Village of Boston Heights OH, Planning and Zoning Code
CROSS REFERENCES
General Code definitions - see ADM. Ch. 101
1141.01 INTERPRETATION OF TERMS.
For the purpose of this Zoning Ordinance certain term s and words are herein defined. Words used in the present tense shall include the future, the singular number shall include the plural and plural the singular; the word "building" shall include the word "structure" and the "shall" is mandatory and not directory.
(Ord. 87-1951. Passed 7-10-51.)
1141.02 ACCESSORY BUILDING OR USE.
"Accessory building or use" means a subordinate building or use customarily incidental to, and located on the same lot occupied by the main building and use.
(Ord. 87-1951. Passed 7-10-51.)
1141.03 AGRICULTURE.
"Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce; provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and 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.
(Ord. 87-1951. Passed 7-10-51.)
1141.04 ALLEY.
"Alley" means a public thoroughfare which affords only a secondary means of access to a lot or abutting property.
(Ord. 87-1951. Passed 7-10-51.)
1141.05 BASEMENT.
"Basement" means a story having part, but not more than two-thirds of its height below the grade. A basement is counted as a story for the purpose of height regulations.
(Ord. 87-1951. Passed 7-10-51.)
1141.06 BASEMENT HOUSE.
"Basement house" means a basement in which there are cooking facilities and sleeping quarters and two means of ingress and egress.
(Ord. 87-1951. Passed 7-10-51.)
1141.07 BOARDING HOUSE.
"Boarding house" means a building other than a hotel where for compensation by the week or month, meals, or lodging and meals are provided for three but not more than twenty persons.
(Ord. 87-1951. Passsed 7-10-51.)
1141.08 BUILDING.
"Building" means any permanent structure erected or constructed upon a permanent foundation and intended for a permanent location and designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
(Ord. 27-1972. Passed 6-21-72.)
1141.09 BUILDING AREA.
"Building area" means the aggregate of the maximum horizontal cross section area of a building on a lot, excluding cornices, eaves, gutters, one story open porch, balconies and terraces.
(Ord. 87-1951. Passed 7-10-51.)
1141.10 BUILDING HEIGHT.
"Building height" means the vertical distance from the grade to the highest point of the coping of a flat roof or the deck line of a mansard roof, or to the mean height level between eaves and ridge of a gable, hip or gambrel roof.
(Ord. 87-1951. Passed 7-10-51.)
1141.11 BUILDING LINE.
"Building line" means the rear line of the front yard along the street frontage.
(Ord. 87-1951. Passed 7-10-51.)
1141.12 CELLAR.
"Cellar" means a story having more than one-half of its height below grade. A cellar is counted as a story for the purpose of height regulation only if used for dwelling purposes other than by a janitor employed on the premises.
(Ord. 87-1951. Passed 7-10-51.)
1141.13 DISTRICT.
"District" means a section or sections of the incorporated territory within the Municipality for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform. (Ord. 87-1951. Passed 7-10-51.)
1141.14 DWELLING.
"Dwelling" means any building or portion thereof, which is designed or used exclusively for residence purposes. An attached garage, for purposes of determining the front, side and rear years, shall be a part of a dwelling.
(Ord. 87-1951. Passed 7-10-51.)
1141.15 DWELLING, SINGLE-FAMILY.
"Single-family dwelling" means a building designed for or occupied by one family.
(Ord. 87-1951. Passed 7-10-51.)
1141.16 DWELLING, TWO-FAMILY.
"Two-family dwelling" means a building designed for or occupied exclusively by two families.
(Ord. 87-1951. Passed 7-10-51.)
1141.17 FAMILY.
"Family" means one or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house or hotel, as defined in this chapter.
(Ord. 87-1951. Passed 7-10-51.)
1141.18 FRONTAGE.
"Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead end of a street.
(Ord. 87-1951. Passed 7-10-51.)
1141.19 GARAGE, PRIVATE.
"Private garage" means an accessory building housing not more than four motor-driven vehicles, the property of and for the use of the occupant of the lot on which the private garage is located.
(Ord. 87-1951. Passed 7-10-51.)
1141.20 GARAGE REPAIR SHOP.
"Garage repair shop" means a building or portion of a building in which minor structural repairs are made to motor vehicles, and in which the painting of cars and body and fender work is only incidental.
(Ord. 87-1951. Passed 7-10-51.)
1141.21 GASOLINE SERVICE STATION.
"Gasoline service station" means a building or part of a building or structure or space for the retail sale of gasoline, lubricants and motor vehicle accessories, and for minor services and repairs not accompanied by objectionable noises, fumes, dust or odors.
(Ord. 87-1951. Passed 7-10-51.)
1141.22 GRADE.
"Grade" means:
(a) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street. Where no sidewalk exists, the elevation of the center line of the street shall be used in lieu thereof.
(b) For buildings having walls adjoining more than one street, the average elevation of the sidewalk at the centers of all walls adjoining the streets.
(c) For buildings having no walls adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings.
(d) Any wall approximately parallel to and not more than five feet from a street line is to be considered as adjoining the street.
(Ord. 87-1951. Passed 7-10-51.)
1141.23 HOME OCCUPATION.
"Home occupation" means a profession licensed by the State of Ohio which is customarily conducted entirely within a dwelling and is practiced or conducted by an inhabitant thereof. Such recognized and licensed business or profession shall be limited to that of a physician, dentist, osteopath, beautician, engineer, architect or barber. No more than one employee, technician or assistant necessary to the licensee may be employed within the dwelling. Such occupation shall not require more than twenty-five percent (25%) of the floor area of the ground floor of such dwelling. Any addition to such dwelling shall not change the outward character of the structure from that of a dwelling.
Clinics, hospitals, barber shops of more than one licensee, beauty parlors of more than one licensee, tea rooms, tourist homes and animal hospitals are excluded as a home occupation.
(Ord. 22-2005. Passed 9-14-05.)
1141.24 HOTEL.
"Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house or lodging house.
(Ord. 87-1951. Passed 7-10-51.)
1141.25 LODGING HOUSE.
"Lodging house" means a building where lodging only is provided for compensation for three, or more, but not more than twenty persons and where table board may or may not be furnished.
(Ord. 87-1951. Passed 7-10-51.)
1141.26 LOT.
"Lot" means a parcel of land occupied or intended to be occupied by one dwelling and the accessory buildings or uses customarily incident to it, including such open space and minimum area provisions as are required by this Zoning Ordinance for a lot in the district in which such lot is situated and having its principal frontage on a dedicated street.
(Ord. 16-1979. Passed 12-12-79.)
1141.27 LOT, CORNER.
"Corner lot" means a lot having two adjacent sides abutting upon two streets.
(Ord. 87-1951. Passed 7-10-51.)
1141.28 LOT DEPTH.
"Lot depth" means the mean horizontal distance between the front and rear lot lines. However, for the purpose of meeting the intensity of use regulations of this Zoning Ordinance, the lot depth shall be deemed to be the mean horizontal distance between the center line of the street and the rear lot line.
(Ord. 87-1951. Passed 7-10-51.)
1141.29 LOT, DOUBLE FRONTAGE.
"Double frontage lot" means a lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
(Ord. 87-1951. Passed 7-10-51.)
1141.30 LOT, INTERIOR.
"Interior lot" means a lot other than a corner lot.
(Ord. 87-1951. Passed 7-10-51.)
1141.31 LOT OF RECORD.
"Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of this County, or a parcel of land, the deed to which was a record on or prior to the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951). For the purpose of these regulations, any preliminary plan of a subdivision which has been approved by official action of the Planning Commission prior to the date upon which this Zoning Ordinance becomes effective (Ordinance 87-1951, passed July 10, 1951) shall have the same status as if the subdivision plan were officially recorded.
(Ord. 87-1951. Passed 7-10-51.)
1141.32 MOTEL.
"Motel" means a one story attached building used or intended to be used as overnight sleeping quarters for automobile tourists.
(Ord. 5-1956. Passed 3-21-56.)
1141.33 NONCONFORMING USE.
"Nonconforming use" means any building or land lawfully occupied by a use on the effective date of this Zoning Ordinance (Ordinance 87-1951, passed July 10, 1951) or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(Ord. 87-1951. Passed 7-10-51.)
1141.34 PUBLIC NOTICE OF A HEARING.
"Public notice of a hearing" means notice of the time and place thereof, published not less than ten or more than thirty days prior to the date of hearing, in three consecutive issues of at least one daily newspaper of general circulation in the Municipality.
(Ord. 87-1951. Passed 7-10-51.)
1141.35 ROADSIDE STAND.
"Roadside stand" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(Ord. 87-1951. Passed 7-10-51.)
1141.36 STABLES, PRIVATE.
"Private stables": The permissible number of horses stabled shall be limited as follows on any parcel of land.
(a) Less than one acre - none.
(b) More than one acre - one per each acre of land.
All construction for the purpose of housing animals shall be in accordance with approved standards for such purposes approved by the Building Inspector.
(Ord. 37-1971. Passed 12-29-71.)
1141.37 STORY.
"Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(Ord. 87-1951. Passed 7-10-51.)
1141.38 STORY, HALF.
"Half story" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level and in which space not more than two-thirds of the floor area is finished off for use.
(Ord. 87-1951. Passed 7-10-51.)
1141.39 STREET.
"Street" means all property lawfully dedicated for street purposes.
(Ord. 16-1979. Passed 12-12-79.)
1141.40 STREET LINES.
"Street lines" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street line then becomes the inside line of land reserved for street purposes.
(Ord. 87-1951. Passed 7-10-51.)
1141.41 STRUCTURE.
"Structure" means any building, shed or garage constructed or erected and primarily intended for a lawful use in any distruct, the use of which building requires a permanent location affixed to the ground by concrete footers and a solid masonry foundation or which is attached to something having permanent location on the ground customarily incident to the use of the main building, including advertising signs, billboards, pergolas or farmers' roadside stands but not including motor homes, travel trailers, cabin camps, railroad cars, cabin cars or mobile homes.
(Ord. 27-1972. Passed 6-21-72.)
1141.42 STRUCTURAL ALTERATIONS.
"Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical content of a building.
(Ord. 87-1951. Passed 7-10-51.)
1141.43 TOURIST HOME.
"Tourist home" means a dwelling where overnight accommodations are provided for automobile tourists.
(Ord. 87-1951. Passed 7-10-51.)
1141.44 TRAILER OR CABIN CAMPS.
"Trailer" or "cabin camps" means a tract or parcel of land open to the public upon which cabins for automobile tourists and/or spaces for trailers or trailer coaches are provided for a consideration, whether for overnight, by the day, the week or the month.
(Ord. 5-1956. Passed 3-21-56.)
1141.45 YARD.
"Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear year, the mean horizontal distance between the lot lines and the main building shall be used.
(Ord. 87-1951. Passed 7-10-51.)
1141.46 YARD, FRONT.
"Front yard" means a yard extending across the front of a lot between side lot lines and being the minimum horizontal distance between the street line and the main building or projection thereof.
(Ord. 87-1951. Passed 7-10-51.)
1141.47 YARD, REAR.
"Rear yard" means a yard extending across the rear of a lot measured between the side lot lines and being the minimum horizontal distance between the rear lot line and the rear of the main building or any other projection than steps. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots, the rear yard shall in all cases be the opposite end of the lot from the front yard.
(Ord. 87-1951. Passed 7-10-51.)
1141.48 YARD, SIDE.
"Side yard" means a yard between the main building and the side lines of the lot and extending from the front yard to the rear yard.
(Ord. 87-1951. Passed 7-10-51.)
1141.49 ZONING ORDINANCE.
"Zoning Ordinance" means Ordinance 87-1951, passed July 10, 1951, as amended, and codified herein as Titles Five through Nine of this Part Eleven - Planning and Zoning Code.
(Ord. 87-1951. Passed 7-10-51.)