CHAPTER 1101

General Provisions

1101.01 Title.
1101.02 Purpose.
1101.03 Interpretation; conflict of laws.
1101.04 Definitions.
1101.05 Severability.

CROSS REFERENCES

Effects of districting and general regulations - see P. & Z. Ch. 1109
Administration, enforcement and penalty - see P. & Z. Ch. 1189
Housing Code - see BLDG. Ch. 1361


1101.01 TITLE.
This Part Eleven - Planning and Zoning Code shall be known and may be cited and referred to as the "City of Bellaire, Ohio, Zoning Code" or just the "Zoning Code".
(Ord. 196. Passed 11-21-63.)


1101.02 PURPOSE.
This Zoning Code is enacted for the purpose of promoting the public health, safety, morals and general welfare; to conserve and protect property and property values; to secure the most appropriate use of land, and to facilitate adequate and economical provisions for public improvements in accordance with a comprehensive plan for the desirable future development of the City; and to provide for administration and prescribe penalties for violation of provisions thereof.
(Ord. 196. Passed 11-21-63.)


1101.03 INTERPRETATION; CONFLICT OF LAWS.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Code shall govern.
(Ord. 196. Passed 11-21-63.)


1101.04 DEFINITIONS.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code. Words used in the present tense include the future, the singular includes the plural, and the plural the singular. The word "building" includes the word "structure"; the word "used" includes arranged, designed, constructed, altered, converted, rented, leased or intended to be used; and the word "shall " is mandatory and not directory.
(1) "Accessory use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land, and which is located on the same lot and serves a purpose customarily incidental to the use of the principal building or land.
(2) "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. However, the operation of any such accessory uses are secondary to that of normal agricultural activities and the above uses do not include the commercial feeding of garbage or offal to swine or other animals.
(3) "Alley or lane" means a public or private way not more than thirty feet wide affording only secondary means of access to abutting property.
(4) "Apartment, efficiency" means a dwelling unit in a multi-family building, consisting of not more than one habitable room, together with kitchen or kitchenette and sanitary facilities.
(5) "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(6) "Apartment house" - see "Dwelling, multi-family".
(7) "Automobile repair, major" means the general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services including body, frame or fender straightening or repair; overall painting or paint shops; and vehicle steam cleaning.
(8) "Automobile repair, minor" means incidental body or fender work, other minor repairs, painting and upholstering, replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under "automobile repair, major", or any other such repairs similar thereto.
(9) "Automobile or trailer sales area" means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in an operable condition and where no repair work is done.
(10) "Automobile service station or filling station" means a building or portion thereof or premises used for dispensing or offering for sale at retail, gasoline, when stored only in underground tanks, kerosene, lubricating oil or grease for the operation of motor vehicles, and where tires, batteries and similar automotive accessories may be offered for sale on the premises at retail; and includes tuning motors, minor wheel and brake adjustment and other minor services and installations customarily incidental thereto.
(11) "Automobile wash or automatic car wash" means a building or structure where chain conveyors, blowers, steam cleaners and other mechanical devices are employed for the purpose of washing motor vehicles.
(12) "Automobile wrecking" means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(13) "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining ground (as distinguished from a "cellar" which is a story more than one-half below such level). A basement, when used as a dwelling, is counted as a story for purposes of height measurement, and as a half-story for purposes of side yard determination.
(14) "Billboard or signboard" means any structure or portion thereof, situated on private premises, on which lettered, figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such structure or portion thereof, the area of which, devoted to advertising purposes, exceeds 100 square feet. This definition does not include any board, sign or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcements of meetings to be held on premises wherein such bulletin boards are located, nor does it include a real estate sign advertising for sale or rent the property upon which it stands.
(15) "Board" means the Board of Zoning Appeals of the City.
(16) "Boarding or lodging house" means a dwelling or part thereof occupied by a single housekeeping unit where meals and lodging are provided for three or more persons for compensation by previous arrangement, but not for transients.
(17) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as hereinafter provided.
(18) "Building, height" means the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between the eaves and the ridge for gable, hip or gambrel roofs.
(19) "Cellar" means a story, the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar is not included as a story in measuring building height.
(20) "Cemetery" means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
(21) "City" means the incorporated City of Bellaire, Belmont County, State of Ohio.
(22) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons and those who are in need of medical or surgical attention but who are not provided with board or room nor kept overnight on the premises.
(23) "Club" means a nonprofit association of persons who are bona fide members, paying regular dues and are organized for some common purpose, but does not include a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(24) "Commission" means the City Planning Commission of the City.
(25) "Council" means the City Council of the City of Bellaire, Ohio.
(26) "Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
(27) "District" means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of this Zoning Code. The term "R-District" means any R-1, R-2 or R-3 District; the term "B-District" means any B-1, B-2 or B-3 District; and the term "M-District" means any M-District.
(28) "Dwelling" means any building or portion thereof occupied or intended for occupancy exclusively as the residence or sleeping place of one or more persons, but does not include a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.
(29) "Dwelling, single-family" means a building occupied or intended for occupancy exclusively for residential purposes by one family or housekeeping unit.
(30) "Dwelling, two-family" means a building with separate housekeeping units occupied or intended for occupancy by two families living independently of each other.
(31) "Dwelling, multi-family" means a building or portion thereof with separate housekeeping units occupied or intended for occupancy by three or more families living independently of each other.
(32) "Dwelling unit" means one or more rooms occupied or intended for occupancy by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(33) "Dwelling group" means a group of two or more one-family, two-family or multiple dwellings located on a parcel of land under one ownership and having any yard or court in common.
(34) "Essential services" means the erection, construction, alteration or maintenance, by public utilities, municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, and includes poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities, municipal or other governmental agencies or for the public health, safety or general welfare, but does not include buildings.
(35) "Family" means one or more individuals related by blood, marriage or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling and maintaining and using the same and certain other housekeeping facilities in common, and having such meals as they may eat at home prepared and eaten together.
(36) "Frontage" means that boundary of a lot which is along an existing or dedicated public street, or, where no public street exists, is along a public way. Where a lot abuts more than one street, the Board shall determine the frontage for the purposes of this Zoning Code.
(37) "Garage, private" means a detached accessory building or a portion of the principal building used or intended for use by the occupants of the premises for the storage of self-propelled passenger vehicles or trailers.
(38) "Garage, public" means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
(39) "Home occupation" means any occupation which is customarily incidental to the principal use of the premises as a residence and is conducted by the resident occupant.
(40) "Hospital" means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitaria and sanatoria.
(41) "Hotel" means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing fifteen or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite. This definition does not include hospitals and jails.
(42) "Industry" means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity for commercial use.
(43) "Junk or salvage yard" means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but does not include such places where such uses are conducted entirely within a completely enclosed building, and does not include pawn shops and establishments for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
(44) "Kennel" means any structure or premises on which five or more dogs over four months of age are kept.
(45) "Kitchen" means any room in a building or dwelling unit which is used for cooking or the preparation of food.
(46) "Land use plan" means the long-range plan for the desirable use of land in the City as officially adopted and amended from time to time by the Planning Commission. The purpose of such plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs, in the subdividing and use of undeveloped land, and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.
(47) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(48) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, having frontage on a public street.
(49) "Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner".
(50) "Lot, interior" means a lot other than a corner lot.
(51) "Lot, depth" means the mean horizontal distance between the front and the rear lot lines.
(52) "Lot lines" means the property lines bounding the lot.
(53) "Lot line, front" means the line separating the lot from the street on which it fronts.
(54) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(55) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a "side street lot line". A side lot line separating a lot from another lot or lots is called an "interior side lot line".
(56) "Lot line, street or alley" means a lot line separating the lot from a street or alley.
(57) "Lot width" means the mean width of the lot measured at right angles to its depth.
(58) "Lot area" means the computed area contained within the lot lines.
(59) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
(60) "Lot of record" means a lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or a parcel of land the deed of which was on record as of the effective date of this Zoning Code.
(61) "Mineral" means any chemical compound occurring naturally as a product of inorganic process.
(62) "Motel or motor hotel" means a series of attached, semi-attached or detached sleeping or living units, for the accommodation of automobile transient guests not including individual cooking or kitchen facilities, and having convenient access to off-street parking spaces for the exclusive use of the guests or occupants.
(63) "Nonconforming use" means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Code, or any amendment thereto, and which does not conform with the use regulations of the district in which located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards or courts, or distance requirements from more restricted districts or uses, is not considered a nonconforming use.
(64) "Parking area, private" means an open area for the same uses as a private garage.
(65) "Parking area, public" means an open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free or as an accommodation for clients or customers.
(66) "Parking space" means a permanently surfaced area of not less than 160 square feet, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
(67) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural products produced on the premises upon which such a stand is located.
(68) "School, elementary and high" means an institution of learning which offers instructions in the several branches of learning and study required to be taught in the public schools by the applicable statutes of the State. High schools include junior and senior grades.
(69) "Sign, area of" means the total exterior surface computed in square feet of a sign having but one exposed exterior surface; one-half the total of the exposed exterior surface computed in square feet of a sign having more than one such surface.
(70) "Shopping center" means a commercial development constructed in accordance with Chapter 1161.
(71) "Shopping center, neighborhood" means a shopping center the principal establishment of which is customarily a supermarket type grocery store or a drugstore.
(72) "Stable, commercial" means a stable for horses, mules or ponies which are let, hired, used or boarded on a commercial basis and for compensation.
(73) "Stable, private" means an accessory building for the keeping of horses, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
(74) "Standard, performance" means a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(75) "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 above it.
(76) "Story, half" means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story. However, any partial story used for residence purposes is considered a full story.
(77) "Story, first" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building; except that any basement or cellar used for residence purposes is considered to be the first story. A basement or cellar used purely for recreational purposes is not considered to be the first story.
(78) "Story, mezzanine" means a story which covers one-third or less of the area of the story directly underneath it. A mezzanine is considered to be a full story if it covers more than one-third of the area of the story directly under such mezzanine.
(79) "Street" means a public right of way fifty feet or more in width which provides a public means of access to abutting property, or any such right of way more than thirty feet and less than fifty feet in width provided it existed prior to the enactment of this Zoning Code. The term street includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
(80) "Structure" means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
(81) "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
(82) "Tourist home" means a building or part thereof, other than a hotel, boarding house, lodging house or motel, where lodging is provided by a resident family in its home for compensation; and mainly for transients.
(83) "Trailer or mobile home", including "automobile trailer", "trailer coach", "house trailer" or "mobile home", means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters; or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage or conveyance for goods, equipment or machinery, and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor power.
(84) "Trailer or mobile home park or camp" means any lot or part thereof, or any parcel of land which is used or offered as a location for two or more trailers used for any purposes set forth in subsection (83) hereof.
(85) "Thoroughfare, primary or secondary" means an officially designated Federal or State numbered highway or County or other road or street designated as a primary thoroughfare on the official Thoroughfare Plan of the City, or a County or other road or street designated as a secondary thoroughfare on the Plan, respectively.
(86) "Thoroughfare Plan" means the official Thoroughfare Plan of, and as adopted by, the Planning Commission, establishing the location and official right-of-way width of principal highways and streets in the City, on file in the office of the City Clerk and the City Planning Commission, dated October 15, 1963, together with all amendments thereto subsequently adopted.
(87) "Use" means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
(88) "Use, first permitted in "X" District" means a use which, in the sequence of successively less restricted districts, occurs as a permitted use for the first time in the "X" District.
(89) "Yard" means an open space on a lot, other than a court, which is unoccupied and unobstructed from the ground upward except as otherwise provided in this Zoning Code.
(90) "Yard, front" means a yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot.
(91) "Yard, front; how measured". Such depth is measured from the right-of-way line of the existing street on which the lot fronts (the front lot line). However, if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the Official Map differs from that of the existing street, then the required front yard's least depth shall be measured from the right-of-way line of such street as designated on the Thoroughfare Plan or Official Map.
(92) "Yard, rear" means a yard extending acrosss the full width of the lot, the depth of which is the minimum distance between the rear lot line and a line parallel thereto on the lot.
(93) "Yard, side" means a yard extending the full depth of the lot, the width of which is the minimum horizontal distance between the side lot line and a line parallel thereto on the lot.
(94) "Side yard, least width; how measured". Such width is measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street. However, if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the Official Map differs from that of the existing street, then the required side yard's least width shall be measured from the right-of-way of such street as designated on the Thoroughfare Plan or the Official Map.
(95) "Zoning Inspector" means the Zoning or Building Inspector or his authorized representative, appointed as such by the Mayor of the City.
(96) "Zoning Map" means the Zoning Map or Maps of the City, dated October 15, 1963, together with all amendments subsequently adopted.
(97) "Zoning certificate" means a document issued by the Zoning or Building Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.
(98) "Zoning Code" means Ordinance 196, passed November 21, 1963, codified herein as Part Eleven - Planning and Zoning Code.
(Ord. 196. Passed 11-21-63.)


1101.05 SEVERABILITY.
This Zoning Code and the various chapters, sections and subsections thereof are hereby declared to be severable. If any chapter, section, subsection, paragraph, sentence or phrase of this Zoning Code is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Code shall not be affected thereby.
(Ord. 196. Passed 11-21-63.)


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