof-like cover of any material, whether illuminated or not, that can be projected and retracted on a temporary or non-continuous basis from the wall of a building.

(24) Bail Bond Centers: An agency that provides bail bond services.

(25) Balcony: a platform enclosed by a wall or balustrade on the outside of a building, with access from an upper-floor window or door.

(26) Bars and Taverns: An establishment that primarily sells and serves alcoholic beverages to persons of legal consumption age, and may or may not include the sale of food.

(27) Basement: that portion of a structure located partly underground but having less than half its clear floor-to-ceiling height below the mean average grade of the adjoining ground.

(28) Batch Asphalt, Concrete, or Mortar Facility: A permanent manufacturing facility designed for the production of aggregates and bituminous materials.

(29) Bedroom: any private room in a dwelling unit suitable for regular use for sleeping purposes. Bedrooms include rooms designated on development floor plans as dens, studies or libraries but exclude living rooms, family rooms, dining rooms, kitchens, bathrooms, laundry rooms and mud rooms. Any room designated as other than a bedroom but which in the judgment of the Zoning Administrator would normally be usable for sleeping purposes shall be considered a bedroom.

(30) Block: a tract of land bounded by streets or by a combination of one or more streets and public parks, cemeteries, railroad rights-of-way, bulkhead lines or shore lines of waterways, or corporate boundary lines.

(31) Blood and Plasma Donation Clinics: A licensed medical facility, other than a hospital, that collects, screens, stores, and distributes blood and plasma donated by members of the public.

(32) Boarding House: A structure arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family dwelling unit.

(33) Building: any structure permanently affixed to the land and constructed or used for the shelter, enclosure or protection of persons, animals or property.

(34) Building, Accessory: a building that is an accessory use.

(35) Building, Completely Enclosed: a building separated on all sides from the adjacent open space or from other buildings or structures by a permanent roof and by exterior walls having only windows and normal entrance or exit doors, or by party walls.

(36) Building, Detached: a principal building surrounded by open space.

(37) Building Frontage: the linear length of the front wall of a building; excluding walls that abut loading areas and service drives exclusively.

(38) Building Height: the vertical distance measured from the mean average ground level at the front building line of a principal or accessory building to the highest point of the underside of the ceiling beams in the case of a flat roof, to the deck line of a mansard roof, or to the mean level of the underside of rafters between the eaves and the ridge of a gable, hip or gambrel roof. Chimneys, spires, towers, elevator penthouses, tanks and similar projections shall not be included in calculating building height.

(39) Building Line: the line parallel, or nearly parallel, to a lot line that separates all parts of a building from open space adjacent thereto on the same lot.

(40) Building, Principal: a non-accessory building in which is conducted the principal use of the lot on which it is located.

(41) Business Park: a special or exclusive type of planned business area designed and equipped to accommodate a community of manufacturing, showroom, warehousing, research or similar industrial uses together with substantial office development related thereto.

(42) Call Centers: An operations center that combines human, technical, and/or physical resources to inbound and outbound places.

(43) Camp Ground: A combined park-camp, recreational camp, or temporary campground used for secondary, recreational living purposes in an outdoor area for a short or extended period of time whereas permanent residency shall not be permitted.

(44) Canopy: a roof-like structure that projects permanently and continuously from the exterior wall of a building or from a free standing support.

(45) Car Wash: A building, structure, or premises, or part thereof, designed for the use of washing, waxing, detailing, or vacuuming automobiles or motor vehicles, including self-service stations and manual wash bays.

(46) Cellar: that portion of a building located partially or wholly underground and having more than half its clear floor-to-ceiling height below the mean average grade of the adjoining ground.

(47) Cemeteries, Memorial Parks: An area set apart for the purpose of containing graves, tombs, and funeral urns in a specific, identifiable manner.

(48) Changeable Copy Sign: see "sign, changeable copy".

(49) Changing Sign: see "sign, changing".

(50) Chief Building Official: means the Chief Building Official for the City of Zanesville, or his/her designated agent.

(51) Childcare and Daycare Facilities: Facilities utilized for the purpose of administering to the needs of infants, toddlers, pre-school and school-aged children by persons other than a parent, guardian, or legal custodian for any part of the 24 hour day.

(52) Cigar/Vapor Lounge: Any establishment that provides patrons of legal age with a seating, lounge, or smoking area, with the intent of smoking or utilizing tobacco products.

(53) Clinic: a place where two or more physicians, dentists or similar professionals provide care, diagnosis and treatment of persons needing medical, dental or surgical attention but where in-patient care is not provided.

(54) Club, Health: any establishment providing physical culture or health services, including health clubs, racquetball or tennis clubs, reducing salons and tanning salons.

(55) Club or Lodge, Private: a nonprofit association of persons who are bonafide members paying dues which owns or leases premises the use of which is restricted to members and their guests.

(56) Colleges, Universities, Community Colleges: Educational institutions utilized for higher education purposes.

(57) Commercial Recreation: The provision of facilities, equipment, and programs that satisfy public demand for activities during unobligated time and are profitable to the supplier.

(58) Commercial Services: An enterprise for profit that sells services to the general public.

(59) Commercial Vehicle: a motorized vehicle other than a passenger car, passenger van or recreational vehicle used by a household for noncommercial personal or family transportation, for recreation, or for van pooling or ride-sharing use. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers, motorized farm vehicles and earth-moving equipment.

(60) Common Open Space: net site area in a planned unit development that is not covered by buildings or pavement that is permanently set aside for the common use and enjoyment of the residents or businesses within a development or for the community at large and the preservation and perpetual maintenance of which is assured by dedication to the City or other satisfactory legal arrangement. Common open space may include parks, playgrounds and tot lots; parkway medians; landscaped green space; natural lakes, ponds and streams; and seventy-five percent (75%) of dry and fifty percent (50%) of wet storm water retention or detention basins. Common open space shall not include street rights-of-way or off-street parking or loading areas.

(61) Community Services: Property or structures designated for the use or improvement of a community, including both public and private organizations, agencies, and entities.

(62) Comprehensive Plan: the officially adopted plan for the physical development, conservation and redevelopment of the City.

(63) Conditional Public Use: see "use, conditional public".

(64) Conditional Use: see "use, conditional".

(65) Conditional Use Permit: see "permit, conditional use".

(66) Convention and Banquet Facilities: Any structure designed for the purposes of holding public or private events, meetings, exhibitions, or conventions.

(67) Corner Lot: see "lot, corner".

(68) Corner Side Lot Line: see "lot line, corner side".

(69) Corner Side Yard: see "yard, corner side".

(70) Court: any open space other than a yard bounded on two or more sides by the walls of one or more buildings.

(71) Court, Inner: a court bounded on more than three sides by the walls of one or more buildings.

(72) Court, Outer: a court that is not an inner court.

(73) Crematories and Funeral Homes: A fixed place designed for the care and preparation or disposition of dead human bodies, and/or the conducting of funeral services.

(74) Curb Level: the height of the established street curb abutting a street line measured at the midpoint of such line. Where no curb has been established, the curb level shall be considered to be the established level of the surface of the street abutting the street line measured along the street center line opposite the midpoint of the street line. On lots abutting more than one street line, the average of the measurements at the midpoints of all street lines shall determine the curb level.

(75) Curie: a unit of radioactivity equal to three and seven-tenths multiplied by ten to the tenth power disintegrations per second.

(76) Current Plat of Survey: see "plat of survey, current".

(77) Decibel: a unit of measurement of the intensity or loudness of sound.

(78) Deck: construction attached to a building open to the sky with floor materials built at an elevation above natural grade.

(79) Density: the number of dwelling units per acre of land. "Gross density" refers to the number of units per acre of the total land to be developed. "Net density" refers to the number of units per acre of land devoted to residential use.

(80) Directional Sign: see "sign, directional".

(81) Display Board: see "sign, message board".

(82) Dog Run, Enclosed: an outdoor area enclosed on all sides by a fence for the exclusive purpose of continuous or occasional confinement of one or more animals commonly kept as household pets.

(83) Dog Run, Open: an outdoor area, which is not enclosed on all sides by a fence, but does provide restricted travel for one or more animals commonly kept as household pets and is used exclusively for this purpose.

(84) Domestic Abuse Crisis Centers: A shelter that provides temporary residential service or facilities for victims of domestic abuse and violence.

(85) Double-Frontage Lot: see "lot, double-frontage".

(86) Drip Line: the perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(87) Drive-In Establishment: an establishment at which patrons may be served without leaving their motor vehicle. Any restaurant, bank, dry cleaning establishment or other business having drive-up or curb service facilities shall be considered a drive-in establishment.

(88) Drug and Alcohol Rehabilitation/Counseling: Facilities providing physical and mental health services on an outpatient basis directly relating to substance abuse.

(89) Drug Store/Pharmacy: a general retail establishment that also provides controlled substances and medicines that requires a doctor prescription to obtain and/or purchase.

(90) Dwelling: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a residence by one or more families.

(91) Dwelling, Efficiency: see "efficiency unit".

(92) Dwelling, Multi-Family: A building or portion thereof consisting of two or more dwelling units including (but not limited to) apartment houses, town houses, condominiums, flats, and row houses.

(93) Dwelling, Live/Work Unit: Structures that combine both residential and non-residential uses and require the business owner to reside in the structure.

(94) Dwelling, Single-Family: A dwelling designed to be occupied by a single family, either detached or semidetached.

(95) Dwelling, Single-Family Attached: a single-family dwelling attached to one or more other single-family dwellings by one or more common vertical walls with each dwelling located on a separate lot.

(96) Dwelling, Single-Family Detached: a single-family dwelling separated from other dwelling units by open space.

(97) Dwelling, Two-Family: a building consisting of two dwelling units.

(98) Dwelling, Townhouse: a dwelling unit that is attached to one or more other dwelling units on the same lot and that has an individual private ground-level entrance to the outside and no portion of which is located above any other unit or portion thereof.

(99) Dwelling, Upper Story Residential: Single or multi-family dwellings located above the first floor of a business.

(100) Easement: a right possessed by one or more parties to use the land or air above the land belonging to another party for a special purpose or purposes.

(101) E-Commerce: The activity of buying or selling products online or over the internet.

(102) E-Commerce & Distribution Facility: The activity of selling items and products online and warehousing & distributing such items from the same facility and/or location. This is not the same as a "Warehouse & Distributing Center" use.

(103) Educational Facilities: Any structure, land, or use, both public and private, that provides educational or training services to adults and/or minors.

(104) Efficiency Unit: a dwelling unit consisting of just one principal room together with bathroom, kitchen, hallways, closets and/or dining alcove, and which does not include a bedroom as defined herein.

(105) Elderly Housing/Assisted Living: Residential care facilities providing accommodations and personal care services to residents.

(106) Embellishment: see "sign embellishment".

(107) Equipment Rental (with outdoor storage): A structure or group of structures and/or property used to store and rent equipment for general use by members of the public, or private entities.

(108) Erect: to build, construct, locate, hang, attach, manually place, suspend or affix, including the initial painting of all signs.

(109) Expressway: a highway that is part of the federal system of interstate and defense highways under the Federal-Aid Highway Act of 1956 or any other highway designated as an expressway in any adopted City Plans.

(110) Family: one or more persons, together with not more than two domestic servants and not more than two roomers, boarders or permanent paying or nonpaying guests, who live together in a single dwelling unit and constitute a single household in which members share common kitchen facilities and have access to all parts of the dwelling.

(111) Farmers Market/Community Garden Space: A location in which food is grown and/or sold in addition to the retail of other goods and products, for consumption or other uses, that are generally produced by members of the public and adhere to required health standards and permit requirements.

(112) Feed, Flour, and Grain Storage: A facility engaged in receiving, handling, storing, and distributing raw agriculture products.

(113) Fence: an artificially constructed barrier of any material or materials erected to enclose, screen or decorate areas of land. Fences include walls, hedges and earth berms meeting this definition.

(114) Fence Height: the height of a fence, hedge or wall measured from the ground level at the lowest grade level within three feet of either side thereof.

(115) Fence, Open: a fence, including entrance and exit gates, designed and constructed so that the surface area of any segment of such fence contains at least seventy percent (70%) open spaces and thirty percent (30%) or less solid materials.

(116) Fence, Solid: a fence that is not an open fence.

(117) Festoons: a string of light bulbs not shaded or hooded to prevent their being visible at the property line, or of ribbons, tinsel, pinwheels, banners, pennants or similar devices that is hung outside a structure but is not an integral part thereof.

(118) Firearm Retail Space: A retail space equipped with proper licensing for the general sale of firearms, accessories, and ammunition.

(119) Fireproof Container: an enclosure designed to prevent the release of radioactive materials that is made of steel or concrete or similar materials but not of lead or other low melting metals or alloys unless completely encased in steel or concrete.

(120) Flashing Sign: see "sign, flashing".

(121) Floor Area: the sum of the gross horizontal area of space contained on all floors measured in square feet from the exterior faces of the exterior walls of each building, or from the center line of party walls separating two buildings. Floor area includes space in accessory buildings; all cellar, basement and attic space; and space for stairs, elevators, maintenance areas and equipment areas except as provided in the definitions herein of "floor area, gross" and "floor area, net". For structures devoted to bulk storage of materials, every ten feet of building height shall be considered as one floor for purposes of calculating floor area.

(122) Floor Area, Gross: a measure of floor area, as defined herein, used for purposes of calculating floor area ratio, conversions of existing structures and maximum size of business establishments. Gross floor area is floor area excluding only:

A. Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;

B. Attic or half-story space having headroom of seven feet nine inches or less;

C. Exterior balconies; and

D. Space on the roof used for mechanical equipment.

(123) Floor Area, Net: a measure of floor area as defined herein and used for purposes of calculating off-street parking and off-street loading requirements. Net floor area is floor area excluding only:

A. Areas devoted to off-street parking or off-street loading, including aisles, ramps and maneuvering space;

B. Areas devoted primarily to storage and not located within selling or working spaces, except for facilities such as warehouses where the principal use is storage;

C. Basement or cellar areas not devoted to retailing activities, offices, or production or processing of goods;

D. Elevator shafts, stairs and stairwells;

E. Maintenance shafts and rooms;

F. Washrooms;

G. Display windows; and

H. Fitting rooms.

(124) Floor Area Ratio: the total floor area, as defined herein, of all buildings on a lot divided by the area of the lot.

(125) Food Service: A place, location, site, or separate area in which food is intended to be prepared and served to the general public for a profit.

(126) Food Trucks: A mobile food servicer that operates from a non-permanent structure and sells either food or beverages or a combination thereof.

(127) Free-Standing Sign: see "sign, free-standing".

(129) Frequency: the number of oscillations per second in a sound wave, a measure of the pitch of the resulting sound.

(130) Frontage: the length of any street line.

(131) Frontage, Building: see "building frontage".

(132) Frontage, Lot: see "frontage".

(133) Front Lot Line: see "lot line, front".

(134) Front Setback: see "yard, front".

(135) Front Wall: see "wall, front".

(136) Fuel Station: Service stations engaged in retailing automotive fuels and other convenience store products.

(137) Fuel Storage, Bulk: A facility for the storage of large liquid fuel containers, above or below ground level, for distribution.

(138) Funeral Home: see "crematories and funeral homes."

(139) Game Room: any premise where there are available to the public three or less coin-operated amusement devices, excluding vending machines that do not incorporate gaming or amusement features and excluding coin- operated musical devices.

(140) Garage: a structure or part thereof used or designed to be used primarily for the enclosed parking or storage of motor vehicles, boats or trailers, but excluding exhibition areas, showrooms or other facilities for display of such vehicles in shows or exhibits or in connection with their being offered for sale, rent or lease.

(140) Garage, Public: any building or premise, other than a wrecking yard as defined herein, where more than one motor vehicle is stored for compensation.

(141) Garage Sale: see "yard sale".

(142) Garage, Storage: a building used only for the housing of motor vehicles pursuant to previous arrangements and not by transients, and where no equipment or parts are sold and vehicles are not rebuilt, serviced, repaired, hired or sold, except that fuel, grease or oil may be dispensed within the building to vehicles stored therein.

(143) General Retail: An enterprise for profit that sells goods and services to the general public.

(144) General Warehousing and Distribution: A structure, group of structures and/or property used for low hazard storage and distribution of goods.

(145) Grade: the average level of the finished surface of the ground adjacent to the exterior wall of the building that is closest to the front lot line, where such wall is more than five feet from a street line. For buildings closer than five feet to a front lot line, the grade is the sidewalk elevation at the center of the front lot line. Where there is no sidewalk, or in the case of a through lot, the grade shall be established by the City Public Service Director.

(146) Golf Courses: A property designed for recreational or competitive golf use, both public and private, within a municipality.

(147) Government Facilities: Property or structures designed for use by local, state, or federal agencies or entities.

(148) Ground-Floor Area: the lot area covered by a building measured from the exterior faces of exterior walls but excluding open porches, patios or terraces, garages or carports.

(149) Group Home: means a nonhospital residential facility housing more than three persons not related by blood, marriage or adoption to the owner who need protective custody or psychological counseling or treatment and that are provided twenty-four hour supervision or care while on the premises, or a home providing temporary shelter or protection operated by a bona fide nonprofit organization recognized by the Internal Revenue Service.

(150) Group Living: Any building, structure, or portion thereof designed for the residence of three or more individuals of no relation.

(151) Half Story: see "story, half".

(152) Halfway House: A single or multi-unit structure funded by a government agency or nonprofit that provides programs directly concerned with housing and monitoring citizens who are under community supervision of the department of rehabilitation and correction as ordered by the court.

(153) Heavy Manufacturing and Industrial: Facilities that use capital and energy-intensive machinery to produce complex products or hazardous materials.

(154) Hedge: planted vegetation, including trees, shrubs or other natural vegetation, that is planted in close proximity or clustered together and that has a surface area that obstructs the view.

(155) Height, Building: see "building height".

(156) Height, Fence: see "fence height".

(157) Height, Sign: see "sign height".

(158) Home Occupation: a gainful pursuit conducted by one or more members of a family within their place of residence and that is subject to the provisions herein concerning home occupations.

(159) Hospitals and Medical Campuses: Public health centers and general, mental, chronic disease, and other types of hospitals, and related facilities, such as laboratories, outpatient departments, and central service facilities operated on hospital campus grounds.

(160) Hospitality and Travel Centers: A facility designed for the use of the public by providing information on local travel and tourism sites, hotels and lodging, food services, and recreational facilities.

(161) Hotel: a building containing lodging rooms, a general kitchen and dining room, a common entrance lobby, halls and stairways; and where each lodging room does not have a doorway opening directly to the outdoors except for emergencies; and where more than fifty percent (50%) of the lodging rooms are for rent to transient guests for a continuous period of less than thirty days.

(162) Hotel, Apartment: an establishment having the character of a hotel but in which at least fifty percent (50%) of the accommodations are for occupancy by guests staying thirty consecutive days or more.

(163) HUD Code Manufactured Home: see "manufactured home, HUD Code".

(164) Identification Sign: see "sign, identification".

(165) Illuminated Sign: see "sign, illuminated".

(166) Indoor Amusement Park: Any establishment that primarily engages in operating a variety of attractions, often including mechanically operated rides or displays, in an enclosed area.

(167) Indoor Gun Range: A facility that operates an enclosed, controlled firing range and adheres to all legal regulation and firearm safety measures required by the state.

(168) Industrial Park: a special or exclusive type of planned industrial area designed and equipped to accommodate a community of industries.

(169) Internet Server Stations: Service stations that facilitate the maintenance and distribution of internet service throughout a municipality.

(170) Job Training, Vocational Rehabilitation Services: Facilities designed to provide aid and/or training services for the purpose of securing and maintaining employment.

(171) Junkyard: an open area where waste or used or second-hand materials are bought, sold, exchanged, stored, baled, packed, disassembled or handled, including scrap iron and other metals, paper, rags, rubber tires and bottles. A wrecking yard is considered a junkyard, but uses carried on entirely within enclosed buildings and establishments engaged only in the processing of scrap metal to be sold for the manufacture of steel are not considered junkyards.

(172) Kennel: any lot or premises on which four or more animals commonly used as household pets that are more than four months of age are bred, groomed, boarded, trained or sold for commercial or humane purposes and which offers provisions for minor medical treatment, including animal shelters.

(173) Lawn Care Centers: An establishment primarily engaged in providing landscape care and maintenance services and/or installing trees, shrubbery, plants, lawns, or gardens as well as providing landscape installment/construction plans pertaining to walkways, retaining walls, decks, fences, and ponds.

(174) Livestock: any animal commonly associated with agriculture, including all varieties of cattle, sheep, goats, poultry, swine, and equine.

(175) Loading Space, Off-Street: a completely off-street space or berth located on the same lot, except as otherwise permitted herein, for the loading or unloading of freight carriers, having adequate ingress and egress to a public street or alley.

(176) Lodging Room: a room rented as sleeping or living quarters, but without cooking facilities and with or without an individual bathroom. In the case of a suite of rooms, each room shall be counted as one lodging room.

(177) Lot: a parcel of land under the same ownership or control (whether legally so described or subdivided as one or more contiguous parcels or parts of parcels) located within a single block, occupied by or suitable for occupancy by one principal building, and having its principal frontage upon a dedicated public street.

(178) Lot Area: the area of a lot within its front, rear and side lot lines.

(179) Lot, Corner: a lot located at the intersection of two or more streets, or a lot located at the point where the alignment of a single street curves or changes; provided that an interior angle of not more than 135 degrees is created by the right-of-way lines of the abutting street or streets, or, in the case of a curving right-of-way, by straight lines projected tangent to the curve from the points of intersection between the curve and the lot lines.

(180) Lot Depth: the mean average of the lengths of the side lot lines on either side of a lot.

(181) Lot, Double-Frontage: a through lot abutting only two streets.

(182) Lot, Interior: a lot other than a corner lot.

(183) Lot Line: a property boundary line of any lot, except that where any portion of a lot extends into an abutting street or alley the lot line shall be deemed to be established at the existing street or alley right-of-way line.

(184) Lot Line, Corner Side: any street line that is not a front lot line.

(185) Lot Line, Front:

The only street line bordering a lot; or

Otherwise, if the lot is a through lot, every street line; or

Otherwise, if the lot is a corner lot:

The shortest street line; or

Otherwise, if more than one street line is the shortest:

The lot line designated as the front lot line on a plat of dedication or plat of subdivision;

Otherwise, the lot line designated as the front lot line by the Public Service Director.

(186) Lot Line, Rear: that lot line which is most distant from and is, or is approximately, parallel to the front lot line. If the rear lot line is less than ten feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line ten feet in length within the lot, parallel to and at the maximum distance from the front lot line.

(187) Lot Line, Side: any lot line that is not a front or rear lot line.

(188) Lot of Record: a lot that is part of a subdivision, the plat of which was recorded in the office of the County Recorder, or a parcel of land the deed to which was recorded in the office of such Recorder, prior to the adoption of this section.

(189) Lot, Reversed Corner: a corner lot that is a reversed frontage lot.

(190) Lot, Reversed Frontage: a lot with a front lot line at right angles or approximately right angles to the general pattern of front lot lines in the block.

(191) Lot, Through: an interior lot with frontage on more than one street.

(192) Lot Width: the width of a lot measured along a line parallel to the front lot line located at the setback line established by the applicable front yard requirement of this Code.

(193) Machinery Sales: A facility for the display, sale and rental of tools, heavy machinery, dump trucks or commercial and heavy equipment, such as those used in building construction, farming, restaurants or manufacturing.

(194) Makerspace: A collaborative work space inside of a public or private facility for the purpose of creating, learning, exploring, sharing and/or producing various types of media, content, or tangible products.

(195) Manufacturing and Industrial: Districts or site specific locations designed for large-scale uses such as factory, warehouse, production, shipping, fabrication, and assembly of products.

(196) Manufactured Home: a factory-produced dwelling unit designed and used exclusively for long-term residential occupancy that is built on a permanent chassis, is transportable in one or more sections, and is ready for occupancy at the building site except for minor and incidental unpacking, assembly and connection operations. This term shall not include units using prefabricated sub-elements requiring major on-site combination or installation that do not otherwise meet the requirements of this definition.

(197) Manufactured Home, HUD Code: a manufactured home fabricated after June 14, 1976, and certified by the U.S. Department of Housing and Urban Development as conforming to regulations authorized by Title IV of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. secs. 5401-5426).

(198) Manufactured Home Park: any lot or tract of land other than a manufactured home subdivision or manufactured home sales or storage lot upon which three or more manufactured homes used for long-term residential occupancy are located.

(199) Manufactured Home Subdivision: a subdivision of three or more lots designed and intended for residential use exclusively by manufactured homes on permanent foundations with wheels, tongue, lug bolts and hitch, if any, permanently removed and wherein each lot occupied by a manufactured home is owned by the owner of the manufactured home situated thereupon.

(200) Marijuana Facilities: A retail space equipped with proper licensing for the sale and distribution of medical and recreational marijuana products.

(201) Marquee: see "canopy".

(202) Marquee Sign: see "sign, canopy".

(203) Massage Therapy Services: An outpatient care facility licensed to practice massage therapy services for a variety of medical diagnoses or general use by members of the public.

(204) Medical; Chiropractic, Dental, Optometry Offices: Outpatient medical care offices that provide services for general, non-life threatening purposes to the public.

(205) Medical Facilities: Any facility pertaining to outpatient care, long-term care, rehabilitation, or other related medical practices in which members of the public can receive mental or physical care from licensed professionals.

(206) Medical Laboratories: Any facility or site that performs tests or examinations in connection with the diagnosis of diseases, assessment of health, or in connection with drug and alcohol testing.

(207) Mobile Home: see "manufactured home".

(208) Model Home: A finished residential unit or home in a new subdivision or residential development used to sale other units on a temporary basis until the development is sold out.

(209) Motel: a building containing lodging rooms each of which has an individual adjoining bathroom that is designed primarily for transient automobile travelers with a parking space on the lot for each lodging unit and where more than fifty percent (50%) of the lodging rooms are for rent for a continuous period of less than thirty days.

(210) Motor Freight Terminal: a building or premises the principal use of which is the receipt of freight for forwarding or trans-shipment or the dispatching of freight by motor vehicle.

(211) Motor Vehicle: any self-propelled wheeled vehicle designed primarily for transportation of persons or goods along public streets.

(212) Moving Sign: see "sign, moving".

(213) Museum and Libraries: Facilities designed for public use for educational and/or cultural purposes.

(214) Name Plate: see "sign, name plate".

(215) Neighborhood Community Center: A public facility for group recreational or social activity, including clubs, lodges, recreation buildings and community centers.

(216) Net Floor Area: see "floor area, net".

(217) Net Lot Area: see "lot area".

(218) Nightclub: means an establishment serving alcoholic beverages and food and which recurrently features dancing, entertainment, singing, or live music.

(219) Nonconformity: any characteristic of a use, building, structure or lot that was lawful prior to the effective date of this Code or of any amendment thereto but which does not conform to all applicable requirements therein.

(220) Nonconformity, Activity: any activity or function lawfully carried on at the premises at the time of enactment of this Code but that is not thereafter allowed by the permitted and conditional uses of the zoning district in which the premises are located.

(221) Nonconformity, Design: the design or intended use of all or substantially all of a premises for any use not allowed by the permitted and conditional uses of the zoning district in which it is located, irrespective of the nature of the activities carried on at that premises.

(222) Nonconformity, Standards: any nonconformity other than an activities or design nonconformity.

(223) Nursing Home, Hospice, and Life Care Centers: Facilities providing accommodations and personal, comprehensive care to residents occupying shared or individual living quarters.

(224) Obstruction: any building, structure or object, or part thereof, located in the way of any yard or open space required by this Code, excluding trees and shrubs.

(225) Octave Band: all the frequencies between a given frequency and double that frequency.

(226) Octave Band Filter: means an electrical frequency analyzer designed according to standards formulated by the American National Standards Institute and used in conjunction with a sound-level meter to take measurements in specific octave intervals.

(227) Odor Threshold Value: means the minimum concentration of odorous material in air that can be detected by the normal human nose as determined by the American Society for Testing and Materials Method D1391-57 Standard Method for Measurement of Odor in Atmospheres (Dilution Method) or its equivalent.

(228) Off-Street Loading Space: see "loading space, off-street".

(229) Off-Street Parking Space: see "parking space, off-street".

(230) Office: Structures designed or intended for general office use, for both public and/or private nature, and include commercial, bureaucratic, or professional work.

(231) On-Premise Sign: see "sign, on premise".

(232) Open Fence: see "fence, open".

(233) Open Sales Lot: open land that is used or occupied for the purpose of buying and selling merchandise, passenger cars, trucks, motor scooters, motorcycles, boats, nursery plants or supplies, or monuments, or for the storing of same prior to sale thereupon, and that is provided with a surface of asphalt, concrete or the equivalent and is drained to dispose of all surface water.

(234) Outdoor Advertising and Billboard Signs: Any outdoor sign, display device, message board, billboard, or any other contrivance that is owned or operated by a person or entity that earns compensation for the placement of a message on it and is visible from the main travelled roadways.

(235) Outdoor Dining Spaces: An area adjacent to a food service operation or establishment that is located outdoors, with or without cover, and is designated for the consumption of food and beverage.

(236) Outdoor Recreation: An outdoor facility or area for sport, entertainment, games of skill, or recreation that is open to use by the general public for a fee. This use includes without limitation game courts, water slides, golf courses, outdoor miniature golf courses, drive-in theaters, batting cages, practice/instructional fields, amusement parks, amphitheaters, and sports events.

(237) Outdoor Sale Lots: Property or a portion thereof used for the sale of merchandise in an outdoor, unenclosed location.

(238) Outdoor Storage: The use of a significant portion of a lot or area for the long term retention (more than twenty-four hours) of materials and machinery or equipment, regardless of whether the materials, machinery or equipment are to be bought, sold, repaired, stored, incinerated, or discarded. The term includes the storage of self-contained cargo containers that have not been converted into a permanent building, but does not include new or used motor vehicle sales and rental display, nor does it include accessory and incidental parking of vehicles for residents, guests, customers or employees in connection with a principal use.

(239) Parapet: that portion of a wall that extends above the roof.

(240) Parks and Open Spaces: Areas of natural, semi-natural, or planted space designed for public recreational use or for natural wildlife preservation in urban and suburban areas.

(241) Parking Space Depth: the longer of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the depth shall be the length of the largest imaginary rectangle that can fit within the space.

(242) Parking Space Width: the shorter of the two dimensions of a rectangular parking space. In the case of a space that is not rectangular, the width shall be the width of the largest imaginary rectangle that can fit within the space.

(243) Parking Space, Off-Street: an area outside of any public street or alley right-of-way that is adequate for parking an automobile with room for opening doors on both sides together with maneuvering room and properly related access to a public street or alley.

(244) Particulate Matter: material, other than steam or water vapor, suspended in or discharged into the atmosphere in finely divided form as a liquid or solid at atmospheric pressure and temperature.

(245) Party Wall: a wall starting from the foundation and extending continuously through all stories to or above the roof that separates one building from another and that is in joint use by each building.

(246) Patio: a horizontal area located at existing grade and used for other than vehicular purposes, which is without roof or walls and surfaced with wood, masonry, stone, brick, block or other such material.

(247) Pawnshop: means the location or premises at which a pawnbroker is licensed to regularly conduct the pawnbroker's business

(248) Performance Standard: a criterion to control noise, odor, smoke, toxic or noxious matter, vibration, fire, and explosive hazards, glare, heat or other effects generated by or inherent in uses of land or buildings.

(249) Permit, Conditional Use: a permit required for the use of land, water or buildings as a conditional use received only after approval by the Board of Zoning Appeals of an application for a conditional use.

(250) Permitted Public Use: see "use, permitted public".

(251) Permitted Use: see "use, permitted".

(252) Philanthropic Institutions: Not-for-profit institutions designed to aid and improve the community or surrounding areas.

(253) Planned Unit Development: a tract of land of two acres or more initially under the same ownership or control that is or shall be developed with more than two principal use buildings as an integral unit based on a plan that allows for more flexible standards than would normally apply in order to provide a higher quality of design and amenity than would otherwise be possible.

(254) Plat of Survey, Current: a plat prepared by a licensed surveyor containing the legal description of the premises thereon and showing:

(255) The boundary lines of the property; and

(256) The locations of all improvements and monuments there; and

(257) All encroachments; and

(258) The boundaries of all existing streets, easements, rights-of-way and areas dedicated to public use within 200 feet of the property; as all of the foregoing exist as of the date of filing.

(259) Porch: an exterior appendage to a building, forming a covered approach or vestibule to a doorway.

(260) Premises: any improved or unimproved property.

(261) Principal Building: see "building, principal".

(262) Principal Use: see "use, principal".

(263) Private and Fraternal Clubs: A nonprofit organization or association that is not open to the public and is generally used for social, recreational, athletic, and educational purposes.

(264) Projecting Sign: see "sign, projecting.

(265) Psychiatric Treatment Institution: A treatment-oriented facility where patients are admitted for severe psychological disorders and are provided with supervised care and therapy for a brief or extended period of time.

(266) Radiation Hazards: the harmful effects of all radiation capable of producing ions in their passage through matter, including electromagnetic radiations such as x-rays and gamma rays and particulate radiations such as electrons or beta particles, protons, neutrons and alpha particles.

(267) Real Estate Sign: see "sign, real estate".

(268) Rear Lot Line: see "lot line, rear".

(269) Rear Yard: see "yard, rear".

(270) Recreational Institution: see "institution, recreational".

(271) Recreational Vehicle: a vehicle primarily designed as temporary living quarters in conjunction with recreation, camping or travel use which either has its own motive power or is mounted on or drawn by another vehicle, including travel trailers, fifth wheel travel trailers, camping trailers, truck campers, boats on or off trailer, motor homes or any similar vehicle.

(272) Refuse: all waste products resulting from human activity except sewage.

(273) Regional Transit Authority Facilities: Used for the purpose of acquiring, constructing, operating, maintaining, replacing, improving, and extending transit facilities in one or more counties or municipalities, townships, or combinations thereof.

(274) Religious Assembly: A property or structure(s) intended as a place for religious gatherings, practices, and services, both public and/or private.

(275) REM: A quantity of ionizing radiation that, when imparted to a biological system, has the same effect as an absorbed dose of one roentgen of x-rays per gram of living matter.

(276) Restaurant with Drive Thru: A food establishment that provides food service or the selling of food either by drive-thru access only or with indoor seating and dining provided.

(277) Reversed Corner Lot: see "lot, reversed corner".

(278) Reversed Frontage Lot: see "lot, reversed frontage".

(279) Right-of-Way: a strip of land used for passage of motor vehicles, railroads or pedestrians or for the location of utility or communications lines. An access easement shall not be considered a right-of-way.

(280) Right-of-Way, Public: a right-of-way as defined herein dedicated to or owned by a public body and available for use by the general public. In the case of public streets, the right-of-way normally includes the curbs, lawn strips, and lighting and drainage facilities.

(281) Ringelmann Chart: a chart described in the U.S. Bureau of Mines Circular 6888 or its successor upon which are illustrated graduated shades of grey for use in estimating the light-obscuring capacity of smoke or its equivalent.

(282) Ringelmann Number: the number of the area of the Ringelmann Chart that coincides most nearly with the light obscuring capacity of the emission or smoke observed.

(283) Roof Sign: see "sign, roof".

(284) Salvage, Storing, Towing and Junkyards: An establishment or property utilized for the purpose of storing, keeping, buying or selling scrap materials including vehicles, copper, brass, rope, batteries, paper, rubber, trash, debris, iron, steel and other nonferrous materials

(285) Screening: a structure erected or vegetation planted to wholly or partially conceal the area behind it.

(286) Self-Storage Facilities: A property designed and used only for the purpose of renting or leasing individual, enclosed storage spaces with constant access to personal belongings unless the contractual agreement is broken by the customer.

(287) Setback: the shortest horizontal distance between a lot line and the closest part or projection thereof of any structure or area. If no lot line is specified, the applicable lot line shall be the street line(s).

(288) Shopping Center: means a group of three or more retail or service commercial uses characterized by any one or more of the following:

A. Uses are designed as a single commercial group, whether or not located on the same lot;

B. Contiguous uses occupy premises that are under common ownership or management;

C. Uses are connected by party walls, partitions, canopies or other structural members to form one continuous structure;

D. Uses are located in separate buildings but are interconnected by walkways or access ways designed to facilitate customer interchange between the uses;

E. Uses share a common parking area; and/or

F. Uses otherwise present the appearance of a single continuous commercial development.

(289) Short Term Rental: The renting of any residential home or unit for a period of 28 days or less.

(290) Side Lot Line: see "lot line, side".

(291) Side Yard: see "yard, side".

(292) Sign: any visual or graphic device designed through use of words, numbers, characters or symbols to inform or attract attention and which is designed to be visible from outside any building or structure in which, upon which, attached to which, or on the premises of which it may be located. Sign shells, framing and support structures shall be considered part of the sign. Window displays of merchandise and signs of less than one-half square foot in area that are part of such displays and are not affixed to windows shall not be considered signs for purposes of this Code.

(293) Sign, Air-Activated: a sign all or any part of which is designed to be moved by action of the air for the purpose of attracting attention, including signs with spangles or moveable colored disks but excluding flags, banner signs or festoons.

(294) Sign Area: the total exposed surface on each facing excluding any supporting structure that does not form part of the sign proper. The area of an awning sign, canopy sign or a sign consisting of individual letters or symbols against a wall shall be the sum of the areas within rectangular envelopes completely enclosing each separate letter or symbol or attached group thereof.

(295) Sign, Announcement Board: an on-premises changeable copy sign displayed by a church, school or other institutional use to provide such noncommercial information to the public concerning the institution as its hours, functions and special events.

(296) Sign, Awning: a sign painted on or attached directly to any part of an awning.

(297) Sign, Banner: a temporary sign composed of lightweight material either enclosed or not enclosed in a rigid frame and secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.

(298) Sign, Bench: a sign painted on or attached directly to any part of a bench.

(299) Sign, Bulletin Board: a temporary paper notice placed upon a bulletin board or kiosk designed for temporary display of large numbers of such notices by the general public.

(300) Sign, Canopy: a sign, other than an under canopy sign, attached to or constructed in or on a canopy.

(301) Sign, Changeable Copy: a sign designed for frequent changes of message copy, including bulletin boards and kiosks; outdoor advertising signs; changing signs; other signs with electronically-displayed messages, removable letters, or poster panels; and signs with the message painted directly on the sign face.

(302) Sign, Changing: a sign with a message copy or other display that is produced and periodically changed or moved electronically or electrically such as a public service time and temperature sign.

(303) Sign Clearance: the vertical distance to grade (or to the surface of the roof in the case of a sign mounted upon or over a roof) from the lowest edge of a sign excluding any pole or support structure attached to the ground.

(304) Sign, Construction: a non-illuminated sign displayed prior to or during construction and removed thereafter that identifies a building for which a building permit has been issued and which is under construction together with such information as the owner, the manager, the contractor and subcontractors, the architect and engineer, the source of financing, the projected date of completion, the major tenants and related information.

(305) Sign, Directional: a sign that serves solely to direct pedestrian or vehicular traffic or parking within a premises or to provide related instructions or facility information but that contains no advertising other than the name and logo of the business on the premises.

(306) Sign Embellishment: means any framing or trim attached to or superimposed upon a sign.

(307) Sign Facing: the surface of a sign upon, against or through which the message is displayed or illustrated.

(308) Sign, Flashing: a sign which contains an intermittent or flashing light source or which includes the illusion of intermittent or flashing light by means of animation or an externally mounted intermittent light source. Changing signs as defined herein are not considered flashing signs.

(309) Sign, Free-Standing: a sign supported by one or more poles, uprights, pylons or braces on the ground and not attached to a building.

(310) Sign, Government-Mandated: any sign or exterior display required to be displayed by government order or regulation, the dimensions and content of which do not exceed those required thereby, including construction signs for government-assisted projects.

(311) Sign, Government or Utility: an informational sign or display maintained by a government body or public utility, including traffic or parking regulating devices, legal notices, warnings of hazards and similar displays.

(312) Sign Height: the vertical distance measured from the curb level as defined herein of the closest public street from which the sign is intended to be viewed to the highest point of the sign. Where a sign is equally close to more than one street from which it is intended to be viewed, the mean average of the curb levels of each street shall be used to determine sign height.

(313) Sign, Illuminated: a sign illuminated by a source of artificial light having the principal purpose of furnishing illumination for the sign whether or not such source is part of the structure of the sign.

(314) Sign, Marquee: see "sign, canopy".

(315) Sign, Memorial: a sign or tablet erected to memorialize a person, institution, structure, site or event, including identifications of the name of a building and its date of erection when cut into a masonry building surface or when constructed of bronze or similar material, and historical markers or plaques.

(316) Sign, Menu Board: a sign used to display a selection of goods or services offered at a business establishment for the convenience of drive-up or walk-up customers, such as at a drive-in restaurant.

(317) Sign, Message Board: a sign other than a changing sign on which letters are changeable and that is attached to another sign, to the support structure thereof, or to a wall for the purpose of displaying advertising or other notices.

(318) Sign, Monument: A freestanding sign with a maximum height of 8 feet with a total surface area no more than 150 square feet. Monument signs shall be solid from the ground level to the top of the sign.

(319) Sign, Moving: a sign that has one or more visible parts that move.

(320) Sign, Mural: a sign painted or otherwise applied directly on or into the surface of a structure or object, such as a fence, the wall or roof of a building, a rock, tree or the surface of the ground, that does not serve solely as a sign but which does not involve individual letters mounted upon such surface.

(321) Sign, Name Plate: a non-illuminated sign that states only the names, addresses and professions of the businesses or occupants of the lot where the sign is placed.

(322) Sign, On-Premise: a sign directing attention to a business, profession, commodity, service, entertainment, person, cause, event or organization conducted, sold, offered, operating or having premises upon the same lot.

(323) Sign, Outdoor Advertising 'Billboard': see "Outdoor advertising and billboard signs."

(324) Sign, Permanent: a sign that is not a temporary sign as defined herein.

(325) Sign, Portable: any sign that is moveable and not permanently attached to the ground, a structure or another sign.

(326) Sign, Projecting: a sign attached to the wall of a building having a face that is not parallel to such wall or that extends more than one foot from the face of the wall.

(327) Sign, Pylon: A freestanding sign with a minimum height of 8-feet, 1-inch with a total surface area of no more than 300 square feet. This sign may have one or two pylons for support. No three or more sided surfaces are permitted.

(328) Sign, Real Estate: a non-illuminated sign used to offer for sale, lease or rent the property upon which or within which the sign is placed or to announce an open house or that the property has been sold.

(329) Sign, Roof: a sign erected or maintained upon or over a roof with its principal support on the roof structure. A sign that is erected or maintained upon but projects no more than twelve inches from the face of that portion of a mansard roof that is vertical or approximately vertical and that does not extend above the highest point of the vertical portion of the roof, shall be considered a wall sign and not a roof sign.

(330) Sign, Rotating: a sign that rotates upon an axis or that has any part that visibly rotates.

(331) Sign Spacing: the linear distance measured along a street right-of-way between any two signs to which a spacing requirement applies that are so located on either side of the street that a face of each sign is visible at any one time by approaching traffic.

(332) Sign, Temporary: a sign, including banners, pennants, flags, searchlights, twirling signs, sandwich type signs, sidewalk or curb signs, balloons or other air or gas filled figures that is displayed for a period of less than thirty days.

(333) Sign, Trailer: a portable sign mounted on a trailer designed for support and movement of the sign. Signs displayed on manufactured homes, construction trailers or recreational vehicles shall be considered vehicle signs.

(334) Sign, Under Canopy: a sign projecting from and beneath a canopy.

(335) Sign, Vehicle: a sign on or within a parked motor vehicle, boat, recreational vehicle, manufactured home or similar vehicle designed to be conspicuously visible for advertising or information purposes from outside the vehicle, other than trailer signs as defined herein; informational, identification or advertising lettering permanently painted on or attached to trucks or other commercial vehicles; transit advertising on buses or taxi cabs; election campaign signs; signs identifying trailer-housed offices or displays on construction sites; and bumper stickers.

(336) Sign, Wall: a sign erected upon or parallel to an outside building wall which does not extend more than twelve inches from the face of the wall or higher than the highest point of the roof or the top of the parapet, whichever is higher.

(337) Sign, Window, Permanent: a sign placed inside or upon a window and visible from outside a building with the purpose of identifying for a period of thirty days or more the proprietor or name of a business.

(338) Sign, Window, Temporary: a sign placed inside or upon a window and visible from outside a building with the purpose of attracting attention for a period of less than thirty days.

(339) Single-Family Dwelling: see "dwelling, single-family".

(340) Single-Family Attached Dwelling: see "dwelling, single-family attached".

(341) Single-Family Detached Dwelling: see "dwelling, single-family detached".

(342) Single Room Occupancy (SRO): is a residential facility in which furnished rooms are rented on a weekly or monthly basis which provides common facilities and services for laundry, cleaning and meals.

(343) Site Area, Net: the acreage of land excluding the rights-of-way of streets within and bordering a development.

(344) Slaughterhouses: Any establishment within the city in which cattle, swine, sheep, goat, or any such animal are slaughtered for meat intended for human consumption.

(345) Smoke Units, Number of: the number obtained by multiplying the smoke density in Ringelmann numbers by the time of emission in minutes. For the purpose of this calculation, a Ringelmann density reading is made at least once every minute during the period of observation, each reading is multiplied by the time in minutes during which the emission is observed, and the various products are summed to give the total number of smoke units during the period of observation.

(346) Social Services: Programs and services, both publicly and privately owned, intended to provide aid to disadvantaged, distressed, or vulnerable individuals, families, and communities.

(347) Solid Fence: see "fence, solid".

(348) Sound-Level Meter: an instrument standardized by the American Standards Association for measurement of the intensity of sound.

(349) Soup Kitchen, Transient Lodging, or Shelters for Homeless: Meal and/or housing center funded by a nonprofit or government agency designed to aid unhoused persons or persons without immediate access to food, water, and shelter on an emergency basis.

(350) Spot Zoning: the singling out of a lot or small area for discriminatory or different treatment from that accorded surrounding land which is similar in character, and which is not in conformance with a comprehensive plan.

(351) Staffing Centers: An agency that provides staffing or employment services including referrals, recruitment, and job placement.

(352) Storage Garage: see "garage, storage".

(353) Story: that portion of a building included between the top surface of any floor and the top surface of the floor next above, or, if there is no floor above, the ceiling next above. A basement shall be counted as a story but a cellar shall not.

(354) Story, Half: a space under a sloping roof where the line of intersection of roof decking and wall is not more than three feet above the top floor level and in which space not more than sixty percent (60%) of the floor area is completed for principal or accessory use.

(355) Street: a public or private right-of-way as defined herein that affords a primary means of motor vehicle access to abutting property and/or provides for the movement of traffic.

(356) Street Clock: any timepiece erected upon a standard on a street, alley, sidewalk or private outdoor space visible from a public street or upon the exterior of any structure for the convenience of the public and for advertising purposes.

(357) Street Furniture: all appurtenances to streets and sidewalks located on or above the ground, including light standards, utility poles and wires, traffic signs and signals, tree guards, waste receptacles, telephone booths, bus shelters, benches, planters, canopies and barricades.

(358) Street Line: the dividing line between a lot, tract or parcel of land and the right-of-way of a continuous existing or dedicated street or planned street included in the Thoroughfare Plan of the City.

(359) Structural Alteration: any change, other than incidental repairs, in the supporting members of a building or structure such as bearing walls, columns, beams or girders or any substantial change in the roof or exterior walls.

(360) Structure: anything erected the use of which requires more or less permanent location on the ground or attachment to something having such a location. An outdoor advertising or business sign or other advertising device, if detached or projecting, shall be construed to be a separate structure. Structures also include buildings, manufactured homes, walls and fences.

(361) Structure, Accessory: means a structure that is an accessory use.

(362) Structure, Temporary: a structure that is established for a period of less than one year and is removed within that period.

(363) Studio Apartment: see "efficiency unit".

(364) Swimming Pool, Private: any artificially constructed body or open tank of water usable for swimming or bathing, whether in or above the ground that:

A. Is not located within a completely enclosed building; and

B. Contains or is normally capable of containing water to a depth at any point greater than 18 inches; and

C. Has a surface area of 150 square feet or more; and

D. Is intended for the exclusive use of the occupants of the principal use of the property on which it is located and their guests.

(365) Tattoo Shops: An establishment that provides body tattooing and piercing with proper approval from the board of health.

(366) Tavern/Bar: see "Bars and Taverns."

(367) Telecommunication Towers: Freestanding tower, mast, or pole, including antenna and other antenna support structures, utilized for transmission, reception, distribution, provision, or offering of telecommunication services.

(368) Temporary Building: see "building, temporary".

(369) Temporary Sign: see "sign, temporary".

(370) Temporary Structure: see "structure, temporary".

(371) Temporary Use: see "use, temporary".

(372) Theatres: An indoor or outdoor facility designed for public and private viewings of a variety of performances or showings.

(373) Through Lot: see "lot, through".

(374) Tourist Home/Air B&B: see "short term rentals."

(375) Townhouse: see "dwelling, townhouse".

(376) Toxic Material: any liquid, solid or gaseous substance which if discharged into the environment could, alone or with other substances likely to be present in the environment, cause or threaten to cause bodily injury, illness or death to members of the general public through ingestion, inhalation or absorption through anybody surface. Substances that are corrosives, irritants, strong sensitizers or radioactive substances shall be considered toxic substances.

(377) Trade Schools: A postsecondary educational institution designed to train students in a specific job or career field.

(378) Trailer: any device or structure on one or more wheels, designed to be drawn by a motor vehicle, and designed or used for carrying persons, property, animals, livestock, agricultural products or produce, building materials, tools, machinery, equipment, boats, commercial goods or other similar items.

(379) Trailer Park: any site under single ownership or control other than a construction site, trailer service or repair facility, trailer manufacturing plant, trailer sales or storage lot, or wrecking yard on which three or more trailers or recreational vehicles are located in the open.

(380) Transportation Facility: all publicly owned modes and means of transporting people and goods, including the physical facilities and other related buildings therefor, and including, but not limited to, highways, rights-of-way, roads and bridges, parking facilities, aviation facilities, port facilities, rail facilities, public transportation facilities, and trails.

(381) Two-Family Dwelling: see "dwelling, two-family".

(382) Uncovered Space: see "space, uncovered".

(383) Unit: see "dwelling unit".

(384) Unit Grouping: a single detached building consisting of multiple dwelling units.

(385) Use: the purpose for which land or structures thereon are designed, arranged or intended or for which they are occupied or maintained.

(386) Use, Accessory: a subordinate land use located on the same lot or parcel as a principal use (except for such off-street parking or off-street loading facilities as may be permitted to be located on a separate lot) and serving a purpose customarily incidental to that of the principal use.

(387) Use, Conditional: a use that because of its special character cannot be allowable generally in a particular zoning district but which may be allowed under special conditions and which is therefore subject to the prior approval of a conditional use permit.

(388) Use, Conditional Public: the use of property other than as permitted public uses as defined herein by a public utility, railroad or governmental body for the provision of public utilities or services, including sewerage, water supply, electricity, gas, public safety, government administration, transportation and communications. Conditional public uses shall include power plants or substations; water or sewage treatment plants, reservoirs or pumping stations; railroad and utility buildings; police and fire stations, municipal buildings and local government offices; and public transportation facilities, including shelters, garages, terminals, parking and turnaround areas, and service buildings.

(389) Use, Permitted: a use allowable generally within a zoning district without a conditional use permit.

(390) Uses, Permitted Public: poles, towers, tunnels, conduits, wires, cables, vaults, laterals, pipes, drains, mains, valves, hydrants and similar distribution equipment for public services or utilities; fire alarms and police call boxes; traffic signals; and pay telephones.

(391) Use, Principal: the main use of a parcel as distinct from an accessory use.

(392) Use, Temporary: a principal or accessory use that is established for a period of less than one year and is discontinued within that time period.

(393) Utilities: Essential services provided to the public by a municipality or by an authorized third-party agency.

(394) Variance, Major: a modification, greater than twenty-five (25%), of the provisions of this Code in accordance with the provisions herein concerning variances in cases where strict enforcement would cause undue hardship as a result of special circumstances affecting an individual property that do not generally affect other properties in the same zoning district.

(395) Variance, Minor: any deviation from a Part 11 Planning and Zoning Code stipulation that is no greater than a twenty-five (25%) deviation of the requirement.

(396) Vision Clearance Triangle: a triangular area located at the at-grade intersection of streets, railroads, driveways, or any combination thereof, formed by the right-of-way lines (or the edge of the driveway or aisle in the case of a driveway) between their intersection and points 30 feet from their intersection along each line (or ten feet in the case of a driveway), and by a straight line connecting these two points.

(397) Vocational Agriculture Education Program: the practice of agriculture for the purpose of school curriculum, including the raising of livestock and the growing, treating, packaging, and storage of produce. Vocational Agriculture Education Program shall be limited to recognized educational institutions, as defined by this code.

(398) Wall, Front: the wall of a building nearest the front lot line that is parallel to or most nearly parallel to such line.

(399) Wall Sign: see "sign, wall".

(400) Warehouse/Distribution Centers: An enclosed structure for the storage of goods for distribution or transfer to another location.

(401) Warehouse, Mini: A facility with enclosed storage space, divided into separate compartments no larger than 500 square feet in size, which is provided for use by individuals to store personal items or by businesses to store materials for operation of a business establishment.

(402) Window Sign: see "sign, window, permanent" and "sign, window, temporary".

(403) Wrecking Yard: any place where there are stored in the open two or more motor vehicles, including automobiles, trucks and construction and farm implements, or trailers, boats or manufactured homes, which are not in operating condition and have not been restored to operation within thirty days of their arrival, or where parts thereof are stored in the open, including any building or structure used for the wrecking or storing of such vehicles or parts.

(404) Yard: an open space on a lot other than a court that is required to remain unoccupied and unobstructed above ground by any structure or part or projection thereof from its lowest level to the sky, except as otherwise permitted in this Code. Yard requirements are measured horizontally irrespective of the slope of the land.

(405) Yard, Corner Side: a yard extending between a corner side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the corner side yard requirements of this Code and also extending the full depth of the lot but excluding any area included in a front yard.

(406) Yard, Front: a yard extending the full width of a lot between the front lot line as defined herein and a line drawn parallel thereto at a distance therefrom equal to that established by the front yard requirements of this Code.

(407) Yard, Interior Side: a yard extending between an interior side lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the interior side yard requirements of this Code and also extending the full depth of the lot but excluding any area included in a front or rear yard.

(408) Yard, Rear: a yard extending the full width of a lot between the rear lot line and a line drawn parallel thereto at a distance therefrom equal to that established by the rear yard requirements of this Code but excluding any portion of a corner side yard.

(409) Yard Sale: a temporary sale open to the public and conducted as an accessory use to a residential premises at which more than five items of personal household property owned and used by members of the household living thereupon are offered for sale and at which no merchandise purchased for resale or obtained on consignment is offered.

(410) Yard, Side: a corner side yard or an interior side yard.

(411) Zero Lot-Line Development: a development of single-family detached residences other than a Planned Unit Development in which one or more yards may be lawfully reduced to zero on any lot for the purpose of creating larger, more usable, and more easily maintained yard spaces.

(Ord. 2024-78. Passed 6-24-24.)

1113.01 APPLICABILITY.

(a) Except as otherwise provided herein, the requirements of this chapter shall apply to all applications submitted under the provisions of this Zoning Code, except certificates of appropriateness, including applications for:

(1) Conditional uses;

(2) Temporary uses;

(3) Planned unit development preliminary plans;

(4) Planned unit development final plans;

(5) Variances;

(6) Sign permits;

(7) Zoning amendments; and

(8) Appeals.

Filing procedures for certificates of appropriateness shall be as provided in Chapter 1119.

(b) Except in the case of a zoning action proposed by Council or a board or commission of the City, any party requesting any City action to which this chapter applies shall file an application on a form provided therefor by the Zoning Administrator. Every such application shall include as a minimum the applicable items provided in Table 1 in Section 1113.13. (Ord. 87-94. Passed 7-27-87.)

1113.02 APPROVAL PROCESS APPLICABILITY.

(a) Except as otherwise provided herein, the approval process herein shall apply to all applications except:

(1) Sign permits;

(2) Temporary uses. (Ord. 95-59. Passed 5-8-95.)

(b) The approval process for the excepted applications shall be as provided in the chapters of this Zoning Code relating to these applications.

(Ord. 87-94. Passed 7-27-87.)

1113.03 PUD OPTIONAL PRE-FILING CONFERENCE.

Prior to filing for approval of a planned unit development preliminary plan, an applicant may request a pre-filing conference with the Planning Commission. An application for the conference together with a filing fee and a technical services fee shall be submitted to the Zoning Administrator.

At the conference the applicant may outline his proposal and submit preliminary information such as a concept plan. The Planning Commission shall advise the applicant concerning in what respects his proposal appears to conform to applicable City plans and ordinances and to desired standards of design.

(Ord. 87-94. Passed 7-27-87.)

1113.04 STAFF REVIEW.

Except in the case of a notice of appeal, the Community Development Director may, together with other departments, consultants and officials of the City, prepare a written review of the application. Such review shall be forwarded to the Planning Commission, Board of Zoning Appeals or Design Review Board, as applicable, no later than seven days before the scheduled public hearing date.

The staff may advise and assist the applicant in meeting Code requirements but shall have no power to approve or disapprove any filing or in any way restrict the applicant's right to seek formal approval thereof.

(Ord. 87-94. Passed 7-27-87.)

1113.05 HEARING PROCESS.

(a) Applications Requiring Hearing.

(1) For any action that requires a public hearing, the provisions herein shall be complied with. Applications that require a hearing are:

A. Amendments (re-zonings);

B. Variances, except Minor Variances;

C. Staff Referred Conditional Uses, including planned unit development preliminary plans but not planned unit development final plans;

D. Appeals; and

E. Certificates of appropriateness.

(2) Applications that require an informal hearing before the Planning Commission are:

A. Amendments; and

B. Conditional use approval of planned unit development preliminary plans but not planned unit development final plans.

(3) Hearings shall be held by the Planning Commission, Board of Zoning Appeals, Design Review Board or Council as provided in this Zoning Code in the sections dealing with each type of application.

(4) Joint hearings. When an application requires action by two or more City Planning Review Boards, excluding City Council, a joint public hearing may be held. The intent of the joint hearing is to allow members of the different Boards to hear relevant testimony, to participate in discussions on the application, and to minimize the review time when more than one Board is involved.

The Chairman of the Board having initial jurisdiction on the application shall chair the joint hearing. Each Board shall operate according to their respective provisions as provided in this Zoning Code. A separate "notice of decision" and appropriate "certificate" and/or "permit" shall be issued by each Board.

(b) Public Notice. The requirements for public notice herein shall be complied with for any zoning action that requires a hearing.

(c) Notification to Petitioner by Objectors. Any attorney employed by any objector to any petition requiring a hearing shall notify the petitioner that he or she has been so retained and shall file an objection at the hearing. Such notice shall be delivered no later than four days before the scheduled date of the hearing. If such notice has not been given, and the petitioner so requests; the body conducting the hearing may reschedule the hearing.

(d) Public Hearing, Subpoenas and Witnesses.

(1) Upon receipt of a complete and accurate application, no later than by the filing deadline established by the Department, for a zoning action requiring a hearing, the Zoning Administrator shall transmit the application to the next regularly scheduled Planning Commission, Board of Zoning Appeals, Design Review Board or Council meeting as provided herein, which shall hold a hearing on the application.

(2) Applicants shall have the right to have subpoenas issued by the City for persons or documents, to present witnesses and to cross-examine all witnesses testifying at the public hearing.

(3) The Chairman or Acting Chairman or President of Council, as appropriate, may compel the attendance of witnesses. All testimony by witnesses shall be given under oath administered by the Chairman, Acting Chairman or President of Council.

(e) Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board. The Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board may not defer voting on any petition for more than one meeting unless the petitioner approves any further postponement.

Within ten days after the close of the public hearing, the Secretary to the Planning Commission, Board of Zoning Appeals, Historic Preservation Board or Downtown Design Review Board shall prepare a report consisting of written findings of fact pertaining to the approval criteria provided herein for the applicable zoning action together with an action on the application, passed by a majority vote of its members, and any conditions or restrictions to which the action is to be subject. The report shall include the roll call vote on the action.

The action taken by the Planning Commission shall be in the form of a recommendation for final action by Council. The action taken by the Board of Zoning Appeals shall constitute final action on the application, subject only to review in the Court of Common Pleas.

In the case of an application for a variance or a planned unit development, the action may include any modification of normal requirements that is authorized by this Code.

(f) Mailing of Report. The Zoning Administrator shall mail a copy of the report to the petitioner and to those who request one. The report of the Planning Commission shall be mailed not less than five days prior to Council meeting at which the report is to be acted upon.

(Ord. 18-76. Passed 7-23-18.)

1113.06 COUNCIL ACTION ON AMENDMENTS AND PUDS.

The Planning Commission shall transmit to Council its report within ten days after the close of the informal hearing held by the Commission. Council shall act upon applications heard by the Commission (amendments and conditional use approval of planned unit developments) but not upon applications decided by the Board of Zoning Appeals or Design Review Board. It shall not act upon any application requiring a public hearing until either it has received a report thereupon from the Planning Commission or until ten days have elapsed from the close of the informal hearing held by the Commission thereupon.

Council shall hold a public hearing in accordance with the provisions on hearing process herein except for public notice. Council shall give at least thirty days’ notice of the time and place of the hearing in a newspaper of general circulation. If the action is to rezone ten or less parcels of land, a written notice of the public hearing shall be mailed to property owners within 200 feet in all directions from the boundaries of the subject property by the Clerk of Council by first class mail at least twenty days before the date of the public hearing.

Council shall not approve any application unless it finds that the zoning action applied for meets applicable approval criteria provided herein. A vote of three-fourths of the membership of Council shall be required to take any action different from that recommended by the Planning Commission.

In the case of a planned unit development, Council may make its approval subject to any conditions or restrictions it finds necessary to assure compatibility with the vicinity of the subject property. Council may also set time limits within which such conditions or restrictions shall be complied with. (Ord. 87-94. Passed 7-27-87; Ord. 95-59. Passed 5-8-95.)

1113.07 ISSUANCE OF PERMIT OR CERTIFICATE.

The Zoning Administrator shall issue a conditional use permit, certificate of appropriateness or other permit or certificate approved by the Zoning Board of Appeals, Design Review Board, Planning Commission or Council within five business days after approval thereof unless the approving body directs otherwise. The permit or certificate shall specify any conditions or restrictions to which such body has made its approval subject. The Zoning Administrator shall advise the applicant in writing of any denial by such body and the reasons therefor within five business days of the decision. (Ord. 87-94. Passed 7-27-87.)

1113.08 REVOCATION OF PERMIT OR CERTIFICATE.

(a) The Zoning Administrator may revoke any permit or certificate issued hereunder:

(1) If the action taken after the permit or certificate is issued is not consistent with plans and information submitted in support of the application therefor; or

(2) If any applicable provisions of this Zoning Code or any conditions or restrictions imposed in connection with approval of the permit or certificate are not complied with; or

(3) If after they are initially complied with, compliance with such conditions or restrictions is not maintained at any time; or

(4) In the case of a conditional use permit (including permits for planned unit developments) or certificate of appropriateness; if:

A. The use or alteration is not established, or any required building permit is not obtained and building started, within one year of the date the permit or certificate is issued; or

B. The use shall cease for more than one year; or

C. In the case of a planned unit development, if construction is not completed within the time specified in the approved construction schedule or any extension thereof granted by Council.

(b) The Zoning Administrator shall give the permittee or certificate holder fifteen business days notice of any intended revocation and the reasons therefor and an opportunity within that period to answer any charges of noncompliance or to propose measures to bring the permitted action into compliance within a reasonable time. (Ord. 87-94. Passed 7-27-87.)

1113.09 RESUBMISSION.

Except as otherwise provided herein, no application that has been denied by Council, Board of Zoning Appeals or Design Review Board shall be resubmitted within one year of the date of denial except on the grounds of new factual evidence or a change in conditions found to be valid by the Planning Commission, Board of Zoning Appeals or Design Review Board, whichever has initial jurisdiction over the application. (Ord. 87-94. Passed 7-27-87.)

1113.10 FILING FEES AND TECHNICAL SERVICES FEES.

(a) All applications shall be accompanied by a filing fee.

(Ord. 87-94. Passed 7-27-87.)

(b) An additional fee above the required filing fee to cover the costs of any technical services necessary for the review and processing of the application - such as engineering, planning, legal or court reporter services - shall also be paid except for applications initiated by the City or applications for:

(1) Minor variances.

(2) Temporary uses.

(3) Sign permits.

(Ord. 01-48. Passed 5-14-01.)

(c) The amounts of such fees shall be as determined from time to time by Council. A schedule of current fees shall be made available in the Zoning Administrator’s office of the Community Development Department. (Ord. 95-59. Passed 5-8-95.)

(d) The maximum filing fee for a minor variance shall be twenty-five dollars ($25.00) or such other amount as Council may hereafter establish.

(Ord. 87-94. Passed 7-27-87.)

1113.11 DISCLOSURE OF INTEREST.

(a) The party signing the application shall be considered the applicant.

(b) An applicant shall be the fee owner or trustee of record, trust beneficiary, lessee, contract purchaser or option holder of the subject property or his or her agent or nominee.

(1) Applicant is not fee owner. If the applicant is not the fee owner of record of the subject property, the application shall disclose the legal capacity of the applicant and the full names, addresses and telephone numbers of all owners.

In addition, an affidavit of the fee owner or owners shall be filed with the application stating that the applicant has authority from the owner to make the application.

(2) Applicant or fee owner is corporation or partnership. If the applicant, fee owner, contract purchaser, option holder or any beneficiary of a trust is a corporation, the application shall disclose the names and addresses of the corporation's officers, directors and registered agents, or the partnership's general partners and those shareholders or limited partners owning in excess of five percent (5%) of the outstanding stock or interest in the corporation or interest shared by the limited partners.

(3) Applicant or owner is a trust. If the applicant or fee owner is a trust or trustee thereof, the full name, address, telephone number and extent of interest of each beneficiary shall be disclosed in the application.

(c) Disclosure of present ownership interests shall be accompanied by a statement by the applicant of proposed ownership of all land.

(d) In the event of a change in ownership between the time the application is filed and the time of the public hearing, such change shall be disclosed by affidavit no later than the time of the hearing.

(e) For any application for a sign permit, the application shall disclose the ownership of the sign and the ownership or management of the premises on which it is to be displayed. For an application for either a sign permit or a temporary use permit, the application shall include the written permission of the owner or manager of the premises on which the sign or temporary use is to be located. A manager providing such permission shall furnish satisfactory evidence of his or her authority to act on behalf of the owner.

(Ord. 87-94. Passed 7-27-87.)

1113.12 PUBLIC NOTICE.

(a) Except as otherwise provided herein, public notice of a hearing shall be provided for any action that requires a public hearing or informal hearing.

(1) Zoning actions that require a public hearing are:

A. Amendments (re-zonings);

B. Variances, except Minor Variances;

C. Special Use Permits, including planned unit development preliminary plans but not planned unit development final plans;

D. Appeals; and

E. Certificates of appropriateness.

(2) Applications that require an informal hearing before the Planning Commission are:

A. Amendments; and

B. Conditional use approval of planned unit development preliminary plans but not planned unit development final plans.

(b) The required notice shall consist of the following actions:

(1) Written notification. Except in the case of applications for minor variances, appeals and comprehensive amendments to the Code initiated by the City, the Zoning Administrator shall also provide written notice of a public hearing to the owners of record of each parcel of real estate, located within the corporate limits of the City, included within the subject property and within 200 feet in all directions from the boundaries thereof. In the case of an informal hearing, written notice shall be provided to the owners of record of properties included within, abutting or across a street or alley from the subject property.

The owners of record for this purpose shall be considered those appearing on the records of Muskingum County or those who paid property taxes for the most recent year according to the County records.

The written notice shall be delivered in person or by first class mail, not less than ten days prior to the scheduled date of any public hearing or informal hearing.

The written notice shall be substantially in the form of notice provided by the Zoning Administrator.

It shall contain:

A. The name and address of the owner and the applicant, if different from the owner;

B. The street address, legal description and a simple description of the location of the subject property that shall enable the ordinary reader to accurately locate it;

C. The zoning action requested; and

D. The date, time and location of the public hearing thereupon.

(2) Newspaper publication. The City shall publish a notice for all zoning actions that require a public hearing. This requirement shall apply to all amendments, including comprehensive amendments initiated by the City.

The notice shall be published once in a newspaper of general circulation not less than ten days before the scheduled date of the hearing. The published notice shall contain the same information as is required for written notification herein.
(Ord. 18-76. Passed 7-23-18.)

1113.13 REQUIRED CONTENTS OF APPLICATION FILINGS.

Applications for review by the City’s Planning/Zoning Administrator, Board of Zoning Appeals, Design Review Board, Downtown Design Review Board and Planning Commission:

(a) Shall be filed in accordance with the procedures in Chapter 1113;

(b) Shall be filed with the City on forms provided by the City;

(d) Shall be submitted by the application deadline as established by the City;

(e) Shall be signed by the applicant and owner attesting to the trust and exactness of all information supplied on the application. (Ord. 17-02. Passed 2-13-17.)

1113.14 TABLE 2: REQUIRED CONTENTS OF SITE PLAN.

					Conditional Uses
	Uses with Parking*	Map Amend- ment	Variance except Minor Variance	Uses with Landsc. Strip**	All Condi- tional Uses	PUD Prelim. Plan***	Zero Lot Line Housing
Ten copies of site plan showing:
(1) Scale: number of feet to one inch****	100	100	100	100	100	100	100
(2) Numeric and graphic scales, north arrow and date of preparation.	x	x	x	x	x	x	x
(3) Boundaries of the development and of each phase thereof.	x	x	x	x	x	x	x
(4) Lot lines and dimensions and areas of lots.	x	x	x	x	x	x	x
(5) Easements and encroachments	x	x	x	x	x	x	x
(6) Data indicating for each development phase:
A. Number of dwelling units broken down by number of bedrooms.	-	x	x	-	x	x	x
B. Number of lots.	-	x	x	-	x	x	x
C. Gross and net site area.	-	x	x	-	x	x	x
D. Land area devoted to streets, off-street parking, off-street loading, recreation space and each housing and land use type.	-	x	x	-	x	x	x
(7) Drainage. Existing and proposed drainage patterns.	x	-	-	-	-	x	-
(8) Existing Landscaping. Existing wooded areas and isolated trees six inches or more in diameter at one foot above ground level.	-	-	-	x	-	x	-
(9) Structures. Location, type, shape, dimensions, floor space, orientation, height in feet, finished grade elevations at all entrances and corners, and number of stories of all existing and proposed structures, including buildings, signs, fences, walls, screening, bridges, culverts, exterior lighting fixtures, and entrance features.	x	x	x	-	x	x	x
(10) Parking, Loading and Service. Location, shape, dimensions and area of off-street parking and loading spaces and areas, outside storage and refuse disposal and service areas, including aisles, curbing, surface type, driveways and curb cuts.	x	x	x	-	x	x	x
(11) Topography. Map showing existing contours at two-foot intervals and proposed grading and contours.	-	-	-	-	-	x	-
(12) Government Boundaries. Current school district and municipal boundary lines on or adjacent to site.	-	-	-	-	-	x	-
(13) Circulation. Existing and proposed number, location, alignment, dimensions, design and construction standards, of all public and private thoroughfares, sidewalks, pedestrian and bicycle paths, railroad rights-of-way, curb cuts and driveways, and distance of property lines to nearest existing intersections.	-	x	-	-	x	x	-
(14) Common or Public Areas. The number, location, acreage, dimensions, proposed ownership and provisions for maintenance of any proposed recreational and nonrecreational common open spaces.	-	-	-	-	-	x	x
(15) Water Bodies. Dimensions and locations of existing and proposed natural or artificial bodies of water, flood plains, marsh areas, drainage ditches, wet or dry stormwater detention or retention areas, and any proposed modifications to existing water courses or water bodies.	-	-	-	-	-	x	-
(16) Subsurface Conditions. Data on subsurface soil, rock and groundwater conditions.	R	R	-	-	R	x	R
(17) Utilities. Size, purpose and location of existing and proposed public and private utilities, utility easements and drainage facilities on or within 100 feet of the property. Locations of existing and proposed hydrants, catch basins, manholes and valves.	-	-	-	-	-	x	-
(18) Proposed Landscaping.	R	-	-	x	x	x	x
A. Location, quantity, diameter, installation height, maturity height, botanic name and common name, of all proposed living and nonliving landscaping materials and existing materials to be preserved.
B. Types and boundaries of proposed ground cover.
C. Location and contours at one-foot intervals of all proposed berming.
D. Dimensions and appearance of all sides of proposed fences, walls, ornamental lighting and other landscaping and screening treatments.
E. Measures to be taken to protect new and preserved existing trees during construction.
(19) Any other information the Planning Commission, Board of Appeals or Design Review Board requires to determine whether the application conforms to the requirements of this Code.	x	x	x	x	x	x	x

Notes for Table 2

x: Required for all site plans.

-: Not required for any site plan.

R: Required upon request of Board of Zoning Appeals, Planning Commission or Design Review Board, whichever body has jurisdiction, or of the Zoning Administrator.

* Uses providing over four parking spaces for applications specified in Chapter 1149.

** All uses required to provide any screening or planting strip in Chapter 1151.

*** PUD preliminary plan may contain generalized, estimated or approximate information for proposed development features required by this table except where the Planning Commission requires more specific or firm information. PUD final plan shall be final version of preliminary plan approved by Council and shall include specific, firm information and final engineering plans and specifications. The final plan shall conform to all requirements for a final plat in the City Subdivision Regulations (Chapter 1193 of the Planning and Zoning Code) even if no subdivision of land is involved in the PUD.

**** Or such other scale as the Zoning Administrator or Board of Zoning Appeals, Planning Commission or Design Review Board shall require.

(Ord. 87-94. Passed 7-27-87.)

1113.15 TABLE 3: APPROVAL PROCEDURE STEPS.

	Map Amend- ment	Variance	Temporary Use	Sign Permit	Appeal	PUD Prelim. Plan	PUD Final Plan	Special Uses	Certif. of Approp. & Condi- tional Uses *


(1) Board of Zoning Appeals action	-	X	X[a]	-	X	-	-	X	--

(2) Planning Commis- sion action	X	-	-	-	-	X	X	-	-
(3) HPB action	-	-	-	HO	-	HO	HO		HO
(4) Public hearing before Council	X	-	-	-	-	X	-	-	-
(5) Council action	X	-	-	-	-	X	X	-	-
(6) Permit issuance by Zoning Administ rator	-	X[b]	X	X	-	-	X	X	X

Notes for Table 3

* Certificate of appropriateness as provided in Chapter 1119.

[a] May be scheduled at applicant's option.

[b] Required only for temporary use established for over sixty days.

HO: In HO District only.

(Ord.18-76. Passed 7-23-18.)

1113.16 TRAFFIC IMPACT STUDY.

A Traffic Impact study shall be required by the Community Development Director or his or her designee, if a site meets one or more of the following conditions:

(a) A Traffic Impact Study shall be required when proposed or existing development would be expected to generate more than one hundred (100) directional trips during the peak hour of generation or five hundred (500) trips in an average day.

(b) Traffic Impact Study shall be required for new phases or changes to an existing development where a traffic study is more than two (2) years old and roadway conditions have changed significantly (volumes increasing more than two percent (2%) annually).

(c) Traffic Impact Study may be required for any proposed change in or to permitted, conditional, or special uses on an existing site.

(d) A traffic impact study shall be required for any expansion, alteration, new construction or addition to all commercial, office, industrial or multi-family residential developments.

(e) A Traffic Impact Study shall be required for all proposed subdivisions and Planned Unit Developments.

(Ord. 2020-131. Passed 11-23-20.)

1113.17 TRAFFIC IMPACT STUDY WAIVER.

A Traffic Impact Study may be waived at the discretion of the Community Development Director in accordance with any of the following:

(a) The proposed change in land use is similar to the scope and intensity to the existing land use on the site;

(b) The footprint of the existing development is not to be altered or amended;

(Ord. 2020-131. Passed 11-23-20.)

1113.18 TRAFFIC IMPACT STUDY CONTENTS.

All traffic impact studies shall include the following items:

(a) A Description of the Site, Surroundings, and Study Area. Illustrations and a narrative shall describe the characteristics of the site and adjacent roadway system (functional classification, lanes, speed limits, etc.). This description shall include surrounding land uses, expected development in the vicinity which could influence future traffic conditions, special site features and a description of any planned roadway improvements. The study shall define and justify the study area selected for analysis.

(b) Description of the Proposed Development. A description of factors such as the number and types of dwelling units, the gross and usable floor area, the number of employees, and shift change factors. Intended phasing or future expansion shall also be noted.

(c) Description of Existing Traffic Conditions. Existing conditions including existing peak hour traffic volumes (and daily volumes if applicable) on street(s) adjacent to the site. Existing counts and levels of service for intersections in the vicinity, which are expected to be impacted, shall be provided. Traffic count date shall not be more than two (2) years old.

(d) Roadway Characteristics Shall Be Described and Illustrated, as Appropriate. Features to be addressed include land configurations, geometries, signal timing, traffic control devices, posted speed limits, average running speeds, and any sight distance limitations. Existing levels of service shall be calculated for intersections included within the study area. The existing right of way shall be identified along with any planned expansion of the right of way. Existing driveways and potential turning movement conflicts in the vicinity of the site shall be illustrated and described.

(e) Background Traffic Growth. For any project requiring a Traffic Impact Study with a construction completion date beyond one (1) year at the time of the traffic study, the analysis shall also include a scenario analyzing forecast traffic at date of construction completion.

(f) Trip Generation. Forecasted trip generation of the proposed development for the a.m. (if applicable) and p.m. peak hour and average day shall be calculated. This forecast shall be based on the data and procedures outlined in the most recent edition of Trip Generation published by the Institute of Transportation Engineers (ITE).

(g) Phased Projects. For projects intended to be developed in phases, the trip generation by phase shall be described.

(h) Methodology. A description of the application of standard engineering procedures for determining the distribution shall be attached (trip distribution model, market studies, counts at existing driveways, etc.).

(i) Impact Analysis. Level of service or "capacity" analysis at the proposed access points using the procedures outlined in the most recent edition of the Highway Capacity Manual published by the Transportation Research Board shall be provided. Before and after capacity analyses shall be performed for all street intersections where the expected traffic generated at the site will comprise at least five percent (5%) of the existing intersection capacity.

(j) Access Design/Access Management Standards. The study shall include a map and description of the location and design of proposed access (driveways or new street intersections) including: any sight distance limitations, dimensions from adjacent driveways and intersections within a minimum of two hundred fifty feet (250 ft.) on either side of the main roadway, data to demonstrate that the number of driveways proposed is the fewest necessary, and support that the access points will provide safe and efficient traffic operation.

(k) Other Study Items. In addition to the above information required for the Traffic Impact Study, the study shall also include the applicable information for the proposed development as follows:

(1) Need for, or provision of, any additional right of way where planned or desired by the applicable transportation agency.

(2) Changes that should be considered to the site plan layout.

(3) If the use involves a drive through facility, the adequacy of the queuing area shall be evaluated.

(4) If a median crossover is desired, separate analysis shall be provided.

(5) If a traffic signal is being requested, the applicable traffic signal warrants shall be provided along with an analysis of traffic progression along the roadway through coordination with other signals.

(6) Description of site circulation and available sight distances at site driveways.

(7) Description of opportunities to define pedestrian circulation to and from the site, and any anticipated impact relative to existing or planned bike/walking trails and/or dedicated bike lanes in roadways. The weight and relative importance of such considerations shall be proportional to the size of the proposed development and proximity of existing or planned bike or walking trails and/or dedicated bike lanes.

(8) The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The responsibility for construction and timing of roadway improvements shall be described.

(9) Mitigation/Alternatives. The Traffic Impact Study shall outline mitigation measures and demonstrate any changes to the level of service achieved by these measures. Any alternatives or suggested phasing of improvements shall be described. The mitigation measures may include items such as roadway widening, turn lane geometries, changes to signalization, elimination or combination of access points, or reduction in the proposed intensity of use. Any applicable local or State agency shall review proposed mitigation measures. The responsibility for construction and timing of roadway improvements shall be described.

(10) Qualifications. Any Traffic Impact Study involving roadway or traffic signal design work shall be prepared by, or under the supervision of, a registered engineer (P.E.) with specific training in traffic engineering. The Traffic Impact Study shall include a resume of the preparer responsible for the report. The Traffic Impact Study may also include relevant experience of the preparer's firm.

(Ord. 2020-131. Passed 11-23-20.)

1115.01 PURPOSE.

Because of special characteristics of particular properties in the City, the literal application of the provisions of this Zoning Code may in certain instances create hardships not intended by these regulations. The Board of Zoning Appeals may accordingly grant variances from the literal application of the provisions of this Code based on findings of fact as provided in this chapter. Variances herein shall be considered the same as variations under the Ohio Revised Code.

(Ord. 19-145. Passed 1-13-20.)

1115.02 APPROVAL PROCESS.

Variances shall be approved only in conformance with the approval process provided in

Chapter 1113 and the approval criteria in Table 4, Section 1115.06. Minor variances may be reviewed and approved by the Planning and Zoning Administrator or referred to the Board of Zoning Appeals for cause. (Ord. 19-145. Passed 1-13-20.)

1115.03 APPROVAL CRITERIA FOR USE VARIANCES.

A use variance allows for a use to occur on property that is not permitted within the zoning district the property is located in. Use variances are specific and substantial thus they require special conditions the Board must consider when making a decision. In granting approval or conditional approval of a use variance, the Board of Zoning Appeals shall prepare written findings of fact that the majority of the conditions below apply to the application.

(1) The property cannot be put to any economically viable and appropriate use under any of the permitted uses in the zoning district;

(2) The Variance requested stems from conditions that are particular to the subject property and are not applicable, generally, to other properties within the same zoning classification;

(3) The hardship condition is not created by actions of the applicant;

(4) Granting of the variance will not adversely affect the rights of adjacent property owners or residents;

(5) Granting of the variance will not adversely affect the community character, public health, safety or general welfare;

(6) The Variance will be consistent with the general spirit and intent of the Zoning Code;

(7) The Variance sought is the minimum that will afford relief to the applicant;

(8) The applicant's predicament feasibly cannot be resolved through some method other than a variance; and

(9) Granting of a variance would not adversely affect the delivery of government services. (Ord. 19-145. Passed 1-13-20.)

1115.04 MINOR VARIANCES.

The purpose of minor variance procedures is to reduce the time and expense to applicants

obtaining approval of simple variances that are likely to have minimal adverse impact.

The fee owner, contract purchaser or option holder of one parcel or lot that wishes to request a variance for that property may apply under minor variance procedures.

Filing submissions shall be as determined on a case-by-case basis by the Planning and Zoning Administrator and may be less than required for other variances in Table 1, Section 1113.13. The Planning and Zoning Administrator may refer any Minor variance to the Board of Zoning Appeals for cause. Minor variance procedures shall not apply to an application involving more than one residential dwelling or more than one commercial parcel. The applicant has the right to appeal a Minor Variance decision to the Board of Zoning Appeals.

(Ord. 19-145. Passed 1-13-20.)

1115.05 EXISTING VARIANCES.

Any lawful variance previously granted to any lawful use existing on the date of adoption of this Zoning Code or any amendment thereto that requires a variance under such Code or amendment, shall be considered a lawful variance without the need for approval of a variance hereunder.

(Ord. 19-145. Passed 1-13-20.)

1115.06 TABLE 4: APPROVAL CRITERIA FOR AREA VARIANCES.

In granting approval or conditional approval of an area variance, the Board of Zoning Appeals shall prepare written findings of fact that the majority of the conditions below apply to the application:

1. Special Circumstances Not Found Elsewhere. Special circumstances, fully described in the written findings, exist that are peculiar to the property for which the variance is sought and that do not apply generally to other properties in the same zoning district. And these circumstances are not of so general or recurrent a nature as to make it reasonably practical to provide, in the form of an amendment to this Code, a general regulation to cover them.

2. Circumstances Relate to the Property Only. Since a variance will affect the character of its surroundings long after a property changes hands, the special circumstances referenced herein relate only to the physical character of the land or building( s) for which a variance is sought, such as dimensions, topography or soil conditions. They do not concern any business or activity the present or prospective owner or tenant carries on, or seeks to carry on, therein, nor to the personal, business or financial circumstances of such owner or tenant or any other party with interest in the property.

3. Unnecessary Hardship. For reasons fully set forth in the written findings, the literal application of the provisions of this Zoning Code would result in unnecessary and undue hardship or practical difficulties for the applicant, as distinguished from mere inconvenience.

4. Not Resulting from Applicant Action. The special circumstances, practical difficulties or hardship that are the basis for the variance have not resulted from any act, undertaken subsequent to the adoption of this Code or any applicable amendment thereto, of the applicant or of any other party with a present interest in the property, such as knowingly authorizing or proceeding with construction or development requiring any variance, permit or approval hereunder prior to obtaining such variance, permit or approval.

5. Preserves Rights Conferred by District. A variance is necessary for the applicant to enjoy a substantial property right possessed by other properties in the same zoning district and does not confer a special privilege ordinarily denied to other properties in the district.

6. Necessary for Use of Property. The granting of a variance is necessary not because it shall increase the applicant's economic return, although it may have this effect, but because without a variance the applicant shall be deprived of reasonable use or enjoyment of, or reasonable economic return from, the property.

7. Not Alter Local Character. The granting of the variance shall not alter the essential character of the locality nor substantially impair environmental quality, property values, or public safety or welfare in the vicinity.

8. Consistent With Code and Plan. The granting of a variance shall be in harmony with the general purpose and intent of this Code and of the Comprehensive Plan of the City, as viewed in light of any changed conditions since their adoption.

9. Minimum Variance Needed. The variance approved by the Board of Appeals or Planning and Zoning Administrator is the minimum required to provide the applicant with reasonable use and enjoyment of his property.

(Ord. 19-145. Passed 1-13-20.)

1115.07 DEFINITIONS.

A Minor variance is defined as any deviation from a Part 11 Planning and Zoning Code stipulation that is less than a twenty-five percent (25%) deviation of the requirement.

(Ord. 19-145. Passed 1-13-20.)

1117.01 PURPOSE.

To adapt to changing development conditions and provide for the phased implementation of the City Comprehensive Plan, the Planning Commission may from time to time recommend, and Council may adopt, amendments to the provisions of the text of this Zoning Code, or the Zoning District Map, as provided by the Ohio Revised Code.

(Ord. 87-94. Passed 7-27-87.)

1117.02 APPROVAL PROCESS.

Amendments shall be approved only in conformance with the approval process provided in Chapter 1113. Map amendments shall be approved only in conformance with applicable approval criteria in Tables 5 and 6, Sections 1117.03 and 1117.04.

(Ord. 87-94. Passed 7-27-87.)

1117.03 TABLE 5: APPROVAL CRITERIA FOR ZONING MAP AMENDMENTS.

In recommending approval or conditional approval of a map amendment, the Planning Commission shall transmit to Council written findings of fact that all of the conditions below apply to the application. In granting approval or conditional approval, Council shall similarly find that all of the following conditions apply:

1. Compatible With Use or Zoning of Environs.

The proposed use(s) or the uses permitted under the proposed zoning classification are compatible with existing uses or existing zoning of property in the environs.

2. Supported by Trend of Development.

The trend of development in the general area since the original zoning of the affected property was established supports the proposed use or zoning classification.

3. Consistent with Comprehensive Plan Objectives.

The proposed use or zoning classification is in harmony with the objectives of the Comprehensive Plan of the City as viewed in light of any changed conditions since its adoption.

4. Furthers Public Interest.

The proposed use or zoning classification promotes the public interest and not solely the interest of the applicant.

(Ord. 87-94. Passed 7-27-87.)

1117.04 TABLE 6: APPROVAL CRITERIA FOR REZONING TO HO DISTRICT.

In recommending approval or conditional approval of an amendment placing any property or area in the HO Historic Overlay District, the Planning Commission shall transmit to Council written findings of fact that all of the conditions below apply to the application. The Design Review Board may recommend such amendment to the Planning Commission. In granting approval or conditional approval, Council shall similarly find that all of the following conditions apply:

1. Significance.

The property or area possesses at least one of the following:

A. Historic Significance.

It has special value associated with a site, person, group, organization or event of local, State or national historic significance.

B. Cultural Significance.

It has special value as part of local, State or national development, heritage or culture.

C. Architectural Significance.

It has special value as:

1. The work of a master builder or designer; or

2. The embodiment of design elements that make it architecturally innovative, excellent or otherwise significant; or

3. The basis for the study of a period or style of architecture or construction.

2. Suitability for Preservation.

The property or area is largely suitable for preservation or restoration.

3. Consistent With Economic Use of Property.

The placement of the property or area in the HO District shall not deprive the affected property owners of reasonable use of or reasonable economic return from their property.

4. Consistent With Adjacent Property or Preservation Plan.

The placement of the property or area in the HO District is consistent with the historic significance or HO zoning of adjacent property or with a plan for preserving all suitable properties, or areas of historic, cultural or architectural significance in the City and does not represent an arbitrary imposition only upon certain properties or areas with such significance.

(Ord. 87-94. Passed 7-27-87.)

1117.05 APPROVAL CRITERIA FOR ALLEY VACATIONS.

In recommending approval or conditional approval of an alley vacation, the Planning Commission shall transmit to Council written findings of fact that all of the conditions below apply to the application. In granting approval or conditional approval, Council shall similarly find that all of the following conditions apply:

1. Recent Trend of Development.

Is the request supported by or will it serve the recent trend of development in the immediate area?

2. Access to Adjacent Properties.

Does the alley provide access to other properties that abut the alley? If so, do these properties have other means of access?

3. Future Development Plans.

Is the alley vacation necessary for future development plans?

4. Public Utilities.

Will future development plans allow for public utility easements if and/or when needed by the City? (Ord. 95-59. Passed 5-8-95.)

1119.01 PURPOSE.

To assure that environmental changes affecting historic properties are consistent with the purposes of the HO District, the Historic Preservation Board and the Downtown Design Review Board shall review applications for certificates of appropriateness. "Board" shall refer to the both the Historic Preservation Board and the Downtown Design Review Board except where stated otherwise. (Ord. 2020-130. Passed 11-23-20.)

1119.02 WHEN REQUIRED.

(a) A certificate of appropriateness shall be required for any property in an HO District prior to:

(1) The issuance of any building permit, demolition permit, certificate of compliance, or sign permit for such property; or

(2) The removal of any tree on such property; or

(3) Any action causing, in the judgment of the Zoning Administrator, a material change in, addition to or removal of:

A. The external architectural features of any structure on such property, including the kind, color and texture of exterior building materials and the type, character and design of doors, windows, signs, light fixtures, moldings, railings and other appurtenances or any exterior change to a principal or existing accessory structure that in the judgement of the Zoning Administrator constitutes a major exterior change to the property.

(b) No certificate shall be required for:

(1) Routine maintenance and repair that does not involve structural change or significant change, in the judgment of the Zoning Administrator, to material, design, texture, color or other aspects of the outer appearance of a property; or

(2) Any construction, alteration or demolition which in the judgment of the Zoning Administrator is required for public safety because of imminent peril to life, health or property.

(1) For the purpose of this Chapter, a minor alteration shall be defined as being any exterior change that does not drastically alter the historical or architectural integrity of a property located within the Historic Overlay or the Downtown Arts and Culture Overlay.

(2) A certificate of appropriateness may be administratively approved by the Zoning Administrator if, in the judgement of the Zoning Administrator, the proposed minor alteration abides by the City of Zanesville Design Guidelines for a material change in, addition to, or removal of the following:

A. Landscaping, fencing, parking facilities, street furniture on or abutting such property, accessory structures under 300 square feet, roof replacements, swimming pools, and other accessory structures;

B. Other exterior changes to properties that, in the judgement of the Zoning Administrator, meet the criteria for a minor alteration.

(3) The Zoning Administrator shall transmit a record of all administratively approved minor alteration decisions to the Board on a quarterly basis.

(4) The Zoning Administrator shall inform the Board of any and all administratively approved minor alterations within thirty (30) days of approval. (Ord. 2020-130. Passed 11-23-20.)

1119.03 APPROVAL PROCESS.

An application for a certificate of appropriateness shall be filed with the Zoning Administrator, who shall refer the application to the Board. The Board shall review the application and within sixty days of its receipt either approve, conditionally approve, or deny the application based on the applicable approval criteria in Table 7, Section 1119.07. The Board may call upon technical personnel within or outside the City Government to assist in the review of the application. (Ord. 2020-130. Passed 11-23-20.)

1119.04 EXISTING CERTIFICATES.

Any lawful certificate of appropriateness previously granted to any lawful use existing on the date of adoption of this Zoning Code, or of any applicable amendment thereto that requires a certificate, shall be considered a lawful certificate thereunder without need for approval of a new certificate. (Ord. 2020-130. Passed 11-23-20.)

1119.05 EXPANSION OR ALTERATION.

Any change of, expansion of, addition to or alteration of a use holding a certificate of appropriateness shall require the approval of an additional certificate.

(Ord. 2020-130. Passed 11-23-20.)

1119.06 APPEAL.

(a) An applicant or other party may appeal the Board's decision to the Board of Zoning Appeals in accordance with the provisions on appeals in Section 1105.13.

(b) In cases decided by the Zoning Administrator, an applicant or other party may appeal the decision to the governing Board.

(c) No appeal of an application that has been denied shall be taken until a period of three months, or six months for any application involving demolition, has elapsed beginning with the date of the denial by the Historic Preservation Board. During such period, the Board shall attempt to work out an alternative plan with the applicant that is acceptable to both the applicant and the Board. (Ord. 2020-130. Passed 11-23-20.)

1119.07 TABLE 7: APPROVAL CRITERIA FOR CERTIFICATES OF APPROPRIATENESS.

(a) In granting approval or conditional approval of a certificate of appropriateness, the Board shall prepare written findings of fact that the proposed alteration or change is compatible, as applicable, with the character of:

(1) The existing property being altered; and

(2) Surrounding properties; and

(3) Adjacent public ways; and

(4) The historic district, if any, in which the property is located.

(b) Such compatibility shall be judged with respect to the following elements of design:

(1) Height and scale;

(2) Proportions of windows, doors, sign lettering and other design features;

(3) Shape of roof;

(4) Materials, textures and colors; substitute materials may be used if:

A. They may be installed without irreversibly damaging or obscuring the architectural features or trim of the building.

B. The substitute material can match the historic material in size, profile and finish so there is no change in character of the historic building or area.

(5) Directional expression, or the horizontal or vertical character of the structure;

(6) Open space, including setbacks and spacing between structures or signs; and

(7) Landscaping.

(8) Other.

A. The Board shall hold approval on items in which the Zoning Administrator determines an alternative board or commission within the City of Zanesville should provide a preliminary review or decision that may aide the Board in their decision making process.

(c) It is not the intent of these criteria to prohibit such contemporary design or architectural styles as may be compatible with a historic environment.

(d) For approval of a certificate, the Board shall require only such degree of compatibility as can be achieved without depriving the property owner of reasonable use of and a reasonable economic return from his property.

(e) The Historic Preservation Board shall utilize the City of Zanesville Design Guidelines, as adopted by the Zanesville City Council per Ordinance 19-138, when making decisions on the compatibility of proposed construction of, alterations to, and removal of properties within the HO District.

(Ord. 2020-130. Passed 11-23-20.)

1121.01 PURPOSE.

Certain uses cannot be allowable generally in a particular zoning district, or in any zoning district, because of the impact their special character creates on surrounding areas.

Some such uses may, however, be allowed under special conditions. These uses are provided for in this Zoning Code as Conditional uses and Special Permit uses.

Because Conditional and Special Uses are compatible with the applicable zoning district only under special conditions, a Conditional or Special Use permit is required before any use authorized herein as a Conditional or Special use may be established.

Except as specifically provided herein, all regulations of the applicable zoning district, and all other applicable regulations of this and other City ordinances, shall apply to conditional uses.

(Ord. 18-76. Passed 7-23-18.)

1121.02 APPROVAL PROCESS.

Conditional uses shall be approved by the Planning & Zoning Administrator only in conformance with the approval process provided in Chapter 1113, the applicable standards and approval criteria in Tables 8, 9, 10 and 1137.05, and other applicable provisions of this Zoning Code.

(Ord. 18-76. Passed 7-23-18.)

1121.03 EXISTING USES.

Any lawful use existing on the date of adoption of this Zoning Code or any amendment thereto that requires conditional use approval under such Code or amendment, shall be considered a lawful conditional use without the need for approval of a conditional use permit hereunder whether or not a conditionally permitted use permit was ever issued prior to such date. It shall be the responsibility of the user of the property to provide evidence of the existence of the use on or prior to such date.

Any change of, expansion of, addition to or structural alteration of such a use subsequent to such date shall, however, require the approval of a conditional use permit.

(Ord. 87-94. Passed 7-27-87.)

1121.04 REVIEW OF CONDITIONAL USES.

(a) In evaluating the suitability of a proposed conditional use, the Planning & Zoning Administrator shall examine the following characteristics of the proposed use and its individual structures or components:

(1) Location and orientation;

(2) Lot size;

(3) Size of facility, including floor area, structure height, design capacity and anticipated employment;

(4) Site design and arrangement;

(5) Provisions affecting on- and off-site pedestrian and traffic movement, vehicle storage and the passage of emergency vehicles;

(6) Appearance;

(7) Screening or landscaping;

(8) On- or off-site buffering from incompatible uses with open spaces or transitional uses;

(9) Operations factors, such as hours of use or environmental controls; and

(10) Other characteristics of the proposed use pertinent in the judgment of the Board to an assessment of the impact of the use on the area.

(b) The Planning & Zoning Administrator may call upon technical experts or have studies performed to determine specific development standards or conditions for any particular conditional use.

(Ord. 18-76. Passed 7-23-18.)

1121.05 EXPANSION OR ALTERATION.

Any expansion, enlargement or structural alteration of a conditional use shall require an additional conditional use permit.

(Ord. 87-94. Passed 7-27-87.)

1121.06 ZERO LOT LINE RESIDENTIAL DEVELOPMENT.

(a) Purpose. The purpose of the provisions herein governing zero lot line development are:

(1) To allow the development of single-family detached housing that makes more efficient use of land and provides more usable open space on the lot, especially where lots are smaller, by allowing the width of one interior side yard to be reduced to zero for the purpose of creating more usable open space on the remainder of a lot;

(2) To assure that the design of such housing development provides a suitable environment both for its occupants and the neighborhood; and

(3) To thereby encourage the provision of higher-density affordable housing that is detached, that tends to be owner-occupied, and that is thereby more compatible with existing residential areas in the City.

(b) Approval Process. Zero lot line development of single-family detached homes may be approved by the Board of Zoning Appeals as a Special use in the zoning districts specified in this Zoning Code consistent with the approval process provided for conditional uses in Chapter 1113 and with applicable standards and approval criteria in Tables 8 and 10, Sections 1121.07 and 1121.09.

(Ord. 18-76. Passed 7-23-18.)

1121.07 TABLE 8: APPROVAL CRITERIA FOR CONDITIONAL USES.

In granting approval or conditional approval of a conditional use, the Planning & Zoning Administrator shall prepare written findings of fact that on the basis of the characteristics cited under Section 1121.04, or changes to such characteristics that staff requires, the proposed use shall be compatible with existing uses in the area, and with permitted uses in the zoning district, in the following ways:

1. Traffic. Any adverse impact of types or volumes of traffic flow not otherwise typical in the zoning district has been minimized.

2. Environmental Nuisance. Any adverse effects of noise, glare, odor, dust, waste disposal, blockage of light or air, or other adverse environmental effects of a type or degree not characteristic of permitted uses in the zoning district, have been appropriately controlled.

3. Neighborhood Character. The proposed use shall fit harmoniously with the existing natural or man-made character of its surroundings and with permitted uses in the zoning district. The use shall not have undue deleterious effect on the environmental quality, property values or neighborhood character already existing in the area or normally associated with permitted uses in the district.

4. Public Services and Facilities. The proposed use shall not require existing community facilities or services to a degree disproportionate to that normally expected of permitted uses in the district, nor generate disproportionate demand for new services or facilities, in such a way as to place undue burdens upon existing development in the area.

5. Public Safety and Health. The proposed use shall not be detrimental to the safety or health of the employees, patrons or visitors associated with the use nor of the general public in the vicinity.

6. Other Factors. The proposed use is in harmony with any other elements of compatibility pertinent in the judgment of the staff to the particular conditional use or its particular location.
(Ord. 18-76. Passed 7-23-18.)

1121.08 TABLE 9: STANDARDS FOR MANUFACTURED HOME PARKS AND SUBDIVISIONS.

Manufactured home parks and manufactured home subdivisions shall comply with the following standards in addition to criteria applicable to conditional uses generally:

Standards for the Park or Subdivision:

Minimum size:
Parks:	5 acres
Subdivisions:	25 lots

Minimum yard depth or width [1]:
Front or corner side:	30 feet
Interior side:	20 feet

Minimum common recreation space per dwelling unit:
Parks:	100 square feet
Subdivisions:	None

Minimum common outdoor storage area in percent of gross site area [2]:
Parks:	5%
Subdivisions:	None

Maximum commercial land in percent of gross site area [2] [4]:	5%

Minimum interior street pavement width:
One-way, Parking on 1 side:	20 feet
Two-way:
No Parking:	20 feet
Parking on 1 side:	26 feet

Standards for Individual Unit Sites Within Parks or Subdivisions [3]:

Permitted dwelling type:
Parks:	Manufactured home, single-family detached [5]
Subdivisions:	HUD Code Manufactured Home, single-family detached [5]

Minimum site area per dwelling unit:	4,356 square feet

Minimum site width:	30 feet

Minimum spacing between dwelling units:	20 feet

Notes for Table 9

[1] Where the entire development is not on a single lot, as in a manufactured home subdivision, open spaces around the periphery of the development meeting the requirements for yards herein shall be required.

[2] Intended to serve only residents of the park or subdivision.

[3] Site standards apply to rental or condominium spaces in parks or to lots in subdivisions. Standards do not apply to manufactured homes located on individual lots outside of a manufactured home park or manufactured home subdivision, where the normal zoning district standards for site-built dwellings apply.

[4] Permitted only in parks or subdivisions with 100 or more dwelling units. In recognition of higher levels of pedestrian traffic in such developments, parking for commercial uses shall be fifty percent (50%) of the applicable requirements in Chapter 1149.

[5] Dwellings shall be properly connected to utilities and shall be installed on the site in accordance with the manufacturer's instructions. In manufactured home subdivisions, dwellings shall be set on permanent foundations in conformance with the City Building Code. In manufactured home parks, dwellings shall be anchored in a manner approved by the Public Service Director.

(Ord. 87-94. Passed 7-27-87.)

1121.09 TABLE 10: STANDARDS AND APPROVAL CRITERIA FOR ZERO LOT LINE DEVELOPMENTS.

In granting approval or conditional approval of a conditional use for a zero lot line single-family detached residential development, the Board of Zoning Appeals shall prepare written findings of fact that the proposed use shall comply with the following standards in addition to other criteria applicable to conditional uses generally:

1. Minimum Size.

No zero lot line development shall include fewer than twelve lots. Zero lot line design shall not apply to isolated individual lots in areas of conventionally sited dwellings.

2. Yards.

Only a rear yard and/or a single side yard, but no front yard, may be reduced to zero.

Yards on adjacent lots may not both be reduced to zero if they abut the same side lot line.

If a side yard is reduced to zero, the remaining side yard shall have a minimum width of fifteen feet.

3. Wall Maintenance Easement.

A perpetual wall maintenance easement shall be provided in every yard that is adjacent to a zero side yard in an adjoining lot.

The easement shall be four feet in width measured from that portion of the lot line that is adjacent to a building on the other lot.

The easement shall be shown on the plat and incorporated into each deed transferring title to the property. Proof of recording of such easements shall be submitted to the Zoning Administrator prior to issuance of a building permit.

Obstructions otherwise permitted in interior side yards are allowed within the easement provided they do not impede access to the wall on the adjacent lot for painting, cleaning, maintenance and repair.

Roof overhangs may project up to two feet into the easement on the adjacent lot, but the roof shall be so designed that water runoff onto the other lot is confined to the easement area.

4. Wall Openings.

No windows, doors, air conditioning units or other openings shall be permitted on the side of a building abutting a zero side yard.

5. Orientation.

Where possible, the building wall abutting the zero side yard should face north to allow maximum use of the remaining yards for outdoor activities at different times of the year.

6. Varied Height and Setback.

Where possible, front yard depth, building height and roof lines should be varied to avoid monotonous appearance, which is more objectionable when homes are closer together and lots are smaller.

7. Block Length.

Where possible, shorter blocks and cul-de-sac streets should be used to reduce the monotony of site design.

8. Open Space.

Any common open space areas provided shall meet requirements for ownership, maintenance, upkeep, covenants and financial guarantees specified in this Zoning Code for common open space in Planned Unit Developments.