Granville Community Calendar

Ordinance 11-1993

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BY: 10.-
rro#
ORDINANCE NO. 11-93
1,

CL
6.3-93
AN ORDINANCE TO AMEND CHAPTER 1135.01 (A)OF THE CODIFIED
ORDINANCES OF THE VILLAGE OF GRANVILLE BY ADDING THE
DEFINITION OF "FAST FOOD RESTAURANTS"AND BY RENUMBERING
SUBSECTIONS THEREOF.
BE IT ORDAINED BY THE COUNCIL OF GRANVILLE, OHIO, that:
Section I: Chapter 1135 of the Codified Ordinances of the Village of Granville is
hereby amended to read as follows:
1135.01 LANGUAGE USE; MEANINGS.
a) Interpretation of Language: Unless the context otherwise requires,
the following definitions shall be used in the interpretation and construction of
the Zoning Ordinance. Words used in the present tense shall include the future;
the singular number shall include the plural, and the plural the singular; the word
used"shall include " arranged, designed, constructed, altered, converted,
rented, leased"or "intended to be used," and the word "shall"is mandatory and
not directory.
1. A" ccessory use or structure"means a use or structure subordinate to the
principal use of land which is located on the same lot serving a purpose
customarily incidental to the use of the principal building or land use.
2. " Agriculture"means the use of land for agricultural purposes, including
farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture,
and animal and poultry husbandry and the necessary accessory uses for
packing, treating or storing the produce; provided, however, that the
operation of any such accessory uses shall be secondary to that of normal
agriculture activities and provided further that the above uses shall not
include the commercial feeding of garbage or offal to swine or other animals.
3. " Alley on Lane"means a public or private way not more than thirty feet wide
affording only secondary means of access to abutting property.
4. " Apartment". See "dwelling, multi- family".
5. " Apartment house". See "dwelling, multi-family".
6. " 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 operable condition and where no repair work is done, including farm implemBnts, boats, motorcycles, bicycles, lawn mowers, etc.
7. A"utomobile service station"or f"illing station"means a building or other structure or a tract of land where gasoline, kerosene or any other motor vehicles is dispensed directly to users of motor vehicles.
8. A"utomobile Wash or Automatic Car Wash"means a building or structure vwehheircelems.echanical devices are employed for the purpose of washing motor
9, A"utomobile services"means the repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
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10B."asement"means a story whose floor line is below grade at any entrance or exit and whose ceiling is not more than five (5)feet above grade at any such
entrance or exit.
11.B"ed and Breakfast"means a home occupation as defined in Chapter 1181
of the Codified Zoning Ordinance where the occupants of a dwelling unit
provide a sleeping room and breakfast prepared and served on the premises
for remuneration to persons who are not family members.
12. " Beginning of construction"means the excavation and/ or the incorporation of
labor and material within the walls of the building or buildings.
13. " Block".In describing the boundaries of a district the word "block"refers to
the legal description. In all other cases, the word "block"refers to the
property abutting on one side of a street between two intersecting streets or a street and a railroad right of way or water course.
14B."oard"means the Board of Zoning and Building Appeals of the Village of Granville, Ohio.
15. " Boarding House"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, where no cooking or dinning facilities ate provided in individual rooms.
16B."uilding"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 wall extending from the ground up, each part is deemed a separate building, except as regards minimum side yard requirements as herein after provided.
17. " Building, height of' means the vertical distance from the average contact
with ground level at the front wall of the building to the highest point of the roof.
18. " Building line"means the front yard setback; a line established by this
Ordinance, generally parallel with and measured perpendicularly from the
front lot line, defining the limits of a front yard in which no building or structure may be provided by this Ordinance.
19B."usiness c(ommercial)m"eans a concentration of a wide variety of offices and retail establishments located on at the intersection of arterial streets as specified by the Master Plan.
20C."emetery"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. C" ity"or V" illage"m, eans the municipal corporation of Granville, Licking County, Ohio.
22. C" linic"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
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surgical attention, but who are not provided with board or room nor kept
overnight on the premises.
23C."onditional use"means a use which more intensely affects the surrounding
area in which it is located than permitted uses in the same district. A
conditional use permit shall be granted if, upon review of the site plan, the
Planning Commission determines that all criteria stated in Chapter 1145 have
been met.
24C."ommission"means the Planning Commission of the Village of Granville,
Ohio.
25C."onvalescent home"means a home designed for the care of patients after
they leave the hospital but before they are released from observation and
treatment.
26C."ouncil"means the Council of the Village of Granville, Ohio.
27C."ourt"means the an open unoccupied and unobstructed space, other than a
yard, on the same lot with a building of group of buildings.
28. " Density"used as a unit of measurement, means the number of dwelling units
per acre of land.
A. " Gross density"means the number of dwelling units per acre of
land to be developed; that is, including that area in publicity
dedicated land.
B. "Net density"means the number of dwelling units per acre of land
exclusive of that area in publicly dedicated land.
29. "Development Disability"means a disability that originated before the
attainment of eighteen years of age and can be expected to continue
indefinitely, constitutes a substantial handicap to the person's ability to
function normally in society, and is attributable to mental retardation,
cerebral palsy, epilepsy, autism or any other condition found to be closely
related to mental retardation because such condition results in similar
treatment and services.
30. " District"means all properties of the same use, height and area classification
which adjoin or are continuous without intervening property or another
classification, regardless of any street, alley, easement or reserve that may intervene. Separate districts include the Village District, the Community
Service District, the Suburban Residential District , the Open Space District, the University District and the Planned Districts as indicated by the official
Zoning Map. For a detailed definition, see the statement of purpose of each respective district.
31. D"welling unit"means space within a building comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one family and its household employees.
32. D"welling, singlef-amily"means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.
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33. "Dwelling, two-family"means a building consisting of two dwelling units
which may be either attached side by side or one above the other, each unit
having either a separate or combined entrance or entrances.
34. " Dwelling, multi-family"means a building consisting or three of more
dwelling units including condominiums with varying arrangements of
entrances and party walls. Multi-family housing may include public housing
and industrialized units.
35. " Dwelling, industrialized unit"means an assembly of materials or products
comprising all or part of a total structure which, when constructed, is selfsufficient
or substantially self-sufficient when installed, constitutes a dwelling
unit, except for necessary preparations for its placement period.
36. " Dwelling, mobile home"means an attached dwelling unit designed to be
transported on highways, and when arriving at the site for placement
involving dnly minor and incidental unpacking, assembling and connection
operations, but which involves no substantial reconstruction which would
render the unit unfit as a conveyance on the highway. The unit shall be
considered as real property if such reconstruction is undertaken.
37.E"asement"means an interest in land owned by another that entities its
holder to a specific limited use of enjoyment.
38. "Essential services"means the erection, construction, alternation or
maintenance, by public utilities or municipal or other governmental agencies,
of underground, surface or overhead gas, electrical, steam or water
transmission or distribution systems, collection, communication, supply or
disposal systems, including 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,
reasonable necessary for the furnishing of adequate service by such public
utilities or municipal or other governmental agencies or for the public health
or safety or general welfare, but not including buildings.
39F."amily"means one or more persons related by blood, adoption, marriage,
guardianship or foster parent contract, living together as a single
housekeeping unit, exclusive of household servants. A number of persons
not exceeding three exclusive of household servants living together as a single housekeeping unit but not related by blood, adoption, marriage,
guardianship or foster parent contract, shall be deemed to be a family. A
number of persons with developmental disabilities not exceeding six,
exclusive of not more than two house parents and employees caring for the
persons with developmental disabilities, living together as a single
housekeeping unit but not related by blood, adoption, marriage, guardianship
or foster parent contract residing in a dwelling unit which meets all
specifications for a family model home shall be deemed to be a family.
40F."amily model home"means a dwelling unit occupied as a home that
provides room and board, personal care, habilitation services and
supervision in a family setting for not more than six persons with
developmental disabilities, exclusive of not more than two house parents and employees caring for the persons residing there with developmental
disabilities, and licensed and regulated by the Ohio Department of Mental Retardation and Developmental Disabilities.
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41." Fast Food Restaurant"means an establishment whose principal business is
the sale of pre-prepared or rapidly prepared food directly to the customer in a
ready-to-consume state for consumption either within the restaurant building
or off premises.
42F."lood Plain"means that land, including the floodway fringe and floodway,
subject to inundation by the regional or "100-year"flood.
43.F"lood"S. ee Chapter 1177.
44F."loodway fringe"S.ee Chapter 1177.
45.F"loodway"S.ee Chapter 1177.
46.Garage or car port, private"means a detached accessory building or a
portion of the principal building used by the occupants of the premises for the
storage of self-propelled vehicles or trailers.
47. " Garage, public"means a structure or portion thereof, other than a private
garage, used for the storage, sale, hire, care, repair, or refinishing of selfpropelled
vehicles or trailers.
48H."ome occupation"means any occupation conducted in a dwelling unit by a resident occupant. See Chapter 1181.
49H."ospital"means a place used for the care, diagnosis and treatment of sick,
ailing, infirm, or injured persons, and those who are in need of medical and
surgical attention, and who are provided with board or room or kept overnight
on the premises.
50H."otel"m, o"tel"and a"partment hotel"means a building in which lodging or boarding and lodging are provided and offered to the public for
compensation. As such it is open to the public in contradistinction to a boarding house, rooming house, lodging house, fraternity, sorority or , dormitory which is separately defined.
51. I"ndustry"means the storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
52. J"unk 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 not including such places where such uses are conducted entirely within a completely enclosed building, and not including 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.
53. K"ennel of Cattery"means any lot or premises on which four or more domesticated animals more than four months of age are either commercially housed, groomed, bred, boarded, trained or sold.
54. L"and Use Plan"means the longr-ange plan for the desirable use of land in the village, as officially adopted and as amended from the time to time by the
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Village Planning Commission; the purpose of such plan being, among other
things, to serve as a guide in the zoning and progressive changes in the
zoning of land to meet 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.
55. " Light Industrial"means industrial activities which are generally free of
nuisance from noise, dust, smoke, odor or vibration.
56P."lanned industrial"means coordination and integration of industrial uses
designed as separate elements of one specific site layout.
57.L"oading Space"means an offs-treet space or berth on the same lot with a
building or contiguous to a group of buildings for temporary parking of a
commercial vehicle while loading or unloading merchandise or materials.
58L."ot"means a division of land separated from other divisions for purposes of
sale, lease or separate use, described on a recorded subdivision plat, or by
metes and bounds.
59. " Lot, corner"means a lot located at the intersection of two of more streets. A
lot abutting on a curved street or streets shall be considered a corner lot if
the side lot lines to the foremost depth of the lot meet at an interior angle of
less than 135 degrees. Irrespective of building orientation, on a corner lot the
setback for the front yard for that use shall apply to all sides of the lot having
frontage on publicly dedicated rights of way.
60.L"ot Coverage"means the ratio of the enclosed ground floor area of all
buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
61. "Lot line, front"means the lot line separating an interior lot from the street
right of way upon which it abuts or the shortest lot line of a corner lot which
abuts upon a street right of way. Unless the context clearly indicated the
contrary, it shall be construed as synonymous with street right of way.
62L."ot Measurement":
A. L"ot depth"means the mean horizontal distance of a lot measures between the front and rear lot lines.
B. L"ot width"means the width of a lot at the building setback line measured at right angles to its depth.
63.L"ot, minimum area of' means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfa're.
64. L"ot of record"means a lot which is part of the original Village Plat or a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded .
65. L"ot line, rear"means that lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten feet, the minimum rear yard
shall be computed from the point ofintersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a
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corner lot, the rear lot line is opposite and most further removed from the
front lot line of least dimension.
66. " Manufacturing". See "industry:.
67. " Mineral"means any material quarried, mined or otherwise extracted from the
earth which is intended to be used as a commercial product.
68M."obile home"S. ee d"welling, mobile home".
69M."obile home park"means any site or tract of land under single ownership,
upon which two or more mobile homes used for habitation are parked, either
free of charge or for revenue purposes; including any roadway, building,
structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
70N."onconforming use"means the use of land or a building, or portion thereof,
which does not conform with the use regulations of the district of the district in which it is situated (see Section 1149.01).
71.N"ursery p(lant material)m"eans a space including accessory buildings or structures for the growing or storage of live trees, shrubs or plant materials
which may be offered for retail sale on the premises, including products used for gardening or landscaping.
72N."ursery d(ay care center)m"eans a facility which temporarily assumes responsibility for children in their parent's absence.
73N."ursing home"includes convalescent and extended care facilities, and
means an establishment which specializes in providing necessary services to those unable to be responsible for themselves.
74O."pen space"means that part of a zoning lot, including courts or yards, which is open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning lot. Open space also means unique, natural scenic land areas and land areas that are characterized by a rural quality having an absence of development or as defined by surrounding development.
75P."arking area, private"means an open area for the same uses as a private garage.
76. P"arking 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.
77. P"arking space"means a permanently surfaced area not less than 200 square feet, either with a structure or in the open, exclusive of driveways or access drives for the parking of one motor vehicle.
78.P"er"mitted use"means a class of specific uses of land ando/r structures which is allowed by right within a designated zoning district, given conformance to site development and other criteria as specified within this Zoning Ordinance.
79. " Recreational vehicles sales area". See " Automobile sales area".
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80. " Research activities"means research, development and testing related to
such fields as chemical, pharmaceutical, medical, electrical, transportation
and engineering. All research testing and development shall be carried on
within entirely enclosed buildings, and no noise, smoke, glare, vibration or
odor shall be detected outside of such building.
81. "Rooming house"means a dwelling occupied by an owner and three or more
rent-paying persons, by a duly authorized agent of an owner and three or
more rent-paying persons, or by four or more persons unrelated by blood,
adoption, marriage, guardianship or foster parent contract. A family model
home as defined in this section shall not be deemed to be a rooming house.
82S."chool, elementary and high"means an institution of learning which offers
instruction in the several branches of learning and study required to be
taught in the schools by the applicable laws of the State. High schools
include junior and senior grades.
83S."ign"means any device as defined in Section 1189.02 (a).
84S."table, commercial"means a stable for horses, donkeys, mules or ponies which are let, hired, used or boarded on a commercial basis and for
compensation.
85S."table, private"means an accessory building for the keeping of horses,
donkeys, mules or ponies owned by the occupant of the premises and not kept for remuneration, hire or sale.
86. S"tandard, performance"means a criterion established in the interest of
protecting the public health and safety from the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land use.
87. S" tory"means that portion of a building, included between the surface of any floor above it, then the space between the floor and the ceiling next above it.
88. S" treet t"h o"roughfare"means a public or private way for the purposes of vehicular travel, including the entire area with the right of way.
89. S"tructure"means anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
90. S"tructural alternation"means any change in the structural members of a building, such as walls, columns, beams, or girders.
91Y."ard"means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard subject to height limitations and requirements limiting obstruction of visibility. A. Y"ard Front"means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building. B. Y"ard, rear"means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building,
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Section 11:
Section 111:
Section IV:
Passed this
ATTEST:
C. " Yard, side"means a yard extending from the principal building to the
side lot line on both sides of the principal building between the lines
establishing the front and rear yards.
92Z."oning Inspector"means the Zoning Inspector of the Village of Granville, or
his authorized representative.
93Z."oning Map"means the Zoning Map of the Village of Granville, together with
all amendments subsequently adopted.
94Z."oning Certificate"means a document issued by the Village Manager
authorizing buildings, structures or uses consistent with the terms of this
Zoning Ordinance and for the purpose of carrying out and enforcing its
provisions.
Existing Section 1135.01 (a)of Chapter 1135 is hereby repealed.
It is found and determined that all formal actions of this Council
concerning and relating to the adoption of this ordinance were adopted in
an open meeting of this Council, and that all deliberations of this Council
and any of its committees that resulted in such formal action, were in
meetings open to the public, in compliance with all legal requirements
including Section 2.09 of the Granville Village Charter.
This ordinance shall be effective from and after the earliest date allowed
by law.
Clerk of Council
APPROVED AS TO FORM:
day of
Mayor
1993.
Law Director

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