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For the purposes of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ACCESSORY BUILDING OR STRUCTURE. Any building or structures in which activities are carried out which are accessory to or supportive of those activities in the primary structure. An ACCESSORY BUILDING may not contain other primary activities or those activities carried out in the primary structure itself. The terms ACCESSORY BUILDING AND ACCESSORY STRUCTURE are interchangeable. An ACCESSORY BUILDING must be located on the same lot as the primary structure to which it is accessory, unless a variance is granted by the Board of Zoning Appeals pursuant to §§ 150.132 et seq. Any ACCESSORY BUILDING or ACCESSORY STRUCTURE must be located a minimum of ten feet from the primary structure.
ADJACENT. As it applies to structures, adjacent means touching or so close that it functions as attached.
ADULT BOOK STORE. An establishment which utilizes 25% or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices, or both; books, magazines, other periodicals, films, tapes and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
ADULT DRIVE-IN MOVIE THEATRE. An open air drive-in theatre which is regularly used or utilized 15% or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
ADULT ENTERTAINMENT BUSINESS or ADULT -ONLY ENTERTAINMENT BUSINESS. An adult bookstore, adult motion picture theater, adult drive-in motion picture theatre, or an adult-only entertainment establishment as further defined in this section.
ADULT FAMILY HOME. A residence or facility, licensed by an agency of the State of Ohio, that provides accommodations from three to five unrelated adults and also provides supervision and personal care for at least three persons.
ADULT GROUP HOME. A residence or facility licensed by an agency of the State of Ohio, that accommodates from six to 16 unrelated adults and also provides supervision and personal care for at least three persons.
ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, video tape, figure, image, description, motion picture film, phonographic record, or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch; and
(1) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or
(2) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
ADULT MOVIE THEATER. An enclosed motion picture theater which is regularly used or utilized 15% or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing or related to adult material as defined in this section.
ADULT ONLY ENTERTAINMENT ESTABLISHMENT. An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
AGRICULTURE. Farming, dairying, pasturage, apiculture, horticulture, viticulture, animal and poultry husbandry, sod farming, and furbearing animal production.
AGRICULTURAL ANIMALS. Animals normally associated with agriculture including, but not limited to, cattle, goats, horses, poultry, rabbits, sheep, and swine. Agricultural animals are only permitted in the A-1 Agricultural District. Domestic dogs and cats are not agricultural animals, but household pets.
ALLEY. A public right-of-way which yields secondary access to a lot.
ALTERATION. Any change in the supporting members of a building such as, but not limited to, bearing walls, columns, beams, girders, and roofs.
ANIMAL HOSPITALS. Activities for housing, training, exercising, and providing a medical service for large and small animals, including any outside runs, kennels, or training areas.
AREA OF A SIGN.
(3) Computation of allowable sign area includes all existing signs on the premises whether such signs be conforming or nonconforming under the terms of this chapter.
AUTOMOTIVE REPAIR GARAGE. A facility used for repairing and servicing of motor vehicles. The sale of gasoline and supplies is incidental to the repair and servicing function.
AUTOMOTIVE SALES. A structure and lot devoted to display and retail sales of automobiles and motor vehicles, including repair or servicing of motor vehicles.
AUTOMOTIVE WRECKING. The storage of motor vehicles or motor vehicle parts and the disassembly thereof. This activity shall not include the assembly, processing, or smelting of auto vehicles or other parts or products.
AWNING. Any structure made of cloth, wood, or metal having a metal or wooden frame, being attached to a building and carried by a frame supported by the ground or sidewalk.
BAR or TAVERN. An establishment devoted primarily to the sales of alcoholic beverages. Food service may be provided, but is secondary to the sale of alcoholic beverages. Entertainment may also occur on the premises.
BARBER SHOP or BEAUTY SHOP. Any commercial establishment that offers to the public barbering or cosmetology services performed by persons licensed by the state.
BED AND BREAKFAST. An owner-occupied single- family dwelling in which rooms are rented to paying transients or travelers on an overnight basis, with only breakfast being served. The cost of the breakfast is included in the room rate. No room may be rented to any person for a period of more than 14 consecutive days or 24 days in any calendar year.
BEDROOM. An above-ground conditioned space located on the exterior wall of a dwelling containing a built- in, enclosed clothes closet, mattress and bedroom furniture, which is a minimum of 70 square feet, measured not including closet space. A BEDROOM is not a hall, bathroom, kitchen, living room, dining room, family room, laundry room, attic, or closet or dressing room opening off a bedroom. A BEDROOM is used primarily for sleeping purposes.
BOTTOMLESS. Less than full opaque covering of male or female genitals, pubic area or buttocks.
BUILDING. Any structure including a roof supported by walls, designed or built for the support, enclosure, shelter, or protection of persons, animals, or property.
BUILDING FACE. The outside flat surface of a building or structure. A building face does not include awnings, canopies, sills, and other projections of a similar nature.
BUILDING, HEIGHT OF. The vertical distance from the grade to the highest point of the roof.
BUILDING SETBACK. A line parallel to the exterior lot lines specifying a portion of the lot located between the exterior lot line and the building in which distance no structure may be placed. Front yard shall be the setback from the public right-of-way adjoining the lot. In the case of a lot located at the intersection of two streets, the setback adjoining each public right-of-way shall be considered a front yard.
CAMPUS MINISTRY. A facility used by a group affiliated with a church or denomination using a structure for promotion of religious views on the university campus.
CANOPY. Any structure made of cloth, wood, or metal having a metal or wood frame attached to a building and carried by a frame supported by the ground or sidewalk.
CANOPY SIGN. A structure that is attached to the building face which contains outdoor advertising. Such structure must be secured from the top only, be a minimum of eight feet above grade, and project no more than three feet above the exterior, flat surface of the building. Such sign is considered flush-mounted. See Figure 1.3c in Appendix A.
CENTRAL BUSINESS DISTRICT COMMERCIAL. The sale of general goods and services in the downtown core area of the community.
CHANGEABLE COPY SIGN or ELECTRONIC MESSAGE BOARD. An outdoor sign, either manual or electronic, that does not convey, in intervals of ten seconds or less, the visual sensation or appearance of motion, or does not present a non-constant visual image to the eye of an observer in intervals of ten seconds or less.
CHILD DAY-CARE CENTER. Any place in which child day-care is provided, with or without compensation, for 13 or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to 12 children at any one time. In counting children for purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
CITY COUNCIL. The City Council of the City of Bowling Green.
CLINIC. A structure containing offices for medical, dental, optometry, and paramedical services. Such structure may contain a pharmacy which sells only prescription drugs and medicines, but may not contain a drugstore.
COMBINED PARK-CAMP. Any tract of land upon which a combination of five or more self-contained recreational vehicles or portable camping units are placed and includes any roadway, building, structure, vehicle or enclosure used or intended for use as part of the park facilities. A tract of land that is subdivided for lease or other contract of the individual lots is a combined park-camp if a combination of five or more recreational vehicles or portable camping units are placed on it for recreation, vacation or business purposes.
CONDITIONAL USE. A use, which, because of the special nature of its activities or potential adverse effect on surrounding and adjoining properties, requires additional restrictions to those provided for other uses in the same district.
CONDOMINIUM. Real estate, portions of which are designated for separate ownership and the remainder of which is designated for common ownership solely by the owners of those portions. Real estate is not a condominium unless the undivided interests in the common elements are vested in the unit owners.
CONDOMINIUM PROPERTY. The land, together with all buildings, improvements, and structures thereon, all easements, rights, and appurtenances belonging thereon, and all articles of personal property which have been submitted to the provisions of R.C. Ch. 5311.
CONSERVATION EASEMENT. A voluntary restriction placed by the property owner on a piece of property to protect the resources, both natural and man- made, associated with the parcel. The restriction is either voluntarily sold or donated by the landowner and constitutes a legally binding agreement concerning land use taking place on the property.
CONSTRUCTION SIGN. A temporary sign, which designates the contractor or subcontractor, engaged in the construction or repair of the building or buildings on each lot or parcel of property.
CORNER LOT. A lot at the junction of and abutting two or more intersecting streets.
DAY CARE CENTER. (CHILD DAY-CARE CENTER). Any place in which child day-care is provided for five or more infants, pre-school children and/or school age children, in average daily attendance, other than the children of the owner or administrator of the center, with or without compensation.
DAY SPA. Any commercial establishment that offers to the public barbering or cosmetology services and massage therapy performed by persons licensed by the state.
DECORATIVE FENCING. A fence constructed of wood or masonry of specified height designed for pleasing appearance and which is not necessarily totally opaque. Wire mesh or chain link fences do not meet these criteria.
DETACHED GARAGE, PRIVATE. An accessory building, located on the same lot as the dwelling or portion of the dwelling, that is designed for the storage of motor-driven vehicles owned and/or used by the occupants of the dwelling unit, and other normal household accessories of the dwelling unit, with no facilities for mechanical service or repair of a commercial or public nature.
DETENTION POND (RETENTION POND). An area where storm water is either detained or held. The only water which is held or detained is storm water from buildings and/or driveways and off-street parking lots and loading areas. Limited recreational use is made of the area.
DEVELOPMENT SIGN. A temporary sign used to indicate or to identify a proposed future development upon real property.
DISABLED VEHICLE. A motor vehicle that, by condition of disrepair or accident, is unable to be moved and maneuvered under its own power but is subject to repair.
DRIVER TRAINING SCHOOL. A business enterprise conducted by an individual, association, partnership, or corporation for the education and training of persons to operate or drive motor vehicles, that uses public streets or highways to provide training, and that charges a consideration or tuition for such services. The DRIVER TRAINING SCHOOL is licensed by the State of Ohio and inspected by the Ohio Highway Patrol.
DWELLING. Any building or any portion thereof intended or designed to be built, used, rented, leased, let, or hired out to be occupied, or which is occupied for sleeping, living, cooking, or dining purposes, having its own permanently installed cooking and sanitary facilities and shall include one or more dwelling units.
DWELLING UNIT. A dwelling unit is a suite of one or more rooms within a dwelling forming a single habitable unit with facilities which are used for sleeping, living, cooking, and dining, whether or not such unit is occupied or vacant.
EASEMENTS. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
EFFICIENCY APARTMENT. Any room having cooking facilities and a water closet, used for combined living, dining, and sleeping purposes by not more than two persons.
ENTRANCEWAY SIGN. A sign indicating an entrance or exit to a commercial, industrial, or institutional site; provided such signs shall not exceed two square feet, be located not closer than five feet to any right-of-way, be limited to one per driveway, and be internally illuminated. Any ENTRANCEWAY SIGN shall require a zoning certificate but not count toward the total number of outdoor advertising structures. An ENTRANCEWAY SIGN is not a traffic-control device.
EVERGREEN. Any tree that retains its green living foliage the entire year.
EXPIRED TEMPORARY SIGN. A temporary sign the message on which has, in the judgment of the Planning Director, been rendered no longer operative, valid, or timely by events or the passage of time. Examples include, but are not exclusive to, yard sale sign displayed after the end of the sale, a campaign sign displayed after the date of the applicable election, a real estate sign displayed after the consumption of the sale, a construction sign displayed after completion of construction.
FAMILY. An individual or married couple and natural or adopted children thereof, or foster children placed by a duly constituted state or county agency, occupying a dwelling for purposes of habitation, and including other persons related directly to the individual or married couple by blood or marriage.
FARM RESIDENCE. The single-family residence of a family which works in agriculture, on the same parcel or on an adjacent parcel.
FENCE. Includes all structures used as barriers or to demarcate a boundary, but shall not include ornamental structures of less than one foot in height.
FIFTH WHEEL TRAILER. A vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of 400 square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth wheel hitch originally installed in the bed of a truck.
FLASHING LIGHTS or MOVING LIGHTS. Any light or lights which oscillate in intensity with a period of less than ten seconds or that oscillate in intensity in a manner that gives an appearance of motion or the visual sensation or appearance of motion, or does not present a non-constant visual image to the eye of an observer in a continuous time frame of less than ten seconds.
FRANCHISE. A business or businesses located within another business, but owned by another, unrelated person, firm, and/or corporation than the business in which it is located.
FRATERNITY HOUSE. A building which is occupied only by a group who are associated together in a fraternity which is chartered by a national/international fraternity or recognized by Bowling Green State University, and receive from the fraternity or its agents lodging and/or meals on the premises. Occupants may also include employees and pledges of the fraternity or its agents, and non-members not to exceed 10% of the occupancy of the building.
(1) MONUMENT OR GROUND SIGN. A freestanding sign, supported by a structure affixed to the
(2) POLE, PYLON OR BLADE SIGN. A freestanding sign, supported by a structure affixed to the ground, and not supported by a building, including signs supported by one or more columns, poles, or braces placed in or upon the ground, that exceeds eight feet in height, but does not exceed 25 feet in height. For visual reference see Figures 1.1a, 1.1b, 1.1c and 1.5 in Appendix A.
GASOLINE STATIONS or FILLING STATIONS. Any building and accessory uses devoted to the sales of gasoline and other automotive products and with not more than three stalls or bays devoted to the repair or servicing of motor vehicles.
GENERAL COMMERCIAL. The sale of products or services designed to attract persons from a wide area or to be convenient to persons traveling along major streets and highways within the community.
GENERAL INDUSTRY. The manufacture or assembly of products and the storage and movement of goods associated with it.
GRADE. The sidewalk elevation as determined by the city engineer.
GROUP HOME OR COMMUNITY RESIDENCE. A dwelling occupied by unrelated individuals which is licensed or administered by the federal, state, county, or city government, or a contracted entity thereof. A group home or community residence is not a rooming house, boarding house, or dormitory as defined in this section.
HOME OCCUPATION. Any occupational activity carried on by a member or members of an immediate family residing on the premises; provided there is no commodity sold or offered for sale except such as are produced by members of the immediate family residing thereon, and provided that such occupation shall not occupy more than one-half of the building area. No display or indication shall be allowed that would indicate from the exterior of the building or the land that any uses are being made of such building or land than that of a dwelling with the exception that one commercial sign that does not exceed one square foot in total area may be affixed to the exterior of the building.
HOTEL. A dwelling containing sleeping rooms devoted to temporary occupancy by individuals or families. Eating facilities may be provided in rooms or in a restaurant located on the premises. Entry to the rooms is through a central lobby managed by a clerk.
ILLEGAL SIGN. Shall be identified as all signs except the following:
(1) Signs allowed by this chapter and not requiring a permit;
(2) Signs allowed by this chapter requiring a permit and carrying a valid permit;
(3) Signs not allowed by this chapter but which have been legalized by variance and proper permit; and
(4) Nonconforming signs as defined in this chapter.
IMPERVIOUS SURFACE. An area that releases as runoff all or a majority of the precipitation that falls on it. Impervious surfaces are highly resistant to infiltration by water and include rooftops, sidewalks, houses, accessory structures, patios, decks, driveways, and parking lots. For the purposes of lot coverage, surfaces with materials such as gravel, porous pavers, permeable pavers, or permeable concrete are considered impervious.
INDOOR SPORTS TRAINING FACILITY. A wholly enclosed facility devoted exclusively to advanced and/or professional instruction and training relating to specific physical sports activities including, but not limited to, baseball, basketball, batting cages, boxing, cheerleading, dance and yoga classes, gymnastics, health and fitness clubs, martial arts, soccer, and volleyball courts. The term “sports training facility” does not include uses catering to the general public, including, ice and roller skating rinks, bowling alleys, racquet and tennis clubs, paintball arenas, billiard halls, archery, and shooting ranges.
INDUSTRIALIZED HOME or INDUSTRIALIZED UNIT. A building of closed construction fabricated in an off-site facility, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. Industrialized unit includes units installed on the site as independent units, as a part of a group of units, or incorporated with standard construction methods to form a completed structural entity. Industrialized unit does not include a manufactured home as defined by R.C. § 3781.06(C)(4) or a mobile home defined by R.C. § 4501.01(O).
IN-GROUND SWIMMING POOL. A swimming pool where at least 10% of the tank of water is below grade.
JUVENILES/HARMFUL TO JUVENILES. A juvenile is an unmarried person under the age of 18. Any sexually-oriented material or performance is HARMFUL TO JUVENILES if it is offensive to prevailing standards in the adult community with respect to what is suitable for juveniles, and if any of the following apply:
(1) It tends to appeal to the prurient interest of juveniles;
(2) It contains a display, description, or representative of specified anatomical areas or specified sexual activities;
(3) It makes repeated use of foul language;
(4) It contains a display, description, or representation in lurid detail of the violent physical torture, dismemberment, destruction, or death of a human being; or
(5) It contains a display, description, or representation of criminal activity that tends to glorify or glamorize the activity, and that, with respect to juveniles, has a dominant tendency to corrupt.
LIGHT INDUSTRY. The manufacture, assembly, processing, storage, or movement of goods in a manner that is not associated with the generation of noise, smoke, odors, outside storage, or assembly of materials or having large volumes of truck or rail traffic.
LIMITED COMMERCIAL. The sale of goods and services which are geared toward either residents living within a specific area or a larger marketing area.
LOT. A parcel of land occupied or intended for occupancy by a use permitted in this chapter, including one main building together with its accessory buildings, the open space and parking spaces required by this chapter, and having its principal frontage upon a street open to the public.
LOT COVERAGE. The proportion of the total lot area that is covered by primary structures, accessory structures over 160 square feet, and impervious surfaces. The maximum lot coverage percentage is determined by dividing the area of the total square feet of impervious surfaces by the gross area of the parcel.
LOT FRONTAGE. The width of a lot measured at the right-of-way line. In the case of a cul-de-sac lot or a lot on a curve, the frontage is measured at the front yard setback line.
MAINTENANCE. The replacing or repairing of a part or portion of a sign made unusable or unsafe by ordinary wear, tear, or damage beyond the control of the owner; or the reprinting of existing copy without changing the wording, composition, or color of the sign.
MAJOR STREET. Such street shall be those streets designated as such in the master plan as approved by the City Council. Major streets in the city shall include the following: Bishop Road; Brim Road; Conneaut Avenue; Dunbridge Road; Gypsy Lane Road; Haskins Road; Main Street; Manville Avenue; Mercer Road; Mitchell Road; Napoleon Road; Newton Road; North College Drive; Poe Road; South College Drive; Thurstin Avenue; Van Camp Road; Wintergarden Road; and Wooster Street.
MANSARD ROOF. A roof having two slopes on all sides with the lower slope steeper than the upper one.
MANUFACTURED HOME. A building or unit or assembly of closed construction that is fabricated in an off- site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufacturing Housing Construction and Safety Standards Act of 1974, 88 stat. 700, 42 U.S.C.A. 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME PARK, MOBILE HOME PARK or TRAILER PARK. Any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. MANUFACTURED HOME PARK does not include any of the following:
(1) A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp;
(2) A tract of land that is subdivided and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the local government authority; or
(3) A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation.
MOBILE HOME or TRAILER. A building or assembly of closed construction that is fabricated in an off- site facility, is more than 35 body feet in length or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined in R.C. § 3781.06(C)(4) or as an industrialized unit as defined in R.C. § 3781.06(C)(3).
MOBILE HOME PARK. A lot designed exclusively for occupancy by mobile homes. Such park shall have designated spaces for sites and trailer pads, interior drives, recreation and community areas, landscaping, and fencing. Pads or sites will not be sold but will be owned and maintained by a central management.
MODEL HOME. A house constructed to serve as a temporary sales office and as an example of the style home that can be built in a given subdivision. Only one MODEL HOME shall be permitted in a residential subdivision, regardless of the number of plats, and the subdivision must consist of a minimum of 15 lots.
MORTUARY OR FUNERAL HOME. A building or part thereof used for human funeral services. Such building may contain space and facilities for the embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage and/or sale of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; and a funeral chapel, but shall not include facilities for cremation unless approved by the Environmental Protection Agency.
MOTEL or TOURIST HOME. A structure with rooms devoted to the temporary occupancy of individuals or families under the control of a central management and designed for occupancy primarily by travelers. Eating facilities may be provided in rooms or in a restaurant or eating room located on the premises.
MOTOR HOME. A self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming food, and for sleeping.
MULTIPLE-FAMILY DWELLING. A building containing three or more dwelling units designed for occupancy by families or unrelated individuals.
NONCONFORMING USE. The occupancy of any residence, the use of any residence, building, or other structure and of any land or premises which does not conform to the use regulations contained in this chapter for the district in which it is situated. NONCONFORMING USE includes the location on premises of structures, which do not conform to setback requirements, and includes any other failure to comply with the regulations contained in this chapter.
NUDE or NUDITY. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
NURSING HOME. Any home or structure used for the residence and care of three or more persons who, by reason of illness, physical, or mental impairment, require skilled nursing care. A NURSING HOME is licensed to provide such personal assistance as required and skilled nursing care.
OBSCENE. Any material or performance that when considered as a whole and judged with reference to ordinary adults or, if it is designed for sexual deviates or other specially susceptible group, is judged with reference to that group, is OBSCENE if it contains a series of displays or descriptions of specified sexual anatomical areas or specified sexual activities, the cumulative effect of which is a dominant tendency to appeal to prurient or scatological interest, when the appeal to such an interest is primarily for its own sake, or in a way that inspires disgust or revulsion in persons with ordinary sensibilities, or for commercial exploitation, rather than primarily for a genuine scientific, educational, sociological, moral, or artistic purpose.
OFF-STREET PARKING. Any parking space for a motor vehicle located wholly off any public street, alley, or right-of-way and which is constructed of a hard, dustless surface and drained according to sound engineering practice.
OUTDOOR ADVERTISING. Any outdoor sign shall be considered OUTDOOR ADVERTISING for the purposes of this chapter.
PARK TRAILER. A vehicle that is commonly known as a park model recreational vehicle, meets the American National Standard Institute A 119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of 400 square feet or less when set up, is designed for seasonal or temporary quarters, and may be connected to utilities necessary for the operation of installed features and appliances.
PARKING LOT. A tract of land devoted to the temporary storage of motor vehicles and not accessory to another use on the same or any other lot. The lot shall contain designated parking spaces, which will be made available by rental, hourly, daily, or monthly.
PARKING STRUCTURE or STORAGE STRUCTURE. Any structure which is designed for the temporary storage or parking of motor vehicles. Such structure may be the sole use of a lot or may be in conjunction with another structure or use. The structure contains designated parking spaces available for rental by the hour, day, or month.
PARTY IN INTEREST. An owner of record or tenant under a lease of one year or more of record of any real property included in a proposed rezoning or for which a zoning application, conditional use, exception, or variance has been requested. Also any owner of record or tenant under a lease of one year or more of record of any real property adjacent to, across the street from, or within 200 feet of any property included in a proposed rezoning or for which a zoning application, conditional use, exception, or variance has been requested.
PATIO. A level surfaced area often adjacent to a building at finished grade, without permanent walls or a roof. A PATIO is typically constructed from concrete, brick, or other masonry material, including pervious pavers, and not used for parking.
PERMANENT SIGN. Any sign which is intended to be so constructed as to be of a lasting and enduring condition, remaining unchanged in character, condition (beyond normal wear), and position.
PERMANENTLY SITED MANUFACTURED HOME. A manufactured home that meets all of the following criteria:
(1) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(2) The structure, excluding any addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches or attachments of at least 900 square feet;
(3) The structure has a minimum three to 12 residential roof pitch, conventional siding, and six-inch minimum eave overhang, including appropriate guttering;
(4) The structure was manufactured after January 1, 1995; and
(5) The structure is not located in a manufactured home park as defined by R.C. § 3733.01.
PERSON. Any person, firm, partnership, association, corporation, company, or organization of any kind.
PLANNING COMMISSION. The Planning Commission of the city.
PLANT CULTIVATION. The cultivation of crops, horticulture, floriculture, viticulture, including fruit trees, nursery stock, truck garden products, and similar plant materials.
PRIMARY STRUCTURE. A building in which the main occupation or habitation occurring on the premises is carried out. A PRIMARY STRUCTURE shall consist of a building and all structural attachment thereto as well as any structure adjacent to the building.
PROFESSIONAL OFFICES. The use of offices and related space for professional services such as provided by doctors, dentists, lawyers, accountants, engineers, and the like.
PUBLIC DISPLAY. The act of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than sexually-oriented materials are on display to the public.
PUBLIC TREES. All shade and ornamental trees now or hereafter growing on any tree lawn or any public place.
RACEWAY. An enclosed metal structure for the electrical components of an illuminated sign display or a metal enclosure to contain wiring and/or other electrical components exclusive of transformers.
RAIN GARDEN. A man-made depression that is used as a landscaped bioretention area, collecting storm water runoff and storing it, permitting it to be filtered and slowly absorbed by the soil. A rain garden is strategically placed to intercept storm water runoff from down spouts, roofs, sump pumps, etc. Organic material (20%) is blended into sandy soil (50%) and top soil (30%) and planted with species that tolerate extremes, general riparian species.
REAR YARD. The portion of the lot between the lot line opposite the public right-of-way and the rear yard setback line. In corner lots, only one REAR YARD need be maintained.
RECREATIONAL CAMP. Any tract of land upon which five or more portable camping units are placed and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the camp. A tract of land that is subdivided for lease or other contract of the individual lots is a RECREATIONAL CAMP if five or more portable camping units are placed on it for recreation, vacation, or business purposes.
RECREATIONAL VEHICLE. A vehicular portable structure that is designed and constructed to be used as a temporary dwelling for travel, recreation, and vacation uses and is classed as follows: travel trailer, motor home, truck camper, park trailer, or fifth wheel trailer.
RECREATIONAL VEHICLE PARK. Any tract of land used for parking five or more self-contained recreational vehicles and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities and any tract of land that is subdivided for lease or other contact of the individual lots for the express or implied purpose of placing self-contained recreational vehicles for recreation, vacation or business purposes.
REST HOME, HOME FOR THE AGED. A homelike structure for the residence and care of three or more individuals who are dependent upon the care of others for reasons of physical or mental illness or aging, but who still do not require the services of specialized or certified nursing care.
RESTAURANTS. A structure used for the sale of prepared food products to the general public. Alcoholic beverages may be sold when in conjunction with the sale of prepared food. Entertainment may occur on the premises.
RETAIL CENTER. One or more commercial establishments located in a single structure of a minimum size of 100,000 square feet.
RETAIL SALES. The sale of products from the premises to the general public.
RETAIL SERVICES. The sale of services to the general public, such as repair services, barber or beauty shops, accounting services, and the like.
RETAIL WAREHOUSE. The storage and transfer of goods for sale.
RETENTION POND (DETENTION POND). An area where storm water is either detained or held. The only water which is held or detained is storm water from buildings and/or driveways and off-street parking lots and loading areas. No recreational use is made of the area.
RIGHT-OF-WAY. Any strip or area of land, including surface, overhead, or underground, granted by a deed, plat, or easement, for public use, such as for roadways, sidewalks, drainage and ditches, electric power, telephone lines, gas, water, sewer and other pipe lines, and those uses the city by ordinance will grant or allow.
ROOMING HOUSE, BOARDING HOUSE, DORMITORY. A multi-family dwelling providing sleeping rooms for individuals or groups; and when eating facilities are provided, they are group kitchens and eating facilities.
SCRAP YARDS or JUNK YARDS. Premises used for the storage, disassembly, and movement of scrap or junk materials.
SCREEN FENCE. A fence which, by its construction, is opaque and screens from view.
SCREEN PLANTING. A continuous planting of evergreen plant material providing a visual barrier and maintained at a height of between three and seven feet.
SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units, or each 24 lineal inches of benches, pews, or space for loose chairs.
SEXUAL ACTIVITY. Sexual conduct or sexual contact, or both.
SEXUAL CONTACT. Any touching of an erogenous zone of another, including without limitation, the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
SEXUAL EXCITEMENT. The condition of the human male or female genitals when in the state of sexual stimulation or arousal.
SEXUALLY-ORIENTED BUSINESS. An establishment where a substantial portion of the use is distinguished or characterized by its emphasis on sexually-oriented materials. SEXUALLY-ORIENTED BUSINESSES include sexually-oriented cabarets/theatres, sexually-oriented media stores, and sexually-oriented motels, more specifically defined hereunder this regulation. SEXUALLY-ORIENTED BUSINESS shall not include nude model studios, sexual encounter centers, sexually-oriented escort agencies, sexually-oriented spas, or sexually-oriented viewing booth or arcade booth facilities each more specifically defined by this regulation and prohibited as land uses, secondary uses, or accessory uses in the city pursuant to § 150.29 (C)(4).
(1) SEXUALLY-ORIENTED CABARET/ THEATRE. A sexually-oriented auditorium, bar, concert hall, movie house, nightclub, restaurant, theatre, or similar business establishment which for any form of consideration displays or depicts sexually-oriented materials to patrons in a seating area exceeding 600 square feet as a substantial portion of its entertainment or presentation time, including: on-site live performances on a stage that features horizontal and/or physical barriers to prevent contact between the performers and the audience, including exhibitions, dance routines, gyrational choreography, strippers (male or female), female impersonators, lingerie modeling, or lingerie dancers; or other media, including films, motion pictures, computer files or software, laser discs, video cassettes, DVD’s, slides, and similar photographic reproductions.
(2) SEXUALLY-ORIENTED MEDIA STORE. A sexually-oriented business establishment which offers sexually-oriented materials for retail sale or rental for any form of consideration as a substantial portion of its stock in trade, including books, magazines, periodicals, or other printed matter, visual representations, instruments, devices or paraphernalia.
(3) SEXUALLY-ORIENTED MOTEL. A sexually-oriented hotel, motel, or similar business establishment that offers accommodations to the public for any form of consideration and provides patrons with close-circuit television transmissions, films, motion pictures, laser discs, videocassettes, DVD’s, slides, or other photographic reproductions that are characterized by the depiction or description of sexually-oriented material which is harmful to juveniles or obscene, and:
(a) Has a sign visible from the public right-of-way that advertises the availability of adult and/or sexually explicit materials along with room rentals;
(b) Offers a sleeping room for rent for a period of time that is less than ten hours; or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten hours.
(4) NUDE MODEL STUDIO. An establishment where a person who exhibits specified sexual anatomical areas is to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons for any form of consideration. A NUDE MODEL STUDIO shall not include a proprietary school licensed by the State of Ohio or a college, junior college, or university supported entirely or in part by public taxation, a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation, or in a structure, provided such institution meets all the following criteria:
(a) There is no sign visible from the exterior of the structure and no other advertising that indicates a person exhibiting specified sexual anatomical areas is available for viewing;
(b) In order to participate in a class a student must enroll at least three days in advance of the class; and
(c) No more than one person exhibiting specified sexual anatomical areas is on the premises at any one time.
(5) SEXUAL ENCOUNTER CENTER. An establishment that for any form of consideration, offers facilities for physical touching activities, including wrestling or tumbling, lap dancing, or body painting, between male and female persons and/or persons of the same sex in a private or semi-private area 600 square feet or less and where one or more of the persons, displays or exhibits specified sexual anatomical areas or performs specified sexual activities.
(6) SEXUALLY-ORIENTED ESCORT AGENCY. An establishment which for any form of consideration advertises, offers, or furnishes a companion, guide, or date for a service which includes the exposure of specified sexual anatomical areas or specified sexual activities, the modeling of lingerie, or private striptease performances in a private or semi-private area of 600 square feet or less.
(7) SEXUALLY-ORIENTED SPA. An establishment which for any form of consideration provides massages by persons who are not medical professionals or certified massage therapists, or provides patrons with bathing, sauna, shower, or hot tub services in a private or semi-private area of 600 square feet or less, and which provides sexually-oriented materials or engages in or offers to engage patrons in specified sexual activities, or activities commonly associated with a sexual encounter center.
(8) SEXUALLY-ORIENTED VIEWING BOOTH OR ARCADE BOOTH FACILITY. An establishment which for any form of consideration provides a booth, cubicle, stall, or compartment less than or equal to 600 square feet in area that is primarily designed, constructed, or used to hold or seat patrons to view sexually-oriented materials, including live entertainment or any photographic, electronic, magnetic, digital, or other means or media (including, but not limited to, film, video or magnetic tape, laser disc, CD-rom, books, magazines, or periodicals.)
SEXUALLY-ORIENTED MATERIALS. Media, matter, visual representations, performances, or services distinguished or characterized by the emphasis on specified sexual anatomical areas or specified sexual activities or which are otherwise harmful to juveniles or obscene. SEXUALLY-ORIENTED MATERIALS may include any one or more of the following: books, magazines, newspapers, periodicals, pamphlets, posters, prints, pictures, photographs, slides, transparencies, figures, images, descriptions, motion picture films, previews, trailers, video cassettes, compact discs, laser discs, DVDs, computer files or software, phonographic records, tapes, or other printed matter, visual representations, tangible devices or paraphernalia designed for use in connection with specified sexual activities, plays, shows, skits, dances, exhibitions, or any service capable of arousing prurient or scatological interests through sight, sound or touch.
SHRUB. A low-growing woody plant with one or several perennial main stems producing branches, shoots, or multiple stems from or near the base of the plant and incapable of being pruned to provide at least six feet of clear, branchless trunk within five years of planting.
SIDE YARD. The portion of the lot between the lot line perpendicular to the public right-of-way and the side yard setback line.
SIGN. Any device for visual communication that is used for the purpose of bringing the subject thereon to the attention of the public, but not including any flag, badge, or insignia of any government or governmental agency, or of any civic, charitable, religious, patriotic, fraternal, or similar organization, and further, not including any item of merchandise normally displayed within a show window of a merchant except as specified under § 150.65(C). The term SIGN shall mean and include any display of any letter, numeral, figure, emblem, picture, outline, character, announcement, or anything in part or in combination by any means whereby the same are made visible to the eye for the purposes of attracting attention outdoors to make anything known, whether the display be made on, attached to, or as a part of any other structure, surface, or thing, including but not limited to, the ground or any rock, tree, or other natural object, which display is visible beyond the boundaries of the lot or parcel of property on or over which the same is made.
SINGLE-FAMILY DWELLING. A building designed for occupancy by one family for living purposes and including not more than two lodgers or boarders.
SITE PLAN. A scaled drawing of a proposed project showing grade, property lines, building locations, drives, walkways, parking areas, fencing, screening, setbacks, and signs.
SOCIAL SERVICE AGENCY. A public or nonprofit organization serving to meet needs of the student population.
SOLID FENCE. A fence which has no gap greater than four inches.
SORORITY HOUSE. A building which is occupied only by a group who are associated together in a sorority which is chartered by a national/international sorority or recognized by Bowling Green State University and receive from the sorority or its agents lodging or meals on the premises. Occupants may also include employees and pledges of the sorority or its agents, and non-members not to exceed 10% of the occupancy of the building.
SPECIFIED SEXUAL ACTIVITIES. Includes the display or depiction of any of the following activities as part or in connection with any of the uses of an establishment set forth in this chapter:
(1) The fondling, rubbing, or erotic touching of human genitals, pubic region, buttocks, anus, or female breasts by any bodily part of another person or stimulating device under the control of another person, including lap-dancing, friction dancing, table dancing, straddle dancing, face dancing, or any other method of erotic touching, but not including casual touching;
(2) Human male genitals in a discernible turgid state even if completely and opaquely covered;
(3) Sexual activity, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy, bestiality, sadomasochistic activities, or other extreme or bizarre violence, cruelty, or brutality used to arouse lust;
(4) Actual or simulated masturbation, or the penetration of an orifice with a sex toy; or
(5) Excretory functions, actual or simulated, including urination, defecation, male ejaculation, or the aftermath of male ejaculation.
STREET. A public right-of-way which offers the primary means of access to abutting lots.
SUBSTANTIAL PORTION. A measurement, count, or ratio used in the determination whether an establishment is a sexually-oriented business computed as follows:
(1) For retail sales or rental of sexually-oriented materials in displays visible or self-accessible to the public — more than 10% of the content, stock-in-trade, shelf space, or inventory of the establishment;
(2) For retail sales or rental of sexually-oriented materials of a media nature only (i.e., not including sexually-oriented toys or novelties, lingerie which reveals specified sexual anatomical areas, or leather goods marketed or presented in a context to suggest their use for sadomasochistic practices) displayed in separate rooms or areas with access controls which isolate the room or area from other parts of the store and prevents patrons from viewing sexually-oriented material from the rest of the establishment — more than 40% of the gross floor area of the establishment; or
(3) For performance activities or the showing of films, motion pictures, video cassettes, slides, or similar visual or photographic reproductions — more than 10% of the presentations or performances within any 90-day period in the establishment are characterized by the depiction or description of:
(a) Presentations emphasizing specified sexual activities, specified sexual anatomical areas, or material that is harmful to juveniles or obscene; or
(b) The showing of movies where the Motion Picture Association of America Movie Rating System or a rating system using similar constitutionally acceptable standards would apply an “adults only” rating, including, but not limited to; “NC-17,” “X,” “XX,” or “XXX,” or unrated films with comparable content.
SWIMMING POOL. Any structure designed to contain at least one and one-half feet of water, erected above or below grade, but not including lakes or ponds created for retention or detention purposes.
TEMPORARY PARK-CAMP. Any tract of land used for a period not to exceed a total of 21 days per calendar year for the purpose of parking five or more recreational vehicles, dependent recreational vehicles, or portable camping units, or any combination thereof, for one or more periods of time that do not exceed seven consecutive days or parts thereof.
TEMPORARY SIGN. Any sign, banner, pennant, or advertising display constructed of cloth, canvas, light fabric, cardboard, plastic, wallboard, or other like materials intended to be displayed for a short period of time only, not to exceed 30 days.
TEMPORARY STORAGE. The storage of a vehicle or recreational vehicle in an authorized facility in a district where such facilities are a permitted use. TEMPORARY STORAGE is limited to a maximum period of 90 days. Recreational vehicles stored in an authorized facility for the months of November to April shall not be considered TEMPORARY STORAGE.
TOPLESS. The showing of a female breast with less than a full opaque covering any portion thereof below the top of the nipple.
TRAFFIC-CONTROL DEVICE. Any sign, signal, or marking placed by a public body having jurisdiction, for the purpose of regulating, warning, or guiding traffic, including signs denoting names of streets and highways.
TRAVEL TRAILER. A self-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. TRAVEL TRAILER includes a tent-type foldout camping trailer as defined in R.C. § 4717.01.
TREE or SHADE TREE. A tall growing woody plant with one or more perennial main stems or trunk which develops branches from the aerial section of the stem rather than from the base, capable of being pruned to provide at least six feet of clear, branchless trunk below the crown within five years of planting.
TREELAWN. The unpaved portion of street right-of- way.
TRUCK CAMPER. A nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
TWO-FAMILY DWELLING. A building containing two dwelling units each designed for occupancy by one family for living purposes and including not more than two lodgers or boarders.
TYPE A FAMILY DAY-CARE HOME. A permanent residence of the administrator in which child day-care is provided for four to 12 children at one time, if four or more children are under two years of age. In counting children for purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted. The term TYPE A FAMILY DAY CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
TYPE B FAMILY DAY-CARE HOME. A permanent resident of the provider in which child day-care or child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at any one time. In counting children for the purposes of this definition, any children under six years of age that are related to the provider and are on the premises of the Type B Home shall be counted. The term TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
UNIVERSITY RELATED RESIDENTIAL. An area bounded on the north by a 2.87 acre parcel north of Frazee Avenue and south of the Columbia Gas property, immediately south of Poe Road, the east by Thurstin Avenue, the south by Court Street, and the west by the Conrail, contiguous to the main campus of Bowling Green State University, whose permitted uses serve the University and the student population.
UNRELATED INDIVIDUAL. One or more persons who are not related by blood, marriage, or adoption occupying a dwelling unit for purposes of habitation.
VEHICLE. Every device, including a motorized bicycle, in, upon, or by which any person or property may be transported or drawn upon a highway, except devices moved by power collected from overhead electric trolley wires, or used exclusively upon stationary rails or tracks, and except devices other than bicycles moved by human power.
VOCATIONAL TRAINING SCHOOL. A facility or school established to provide for the teaching and training of technical skills required to perform the tasks of a particular and specific job. This could be a school or facility that is publicly or privately owned.
WAREHOUSE. A structure designed for the storage and redistribution of materials. Sales from the site are not an activity, nor are assembly or manufacturing of goods or products.
WHOLESALE WAREHOUSE. The storage and transfer of goods, generally in bulk, only for the purpose of resale.
YARD. An open space at grade lying between a structure and the adjoining lot lines.
YOUTH HOSTEL HOUSE PARENTS. Two or less related or unrelated individuals, enrolled in the Health, Physical Education and Recreation Department of Bowling Green State University residing in the Youth Hostel Facility for purposes of habitation, and approved by the Board of Parks and Recreation.
ZONING CERTIFICATE or ZONING PERMIT. A document issued by the zoning inspector authorizing initial use of land or buildings or changes in use of the same and certifying conformance with provisions of this chapter.
ZONING DISTRICT MAP. A map or maps of the city containing the location of all zones as designated in this chapter or amendments thereto, and which shall be a part of this chapter.
ZONING INSPECTOR. Planning Director or a duly designated deputy.
(1980 Code, §150.03) (Ord. 3200, passed 1-6-1975; Am. Ord. 3484, passed 9-7-1976; Am. Ord. 3561, passed 5-2-1977; Am. Ord. 3680, passed 2-6-1978; Am. Ord. 3929, passed 1-7-1980; Am. Ord. 4358, passed 11-7-1983; Am. Ord. 4607, passed 12-2-1985; Am. Ord. 5005, passed 4-17-1989; 5064, passed 4-18-1989; Am. Ord. 5018, passed 5-1-1989; Am. Ord. 5332, passed 10-7-1991; Am. Ord. 5357, passed 12-2-1991; Am. Ord. 5376, passed 1-21-1992; Am. Ord. 5449, passed 9-8-1992; Am. Ord. 5511, passed 1-19-1993; Am. Ord. 5579, passed 6-21-1993; Am. Ord. 5653, passed 12-20-1993; Am. Ord. 5729, passed 12-18-1995; Am. Ord. 5887, passed 8-21-1995; Am. Ord. 5911, passed 11-6-1995; Am. Ord. 5927, passed 12-18-1995; Am. Ord. 5954, passed 3-18-1996; Am. Ord. 6098, passed 11-18-1996; Am. Ord. 6179, passed 7-21-1997; Am. Ord. 6260, passed 2-2-1998; Am. Ord. 6400, passed 12-7-1998; Am. Ord. 6436, passed 3-1-1999; Am. Ord. 6467, passed 4-19-1999; Am. Ord. 6576, passed 2-22-2000; Am. Ord. 6679, passed 11-6-2000; Am. Ord. 6700, passed 12-18-2000; Am. Ord. 6901, passed 1-7-2002; Am. Ord. 6971, passed 5-20-2002; Am. Ord. 7105, passed 9-15-2003; Am. Ord. 7322, passed 12-6-2004; Am. Ord. 7331, passed 12-20-2004; Am. Ord. 7341, passed 1-18-2005; Am. Ord. 7408, passed 7-5-2005; Am. Ord. 7503, passed 12-19-2005; Am. Ord. 7530, passed 3-6-2006; Am. Ord. 7702, passed 9-17-2007; Am. Ord. 7768, passed 4-21-2008; Am. Ord. 7829, passed 10-20-2008; Am. Ord. 7909, passed 8-17-2009; Am. Ord. 7925, passed 10-5-2009; Am. Ord. 7933, passed 10-19-2009; Am. Ord. 7947, passed 12-21-2009; Am. Ord. 7951, passed 1-19-2010; Am. Ord. 8181, passed 5-21-2012; Am. Ord. 8525, passed 8-1-2016; Am. Ord. 8614, passed 8-21-2017; Am. Ord. 8813, passed 1-21-2020)