101-1 DEFINITIONS  

For the purpose of this Resolution, certain terms and words are hereby defined.  Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word “building” shall include the word “structure”, the word “road” shall include the word “street” and the word “shall” is mandatory and not directory.

ACCESSORY USE: Accessory use or building is a subordinate use or building customarily incident to and located on the same lot occupied by the main use or building.

ACREAGE TRANSFER:  A piece of land that is transferred between adjacent owners or a lot that is over five acres and is divided into another lot.

AGRICULTURE: Any agricultural use, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry.

ALLEY: A way which affords only a secondary means of access to property abutting thereon.

APARTMENT: A room or suite of rooms intended, designed, or used as a residence by a single family.

APARTMENT HOTEL: A building designed for or containing both apartments and individual guest rooms or suites of rooms and apartments and in which may be furnished services ordinarily furnished by hotels, such as drugstore, barber shop, cigar and newsstands, when such uses are located entirely within the building with no entrance from the street and having no signs on display visible from the outside of the building indicating the existence of such use.

APARTMENT HOUSE: See Dwelling, Multiple

BASEMENT: A story having part, but not more than one-half (1/2) of its height above grade and used for storage, garages for use of occupants of the building, janitor or watchman quarters, or other utilities common for the rest of the building.  A basement used for the above purpose shall not be counted as a story.

BOARDING HOUSE: A building other than a hotel where for compensation and by arrangements, meals, or lodging and meals are provided for three (3) or more persons but not exceeding twenty (20) persons.

BOARD OF APPEALS: The Township Zoning Board of Appeals.

BUILDING: Any structure designed or built for the support, enclosure, shelter, or protection of persons, animals, chattels or property of any kind.

BUILDING, HEIGHT OF:  Accessory Structures - The vertical distance from the established/existing grade at the front of the building to the highest point of the ridge of the roof. Dwelling/Main Structures - The vertical distance from the finished grade at the front of the building to the highest point of the ridge of the roof.

CELLAR: That portion of a building between floor and ceiling which is wholly or partly below grade and having more than one-half (1/2) of its height below grade.

CLINIC: An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

CLUB: A building or portion thereof or premises owned or operated by a corporation, associating, person or persons for a social, educations, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

CONDITIONAL USE:   A specific use provided for in the zoning resolution which is not otherwise permitted in any zoning district but which may be permitted by the Zoning Board of Appeals under conditions set forth in the Zoning Resolution in accordance with Section 519.14 of the Ohio Revised Code.

CONDOMINIUM:   Commercial/Industrial Condominium - Individually owned commercial or industrial use unit located in a multi-unit structure or on land in common and operated by an association of owners whereby the owner has a recordable deed enabling him to sell, mortgage, transfer, exchange or otherwise convey ownership thereof.

          Residential Condominium - Individually owned dwelling unit located in a multi-unit structure or on land in common and operated by an association of owners whereby the owner has a recordable deed enabling him to sell, mortgage, transfer, exchange or otherwise convey ownership thereof.

CUL-DE-SAC- Permanent:   A minor street that one end of which connects with another street and the other end of which terminates in a vehicular turnaround.  The construction of the street conforms to the rules regulations, and standard specifications for road improvements in accordance with R.C. 711.10.

CUL-DE-SAC-Temporary:  A minor street that one end of which connects with another street and the other end of which terminates in a vehicular turnaround.  This type of street has the ability to be extended and the cul-de-sac removed when future development occurs.  The construction of the street conforms to the rules, regulations, and standard specifications for road improvements in accordance with R.C. 711.101.

DISTRICT: Any section of Madison Township for which the zoning regulations govern the use of building on premises, the height of buildings, the size of yards, and the intensity of use are uniform.

DWELLING: Any building or portion thereof which is designed for or used for residential purposes.

DWELLING, SINGLE FAMILY: A building designed for or occupied exclusively by one (1) family.

DWELLING, TWO FAMILY: A building designed for or occupied exclusively by two (2) families.

DWELLING, MULTIPLE: A building designed for or occupied exclusively by three (3) or more families.

EFFICIENCY - An apartment with a bath, some type of kitchen facility and a common living/bedroom area.

FAMILY: One or more persons occupying a dwelling and living as a single housekeeping unit and doing their own cooking on the premises, as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined.

FRONTAGE:   1. All the contiguous 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 the street.  Said frontage shall be maintained and not diminished from the right of way to the minimum building setback line.

                             2.  Frontage pertaining to individual lots will be the amount of contiguous property between two permanent parcel boundary lines abutting a dedicated and accepted road.  If the street is dead-ended, then all contiguous property between the permanent parcel boundary line and the dead-end of the street shall be defined as frontage.  Said frontage shall be maintained and not diminished from the right of way to the minimum required building setback line. 

GARAGE, PRIVATE: An accessory building designed or used for the storage of not more than four (4) motor-driven vehicles owned and used by the occupants of the building to which it is accessory.  Not more than one (1) of the vehicles may be a commercial vehicle of not more than two (2) ton capacity.

GARAGE, PUBLIC: A building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling, or storing motor-driven vehicles.

GARAGE, STORAGE OR PARKING: A building or portion thereof designed or used exclusively for term storage by prearrangement of motor-driven vehicles, as distinguished from daily storage furnished transients, and within which motor fuels and oils may be sold but no motor-driven vehicles are equipped, repaired, hired or sold.

GRADE:

(A) For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.

(B) For buildings having walls adjoining more than one street, the average of the 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 building.

HIGHWAY, MAJOR: A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.

HOME OCCUPATION: An occupation conducted in a dwelling unit, provided that:

(A) It is any occupation or activity carried on by a member of the immediate family.

(B) The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposed by its occupants, and not more than twenty-five (25%) percent of the floor area of the dwelling unit including all storage and reception areas shall be used in the conduct of the home occupation.

(C) There shall be no change of the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding three (3) square feet in area, non-illuminated.

(D) No traffic shall be generated by such home occupation with greater volume than would normally be expected in a residential neighborhood, any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this resolution, and shall not be located in a required front yard.

(E) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses off the lot if the occupation is conducted in a single family residence, or outside the dwelling unit if conducted in other than a single family residence.  In the case of electrical interference, no equipment or process shall be used which created visual or audible interferences in any radio or television receivers off the premises or cause fluctuations in line voltage off the premises.

(F) There shall be no commodity sold upon the premises.

HOTEL: A building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours.  As such, it is open to the public in contradistinction to a boarding house, a lodging house, or an apartment which are herein separately defined.

INSTITUTION: A building occupied by a non-profit corporation or a non-profit establishment for public use.

KENNEL, Commercial: Any use or premise whereby one or both of the following services are offered for a fee for domesticated animals: boarding or where minor medical treatment is offered or provided.

LAUNDROMAT: An establishment providing home type washing, drying, or rinsing machines for hire to be used by customers on the premises.

LOADING SPACE: A space near the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks, and having a minimum dimension of twelve (12) by thirty-five (35) feet and vertical clearance of at least fourteen (14) feet.

LODGING HOUSE:   A building, other than a hotel, boarding house, or motel, where lodging for three (3) or more persons, not exceeding six (6) persons, is provided for compensation pursuant to previous arrangements.

LOT: A parcel of land occupied or intended for occupancy by a use permitted in the Resolution, including one (1) main building together with the accessory building, the open spaces, and parking spaces required by this Resolution and having its principal frontage upon a street or upon an officially approved place.

LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection.

LOT, DOUBLE FRONTAGE: A lot having a frontage on two (2) non-intersecting streets as distinguished from a corner lot.

LOT OF RECORD: A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or Auditor of Lake County.

LOT SPLIT:  A new lot that is five acres or smaller and meets all of the zoning requirement and is being divided out of another parcel.

LOT, MINIMUM AREA OF: The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.

MANUFACTURED HOME: Is a non-self-propelled vehicle transportable in one or more sections which in the traveling mode is eight (8) body feet or more in width or forty (40) body feet or more in length or when erected on site is three hundred twenty (320) or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning, and electrical systems contained therein.  Calculations used to determine the number of square feet in a structure is based on the structure’s exterior dimensions measured at the largest horizontal projections when erected on site.  These dimensions include all expandable rooms, cabinets, and other projections containing interior space, but do not include bay windows.

MANUFACTURED HOME LOT: A parcel of land designated for the exclusive use of the occupants of a single manufactured home also termed manufactured home space.

MANUFACTURED HOME PARK: Means an area of land upon which three (3) or more occupied manufactured homes are harbored either free of charge or for revenue purposes, and shall include any buildings, structure, vehicle, or enclosure used or intended for use as a part of the equipment of such manufactured home park.

MODEL HOME: A structure designed and constructed as a dwelling unit, but used for display as a sample to denote type of dwelling which can be duplicated.  Model Homes are of two (2) types, Class A or Class B (Section 132.)

MOTOR COURT OR MOTEL: A building or group of building used for the temporary residence of motorists or travelers.

NON-CONFORMING USE: A building, structure, sign or use of land existing at the time of enactment of this Resolution which does not conform to the regulations of the district or zone in which it is situated.

PARKING AREA: That area which is set aside for the parking of motor vehicles on any premises and must conform to the off street parking regulation of the district in which it is located.

PARKING SPACE: A portion within a parking area which is designed for the parking and placement of one (1) motor vehicle.

PERSON: Means an individual, firm, partnership, corporation, company or association.

PLACE: An open unoccupied space or public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.

RECREATIONAL VEHICLE: Means a vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses properly licensed.

RESIDENTIAL FLOOR AREA: The area of a dwelling devoted to living purposes, including stairways, halls, and closets, but excluding porches and spaces used for a garage or carport.

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 areas, viaducts, and bridges, usually under the control of the state or local authority.

ROOMING HOUSE: See lodging house.

SATELLITE DISH ANTENNA: Also referred to as AEarth Stations@ or AGround Stations@ shall mean a signal receiving device (antenna, dish antenna, or dish type antenna), the purpose of which is to receive communication or other signals from satellites in earth orbit and other extraterrestrial sources.

SERVICE BUILDING: Means a building housing manager’s office, laundry facilities, maintenance equipment, toilet facilities for employees, and emergency sanitary accommodations.

SERVICE STATION: Any building, structure or land used for the dispensing, sale or offering for sale at retail of any fuels, oils, or accessories, including lubrication and repairs of motor vehicles.  Body or fender repair or spray painting prohibited.

SET-BACK: A line established parallel with and measured from the right-of-way defining the limits of a front yard.

SIGN: Any outdoor announcement, declaration, device, demonstration, or insignia used for direction, information, identification or to advertise or promote any business, product, activity, service or any interests.

(A) BUSINESS SIGN: A sign which identifies a building or directs attention to a business, product, activity or service manufactured, sold or offered upon the premises as the primary use (s) where such sign is located.

(B) INCIDENTAL SIGN: A name plate or sign relative to the lot, or use thereof and designating accessory uses, direction, identification, information, or real estate for sale, rent or lease.

(C) LANDMARKING AND SYMBOLIC STRUCTURES: A sign which conveys information or attracts attention by its architectural or sculptural character and not by alphabetic or numeric characters.

(D Political signs are defined as being signs concerning, by word or words, and/or picture, and/or design, and/or symbol, any one candidate or political party, issue, levy, referendum, or other matter whatsoever eligible to be voted upon in any general, primary, or special election. Political signs may be displayed lots in any district occupied with a structure.  Political signs shall not exceed sixteen (16) square feet per sign face and may be displayed for not more than three (3) - thirty (30) day periods per year in any zoning district.  Political signs shall not be placed closer than fifteen (15) feet from the traveled portion of the road and outside of the right of way, and shall not be placed upon buildings, trees, utility poles, or other such structures. No political sign shall be erected until a thirty five ($35.00) bond is placed with the office of the Zoning Inspector.  This bond will be returned if all signs are removed within five (5) days after the date of election.  Failure to remove all political signs will result in forfeiture of the bond.

(E) Political action signs are signs advocating, opposing or expressing an opinion regarding any type of political action, other than political signs.  Political action signs shall not exceed sixteen (16) square feet in size and shall be permitted to be used for thirty (30) consecutive days once a permit has been issued and shall not be permitted to be reused until sixty (60) days has elapsed commencing from the date of the sign being removed.

(E) PROJECTING SIGN: A sign suspended from or supported by a building, structure, or column and projecting out there from more than eighteen (18) inches.

(F) FACING: The surface of this sign upon, against, or through which the message of the sign is exhibited.

(G) SIGN SURFACE: The entire area within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display.

(H) SIGN STRUCTURE: The supports, uprights, bracing and frame work for the sign. In the case of a sign structure consisting of two (2) or more sides, where the angle formed between any of the sides (or the projection thereof) exceeds fifteen (15) degrees, each side shall be considered a separate sign structure.

(I) VIEWING DISTANCE: The continuous distance along the centerline of a public road along which the full face of a sign can be viewed.

STANDARD INDUSTRIAL CLASSIFICATION (SIC) MANUAL of 1987:  The manual used for the purpose of defining, describing and distinguishing the various uses within each section of the Zoning Resolution.

STORY: That portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling.

STORY, HALF: A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story.

STREET: The entire width between the boundary lines of every way dedicated for, and open to, the use of the public as a thoroughfare for purposes of vehicular travel which affords the principal means of access to abutting property.   A minor street is defined as a street primarily for providing access to residential or other property.

STREET LINE: A dividing line between a lot, tract, or parcel of land and a contiguous street.

STRUCTURE: Anything constructed or erected, the use of which requires permanent location on the ground or attachment to something have a permanent location on the ground.

STRUCTURAL ALTERATIONS: Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams, or girders.

SWIMMING POOL   An accessory structure used for recreational purposes, intended for the purpose of containing water, having a minimal depth of 3 feet, or a minimum surface area of 75 square feet or a minimum of 10 feet in diameter for circular pools, or being required by the manufacturer to use a filter system  

TOURIST HOME: A building other than a hotel where lodging is provided and offered to the public for compensation for not more than twenty (20) individuals and open to transient guests.

TOWNSHIP ZONING INSPECTOR: The legally designated township enforcing officer (or his authorized representative).

TRAILER: Any vehicle, or part thereof, without motive power initially designed or used for carrying property or person, wholly on its own structure and for being drawn by a motor vehicle, excepting house trailers and travel trailers.

UTILITY SHED: A detached portable or permanent structure designed and constructed for the storage of seasonal tools and implements normally found necessary in conjunction with the care and upkeep of properties surrounding a dwelling.

YARD: An open space at grade between a building and the adjoining lot lines, 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 the rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

YARD, FRONT: A yard extending across the front of a lot between the side lot lines.  For the purpose of calculating front yard area, the measurements shall be taken at the minimum horizontal distance between the street or place line and the main building, other than the projections of uncovered steps or handicap ramps.  On corner lots, the front yard shall be considered as parallel to the street upon which the lot has its least dimension.

YARD, REAR: A yard extending across the rear of a lot.  For the purpose of calculating rear yard area, the measurements shall be taken at the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof, other than the projections of uncovered steps or handicap ramps.  On all lots, the rear yard shall be to the rear of the front yard.

YARD, SIDE: A yard between the main building or any projection thereof and the side line of the lot from the required front yard to the required rear yard   For the purpose of calculating side yard area, the measurements shall be taken from the minimum horizontal distance between a side lot line and the side of the main building or any projections thereof, other than uncovered steps or handicap ramps. 

ZONING PERMIT: A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.