Chapter 99.01.05. Applied meanings of words and terms.

"Accessory building." A building, the use of which is incidental to that of the main building(s) on the premises, and which is not intended to be used as a dwelling.

"Accessory use." 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 serving a purpose customarily incidental to the use of the principal building or land use.

"Agent." Any person who has been designated by the owner of a building, or part thereof, in which dwelling units or rooming units are to be let, as the owner's legal representative for the receipt of process pursuant to this Ordinance.

"Alterations, structural." see structurally altered.

"Approved." As applied to a material, device or method of construction, shall mean approved by the code official under the provisions of this ordinance, or approved by other authority designated by law to give approval in the matter in question.

"Automobile repair." The repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting, and steam cleaning of vehicles.

"Automobile service station or filling station." A place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.

"Automobile wrecking." 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.

"Basement." A story all or partly underground but having at least one-half of its height below the average level of the adjoining ground (see Story).

"Bathroom." A nonhabitable room of not less than 30 square feet which affords privacy to a person within said room and which is equipped with a sink, a shower or bathtub and a flush water closet, all of which are in good working condition. Such room shall comply with all standards for lighting, ventilation and electrical outlets.

"Building, principal." A building in which is conducted the main or principal use of the lot on which said building is situated.

"Bulk controls." Standards and controls that establish the maximum size of buildings and structures on a lot and the buildable area within which the building can be located, including coverage, setbacks, height, floor area ratio, and yard requirements.

"Business, wholesale." Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

"Blight." Condition of damage, decay, dilapidation, age, or obsolescence producing inadequate provision for ventilation, light, air, sanitation, or open space, or unsafe and unsanitary conditions, or conditions which endanger lives or properties by fire or other hazards and causes, or conditions conducive to ill health, transmission of disease, or conditions detrimental to the public health, safety, and general welfare, or conditions leading to a significant decrease in property values including, but not limited to graffiti, in adjacent properties, or other identified hazards to health and safety.

"Building code." The building code officially adopted by the legislative body of this jurisdiction, or such other code as may be officially designated by the legislative body of the jurisdiction for the regulation of construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures.

"Building official." The official designated by the jurisdiction to enforce building, zoning or similar laws, or a duly authorized representative.

"Campground." An area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.

"Cellar." That portion of a building which is partly or completely below grade and having at least one-half its height below grade (see Basement).

"Cemetery." Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of such cemetery.

"Central heating." The heating system permanently installed and adjusted so as to provide the distribution of heat to all habitable rooms, bathrooms and water closet compartments from a source outside of these rooms.

"Certificate of zoning compliance." Written verification from the zoning inspector that the use of the subject property complies with the zoning laws.

"Child." Any person 17 years of age or younger.

"Club." A building or portion thereof or premises owned or operated by a person for a social literary, political, educational, or recreational purpose primarily for the exclusive use of members and their guests.

"Code official." The official who is charged with the administration and enforcement of this Code, or any duly authorized representative.

"Common areas." Those interior areas in a multi-family dwelling or rooming house used by the occupants of two or more dwelling units, including, but not limited to, common hallways, storage areas, lounges or common rooms, and basements.

"Compliance." Conformance with the provisions of this Code or lawful orders promulgated therefrom.

"Comprehensive city plan." A plan, or any portion thereof, adopted by the commission and the legislative authority of the City of Athens showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.

"Condemn." To adjudge unfit for use or occupancy.

"Condemnation." The act of judicially condemning.

"Conditionally permitted use." A use permitted within a zone other than a principally permitted use, requiring a conditional use permit and approval of the BZA.

"Conditional use permit." A permit issued by the zoning administrator upon approval by the BZA to allow a use other than a principally permitted use to be established within the zone.

"Condominium." A building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.

"Converted dwelling unit." Any dwelling unit which has had a change in nature or use to any of the following: Two-family, multi-family, apartment, boarding house, rooming house, lodging house, or rented property (for which a rental permit is required under Section 29.03.01).

"Corner lot." (See Lot types)

"Cul-de-sac." (See Thoroughfare)

"Dilapidated building." A structure that is no longer adequate for the purpose or use for which it was originally intended.

"Domestic animals." Those animals commonly accepted as domesticated household pets. Domestic animals shall include dogs, cats, caged birds, gerbils, hamsters, guinea pigs, rats, mice, chinchillas, ferrets, domesticated rabbits, fish, arthropods, nonpoisonous or nonvenomous reptiles or amphibians.

"Dwelling." Any building or structure (except a house trailer or mobile home as defined by Ohio Revised Code 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.

"Dwelling, multi-family." A dwelling consisting of three or more dwelling units including condominiums with varying arrangements of entrances and shared walls.

"Dwelling, rooming house (boarding house, lodging house, dormitory, fraternity and sorority chapter houses)." A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for six or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

"Dwellings." Whenever the words, "multi-family dwelling," "residence building," "dwelling unit," "rooming house," "rooming unit" or "premises" are used in this Code, they shall be construed as though they were followed by the words, "or any part thereof." For specific definitions, see Chapter 23.12 of the Athens City Code.

"Dwelling, single family." A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

"Dwelling, two-family." A building on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall, except for a common stairwell exterior to both dwelling units.

"Dwelling unit." A single unit providing complete, independent living facilities for one or more persons including permanent provisions for living, sleeping, eating, cooking and sanitation.

"Easement." Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of the owner's property. A grant of one or more of the property rights by the property owner to and/or for specific use by the public, a corporation, or another person or entity.

"Egress." A means to travel from the interior of a building to the exterior at ground level.

"Enforcement officer." The official designated herein or otherwise charged with the responsibilities of administering this Code, or the official's authorized representative.

"Essential services." Services and utilities needed for the health, safety, and general welfare of the community, such as underground, surface, or overhead electrical, gas, telephone, steam, water, sewerage, traffic control devices and other utilities and the equipment and appurtenances necessary for such systems to furnish an adequate level of service for the area in which it is located.

"Exterior property areas." The open space on the premises and on adjoining property under the control of owners or operators of such premises.

"Extermination." The control and elimination of insects, rats or other pests by eliminating their harborage places; by removing or making inaccessible materials that may serve as their food; by poison, spraying, fumigating, trapping or by any other approved pest elimination methods.

"Family." One or more persons related by blood, marriage, or adoption.

"Fence." An artificially constructed barrier of any material or combination of materials erected to enclose, screen, or separate areas.

"Garage, private." A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:

(A)

Not more than one space is rented for parking to person not resident on the premises;

(B)

No more than one commercial vehicle per dwelling unit is parked or stored;

(C)

The commercial vehicle permitted does not exceed two tons capacity.

"Garage, public." A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.

"Garbage." See Chapter 5.02 of Athens City Code.

"Graffiti." Any unauthorized inscription, word, figure, painting or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted or engraved on or otherwise affixed to any surface of public or private property by an graffiti implement, to the extent that the graffiti was not authorized in advance by the owner or occupant of the property, or, despite advanced authorization, is otherwise deemed a public nuisance.

"Guardrail." A system of components installed in elevated places such as open-sided floors, balconies, platforms, stairways, and ramps, which serve as protective barriers to prevent people and equipment from falling to the adjacent surface.

"Guest." For determining occupancy standards, any person who shares a dwelling unit or rooming unit on a nonpermanent status for not more than 30 days in a single year.

"Habitable room." A room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries, foyers or communication corridors, closets and storage spaces.

"Handrail." A horizontal or sloping rail grasped by the hand for guidance or support or for arresting falls to the adjacent surface.

"Heated water." Water heated to a temperature of not less than 110?. at the outlet, giving appropriate consideration for a reasonable amount of time to reheat the water during peak periods of use.

"Heating device." All furnaces, unit heaters, domestic incinerators, cooking and heating stoves and ranges, and other similar devices.

"Historic district." A district or zone designated by a local authority or state or federal government within which the buildings, structures, appurtenances, and places are of basic and vital importance because of their association with history; or because of their unique architectural style and scale, including color, proportion, form, and architectural detail or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.

"Home occupation." Any activity carried out for grain by a resident and conducted as a customary, incidental, and accessory use in the resident's dwelling unit.

"Hotel." Any building or portion thereof containing five or more guestrooms or suites where no provision for cooking is made in any individual guestroom or suite.

"Housekeeping unit." One, two, or three persons at least one of whom is not related by blood, marriage, or adoption and who share a common kitchen and living spaces.

"Infestation." The presence within a structure of insects, rats, vermin or other pests in a manner that constitutes a potential health hazard.

"Junk." Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition.

"Junk buildings, junk shops, junk yards." Any land, property, structure, building, or combination of the same, on which junk is stored or processed.

"Junk vehicle." See Athens City Code Chapter 7.07.

"Kennel." Any lot or premises on which five or more domesticated animals more than five months of age are housed, groomed, bred, boarded, trained, or sold for profit and which offers provisions for medical treatment.

"Kitchen." Any room used for the storage of foods, preparation of foods and containing the following equipment: sink and one other device for cooking, refrigerator or other device for cold storage of food, cabinets and/or shelves for storage of equipment and utensils, and counter or table for food preparation.

"Lessee." A person who holds real or personal property under a lease.

"Lessor." A person who conveys property by lease.

"Let for occupancy or let." To permit possession or occupancy of a dwelling, dwelling unit, rooming unit, building or structure by a person who shall be legal owner or not be the legal owner of record thereof, pursuant to a written or unwritten lease, agreement or license, or pursuant to a recorded or unrecorded agreement of contract for the sale of land.

"Loading/unloading zone, off-street." Space logically and conveniently located for bulk-pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. required off-street loading/unloading space is not to be included as off-street parking space in computation of required off-street parking space. All off-street loading/unloading spaces shall be located totally outside of any street or alley right-of-way.

"Lot." For the purposes of this ordinance, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street or on an approved private street, and may consist of:

(A)

A single lot of record;

(B)

A portion of a lot of record;

(C)

A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

"Lot coverage." The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

"Lot frontage." The front of a lot shall be construed to be the portion nearest the street which is used for emergency vehicles. for purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and the yards shall be provided as indicated under "yards" in this section.

"Lot measurements." A lot shall be measured as follows:

(A)

Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot liens in front and the rearmost points of the side lot lines in the rear.

(B)

Width: The distance between straight lines connecting the front and rear lot liens at each side of the lot, measure at the building setback line.

"Lot minimum area of." The area of a lot is computed, exclusive of any portion of the right-of-way of any public or private street.

"Lot of record." A lot which is part of a subdivision recorded in the office of the county recorder, or a lot of parcel described by metes and bounds, the description of which has been so recorded.

"Lot types." Terminology used in this title with reference to corner lots, interior lots, and through lots is as follows:

Corner lot: A lot located at the intersection of two or more streets. a lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meets at an interior angle of less than 135º.

Interior lot: a lot with only one frontage on a street.

Through lot: A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as a double frontage lot.

"Lumen." A unit of luminous flux equal to the light emitted in a unit solid angle by a uniform point source of one candle intensity.

"Maintenance." Conformance of a building and its facilities to the code under which the building was constructed.

"Maintenance and storage facilities." Land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.

"Major thoroughfare plan." The portion of the city comprehensive plan adopted by the city commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.

"Manufactured home park." Any lot upon which two or more manufactured homes are located for residential use, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended to be used as a part of the facilities of such park.

"Manufacturing, extractive." Any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resources.

"Manufacturing, heavy." Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the zone boundary.

"Manufacturing, light." Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

"Mobile home." Any nonself-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so construed as to permit its being used as a conveyance upon the public streets and highways and exceeding a gross weight of 4,500 pounds and an overall length of 30 feet, and not in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974.

"Mobile home park." Any site or tract of land under single ownership upon which three 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.

"Motel or motor hotel." An establishment providing sleeping accommodations with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.

"Nonconforming use." A building, structure or premises legally existing and/or used at the time of adoption of the zoning code, or any amendment thereto, and which does not conform with the use regulations of the zone 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 zones or uses, shall not be considered a nonconforming use.

"Nonconformities." Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of the zoning code or its amendments which do not conform to the regulations of the zone in which they are situated, and are, therefore, incompatible.

"Nursery, nursing home." A home or facility for the care and treatment of babies, children, pensioners, or elderly people.

"Nursery, plant materials." Land, building structure, combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or plants offered for retail sale on the premises including products used for gardening or landscaping.

"Occupant." Any person over one year of age (including owner or operator) living and sleeping in a dwelling unit or having actual possession of said dwelling or rooming unit.

"Open spaces." An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the commission deems permissive. Streets, parking areas, structures for habitation, and the like shall not be included.

"Operable area." The part of a window or door which is available for unobstructed ventilation and which opens directly to the outdoors.

"Operator." Any person who has or who has been designated by the owner to have charge, care or control of a building or part thereof in which the dwelling units or roofing units are let. An operator may or may not also be the owner's agent.

"Overlay zone." A zone that encompasses one or more underlying zones and that imposes additional requirements above those required by the underlying zone.

"Owner." Any person who alone or jointly or severally with others (1) shall have legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof; or (2) shall have charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as buyer under land contract, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this ordinance and of the rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

"Parking area." Any pubic or private area, under or outside of a building or structure, designed and used for parking motor vehicles including parking lots, garages, private driveways, and legally designated areas of public streets.

"Parking area, private." A parking area for the exclusive use of the owners, tenants, lessees, or occupants of the lot on which the parking area is located or their customers, employees, or whomever else they permit to use the parking area.

"Parking area, public." A parking area available to the public, with or without payment of fee.

"Parking facility." A detached building or portion of a principal building used only for the parking of self-propelled passenger vehicles and trailers.

"Parking space, off-street." For the purpose of the zoning code, an off-street parking space shall consist of any area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

"Parking structure." A building or structure consisting of more than one level and used to store motor vehicles.

"Performance bond or surety bond." An agreement by a subdivider or developer with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.

"Personal services." Establishments primarily engaged in providing services involving the care of a person or his/her personal goods or apparel.

"Planned unit development." An area of land in which a variety of housing types and/or commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles, and landscaping plans.

"Plumbing." The practice, materials and fixtures used in the installation, maintenance, extension and alteration of all piping, fixtures, appliances and appurtenances in connection with any of the following: drainage systems, vent systems, water-supply venting systems within or adjacent to any building, structure or conveyance; also, the practice and materials used in installation, maintenance or alteration of the storm water, liquid waste or drainage and water-supply systems of any premises.

"Plumbing fixture." A receptacle or device which is either permanently or temporarily connected to the water distribution system of the premises and demands a supply of water therefrom; or discharges used water, liquid-borne waste materials or sewage, either directly or indirectly to the drainage system of the premises; or which requires both a water supply connection and a discharge to the drainage system of the premises.

"Premises." A lot, plot or parcel of land including the buildings or structures thereon.

"Professional activities." The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.

"Public nuisance." Includes the following: (1) The physical condition or use of any premises regarded as a public nuisance at common law; or (2) Any physical condition, use or occupancy of any premises or its appurtenances considered an attractive nuisance to children, including, but not limited to, abandoned wells, shafts, basements, excavations and unsafe fences or structures; or (3) Any premises which have unsanitary sewerage or plumbing facilities; or (4) Any premises designated as unsafe for human habitation or use; or (5) Any premises which are manifestly capable of being a fire hazard, or are manifestly unsafe or unsecure as to endanger life, limb or property; or (6) Any premises from which the plumbing, heating and/or facilities required by this Code have been removed, or from which utilities have been disconnected, destroyed, removed or rendered ineffective, or the required precautions against trespassers have not been provided; or (7) Any premises which are unsanitary, or which are littered with rubbish or garbage, or which have an uncontrolled growth of weeds; or (8) Any structure or building that is in a state of dilapidation, deterioration or decay; faulty construction; overcrowded; open, vacant or abandoned; damaged by fire to the extent as not to provide shelter, in danger of collapse or failure and is dangerous to anyone on or near the premises, or graffiti.

"Public service facility." The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.

"Public uses." Public parks, schools, colleges, universities, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

"Quasi-public use." Churches, Sunday schools, parochial schools, private colleges/universities, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.

"Rain carrier." A drainage device, such as gutters or downspouts, used to remove drainage water from roof surfaces of any building or structure.

"Ratproofing." A form of construction which will prevent the ingress or egress of rats to or from a given space or building, or gaining access to food, water or harborage. This construction of the closing and keeping closed of every opening in foundations, basements, cellars, exterior and interior walls, ground or first floors, sidewalks, gratings, sidewalk openings and other places that may be reached and entered by rats by climbing, burrowing or other methods, by the use of materials impervious to rat gnawing and other methods approved by the code enforcement office.

"Recreation facilities." A place designed and equipped for the conduct of sports and leisure-time activities.

"Refuse container." A watertight container that is constructed of metal or other durable material impervious to rodents, which is capable of being served without creating unsanitary conditions, or such other containers as have been approved by the code official. Openings into the containers, such as covers and doors, shall be tight fitting.

"Remodel." To construct an addition or alter the design or layout of a building or make substantial repairs or alterations so that a change or modification of the entrance facilities, toilet facilities, or vertical access facilities is achieved.

"Remodeling or minor alteration." Any change, addition, substantial repair or improvement to the design or layout of an existing structure including, but not limited to modifications of egress or emergency escape facilities, plumbing facilities where a plumbing permit is required in accordance with the building code, electrical or plumbing facilities where a licensed contractor is required in accordance with the building code or where the value of improvements requires notification of the Athens County Auditor in accordance with Section 5713.17 of Ohio Revised Code.

"Renovation." A building and its facilities made to conform to present-day minimum standards of sanitation, fire and life safety.

"Research facility." An establishment or other facility for carrying on investigation in the natural, physical, or social sciences, which may include engineering and product development.

"Restaurants." An establishment where food and drink are prepared, served, and consumed primarily within the principal building.

"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 area, viaducts, and bridges.

"Roadside stand:" 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.

"Rooming house." Any residence building, or any part thereof, containing one or more rooming units, in which space is let by the owner or operator to more than five persons who are not members of the same family. This includes fraternity and sorority houses.

"Rooming unit." Any room or group of rooms forming a single habitable unit used or intended to be used for living and sleeping, but not for cooking or eating purposes.

"Rubbish." See Chapter 5.02, Athens City Code of Ordinances.

"Satellite earth station antenna." A parabolic or dish-shaped antenna or any other apparatus or device that is designed for the purpose of receiving radio waves.

"Setback line." A line established by the zoning ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said code (see Yard).

"Sewers, central or group." An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

"Sewers, on-site." A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

"Sidewalk." A paved, surfaced, or leveled area, paralleling and usually separated from the street, used as a pedestrian walkway.

"Sign." Any visual communication display, object, device, graphic, structure, or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure, in order to direct or attract attention to, or to announce or promote, an object, person, service, product, event, location, organization or the like, by means of letters, words, designs, colors, symbols, fixtures, images or illuminations.

(A)

Sign, on-premises: Any sign related to a business or profession conducted, or a commodity or service sold or offered upon the premises where such sign is located.

(B)

Sign, off-premises: Any sign unrelated to a business or profession conducted, or to a commodity or service sold or offered upon the premises where such sign is offered.

(C)

Sign, illuminated: Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

(D)

Sign, lighting device: Any light; string of lights, or group of lights located or arranged so as to cast illumination on a sign.

"Space heater." A room heater which is a self-contained above-the-floor device for furnishing heated air through openings in its casing directly into the space in which the device is located or immediately adjacent to it. The device may be freestanding or recessed in a wall or partition.

"Special district." A zoning district created to meet the needs of an area experiencing unusual problems, or one that is designed to meet special needs.

"Story." That part of a building between the surface of a floor and the ceiling immediately above (see Basement).

"Structurally altered." Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or in the dimension or configurations of the roof or exterior walls.

"Structure." Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.

"Subdivision." The division of a lot, tract, or parcel of land into two or more lots, tracts, parcels, or other divisions of land for sale, development, or lease.

"Swimming pool." A pool, pond, lake, or open tank containing a least 1.5 feet of water at any point and maintained by the owner or manager, designed for human use.

(A)

Private: Exclusively used without paying any additional charge for admission by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.

(B)

Community: Operated with a charge for admission.

"Supplied." Installed, furnished or provided by the owner or operator.

"Thoroughfare, street, or road." Any vehicular way that:

(A)

Is an existing state, county, or municipal roadway;

(B)

Is shown upon a plat approved pursuant to law;

(C)

Is approved by other official action;

(D)

Is shown on a plat duly filed and recorded in the office of the county recording officer prior to the appointment of a planning board and the grant to such board of the power to review plats; includes the land between the street lines, whether improved or unimproved.

"Through lot." (See Lot types).

"Toilet room." A nonhabitable room equipped with a flush water closet.

"Total habitable room area." The total floor space of all habitable rooms having a ceiling height of seven feet or more.

"Total lot coverage." The ratio of enclosed ground floor area of all buildings on a lot plus the ratio of area covered with gravel, stone, shell, impermeable decking, a paver, permeable pavement or any manmade material on a lot to the horizontally projected area of the lot expressed as a percentage.

Lot coverage does not include:

(A)

A fence that is less than one foot in width that has not been constructed with a footer;

(B)

A wood mulch pathway;

(C)

Landscaping.

"Trailer." A structure standing on wheels, towed or hauled by another vehicle, and used for short-term occupancy, carrying of materials, goods or objects, or as temporary office.

"Unfit for human occupancy." A structure is unfit for human occupancy or use whenever the code official finds that it is unsafe, unlawful, or because of the degree in which it lacks maintenance or is in disrepair, is unsanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other essential equipment required by this Code, or because its location constitutes a hazard to its occupants or to the public.

"Unlawful structure." An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this Code, or was erected, altered or occupied contrary to law.

"Unsafe structure." An unsafe structure is one in which all or part thereof is found to be dangerous to life, health, property or the safety of the public or its occupants because it is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable condition that it is likely to partially or completely collapse.

"Unsafe equipment." Unsafe equipment includes any boiler, heating equipment, elevator, moving stairway, electrical wiring or device, flammable liquid containers or other equipment on the premises or within the structure which is in such disrepair or condition that it is found to be a hazard to life, health, property or safety of the public or occupants of the premises or structure. Unsafe equipment may contribute to the finding that the structure is unsafe or unfit for human occupancy or use.

"Use." The purpose or activity for which land or buildings are designed, arranged, or for which land or buildings are occupied or maintained.

"Variance." Permission to depart from the literal requirements of a zoning ordinance.

"Ventilation." The process of supplying and removing of air by natural or mechanical means to or from any space.

(A)

Mechanical: Ventilation by power-driven devices.

(B)

Natural: Ventilation by opening to outer air through windows, skylights, doors, louvers or stacks without wind-driven devices.

"Veterinary animal hospital or clinic." A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.

"Violation." Any specific conditions which is not in conformance with the provisions of this Ordinance.

"Walkway." A public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.

"Workmanlike." Whenever the words, "workmanlike state of maintenance and repair," are used in this Code, they shall mean that such maintenance and repair shall be made in a reasonably skillful manner.

"Yard." An open unoccupied space on the same lot with a building extending along the entire length of street or rear or interior lot line.

(A)

Yard, Front: A yard extending between side lot liens across the front of a lot and from the front lot line to the front of the principal building.

(B)

Yard, Rear: A yard extending between side lot liens across the rear of a lot and from the rear lot line to the rear of the principal building.

(C)

Yard, Side: 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.

"Zoning administrator." The zoning administrator is the person designated by the mayor to administer and enforce zoning regulations and related ordinances. This person may also be known as the zoning inspector.

"Zoning map." The map or maps that are a part of the zoning ordinance and delineate the boundaries of zone districts.

"Zoning permit." A document signed by a zoning officer, as required in the zoning ordinance, as a condition precedent to the commencement of a use, or the erection, construction, reconstruction, restoration, alteration, conversion, or installation of a structure or building, that acknowledges that such use, structure, or building complies with the provisions of the municipal zoning ordinance or authorized variance therefrom.

(Ord. No. 0-10-10, § IV, 2-1-2010; Ord. No. 0-04-11, § III, 1-31-2011)