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Ordinance 30-10RECORD OF ORDINANCES 30 -10 (Amended) Ordinance No. Passed . 20_ AN ORDINANCE AMENDING SECTIONS 153.002 AND 153.071 OF THE DUBLIN CODIFIED ORDINANCES (ZONING CODE) REGARDING RAINWATER HARVESTING DEVICES (CASE NO. 10- 033ADM) WHEREAS, it is necessary from time to time to amend the Code in order to protect the health, safety and welfare of the citizens of the City of Dublin; and WHEREAS, Sections 153.002 and 153.071 of the Dublin Codified Ordinances contain information related to rainwater harvesting devices; and WHEREAS, the purpose of the Code amendment is to permit the harvesting of rainwater from structures to reduce the amount diverted to the stormsewer system and to encourage the reuse of water for onsite landscape watering; and WHEREAS, the Planning and Zoning Commission reviewed the proposed amendment on July 22, 2010 and recommended approval to City Council. NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Dublin, of its elected members concurring, that: Section 1. Chapter 153 of the City of Dublin Zoning Code is hereby amended and shall provide as follows: § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABOVEGROUND POOL. Any confined body of water, with a rim/deck elevation more than one foot above the existing finished grade of the site, exceeding 100 square feet in water surface area, and 18 inches in depth, designed, used, or intended to be used for swimming or bathing purposes. A CCESSOR Y BUILDING. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. ACCESSORY USE. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. ADMINISTRATIVE OFFICIAL. The official charged with the administration and enforcement of the zoning ordinance. ALLEY. A secondary access way of not less than 20 feet in width dedicated to public use for travel or transportation and affording vehicular access to abutting property. ATTACHED ACCESSORY USE /STRUCTURE. Any use and/or structure which shares a foundation, is physically connected to, or immediately adjacent to, the principal structure. AUTO - ORIENTED COMMERCIAL FACILITY. A facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to or for vehicles. Auto - oriented commercial facilities include, but are not limited to drive -thru restaurants, drive -in restaurants, automated teller machines (ATMs), drive -thru banks, drive -in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, establishments installing car accessories, other similar auto service facilities, and RECORD OF ORDINANCES Ordinance No. 30- 10(Amended) Page 2 of 7 Passed 20 stand -alone parking lots. The sale of vehicles (new or used) is not included within this definition. BORROW PIT. A lot or parcel of land or part thereof used for the purpose of extracting sand, gravel or topsoil for sale or use on other premises, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made. BUILDING. A structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building. BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof; to the deck line of a mansard roof; or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. BUILDING SETBACK LINE. Aline determined by the zoning district in which a lot is located establishing the minimum allowable distance between the nearest portion of any building and the side and rear lot lines and the right -of -way line of any street when measured perpendicularly thereto. CHILD CARE. Any place, home or institution which cares for young children apart from their parents when received for regular periods of time for compensation such as kindergarten, nursery school or class for young children that develops basic skills and social behavior by games, exercises, toys and simple handicraft. CIVIC BUILDING OR USE. A building or location that provides for community meetings and/or activities including, but not limited to, City Hall, Township Hall, school administration building, recreation center (public or private), property listed on the National Register of Historic Places, Chamber of Commerce building, Arts Council building, library, or other public buildings owned or operated by the city. CISTERN. An underground storage component of a rainwater harvesting system larger than 80 gallons. CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together. COMMISSION. The Planning and Zoning Commission of the municipality. CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission according to the provisions of § 153.236. COUNCIL. The Council of the municipality. CURB LINE. The face of a curb along a curbed public or private street. DECKING (POOL). The concrete, cement, wood, metal, brick, or other material surrounding a swimming pool. DISH ANTENNA. An outside accessory antenna that is linked to a receiver located on the same lot and used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and TV. DRIVEWAY. The hard paved surface of a lot that is specifically designated and reserved for the movement of motor vehicles to and from a public or private street. This definition includes the area from the street providing access to and from the lot and any maneuvering areas. RECORD OF ORDINANCES 30- 10(Amended) Ordinance No. Passed Page 3 of 7 20_ DRIVE -IN COMMERCIAL USES. Retail or service establishments which provide a designated place where people can drive up in automobiles and conduct the major portion of their business without having to get out of their automobiles or where the serving of the automobile is the major business. Drive -in commercial uses include, but need not be limited to drive -in restaurants which prepare and/ or dispense ready to eat food or beverages and does not provide a place for all its customers to eat inside the building or which serves ready -to -eat food or beverages for carry out; drive -in theaters, drive -in eating and drinking places, establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises; car washes; drive -in banks. DWELLING, FARM. A single - family dwelling on a lot of five or more acres. DWELLING, SINGLE- FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. DWELLING, TWO - FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units with separate entrances. DWELLING (APARTMENT). A building arranged or intended for four or more families living independently of each other in separate dwelling units, any two or more provided with a common entrance or hall and all dwelling units intended to be maintained under single ownership or owned under condominium. GARAGE. An accessory building or part of a principal building used primarily for the storage of passenger vehicles as an accessory use. GARAGE, ALLEY - LOADED. A garage with vehicular access from a public or private alley or drive typically from the rear of the property. GARAGE, COURTYARD - STYLE. A garage with vehicular access through an enclosed or partially enclosed pavement area that is located to the front of a principal structure typically providing access to a side loaded garage. GARAGE, FRONT - LOADED. A garage with vehicular access doors primarily oriented toward the same street right -of -way or private street as the front facade of the principal structure. GARAGE, SIDE - LOADED. A garage with vehicular access doors primarily oriented toward one of the side lot lines or a secondary public right -of -way or private street. HARD SURFACED OR PAVED AREA. Includes but is not limited to patios, driveways, court- yards, tennis courts, basketball courts, volleyball courts, swimming pool decks and walkways (the water area is excluded), and bicycle paths. HELIPORTS. An aviation accessory devoted to the landing, takeoff and storing of helicopters. LANDSCAPED AREA. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material. LARGE FORMAT RETAIL. A retail or wholesale use of 20,000 square feet or more of gross floor area. LIVABLE AREA. The livable area of the principal use or structure shall be defined as the total square footage of all rooms meeting CABO requirements for sleeping, living, cooking, or dining purposes of a dwelling, excluding such places as attics, basements (unless finished and meeting the aforementioned CABO requirements), garages, and similar spaces. RECORD OF ORDINANCES 30- 10(Amended) Ordinance No. Passed LOT. Includes the words "plot' and "parcel." Page 4 of 7 _, 20_ LOT, DEPTH OF. The average horizontal distance between front and rear lot lines. LOT, MINIMUM. A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with such yards, open spaces, lot width and lot area as are required by the Zoning Ordinance, and having not less than the minimum required frontage upon a street, either shown and identified by lot number on a plat of record, or considered as a unit of property and described by metes and bounds. LOT LINE. Aline bounding or demarcating a plot of land or ground as established by a plat of record. LOT WIDTH. The average horizontal distance between side lot lines. MINOR PLANMODIFICATION. A nominal deviation from, or clarification of, the adopted plan and/or text, provided it will neither increase the permitted density nor the potential traffic generated, and the proposal remains consistent with the original design, land use, intent and developer commitments of the adopted plan, and with the preferred scenario of the Community Plan. Approval /disapproval of any request for a minor plan modification shall be determined by the Planning and Zoning Commission as part of its administrative review in a planned district. For the purpose of this section, the adopted plan and/or text refer to those documents adopted by City Council as part of a rezoning action, including a preliminary development plan. NO -BUILD ZONE. An open area where construction is prohibited. All structures including, but not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools, patios, decks or other accessory structures, fences, antennae and basketball courts or other sport courts are prohibited in order to preserve open space. A no -build zone is typically found along the rear of a single- family lot. Over lot grading and the placement of underground utilities are permitted within no -build zones. NONCONFORMING USE. A legal use of a building and/or of land that antedates the adoption of the zoning ordinance and does not conform to the regulations for the zoning district in which it is located. OPAQUENESS. The degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface. OUTDOOR SERVICE FACILITY. An area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities include, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and stand -alone parking lots. RAIN BARREL. An above- ground prefabricated storage receptacle with an automatic overflow diversion system that collects and stores storm water runoff from the roof of a structure that would have been otherwise routed into a storm drain. SEXUALLY ORIENTED BUSINESS ESTABLISHMENT. Acommercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude /semi -nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. SHALL. Is mandatory. STREET RIGHT -OF- WAY -LINE. The dividing line between a street right -of -way and the contiguous property. RECORD OF ORDINANCES 30- 10(Amended) Ordinance No. Passed Page 5 of 7 20_ STRUCTURE. Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including advertising signs, billboards, mobile homes (located for occupancy on a permanent foundation) and other construction or erection with special function or form, except fences or walks. Includes the word "building." STRUCTURE, PRINCIPAL. A structure in which is conducted the principal use of the lot on which it is situated. SWIMMING POOL. Any confined body of water, with a rim/deck elevation less than one foot above the existing finished grade of the site, exceeding 100 square feet in water surface area, and 18 inches in depth, designed, used, or intended to be used for swimming or bathing purposes. TOWNHOUSE. A building consisting of a series of three or more attached or semi- detached dwelling units, each with a ground floor and a separate ownership or condominium. USED or OCCUPIED. As applied to any land or structure shall be construed to include the words "intended, arranged or designed to be used or occupied." YARD, REAR. An open space between the rear line of the principal structure, exclusive of steps, and the rear line of the lot and extending the full width of the lot and may be used for accessory structures. YARD, SIDE. An open, unoccupied space on the same lot with a structure between the side line of the structure, exclusive of steps, and the side line of the lot and extending from the front line to the rear line of the building. ZONING DISTRICT. Any section of the municipality in which zoning regulations are uniform. ZONING ORDINANCE. This chapter. § 153.071 LOT AND YARD SPACE REQUIREMENTS. (A) Platting required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the subdivision regulations. Development requirements are minimum requirements for the arrangement of lots and spaces to be achieved in all developments. (B) Lot area and yard space preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure. (1) Open yards required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows: (a) Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall between a street and a front building setback line is more than three feet in height, except as required in §§ 153.130 through 153.138 or in accordance with an approved final development plan of a Planned Development District. (b) Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet. RECORD OF ORDINANCES Ordinance No. 30- 10(Amended) Page 6 of 7 Pas'.sed 20 (c) Open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed five feet. (d) Driveways shall be setback at least three feet from a side lot line or adjacent to the side lot line where a single common drive is provided for two adjoining lots as listed in § 153.210. (e) All vehicular use areas, including driveways, in industrial districts shall be located at least 15 feet from any residential district lot line as listed in § 153.016. (f) Rain barrels and other similar rainwater harvesting devices may project into a front setback, and a side and/or a rear yard a distance not to exceed three feet. (2) Yards not otherwise required. Yard space not otherwise required but provided shall be five feet or more in width. (3) Yards maintained. All yard space shall be maintained in accordance with one or more of the following provisions: (a) Fenced as permitted or required. (b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a neat and orderly natural state, or used for permitted accessory or ancillary use. (c) Paved for parking, driveways, or other vehicular uses as permitted. (4) Maximum lot coverage. (a) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 70% of the total lot area within the following zoning districts: R -12 Urban Residential District SO, Suburban Office and Institutional NC, Neighborhood Commercial CC, Community Commercial RI, Restricted Industrial LI, Limited Industrial GI, General Industrial OLR, Office, Laboratory, Research Excavation and Quarry Oil and Gas Exceptional Uses (b) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 80% of the total lot area within the following zoning districts: RECORD OF ORDINANCES Ordinance No. 30- 10(Amended) Page 7 of 7 Passed 20 CCC, Central Community Commercial CB, Central Business District (c) The lot coverages contained herein are maximums and should not be interpreted to restrict or otherwise limit any other requirements of this Code or the authorized discretion of the city's boards, commissions or City Council. This maximum lot coverage subsection shall not apply to sites which have previously approved final development plans or a certificate of zoning compliance or other similar final approval by the city prior to the date this division takes effect. (d) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of the total lot area within the following residential districts: R -1, Restricted Suburban Residential District R -2, Limited Suburban Residential District R -3, Suburban Residential District R -4, Suburban Residential District R -10, Two - Family Residential District (e) Unless otherwise required in an approved Planned Development, structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of the total lot area within a residential PUD, Planned Unit Development District. Section 2 . This Ordinance shall be effective upon the earliest date permitted by law. Passed this day 2010. Mayor - Pres ion Officer ATTEST: Clerk of Council Black — Existing Language CC 9/13/2010 Blue — New Wording Red — Modifications Requested By PZC PROPOSED RAINWATER HARVESTING STORMWATER MANAGEMENT DESIGN MANUAL Chapter 53 Stormwater Management and Stream Protection Stormwater Management Design Manual Design and Construction Requirements for Rain Barrels and Cisterns These requirements are intended to ensure the safe and responsible use of stormwater catchment devices such as rain barrels and cisterns. Rain Barrels • One or more downspouts in of a residential dwelling may be directed into an approved rain barrel Rr R* - h p .. g tn w t.._ °7 S t,... age entAai..e with a maximum capacity of 80 gallons. • Such rain barrels or storage containers cannot be placed more than 1 foot away from the primary structure, must be at least 3 feet away from the property line ,l t 1.,...1.. � tL. Rn * f f 1. Rmp, Rr h , E 4 A .,.,.. tl.,. 1. Rmp, d l.,. £ u?c i xx2 cy� aoc - oc prcwccr c== o xxv£rn / morvo c wccr . r- i+no- m�nzc -- ¢ric t e - mc street • The maximum height including supporting framing is six feet above surrounding grade. • Plastic raia barrels converted for use as rain barrels must be neutral in color, painted to match the body or trim color of the home, or match as closely as possible the attached building. Any connector hoses from the downspout to the rain barrel must match the color of the downspout. • Rain barrels constructed of natural material or designed to appear similar to a wood barrel, planter, stone boulders, or similar may remain as constructed and are not required to match in color the attached building. • Rain barrels are preferably located to the side or rear of residence. If a rain barrel is by necessity located forward of the residence or is visible from the street, it must be screened with landscaping to the top of the rain barrel. No platform or raising structure is permitted to elevate the rain barrel forward of the residence. Cisterns Only below grade cisterns are permitted and shall include manhole risers a minimum of 8 inches above surrounding grade. All cistern openings shall be protected from unintentional entry by humans, vermin, or insects. Manhole covers shall be provided and shall be secured and locked to prevent tampering. • Where an opening is provided that could allow the entry of personnel, the opening shall be marked, "DANGER- CONFINED SPACE ". General Use Provisions • The rain barrel or cistern shall be equipped with an overflow device. The overflow from such devices must be directed away from the dwelling's foundation, must not cause excessive erosion or water damage, or must be diverted into the public storm sewer or other approved location. • The roof surface may be constructed of any material acceptable to the building code. o Exception: copper sheathing or roofing materials treated with fungicides or herbicides are not permitted. • Gutters and downspouts shall be constructed in accordance with applicable Code requirements. o Exception: copper tubing, copper pipe, copper sheet metal, or any materials treated with fungicides or herbicides are not permitted. • Unless otherwise approved by the city, only runoff from roof surfaces is allowed for rainwater harvesting collection. • Rainwater shall not be harvested from any vehicular or pedestrian area, surface water runoff, standing bodies of water, or other non -roof areas unless otherwise approved by the city. • Harvested rainwater may only be used for irrigation and water features. Other usages may be allowed upon receiving approval from the city. • There shall be no direct connection of any rainwater harvesting system and any domestic potable water system except when protected from cross - contamination in accordance with all applicable codes and requirements. • Rainwater harvested from roof surfaces shall pass through a debris excluder prior to storage in a cistern. Maintenance of Rain Barrel and Cistern Systems • Rain barrels or other storage containers must be covered at all times to protect from unintentional entry by humans, vermin, or insects, and shall not cause a public or private nuisance. • Occasional cleaning to remove debris, such as leaves, coming of the drainage area must be performed as needed. • Rain barrels are required to be drained and thoroughly cleaned at least once annually to avoid freezing in winter temperatures. Rain Barrel examples Rain barrels should be of an appropriate design to complement the residence to which it is attached. Any framing or supporting structure should be properly installed. The purpose of the following examples is to illustrate recommended types. These examples should not be considered the only permitted types, however rain barrels should be designed to be similar in appearance to the following examples. it i 771 . W 4 .t : 3' Black — Existing Language CC 8/9/2010 Blue — New Wording Red — Modifications Requested By PZC PROPOSED RAINWATER HARVESTING ZONING CODE AMENDMENT § 153.071 LOT AND YARD SPACE REQUIREMENTS. (A) Platting required. No use shall be established or altered and no structure shall be constructed or altered except upon a lot that has been platted in accordance with or which otherwise meets, the requirements of the subdivision regulations. Development requirements are minimum requirements for the arrangement of lots and spaces to be achieved in all developments. (B) Lot area and yard space preserved. The lot area and yard space required for a use or structure shall be maintained during its life and shall not be reduced below the minimum requirement, occupied by another use or structure, or counted as yard space for any other use or structure. (1) Open yards required. The yard space required for a use or structure shall, during its life, remain free of all uses or occupancy except as follows: (a) Fences, walls and landscaping shall be permitted in any required yard, or along the edge of any yard, provided that no fence or wall between a street and a front building setback line is more than three feet in height, except as required in §§ 153.130 through 153.138 or in accordance with an approved final development plan of a Planned Development District. (b) Eaves, cornices, window sills and belt courses may project into any required yard a distance not to exceed two feet. (c) Open and uncovered porches may project beyond the front building setback line or into a required rear yard a distance not to exceed five feet. (d) Driveways shall be setback at least three feet from a side lot line or adjacent to the side lot line where a single common drive is provided for two adjoining lots as listed in § 153.210. (e) All vehicular use areas, including driveways, in industrial districts shall be located at least 15 feet from any residential district lot line as listed in § 153.016. (f) Rain barrels and other similar rainwater harvesting devices may Project into a front setback and a side and /or a rear vard a distance not to exceed three feet. (2) Yards not otherwise required. Yard space not otherwise required but provided shall be five feet or more in width. (3) Yards maintained. All yard space shall be maintained in accordance with one or more of the following provisions: (a) Fenced as permitted or required. (b) Landscaped by lawns, shrubs, trees and other plantings, maintained in a neat and orderly natural state, or used for permitted accessory or ancillary use. (c) Paved for parking, driveways, or other vehicular uses as permitted. (4) Maximum lot coverage. (a) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 70% of the total lot area within the following zoning districts: R -12 Urban Residential District SO, Suburban Office and Institutional NC, Neighborhood Commercial CC, Community Commercial RI, Restricted Industrial LI, Limited Industrial GI, General Industrial OLR, Office, Laboratory, Research Excavation and Quarry Oil and Gas Exceptional Uses (b) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 80% of the total lot area within the following zoning districts: CCC, Central Community Commercial CB, Central Business District (c) The lot coverages contained herein are maximums and should not be interpreted to restrict or otherwise limit any other requirements of this Code or the authorized discretion of the city's boards, commissions or City Council. This maximum lot coverage subsection shall not apply to sites which have previously approved final development plans or a certificate of zoning compliance or other similar final approval by the city prior to the date this division takes effect. (d) Structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of the total lot area within the following residential districts: R -1, Restricted Suburban Residential District R -2, Limited Suburban Residential District R -3, Suburban Residential District R -4, Suburban Residential District R -10, Two - Family Residential District (e) Unless otherwise required in an approved Planned Development, structures, parking, driveways, vehicular use areas, service areas, pedestrian areas, and other hard - surfaces or paved areas shall not cover more than 45% of the total lot area within a residential PUD, Planned Unit Development District. ('80 Code, § 1183.02) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 33 -93, passed 6- 21 -93; Am. Ord. 142 -99, passed 2- 22 -00; Am. Ord. 17 -07, passed 4 -9 -07) Penalty, see § 153.999 Black — Existing Language CC 8/9/2010 Blue — New Wording Red — Modifications Requested By PZC PROPOSED RAINWATER HARVESTING ZONING CODE AMENDMENT § 153.002 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ABOVEGROUND POOL. Any confined body of water, with a rim/deck elevation more than one foot above the existing finished grade of the site, exceeding 100 square feet in water surface area, and 18 inches in depth, designed, used, or intended to be used for swimming or bathing purposes. ACCESSORY BUILDING. A subordinate building, the use of which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. ACCESSORY USE. A subordinate use which is incidental to and customary in connection with the principal building or use and which is located on the same lot with such principal building or use. ADMINISTRATIVE OFFICIAL. The official charged with the administration and enforcement of the zoning ordinance. ALLEY. A secondary access way of not less than 20 feet in width dedicated to public use for travel or transportation and affording vehicular access to abutting property. ATTACHED ACCESSORY USE/STRUCTURE. Any use and /or structure which shares afoundation, is physically connected to, or immediately adjacent to, the principal structure. AUTO - ORIENTED COMMERCIAL FACILITY. A facility where a service is rendered or a sales transaction is made while the patron is typically not required to exit his /her vehicle, or a facility that includes services rendered directly on, to or for vehicles. Auto - oriented commercial facilities include, but are not limited to drive -thru restaurants, drive -in restaurants, automated teller machines (ATMs), drive -thru banks, drive -in movie theaters, car washes (all types), gas stations, facilities specializing in oil changes, car repair, establishments installing car accessories, other similar auto service facilities, and stand -alone parking lots. The sale of vehicles (new or used) is not included within this definition. BORROW PIT. A lot or parcel of land or part thereof used for the purpose of extracting sand, gravel or topsoil for sale or use on other premises, and exclusive of the process of grading a lot preparatory to the construction of a building for which application for a building permit has been made. BUILDING. A structure intended for shelter, housing or enclosure of persons, animals or chattel. When separated by dividing walls without openings, each portion of such structure so separated shall be deemed a separate building. BUILDING, HEIGHT OF. The vertical distance measured from the grade to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the mean height level between the eaves and ridge of a gable, hip or gambrel roof. BUILDING SETBACKLINE. Aline determined by the zoning district in which a lot is located establishing the minimum allowable distance between the nearest portion of any building and the side and rear lot lines and the right -of -way line of any street when measured perpendicularly thereto. CHILD CARE. Any place, home or institution which cares for young children apart from their parents when received for regular periods of time for compensation such as kindergarten, nursery school or class for young children that develops basic skills and social behavior by games, exercises, toys and simple handicraft. CIVIC BUILDING OR USE. A building or location that provides for community meetings and /or activities including, but not limited to, City Hall, Township Hall, school administration building, recreation center (public or private), property listed on the National Register of Historic Places, Chamber of Commerce building, Arts Council building, library, or other public buildings owned or operated by the city. CISTERN An underground storage component of a rainwater harvesting system larger than 80 gallons. CLINIC. An establishment where patients are not lodged overnight, but are admitted for examination and treatment by a group of physicians or dentists practicing medicine together. COMMISSION. The Planning and Zoning Commission of the municipality. CONDITIONAL USE. A use allowed in a zoning district after a permit is granted by the Planning and Zoning Commission according to the provisions of § 153.236. COUNCIL. The Council of the municipality. CURB LINE. The face of a curb along a curbed public or private street. DECKING (POOL). The concrete, cement, wood, metal, brick, or other material surrounding a swimming pool. DISHANTENNA. An outside accessory antenna that is linked to a receiver located on the same lot and used for the reception of signals transmitted by stations licensed by the Federal Communications Commission in the Radio Broadcast Services including AM, FM and TV. DRIVEWAY. The hard paved surface of a lot that is specifically designated and reserved for the movement of motor vehicles to and from a public or private street. This definition includes the area from the street providing access to and from the lot and any maneuvering areas. DRIVE -IN COMMERCIAL USES. Retail or service establishments which provide a designated place where people can drive up in automobiles and conduct the major portion of their business without having to get out of their automobiles or where the serving of the automobile is the major business. Drive -in commercial uses include, but need not be limited to drive -in restaurants which prepare and/ or dispense ready to eat food or beverages and does not provide a place for all its customers to eat inside the building or which serves ready -to -eat food or beverages for carry out; drive -in theaters, drive -in eating and drinking places, establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises; car washes; drive - in banks. DWELLING, FARM. A single - family dwelling on a lot of five or more acres. DWELLING, SINGLE - FAMILY. A building arranged or designed to be occupied by one family, the structure having only one dwelling unit. DWELLING, TWO - FAMILY. A building arranged or designed to be occupied by two families, the structure having only two dwelling units with separate entrances. DWELLING (APARTMENT). A building arranged or intended for four or more families living independently of each other in separate dwelling units, any two or more provided with a common entrance or hall and all dwelling units intended to be maintained under single ownership or owned under condominium. GARAGE. An accessory building or part of a principal building used primarily for the storage of passenger vehicles as an accessory use. GARAGE, ALLEY - LOADED. A garage with vehicular access from a public or private alley or drive typically from the rear of the property. GARAGE, COURTYARD- STYLE. A garage with vehicular access through an enclosed or partially enclosed pavement area that is located to the front of a principal structure typically providing access to a side loaded garage. GARAGE, FRONT - LOADED. A garage with vehicular access doors primarily oriented toward the same street right -of -way or private street as the front facade of the principal structure. GARAGE, SIDE - LOADED. A garage with vehicular access doors primarily oriented toward one of the side lot lines or a secondary public right -of -way or private street. HARD SURFACED OR PAVED AREA. Includes but is not limited to patios, driveways, court- yards, tennis courts, basketball courts, volleyball courts, swimming pool decks and walkways (the water area is excluded), and bicycle paths. HELIPORTS. An aviation accessory devoted to the landing, takeoff and storing of helicopters. LANDSCAPED AREA. An area that is permanently devoted and maintained to the growing of shrubbery, grass and other plant material. LARGE FORMAT RETAIL. A retail or wholesale use of 20,000 square feet or more of gross floor area. LIVABLEAREA. The livable area of the principal use or structure shall be defined as the total square footage of all rooms meeting CABO requirements for sleeping, living, cooking, or dining purposes of a dwelling, excluding such places as attics, basements (unless finished and meeting the aforementioned CABO requirements), garages, and similar spaces. LOT. Includes the words "plot' and "parcel." LOT, DEPTH OF. The average horizontal distance between front and rear lot lines. LOT, MINIMUM. A parcel of land occupied or to be occupied by a principal structure or group of structures and accessory structures together with such yards, open spaces, lot width and lot area as are required by the Zoning Ordinance, and having not less than the minimum required frontage upon a street, either shown and identified by lot number on a plat of record, or considered as a unit of property and described by metes and bounds. LOT LINE. A line bounding or demarcating a plot of land or ground as established by a plat of record. LOT WIDTH The average horizontal distance between side lot lines. MINOR PLANMODIFICATION. A nominal deviation from, or clarification of, the adopted plan and /or text, provided it will neither increase the permitted density nor the potential traffic generated, and the proposal remains consistent with the original design, land use, intent and developer commitments of the adopted plan, and with the preferred scenario of the Community Plan. Approval/disapproval of any request for a minor plan modification shall be determined by the Planning and Zoning Commission as part of its administrative review in a planned district. For the purpose of this section, the adopted plan and /or text refer to those documents adopted by City Council as part of a rezoning action, including a preliminary development plan. NO -BUILD ZONE. An open area where construction is prohibited. All structures including, but not limited to buildings, parking, driveways, sidewalks, sheds, swimming pools, patios, decks or other accessory structures, fences, antennae and basketball courts or other sport courts are prohibited in order to preserve open space. A no -build zone is typically found along the rear of a single - family lot. Over lot grading and the placement of underground utilities are permitted within no -build zones. NONCONFORMING USE. A legal use of a building and /or of land that antedates the adoption of the zoning ordinance and does not conform to the regulations for the zoning district in which it is located. OPAQUENESS. The degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface. OUTDOOR SERVICE FACILITY. An area that is not fully enclosed by solid walls and a roof and where services are rendered or goods are displayed, sold, or stored. For purposes of this section, outdoor service facilities include, but are not limited to outdoor dining areas, restaurant patios, outdoor storage areas, open -air markets, garden stores, and stand -alone parking lots. RAINBARREL. An above- around prefabricated storage receptacle with an automatic -rtlow diversion system that collects and stores storm water runoff from the roof of a structure that would have been otherwise routed into a storm drain. SEXUALLY ORIENTED BUSINESS ESTABLISHMENT. A commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in persons who appear nude /semi -nude, live performances, films or other visual representations, adult booths, or sale or display of adult material. SHALL. Is mandatory. STREET RIGHT -OF- WAY -LINE The dividing line between a street right -of -way and the contiguous property. STRUCTURE Anything constructed or erected, the use of which requires permanent location on the ground, or attachment to something having permanent location on the ground, including advertising signs, billboards, mobile homes (located for occupancy on a permanent foundation) and other construction or erection with special function or form, except fences or walks. Includes the word "building." STRUCTURE, PRINCIPAL. A structure in which is conducted the principal use of the lot on which it is situated. SWIMMING POOL. Any confined body of water, with a rim/deck elevation less than one foot above the existing finished grade of the site, exceeding 100 square feet in water surface area, and 18 inches in depth, designed, used, or intended to be used for swimming or bathing purposes. TOWNHOUSE. A building consisting of a series of three or more attached or semi- detached dwelling units, each with a ground floor and a separate ownership or condominium. USED or OCCUPIED. As applied to any land or structure shall be construed to include the words "intended, arranged or designed to be used or occupied." YARD, REAR. An open space between the rear line of the principal structure, exclusive of steps, and the rear line of the lot and extending the full width of the lot and may be used for accessory structures. YARD, SIDE. An open, unoccupied space on the same lot with a structure between the side line of the structure, exclusive of steps, and the side line of the lot and extending from the front line to the rear line of the building. ZONING DISTRICT. Any section of the municipality in which zoning regulations are uniform. ZONING ORDINANCE. This chapter. ('80 Code, §§ 1127.01, 1127.02) (Ord. 21 -70, passed 7- 13 -70; Am. Ord. 13 -84, passed 5- 22-84; Am. Ord. 95 -86, passed 12 -8 -86; Am. Ord. 33 -93, passed 6- 21 -93; Am. Ord. 88- 98, passed 11 -2 -98; Am. Ord. 72 -99, passed 7- 19 -99; Am. Ord. 142 -99, passed 2- 22 -00; Am. Ord. 68 -99, passed 9 -5 -00; Am. Ord. 76 -03, passed 8- 18 -03; Am. Ord. 28 -05, passed 6- 20 -05; Am. Ord. 17 -07, passed 4 -9 -07; Am. Ord. 28 -08, passed 5- 19 -08)