Zoning Resolution Article 3

CONSTRUCTION OF LANGUAGE AND DEFINITIONS

 

Construction of Language

 

           The following rules of construction apply to the text of this Resolution:

 

3.1       The word “shall” is always mandatory and not discretionary.  The word “may” is permissive.

 

3.2       Words used in the present tense shall include the future; and words used in the singular number shall include the plural, and the

            plural the singular, unless the context clearly indicates the contrary.

 

3.3       The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for,” or “occupied for.”

 

3.4       The word “person” includes an individual, a corporation, a partnership, an incorporated association, or any other similar entity.

 

3.5       Unless the context clearly indicates the contrary, where a regulation involves two or more items, conditions, provisions, or events

            connected by the conjunction “and” “or,” “either . . . or,” the conjunction shall be interpreted as follows:

 

            “And” indicates that all the connected items, conditions, provisions, or events shall apply.

 

            “Or” indicates that the connected items, conditions, or provisions, or events may apply singly or in any combination.

 

Definitions

 

            For the purpose of this Resolution, certain words and terms are defined as follows:

 

3.7       Accessory Buildings: 

 

Means a building located on property under common ownership with the principal building which is secondary in importance to the main building, including but not limited to detached garages, storage building, barns, shelters and decorative structures including a gazebo and fence.  A swimming pool shall be deemed an accessory building for the purposes of this resolution.

  

   

3.8       Accessory Use: 

 

Means any activities which are incidental, subordinate and customarily carried on in addition to the primary use of the premises.  In residential districts this shall include activities which are in the nature of a hobby or recreation and not carried on with the intent to make a profit for the land occupant.  It shall also include activities related to the occupant’s employment off premises that are occasionally carried on in the premises.  Such activities shall not be deemed a home occupation.  Accessory uses may include satellite television reception equipment, or electricity producing windmills provided these shall be located only in rear yard areas and shall meet the minimum rear and side yard setback requirements for the district in which they are located.

 

            Accessory uses shall also include:

 

            1.   Residential accommodations for servants, caretakers or night watchmen in any use district.           

            2.   Swimming pools, tennis courts and other personal recreational facilities.

            3.   Off-street loading and parking facilities and the storage of goods used, produced or offered for sale which shall be accessory uses in

                  commercial or industrial districts only and subject to all regulations of the district where located.

            4.   Garage or other casual sales of personal property shall be considered an accessory use so long as they are limited to no more than

                  two times a year and for no longer than three days each time.

            5.   The storage in residential districts of trailers, recreational vehicles or boats owned by residents of the premises only.  Storage of any

                  such items for nonresidents of the premises whether or not a fee is charged, shall not be deemed an accessory use.  All such items

                  shall be stored no closer to the street than the minimum front yard setback requirements of the district.

            6.   Accessory use shall include the keeping of dogs, cats or other domesticated pets, but shall not allow the keeping of exotic or

                  dangerous animals such as, but not limited to, lions, tigers, leopards, panthers, cougars, bobcats, bears, wolves, foxes, apes, gorillas,

                  poisonous or constrictor snakes, crocodiles or alligators.

            7.   The sale of fruits and vegetables grown on the premises where sold.

            8.   Any activity which is the subject of any advertising including, but not limited to newspaper, magazine, radio, television, poster,

                  billboard, handbills, direct mailing, yearbooks, telephone directory or other publications shall not be deemed to be an accessory use

                  in a residential district.

 

3.9   Adult Business Definitions

 

1.  Adult Business - Includes an adult bookstore, adult cabaret, adult motion picture theater, adult oriented business and massage establishments.

 

2. Adult Bookstore - Means an establishment which utilizes fifteen (15%)  more of its retail selling area for the purpose of retail sales or rentals; or for the  purpose of  display by coin or token operated devices; or electronically,  electrically or mechanically controlled still or motion picture machines,  projectors, or other image producing devices or both; books, magazines, other periodicals, films, tapes, cassettes, or compact discs which are distinguished by their emphasis on adult materials.

 

3.  Adult Cabaret - Means a nightclub, bar, restaurant, supper club, lounge, or similar establishment in which persons appear in a state of nudity in the performance of their duties.

 

4.  Adult Material - Means material that is distinguished or characterized by its sexually  oriented material that is harmful to juveniles or obscene.

 

5.  Adult Motion Picture Theater - Means an enclosed or open air motion picture theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing  for presenting material distinguished or characterized by an emphasis on matter  depicting, describing or related to adult material.

 

Adult Oriented Business - Means an establishment having as its primary stock and  trade material that is distinguished or characterized by its emphasis on sexually oriented material that is harmful to juveniles or obscene.

 

3.10    Adult Daycare

 

            A facility to provide less than twenty-four (24) hour care for adults eighteen years of age or older, including

            recreation, meals, entertainment, and personal care service.

 

            1.  Owner shall have at least minimum LPN training.

            2.  A maximum of four clients.

            3.  Shall have adequate sanitary facilities.

            4.  Provisions for handicapped.

            5.  Adequate safety provisions.

            6.  Carry sufficient liability insurance.

            7.  Food service meets Health Department standards.

            8.  Provision for recreation.

 

3.11    Agriculture:  Is the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treatment or storing of produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities and provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.  A use shall be classified as agricultural only if it is the principal or main use of the land.

 

3.12    Airport:  Any runway, land area or other facility designed or used whether publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie down areas, hangars and other necessary buildings and open spaces.

 

3.13    Alley:  See Thoroughfare.

 

3.14    Alterations:  Is any structural change, additions, or modifications in construction or type of occupancy, or any change in the structural members of a building, such as bearing walls, columns, beams, or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”

 

3.15    Apartment:  Is a room or suite of rooms in a multi-family building arranged and intended as a place of residence for a single-family or a group of individuals living together as a single housekeeping unit as herein defined.

 

3.16    Apartment House:  Is a multi-family building for three or more families, living independently of each together, with cooking and toilet facilities in each dwelling unit.

 

3.17    Apartment Hotel:  Is a building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which building may include any accessory uses such as a cigar store, coffee shop, etc. permitted in a hotel as defined herein, provided such uses are accessible only from the lobby.

 

3.18    Attic:  The space between the ceiling beams of the top story and the roof rafters.

 

3.19    Attic, Habitable:  A habitable attic is an attic which has a stairway as a means of access and egress and in which the ceiling area at a height of 7½ feet (2235 mm) above the attic floor is not more than 1/3 the area of the floor next below.

 

3.20    Auto Fuel Stations:  The business of selling motor vehicle fuels and motor oil and related products, but which does not provide any auto repair services.  This business may exist on the same premises and under common managements with a grocery or other retail business.

 

3.21    Auto Repair Station:  Is a place where, along with the sale of engine fuels, the following services may be carried out; general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service, such as body, frame, or fender straightening and repair, over-all painting and undercoating of automobiles.

 

3.22    Auto Service Stations:  A building or buildings, structures and adjoining space used for the dispensing of motor fuel from fixed equipment into the fuel supply tanks of motor vehicles and for the sale and dispensing into or installation on motor vehicles of lubricants and operating supplies and where automotive tires, batteries, parts and accessories may be sold, installed, serviced and adjusted and where if within a building such services as tire repairing, battery recharging, cleaning and polishing of vehicles, chassis lubrication, motor repairs and adjustments may be rendered.

 

Automotive Wrecking is to dismantle or disassemble used motor vehicles, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

 

3.23    Basement:  Is the portion of a building which is partly or wholly below grade, but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling.  A basement shall not be counted as a story, except as provided in the definition of story.

 

3.24    Block:  Is the property abutting one side of a street and lying between the two nearest intersecting streets (crossing or terminating), between the nearest such street and railroad right-of-way.

 

3.25    Bed and Breakfast Homestay:  Is a private owner-occupied residence with one to three guest rooms.  The Bed and Breakfast Homestay must be subordinate and incidental to the main residential use of the building.

 

3.26    Bed and Breakfast Inn:  Is operated primarily as a business, even though the owner may live on the premises.  The Inn may offer a maximum of twelve guest rooms and include a restaurant open to the general public, as well as to overnight guests.

 

3.27    Boarding House (Rooming House):  Is a building other than a hotel, where for compensation and by prearrangement for definite periods, meals, or lodging and meals are provided for three or more persons, but not exceeding ten sleeping rooms.  A rooming house or a furnished rooming house shall be deemed a boarding house for the purposes of the resolution.

 

3.28    Buffering (see also screening):  A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.

 

3.29    Building:  Any structure, whether temporary or permanent, having a roof and used or built for the shelter of persons, animals, chattels, or property of any kind.  This shall not include such structures as billboards, fences or radio towers, or structures with interior areas not normally accessible for human use, such as tanks, smokestacks, grain elevators, coal bunkers, oil cracking towers or similar structures.  (Adopted 11/15/97)

 

3.30    Building, Accessory:  A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

 

3.31    Building, Height:  The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.

 

3.32    Building, Line:  Is a line defining the minimum front, side and rear yard requirements.

 

3.33    Building, Principal:  A building in which is conducted the main or principal use of the lot on which said building is situated.

 

3.34    Business, Convenience:  Commercial establishments which cater to and can be located in close proximity to residential districts without creating undue vehicular congestion, excessive noise, or other objectional influences.  To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pick up facilities, and grocery stores, if less than 10,000 square feet in floor area.  Uses in this classification tend to serve a day-to-day need in the neighborhood.

 

3.35    Business, General:  Commercial uses which generally require locations on or near major thoroughfares and/or their intersections and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community.  General business uses include, but need not be limited to such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances and furniture; department stores; and discount stores.

 

3.36    Business, Highway:  Commercial uses which generally require locations on or near major thoroughfares and/or their intersections which tend to serve the motoring public.  Highway business uses include, but need not be limited to such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.

 

3.37    Business, Office Type:  Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses.  Office business generally accommodates such occupations as administrative, executive, professional accounting, writing, clerical, stenographic and drafting.  Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.

 

3.38    Business, Services:  Any profit making activity which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes and businesses.

 

3.39    Business, Wholesale:  Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments.  These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

 

3.40    Cemetery:  Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.

 

3.41    Channel:  A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.

 

3.42    Child Day-Care:  Administering to the needs of infants, toddlers, pre-school children and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or residence other than the child’s own home.  The following are child day-are facilities:

 

3.43    Child Day-Care Center:  Any place in which child day-care is provided, with or without compensation, for thirteen or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation for seven to twelve children at any one time.  In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.

 

3.44    Type A Family Day-Care Home:  A permanent residence of the administrator in which child day-care is provided for four to twelve children at any one time, if four or more children are under two years of age.  In counting children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted.  The term “Type A family day-care home” does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.

 

3.45    Type B Family Day-Care Home:  A permanent residence of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time.  In counting children for the purposes of this definition, any children under six years of age who are related to the provider and are on the premises of the Type B home shall be counted.  The term “Type B family day-care home” does not include a residence in which the needs of children are administered to, if all such children are siblings of the same immediate family and the residence is their home.

 

3.46    Clinic:  A place used for the care, diagnosis and treatment of sick, ailing, infirm, or injured persons and those who are in need of medical and surgical attention, but who are provided with board or room or kept overnight on the premises.

 

3.47    Club:  A building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.

 

3.48    Commercial Entertainment Facilities:  Any profit making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.

 

3.49    Comprehensive Development Plan:  A plan or any portion thereof, adopted by the Planning Commission and the legislative authority of the Township of Vermilion showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities.  This plan established the goals, objectives and policies of the community.

 

3.50    Conditional Use:  A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.

 

3.51    Conditional Use Permit:  A permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.

 

3.52    Condominium:  A building or group of buildings in which units are individually owned and common areas and facilities are owned on a proportional, undivided basis by all of the owners.

 

3.53    Corner Lot:  (see lot types).

 

3.54    Cul-de-sac:  (see thoroughfare).

3.55    Dead-end Street:  (see thoroughfare).

 

3.56    Density:  A unit of measurement expressing the number of dwelling units per acre of land.

 

            1.   Gross Density – The number of dwelling units per acre of the total land to be developed.

 

            2.   Net Density – The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential

                                           uses.

 

3.57    Density Bonus:  An increase in the number of allowable dwelling units per acre granted for some specific reason, such as the provision of lower income housing, open space, or other such amenities, as provided for in the zoning regulations.

 

3.58    District:  A part, zone, or geographic area within the township within certain zoning or development regulations apply.

 

3.59    Dwelling:  Any building or structure (except a house trailer or mobile home as defined by Ohio Revised Code 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.

 

3.60    Dwelling, Unit:  Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.

 

3.61    Dwelling, Single Family:  A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

 

3.62    Dwelling, Two-Family:  A dwelling consisting of two dwelling units which may be either attached side by side or one above the other.

 

3.63    Dwelling, Multi-Family:  A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.  Multi-family housing may include public housing and industrialized units.

 

3.64    Dwelling, Industrialized Unit:  An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement and including a modular or sectional unit, but not a mobile home.

 

3.65    Easements:  Authorization by a property owner for the use by another and for a specified purpose of any designated part of his property.

 

3.66    Elderly, Household:  Not more than three persons, related or unrelated, who occupy a single dwelling unit of whom one person is elderly.

 

3.67    Elderly, Housing Facility:  A building or buildings containing twelve or more dwelling units where occupancy is restricted to elderly persons or households.  Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities and provide for independent or semi-independent living.  For the purpose of this definition, “elderly housing facility” shall include convalescent homes, nursing homes, group residential facilities, or homes for the aged.

3.68    Elderly, Person:  Any person who is 62 years of age or older, or any person under 62 years of age who is handicapped such that his physical impairments are of a long term duration and impede his ability to live independently without a suitable housing environment.

 

3.69    Essential Services: The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission, or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

 

3.70    Factory-Built Housing:  Factory-built housing mean a factory-built structure designed for long-term residential use, the components of which are essentially constructed or assembled prior to its delivery to and installation upon a site.  For the purposes of this Resolution, “factory-built housing” shall include the following:

 

1.   Manufactured Home.  A factory-built structure that is manufactured on constructed under the authority of 42 United States Code Section 540 and is to be used as a place for human habitation, but which is not constructed or equipped with a permanent hitch or other device allowing it to be moved other than for the purpose of moving to a permanent site and with wheels or axles.  Manufactured homes must comply with the following minimum standards:

 

            a)   Exterior Siding.  Exterior siding shall be made of non-reflective and nonmetallic materials unless approved otherwise.  Acceptable

                  siding materials include:  vinyl, wood, stucco, brick, stone or other masonry materials, or any combination of these materials. 

            b)   Color/Texture.  Color and texture of exterior materials shall be compatible with the adjacent single-family structures.

            c)   Roof Structure.  Except for authorized deck areas, all roof structures shall be sloped and provide an eave projection of no less than

                  six inches and no greater than thirty inches.

            d)   Roofing Material.  All roofing material shall consist of the following categories:  wood, shingle, concrete tile or any other material

                  that the township deems.  Metallic roofing surfaces shall not be permitted on the residential structure or on any garage or carport.

            e)   Minimum Floor Area.  The minimum floor area for every dwelling located on a lot in an R Zoning District, which is not a part of a

                  mobile home subdivision, shall be 1,000 square feet, excluding the area of garage or carport.

            f)    Minimum Width.  The minimum width of a dwelling located on a lot outside of a mobile home subdivision shall be twenty feet.

            g)   Foundations.  All manufactured homes shall be placed on a permanent foundation that meet applicable building code

                  requirements, such as the floor elevation of the proposed dwelling is reasonably compatible with the floor elevations of

                  surrounding dwelling units.

           

2.   Mobile Home.  A transportable, factory-built home, designed to be used as a year round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976.

 

3.71    Family:  A person living alone, or two or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group occupying a rooming house, motel or hotel, dormitory, fraternity or sorority house, provided, however, that “family” shall not include more than four persons unrelated to each other by blood, marriage or legal adoption, except for Class 1 Type B group residential facilities.

 

3.72    Farm Vacation Enterprises (Profit or Non-Profit):  Farms adapted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery and nature recreation areas; hunting areas; hunting preserves and watershed projects.

 

3.73    Feedlot:  A relatively small, confined land area for fattening or temporarily holding cattle for shipment.

 

3.74    Fireworks:  Fireworks shall mean and include any combustible or explosive composition, or any substance or combination of substances or article prepared for the purpose of producing a visible or audible effect by combustion, explosion, deflagration, or detonation, and shall include blank cartridges, toy pistols, toy cannons, toy canes, or toy guns in which explosives are used, the type of balloon which requires fire underneath to propel the same, firecrackers, torpedoes, skyrockets, roman candles, dago bombs, sparklers, or other devices or like construction and any devices containing any explosive or flammable compound, or any tablet or other device containing any explosive substance, except that the term “fireworks” shall not include auto flares, paper caps containing not in excess of an average of twenty-five hundredths (.25) of a grain of explosive content per cap, and toy pistols, toy canes, toy guns, or other devices for the use of such caps.

 

3.75    Flood Plain:  The land, including the flood fringe and the floodway, subject to inundation by the regional flood.

 

3.76    Flood, Regional:  Large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics.  The regional flood generally has an average frequency of the one hundred (100) year recurrence interval flood.

 

3.77    Floodway:  That portion of the flood plain, including the channel, which is reasonably required to convey the regional flood waters.  Floods of less frequent recurrence are usually contained completely within the floodway.

 

3.78    Floodway Fringe:  That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.

 

3.79    Floor Area of a Residential Building:  The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use and the area of roofed porches and roofed terraces and garages.  All dimensions shall be measured between interior faces of walls.

 

3.80    Floor Area of a Non-Residential Building (to be used in calculating parking requirements):  The floor area of the specified use excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows and fitting rooms and similar areas.

 

3.81    Floor Area, Usable:  Measurement of usable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

 

3.82    Food Processing:  The preparation, storage or processing of food products.  Examples of these activities include bakeries, dairies, canneries and other similar businesses.

 

3.83    Garages, Private:  A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises.

 

3.84    Garage, Public:  A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles and in which no service shall be provided for remuneration.

 

3.85    Group Residential Facility:  A group residential facility is a community residential facility, licensed and/or approved and regulated by the State of Ohio, which provides rehabilitative or habilitative services.  There are two classes or group residential facilities:

 

3.86    Class I:  Any state, federal or locally approved dwelling or place used as a foster home for children or adults (not including nursing homes) or as a home for the care or rehabilitation of dependent or pre-delinquent children, for the physically handicapped or disabled, or for those with mental illness or developmental disabilities.  A Class I Type A group residential facility contains six or more residents, exclusive of staff.  A Class I Type B group residential facility contains five or less residents, exclusive of staff.

 

3.87    Class II:  Any state, federal or locally approved dwelling or place used as a home for juvenile offenders; a halfway house providing residential care of rehabilitation for adult offenders in lieu of institutional sentencing; a halfway house providing residence for persons leaving correctional institutions; and residential rehabilitation centers for alcohol and drug abusers, provided that detoxification is expressly prohibited on such premises.  A Class II Type A group residential facility contains six or more residents, exclusive of staff.  A Class II Type  B group residential facility contains five or less residents, exclusive of staff.

 

3.88    Historic Area:  A district or zone designated by a local authority, state or federal government within which the buildings, structures, appurtenances and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form and architectural detail, or because of their being a part of or related to a square, park or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical or architectural motives or purposes.

 

3.89    Home Occupation:  Home occupation means an accessory use which is an activity, profession, occupation, service, craft, or revenue enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit, or elsewhere on the premises by conditional use permit, without any significant adverse effect upon the surrounding neighborhood.

 

3.90    Homes for the Aging:  Means a home that provides both of the following:

 

 a)   Accommodations, supervision and personal care service or accommodations, supervision, personal care services, administration of medication and supervision of special diets for three or more unrelated individuals who are dependent on the services of others by reason of age and physical or mental impairment.

 b)   Personal care services and skilled nursing care for three or more unrelated individuals.  The part or unit of the home for the aging that provides personal care services, that may administer medication and that may supervise special diets and is licensed as a rest home.  The part or unit that provides other skilled nursing care is licensed as a nursing home.

 

3.91    Hotel or Motel and Apartment Hotel:  A building in which lodging or boarding and lodging are provided and offered to the public for compensation.  As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house or dormitory which is herein separately defined.

 

3.92    Institution:  Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling or other correctional services.

 

3.93    Junk:  Any worn, used or discarded item or material including but not limited to scrap metals, rags, cans, bottles, glass, building materials, packaging, motor vehicles or parts thereof, machinery or parts thereof, used building materials, paper, tires or any other waste product that may or may not be used again.

 

3.94    Junk Building, Junk Shops, Junk Yards:  Any land, property, structure, building or combination of the same, on which junk is stored or processed.

 

3.95    Kennel:  Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold and/or which offers provisions for minor medical treatment. 

 

3.96    Loading Space, Off-Street:  Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.  Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space.  All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

 

3.97    Location Map:  (see vicinity map).

 

3.98    LotFor the purposes of this resolution, a lot is a parcel of land sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yard and other open spaces as are herein required.  Such lot shall have frontage on a dedicated and accepted public street, or on an approved private street and may consist of:

 

            1.   A single lot of record.

            2.   A portion of a lot of record.

            3.   A combination of  lots or portions of lots of record under common ownership.

 

3.99    Lot Coverage:  The ratio of enclosed ground floor area of all building on a lot to the horizontally projected are of the lot, expressed as a percentage.

 

3.100  Lot Frontage:  The front of a lot shall be construed to be the portion nearest the street.  For the purpose of determining yard requirements on corner lots and through lots, one side of a lot adjacent to streets shall be considered frontage and yards shall be provided as indicated under “Yards” in this section.

 

3.101  Lot, Minimum Area of:  The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.

 

3.102  Lot Measurements:  A lot shall be measured as follows:

 

            1.   Depth:  The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the

                                 rear most points of the side lot lines in the rear.

            2.   Width:  The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building

                                setback line.

 

3.103  Lot of Record:  A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

 

3.104  Lot Types:  Terminology used in this resolution with reference to corner lots, interior lots, and through lots is as follows:

           

1.   Corner Lot:  A lot located at the intersection of two or more streets.  A lot abutting on a curved street or streets shall be considered a

                            corner lot if straight lines drawn from the foremost point of the lot meet at an interior angle of less than one hundred  

                            thirty-five (135) degrees.

2.   Interior Lot:  A lot with only one frontage on a street.

3.   Through Lot:  A lot other than a corner lot with frontage on more than one street.  Through lots abutting two streets may be referred to as

                               double frontage lots.

4.   Reversed Frontage Lot:  A lot on which frontage is at right angles to the general pattern in the area.  A reversed frontage lot may also be a

                                                 corner lot.

3.105  Major Thoroughfare Plan:  The portion of the Comprehensive Plan adopted by the Regional Planning Commission indicating the general location recommended for arterial, collector and local thoroughfares within the appropriate jurisdiction.

 

3.106  Maintenance and Storage Facilities:  Land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.

 

3.107  Manufactured Home Park:  Any lot upon which three or more manufactured homes are located for residential use, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended to be used as a part of the facilities of such park.

 

3.108  Manufacturing, Heavy:  Manufacturing processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.

 

3.109  Manufacturing, Light:  Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little traffic and no nuisances.

 

3.110  Manufacturing, Extractive:  Any mining, quarrying, excavating, processing, storing, separating, cleaning, or marketing of any mineral natural resource.

 

3.111  Mobile Home:  Any non-self propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highway and exceeding a gross weight of four thousand five hundred (4,500) pounds and an overall length of thirty (30) feet and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

 

3.112  Mobile Home, Park:  Any site or tract of land under single ownership, upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes; including any roadway, building structure, vehicle, or enclosure or intended for use as a part of the facilities of such park.

 

3.113  Nonconformities:  Lots, uses of land, structures and uses of structures and land in combination lawfully existing at the time of enactment of this resolution or its amendments which do not conform to the regulations of the zone in which they are situated and are therefore incompatible.

 

3.114  Nursing Home:  Means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services, but not skilled nursing care.  A nursing home is licensed to provide personal care services and skilled nursing care.

 

3.115  Open Spaces:  An area substantially open to the sky which may be on the same lot with a building.  The area may include, along with the natural environmental features, water areas, swimming pools and tennis courts, and other recreational facilities that the Zoning Commission deems permissible.  Streets, parking areas, structures for habitation and the like shall not be included.

 

3.116  Overlay District:  A district described by the zoning map within which, through superimposition of a special designation, further regulations and requirements apply in addition to those of the underlying districts to which such designation is added.

 

3.117  Parking Space, Off-Street:  For the purpose of this resolution, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

 

3.118  Performance Bond, Surety Bond, or Financial Guarantee:   An agreement by an individual, corporation or insurance or surety  company or an irrevocable bank letter of credit which guarantees to the county payment of construction costs in the event of the default by a developer or other principle obligator.

          

3.119  Personal Services:  Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.

 

3.119(a) – Planning Commission: the Erie Regional Planning Commission

 

3.120  Planned Unit Development:  An area of land in which a variety of housing types and subordinated commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations.  The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.

 

3.121  Professional Activities:  The use of offices and related spaces for such professional services as are provided by medial practitioners, lawyers, architects and engineers and similar professions.

 

3.122  Public Service Facility:  The erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communications, public water and sewage services.

 

3.123  Public Uses:  Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

 

3.124  Public Way:  An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path; or other ways in which the general public or a public entity have a right of which are dedicated, whether improved or not.

 

3.125  Rest Home:  Means a home that provides either of the following:

 

a)   Accommodations for seventeen or more unrelated individuals and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment or, in the case of a rest home component of a home for the aging, accommodations to three or more individuals and supervision and personal care services for at least three of those individuals.

b)   Accommodations for three or more unrelated individuals, supervision and personal care services for at least three of those individuals who are dependent on the services of others by reason of age or physical or mental impairment and supervision of special diets or the administration of medication to at least one of those individuals.

 

3.126  Quasi-public Use:  Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.

 

3.127  Recreation, Camp:  An area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is providing such accommodations.

 

3.128  Recreation, Facilities:  Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use.  Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to hunting, fishing and riding clubs and parks.  Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.

 

3.129  Research Activities:  Research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation and engineering.  All research, testing and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.

 

3.130  Roadside Stand:  A structure designed or used for the display of sale of agricultural and related products. 

 

3.131  Right-of-way:  A strip of land taken or dedicated for use as a public way.  In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped area, viaducts and bridges.

 

3.132  Satellite Signal Receiver:  “Dish-type Satellite Signal-Receiver Antenna,” “earth stations” or “ground stations,” whether functioning as part of a basic service system, direct broadcast satellite system, or multi-point distribution service system, shall mean one, or a combination of two or more of the following:

 

            a)   A signal-receiving device such as a dish antenna whose purpose is to receive communications or signals from earth-orbiting

                  satellites or similar sources.

            b)   A low-noise amplified (LNA) which purpose is to boost, magnify, store, transfer or transmit signals.

            c)   A coaxial cable whose purpose is to convey or transmit signals to a receiver.

 

3.133  Seat:  For purposes of determining the number of off-street parking spaces or certain uses, the number of seats is the number of seating units installed or indicated, on each twenty-four (24) lineal inches of benches, pews, or space for loose chairs.

 

3.134  Setback Line:  A line established by the Zoning Resolution, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in said code.  (see Yard).

 

3.135  Sewers, Central or Group:  An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.

 

3.136  Sewers, On-Site:  A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

 

3.137  Sidewalk:  That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

 

3.138  Sign:  Any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote an object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.

 

            1.   Sign, On Premises:  Any sign related to a business or profession conducted or a commodity or service sold or offered upon the

                                                     premises where such sign is located.

            2.   Sign, Off Premises:  Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon

                                                      the premises where such sign is located.

            3.   Sign, Illuminated:  Any sign illuminated by electricity, gas, or other artificial light including other reflecting or phosphorescent light.

            4.   Sign, Lighting Device:  Any light, string of lights, or group of lights located or arranged so as to cast illumination on a sign.

            5.   Sign, Projecting:  Any sign which projects from the exterior of a building.

 

3.139  Special District:  A zoning district created to meet the needs of an area experiencing  unusual problems, or one that is designed to meet special needs.

 

3.140  Stable:  Is any building, structure or portion thereof which is used for the shelter or care of horses, or other similar animals, either permanently or transient.

 

3.141 Stand:  Is a structure for the display and sale of products with no space for customers within 

           the structure itself.

 

3.142  Story:  That part of a building between the surface of a floor and the ceiling immediately above.  (see Basement).

 

Story, Half:  Is a space under a sloping roof which has the line of intersection of a roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished for the use.  A half story containing independent apartment or living quarters is considered as a full story.

 

Story, Height of:  The vertical distance from the top surface of one floor to the top surface of the next above.  The height of the top-most floor is the distance from the top surface of the floor to the top surface of the ceiling joists.

 

3.143  Structure:  Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground.  Among other things, structures including buildings, mobile homes, walls, fences and billboards.

 

3.144  Subdivision:

 

            1.   The division of any parcel of land shown as a unit or as contiguous units on last preceding general tax list and duplicate of real and public utility property, into two or more parcels, sites, or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the following are exempt:

 

                   a. A division or partition of land into parcels of more than five acres not involving any

                       new streets or easements of access;

                   b. The sale or exchange of parcels between adjoining lot owners, where that sale or

                       exchange does not create additional building sites;

                   c. If the planning authority adopts a rule in accordance with Section 711.133 of the

                       Revised Code that exempts from division (A) of this Section any parcel of land

                       That is four acres or more, parcels in the size range delineated in that rule.

 

            2.   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any public or private street or streets , except private streets serving industrial structures; or involving the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public or private sewer, water, storm drainage or other similar facilities.

 

3.145  Supply Yards:  A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain and similar goods.

 

3.146  Swimming Pool:  A pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager. 

 

            1.   Private:  Exclusively used without paying an additional charge for admission by the residents, development, or a community, the

                                  members and guests of a club, or patrons of a motel or hotel; an accessory use.

            2.   Community:  Operated with a charge for admission; a primary use.

 

3.147  Thoroughfare, Street or Road:  The full width between property line bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

 

            1.   Alley:  A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

            2.   Arterial Street:  A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic,

                                             usually on a continuous route.

            3.   Collector Street:   A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which 

                                                 primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation

                                                 routes within residential subdivisions.

            4.   Cul-de-sac:  A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular

                                        turnaround.

            5.   Dead-end Street:  A street temporarily having only one outlet for vehicular traffic which may or may not be extended in the future.

            6.   Local Street:  A street primarily for providing access to residential or other abutting property.

            7.   Loop Street:  A type of local street, each end of which terminates at an intersection with the same arterial or collector street and

                                         whose principal radius points of the one hundred and eighty (180) degree system of turns are not more than one

                                         thousand feet from said arterial or collector street, nor normally more than six hundred feet from each other.

            8.   Marginal Access Street:  A local or collector street, parallel and adjacent to an arterial or collector street, providing access to

                                                             abutting properties and protection from arterial or collector streets (also called frontage street).

 

3.148  Through Lot:  (see Lot Types)

 

            Tourist Camp:  Is any lot, piece or parcel of ground where two or more camp cottage, tents, camping or travel trailers, house trailers or 

                      mobile homes used as living or sleeping quarters are or may be located, said camp being operated for or without compensation.

            Tourist Home:  Is a dwelling in which overnight accommodations are provided or offered for transient guests for compensation.

            Trailer and Trailer Courts:  See Mobile Home and Mobile Home Court.

 

3.149  Transportation, Director of:  The Director of the Ohio Department of Transportation.

 

3.149(a) – Township Trustees: the Board of Vermilion Township Trustees

 

3.150  Use:  Is the purpose, or activity, for which land or a building or structure is arranged, designed, or intended, or for which it is occupied, or may be occupied or maintained.

 

1.  Use, Accessory:  See “Accessory Building” or “Use”.

2.  Use, Conditional:  Is a use which is permitted in a district or zone, only if a  certificate therefore is expressly authorized by the BOARD OF ZONING APPEALS  in accordance with the provisions of this Resolution.

3.  Use, Principal Permitted:  Is a use which is permitted outright in a district for which a Zoning Certificate may be issued by the Zoning Inspector in  accordance with the provisions of this Resolution.

4.   Use, Seasonal:  Is the occupation of any building, or structure, or activity for a  period not to exceed more than six (6) months of any one calendar year.

 

3.151  Variance:  A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

 

3.152  Veterinary Animal Hospital or Clinic:  A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation and/or recuperations.  It may also include boarding that is incidental to the primary activity.

 

3.153  Vicinity Map:  A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision to use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

 

3.154  Walkway:  A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.

 

3.155  Yard:  A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

 

1. Yard, Front:  A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

2. Yard, Rear:  A yard extending between side lot lines across the rear of a lot and from the front lot line to the rear of the principal building.

3. Yard, Side:  A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

 

  3.156      Zoning Inspector:  The Zoning Inspector is the person designated by the Board of Vermilion Township Trustees to administer and enforce the Vermilion Township Zoning Resolution. 

 

  3.157      Zoning Permit:  A document issued by the Vermilion Township Zoning Inspector authorizing the use of lots, structures, uses of land and structures and the characteristics of the uses.