A
Access - Permission or ability to enter, approach or pass to and from public and private property.
Access Management - The control of street (or highway) access for the purpose for improving the efficiency, safety and/or operation of the roadway for vehicles; may include prohibiting, closing, or limiting direct vehicle access to a roadway from abutting properties, either with physical barriers (curbs, medians, etc.) or by land dedication or easement.
Accessibility - Approachability and usability by people with disabilities including the degree of compliance with the federal Americans with Disabilities Act.
Accessory Building or Structure - Any building or structure situated on the same lot with, and of a nature customarily incidental and subordinate to, the principle building, or structure.
Accessory Use, Major - Means an accessory use that, because of its size, location, or intensity of activity, may have impact on adjacent property and is listed in Table 9.1. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. The City Planner shall determine if the accessory use is a Major or Minor Accessory Use. A Major Accessory Use and Accessory Building are considered for approval by Planning Commission.
Accessory Use, Minor - means an accessory use that will not have significant impact on adjacent property and is listed as a Minor Accessory Use in Table 9.1. Accessory uses and buildings may be erected upon a lot on which a principal structure already exists. The use of the accessory building must be secondary and incidental to the principal use. Minor accessory uses and buildings are considered for approval by the City Planner.
Administrative Officer - Employee(s) of the City of Centerville, Ohio, empowered by the City Manager, to administer, enforce, or interpret the provisions, requirements, and procedures of this ordinance.
Adult Arcade - Any place to which the public is permitted or invited, wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to 5 or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matters exhibiting "specified sexual activities" or "specified anatomical areas.
Adult Bookstore, Adult Novelty Store or Adult Video Store - A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of any one or more of the following:
1. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides or other visual representations, which are characterized by their emphasis upon the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
2. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of the user or others.
Adult Cabaret - A nightclub, bar, restaurant, or similar commercial establishment which regularly features:
1. Persons who appear semi-nude; or
2. Live performances which are characterized by the exhibition or display of "specified anatomical areas" or by "specified sexual activities;" or
3. Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas;"
Adult Motel - A hotel, motel, or similar commercial establishment that offers accommodations to the public for any form of consideration; provides patrons with closed-circuit television transmissions, films, motion pictures, video DVD or cassettes, slides, or other photographic reproductions which are characterized by the exhibition or display of "specified sexual activities" or "specified anatomical areas;" and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; and either
1. Offers a sleeping room for rent for a period of time that is less than 10 hours, or
2. Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than 10 hours.
Adult Motion Picture Theater - A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, electronic media including CD's and DVD's or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
Adult Theater - A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear nude or semi-nude, or live performances which are characterized by the exhibition or display of "specified anatomical areas" or by "specified sexual activities."
Agriculture - The production, keeping or maintenance, for sale, lease, or personal use of plants and animals useful to man, including but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental and greenhouse products; or lands devoted to a soil conservation or forestry management program. Small gardens and fruit bearing trees or shrubbery that are associated with residential uses where the harvests are consumed or used exclusively by persons residing on the premises, shall not be considered as part of the definition of agriculture.
Alley - A public thoroughfare having a right of way of not less than 16 feet and serving the rear of a property.
Alteration of a Landmark - Any material change in the external architectural features of a building or structure designated as a landmark. An alteration does not include demolition, building additions, new construction, site development or landscaping.
Amenities, Pedestrian - Pedestrian amenities serve as informal gathering places for socializing, resting, and enjoyment of a particular area and contribute to a walkable district. Typical amenities include extra wide sidewalks, street trees, sitting spaces, weather protection (awnings or canopies), pedestrian scale lighting, bus stop seating, etc.
Amusement Arcade - An establishment offering for public use 5 or more of any form of game machine, instrument or apparatus operated by coin or similar medium.
Animal Hospital - An establishment for the care, observation, and/or treatment of domestic animals.
Apiary - Assembly of one or more colonies of bees at a single location.
Architectural Elevation - A scale drawing of the front, side, or rear of a building or structure.
Architectural Feature - Doors, windows, siding, chimneys, dormers, moldings, trim, sills, casing, paneling, pediments, bracketing, quoins, vergeboards or other similar features that typify a specific architectural period or periods, or project a distinctive appearance that is unique to a building or structure.
Articulate - The giving of emphasis to architectural elements (such as entryways, windows, canopies, or balconies) that create a complementary pattern or rhythm; The dividing of a large building into smaller, identifiable pieces by modulating the facade and roof to reduce the apparent bulk of the building; The use of off-sets, projections, recessed walls, windows, doors, etc. that provide variation to a building façade.
Artisan Workshop - An establishment for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, leathercraft, hand-woven articles, and related items.
Automobile Dependent Uses or Activities - Land uses that contain automobiles and/or motor vehicles as integral parts of the uses.
Automobile or Truck Repair - A building or portion thereof used for the repair or replacement of engines, transmissions, differentials, drive trains, or any parts thereof, in addition to the replacement of parts, service, and incidental repairs to motor vehicles, but excluding dismantling and salvage.
Automobile Salvage Yard - Any lot or parcel that is exposed to the elements and upon which motor vehicles of any kind incapable of being operated and not currently licensed are placed, located, or found.
B
Back-up Power or Emergency Power System - An electricity generator or a bank of batteries that can provide a secondary source of mechanical or electrical power to operate critically important systems or equipment when the primary source is disrupted or discontinued during a period of emergency due to a situation beyond the control of a property owner or the owner/operator of a facility. A power source that serves as an energy or power source in circumstances other than for back-up or emergency power situations or for standard testing such as load shedding or peak shaving, shall not be considered as back-up power or emergency power.
Bakery - An establishment primarily engaged in the retail sale of baked products for consumption off site. The products may be prepared on or off site, but are generally prepared on site.
Bank - A financial institution that is open to the public and engaged in deposit banking, and that performs closely related functions such as making loans, investments, and fiduciary activities.
Banquet Hall - A facility or hall available for rent or lease by private parties.
Bar/Tavern - An area primarily devoted to the serving of alcoholic beverages and in which the sale of food and packaged alcoholic beverages is only incidental to the consumption of such beverages.
Barber Shop/Beauty Parlor - An establishment where the practice of barbering or cosmetology is engaged by one or more barbers or stylists.
Base Flood - A flood having a 1 percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent chance annual flood or 100 year flood.
Base (100-Year) Flood Elevation (BFE) - The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from 1 to 3 feet). (Ord. 3-22)
Basement - A space having one-half) or more of its floor-to-ceiling height above the average level of the adjoining ground and with a floor-to-ceiling height of not less than 6 ½ feet.
Basin - An area, which, by virtue of a dam, berm or excavation, is capable of temporarily and/or permanently holding storm water and/or sediment carried by storm water runoff.
Bed and Breakfast - A private residence that offers temporary sleeping accommodations in the owner or operator's principal residence. Meals may also be provided to lodgers at a bed and breakfast.
Bee - Any stage of any species of the genus Apis.
Bee Colony - Any hive and its equipment, including bees, combs, and brood.
Beekeeper - A person who is licensed through the Ohio Department of Agriculture to maintain one or more honey bee colonies.
Big Box Retail - A large format retail store with a size of 35,000 square feet or larger.
Block - A rectangular or other geometric area of land surrounded by streets and usually containing several lots and/or buildings.
Block Front - The frontage of a block along a street.
Board of Architectural Review (BAR) - The Board of Architectural Review of the City of Centerville, Ohio.
Board of Architectural Review (BAR) Color Chart - A color chart of exterior paint color schemes approved for use within the Architectural Preservation District by the Board of Architectural Review.
Boarding, Lodging, or Tourist Home - A dwelling or part thereof, in which lodging is provided by the owner or operator to more than 3 boarders.
Bollard - A post of metal, wood, or masonry that is used to separate or direct traffic (vehicles, pedestrians and/or bicycles). Bollards are usually decorative and may contain sidewalk or pathway lighting.
Bookstore - A retail establishment that, as its primary business, engages in the sale rental, or other charge-for-use of books, magazines, newspapers, greeting cards, postcards, videotapes, computer software, and any other printed or electronically conveyed information or media, excluding adult bookstores.
Bowling Alley - An establishment for bowling containing bowling lanes, equipment, and playing areas.
Bufferyard - A yard, a building setback, or a parking or paving setback required by this ordinance to separate land uses by distance through the use of the width of the required yard or setback and visually through the use of landscaping, fencing, walls, earthen berm or any combination thereof that is installed within the bufferyard.
Buildable Area - The portion of a lot remaining after required yards have been provided. See Figure 11.0.
Building - A structure designed for the support, enclosure, shelter, or protection of persons, animals, chattel, or property.
Building or Structure, Attached - Any building or structure which shares a common wall of at least five (5) feet in length with an adjoining building, or is connected to an adjoining building by an enclosed, finished living space with an interior dimension of at least five (5) feet in width. (Ord. 15-16)
Building, Principal - A building in which is conducted the main or principal use of the lot where the building is situated and including areas such as garages, carports, and storage areas that are attached to the principal building.
Building Frontage - The maximum horizontal width of the ground floor of a building that approximately parallels and faces an adjacent public right of way of at least 50 feet in width. In the case of a building where an individual occupant would have no building frontage, the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by 2 or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage. Corner lots and through lots shall be considered to have only 1 distinct and separate building frontage for signage calculation purposes. (Ord. 18-13)
Building Height - The vertical distance measured from the grade plane to the average height of the highest roof surface.
Building Mass - The aggregate size of a building measured by calculating the height, width, and depth of all its parts.
Building Setback Line - The line indicating the minimum horizontal distance between the street right-of-way line and the front building setback line.
Bus Stop - A small, roofed structure, usually having 3 walls, located near a street and designed primarily for the protection and convenience of bus passengers.
C
Candela - A candela is a lumen per steradian. It is used for "point" sources to calculate how much light is cast on a surface no matter where the surface is.
Caretaker's Residence - A single-family dwelling unit that is accessory to the premises of a nonresidential use, and occupied by a caretaker or guard.
Car Wash - The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.
Carport - A roofed shelter, open on at least two sides, designed as a shelter for automobiles or other vehicles. A carport may be freestanding or may be formed by extension of a roof from the side of a building. A carport shall not be considered a private garage.
Cemetery - Land used or dedicated to the burial of the deceased, including crematoriums, mausoleums, necessary sales, and maintenance facilities. Mortuaries shall be included when operated within the boundary of such cemetery.
Certificate of Zoning Compliance: - A document issued by the City certifying that plans for a proposed use, re-use, development, building, or structure meet all applicable Codes and regulations.
Channel - A natural stream that conveys water or a ditch or channel excavated for the flow of water.
Church - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Nursery, kindergarten, day care, and compulsory (grades 1-12) schools shall be permitted accessory use(s) to a church.
City - The City of Centerville, Ohio.
City Council - The City Council of the City of Centerville, Ohio.
Clearing - The clearing, grubbing, scalping and removal of trees and stumps and the removing and disposing of all vegetation and debris within a site, and shall include the conditions resulting there from.
Clinic - A place for the care, diagnosis, or treatment of persons who are ailing, sick, injured, or are in need of medical attention, but are not provided room, board or kept overnight on the premises.
Clothing Store - A retail establishment engaged primarily in the sale of clothing.
Club or Lodge - Any buildings or facilities, owned or operated by a corporation, association, person or persons, for a social, educational, or recreational purpose, to which membership is required for participation and not primarily operated for profit nor to render a service that is customarily carried on as a business.
Co-location - The use of a Wireless Telecommunication Facility by more than 1 wireless telecommunication provider.
Coffee Shop - An informal restaurant primarily offering, coffee, tea, and other beverages, and where light refreshments and limited menu meals may also be sold.
Commercial Entertainment - An establishment for spectator uses within an enclosed building. Typical uses include motion picture theaters and concert or music halls.
Commercial Recreation - An establishment whose principal use is to provide an amusement or entertainment activity where tickets are sold or fees are collected for the activity including, but not limited to, skating rinks water slides, miniature golf courses, arcades, bowling alleys, and billiard halls.
Commercial Vehicle - See: Vehicle, Commercial
Commission - The Planning Commission of the City of Centerville, Ohio.
Communication Antenna - Any system of wires, poles, rods, and reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves. Antennas shall include devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom that may be mounted upon and rotated through a vertical mast or tower interconnecting the boom and antenna support, all of which elements are deemed to be part of the antenna.
Compact Development - Buildings, parking areas, streets, driveways, and public spaces are developed in a way that shortens trips, and lessens dependence on the automobile; thereby reducing levels of land consumption, energy use, and air pollution. Compact development promotes full utilization of urban services, such as water lines, sewers, streets, and emergency services, by taking advantage of existing public facilities and minimizing the need for new facilities.
Compatible - The design utilizes site planning and the elements of architectural composition within the context of, and with sensitivity to, maintaining the general character of existing development in the surrounding area. Compatibility does not mean "the same as," but rather, "existing in harmony with." (Ord. 15-16)
Comprehensive Development Plan - A plan, including all attachments, that is adopted by the City Council to serve as a guide for future development and the enactment of zoning and other growth related legislation. This plan outlines the general location and extent of present and proposed physical facilities, including housing, commercial, and industrial uses, major streets, parks, schools, and other community facilities.
Construction - The erection, alteration, repair, renovation, demolition or removal of any building or structure, and the clearing, stripping, excavating, filling, grading and regulation of sites in connection therewith.
Contractor's Shop - An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building related products, and interior storage.
Convenience Store - A retail store that caters to the motoring public where the sale of food items such as hot or cold drinks, prepackaged foods, road maps, magazines and other publications, automotive maintenance items such as brake fluid, oil, polishes, anti-freeze, and similar products, and other retail items that may be readily purchased. A convenience store does not sell gasoline or other fuels.
Convention Center - A facility used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on premise consumption.
Corporate Data Centers - Any facility where electronic data is processed by employees, including without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, and mailing list preparation.
Craft Breweries, Distilleries and Microwineries - A small-scale, licensed manufacturing establishment which produces, processes, bottles, cans, ferments, rectifies, or blends craft brews, wines or distilled spirits; may or may not offer tastings, and may or may not provide on-site sale and consumption of the products. Primary offerings are produced on site. (Ord. 16-20)
Create the Vision, Joint Comprehensive Plan - The Comprehensive Plan for the City of Centerville and Washington Township, Montgomery County, Ohio and adopted by Montgomery County, Ohio as a part of the County Comprehensive Plan
Cul-de-sac - A short local street which is terminated by a circular or T-shaped turnaround or back-around.
Curb Cut - The opening along the curb line at which point vehicles may enter or leave the roadway.
Cut - An excavation. The word "cut" also means the difference between a point on the original ground and a designated point of lower elevation on the final grade. The word "cut" also means the material removed from an excavation.
D
Days - Whenever a number of days is specified in this UDO, or in any permit, condition of approval, or notice issued or given as provided in this UDO, the number of days shall be construed as calendar days unless otherwise specified. Time limits will extend to the following business day where the last of the specified number of days falls on a day that the City is not open for business. (Ord. 4-18)
Day Care Center - An establishment licensed by the State of Ohio providing care and supervision for 7 or more persons on a less than 24 hour basis. This classification includes nursery schools, preschools, day care centers for children or adults and any other day care facility licensed by the State of Ohio.
Day Care, Adult - A facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of the day.
Day Care, Child - A facility that provides nonmedical care to children under 18 years of age.
Debris - Loose refuse or earth material not suitable for use as presently situated or constituted.
Demolition - The substantial deterioration or complete or substantial removal or destruction of any building or structure.
Density, Gross - The total gross area in acres of land in a residential development divided by the total number of dwelling units in that residential development. The gross area of land shall include all public or private streets, public or private open space, ponds, lakes, streams, stormwater retention or detention basins, floodplain, easements, rental offices, community facilities, and recreational facilities within the residential development.
Department Store - A large retail store carrying a wide variety of merchandise and organized into various departments for sales and administrative purposes.
Design Review Criteria - A booklet containing design guidelines for buildings, signs, landscaping and screening and other aesthetic elements for the Architectural Preservation District and Landmark Properties which is formally titled "Design Review Criteria for Properties in the Architectural Preservation District and Landmark Properties."
Developer - Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Ordinance to affect the development of land.
Development - Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations.
Development Area - Any contiguous area owned by one person or developed as a single phase or in multiple phases included within the scope of these regulations, upon which earth-disturbing activities are planned or underway.
Development Intensity - The amount or magnitude of a use on a site or allowed in a zoning district. Generally, it is measured by floor area. It may also be measured by such things as number of employees, amount of production, trip generation, or hours of operation.
Development Plan - See: Site Plan
Direct Sale of Consumer Products or Service - The sale of a consumer product or service, person-to-person, away from a fixed retail location whose products are sold primarily through in-home product demonstrations, parties of 3 or more customers, and one-on-one selling where little or no inventory is kept on the premises. This definition does not include retail sales where inventory is usually kept in a fixed location, on-premises and/or displayed in a manner that a consumer can walk-in, select and purchase an item and leave.
Discretionary Design Review Standards or Approval Criteria - Describes a permit action or decision that involves substantial judgment or discretion.
Distinguished or Characterized by an Emphasis Upon - The dominant or principal theme of the object referenced. For instance, when the phrase refers to films "which are distinguished or characterized by an emphasis upon the exhibition or display of specified sexual activities or specified anatomical areas," the films so described are those whose dominant or principal character and theme are the exhibition or display of "specified anatomical areas" or "specified sexual activities."
Ditch - An open channel with intermittent flow, either dug or natural, for the purpose of drainage or irrigation. (See the terms "stream," "drainageway" and "grassed waterway," as defined in this section.)
Drainageway - An area of concentrated storm water flow other than those defined as a river, stream, ditch or grassed waterway.
Drive Aisle - An improved, paved driving surface for 1 line of vehicles.
Drive-thru - A business or portion of a business that serves customers who pull up in their vehicles, orders are taken, and goods or services are provided using a window and/or microphone, while the customers remain in their vehicles. (Ord. 15-16)
Drive-Through Store - A building or structure with an opening, including windows, doors, or mechanical devices, through which occupants of a motor vehicle receive or obtain a product or services.
Driveway - A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
Drug Store - An establishment engaged in the retail sale of prescription drugs, nonprescription medicines, cosmetics, and related supplies.
Dry Cleaning Shop - Any business or establishment maintained for the pickup and delivery of dry cleaning and/or laundry without the maintenance or operation of any laundry or dry cleaning equipment or machinery on the premises.
Dry Detention - The capture and subsequent slow release of storm water runoff. Capture facilities drain completely between storms.
Dumping of Earth Material - The grading, pushing, piling, throwing, unloading or placing of earth material.
Dwelling Unit - One (1) room, or connected rooms, constituting a separate, independent housekeeping establishment for owner occupancy, or for rental or lease on a weekly, monthly, or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities
Dwelling, Ancillary Unit - An additional dwelling unit located on the same lot as a single-family dwelling or duplex.
Dwelling, Duplex - A detached residential building on a single lot containing 2 dwelling units.
Dwelling, Duplex Attached - A duplex, located on its own lot, which shares one or more common or abutting walls with one other duplex, thereby totaling 4 dwelling units.
Dwelling, Mobile Home - A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. A travel trailer is not to be considered as a mobile home.
Dwelling, Multi-Family - A structure on a single lot or parcel containing 3 or more units which share common walls or floor/ceilings with the adjacent unit(s). Multi-family dwellings include condominium and apartment units without regard to ownership status and includes congregate (or independent) care and assisted care facilities for the elderly, but excludes all types of nursing home, convalescent care and institutional type living arrangements. The following are type of Multi-Family Dwellings:
1. Garden Apartment. A 2 or 3 story multi-family dwelling with increased landscaping or open space, typically not including elevators.
2. Mid-Rise Apartment. A 3 to 6 story multi-family dwelling with reduced landscaping.
3. Rowhouse. An attached dwelling of 2 or more stories that has the appearance of a townhouse but not located on individual lots.
4. Townhome. A single-family attached dwelling of 2 or more stories, in a building of 2 or more units, with each dwelling unit and its underlying lot platted to allow separate ownership.
Dwelling, Single-Family Attached - A dwelling unit, located on its own lot, that shares one or more common or abutting walls with 1 or more dwelling units.
Dwelling, Single-Family Detached - A detached dwelling unit, constructed on-site or elsewhere, situated on its own lot or parcel.
E
Earth Disturbing Activity - Any grading, excavation, filling or other alteration of the earth's surface where natural or man-made ground cover is destroyed and which may result in or contribute to erosion and sediment pollution.
Earth Material - Soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.
Easement - A right given by the property owner for specific limited use of that land by a public agency, governmental body, corporation or another person or entity.
Employee, Employ, and Employment of a Sexually Oriented Business - Any person who performs any service on the premises of a sexually oriented business on a fulltime, part-time, or contract basis, regardless of whether the person is denominated as an employee, independent contractor, agent, or by another status. "Employee" does not include a person exclusively on the premises for repair or maintenance of the premises, or for the delivery of goods to the premises.
Enclosure Below the Lowest Floor - See "lowest floor."
Energy Conversion Device - Any machine or device that converts wind, solar, or other natural types of energy into a usable form such as but not limited to electric energy.
Enforcement Officer - The City Zoning Administrator or such person as may be designated by the Manager.
Engineer - A professional engineer registered in the State of Ohio. See Registered Professional Engineer.
Erosion - The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep, or the detachment and movement of soil or rock fragments by wind, water, ice or gravity. The following are types of erosion:
1. Accelerated Erosion - Erosion that occurs more rapidly than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.
2. Gully Erosion - Erosion caused by water accumulating in narrow channels and over short periods during and immediately after rainfall or snow or ice melt activity which removes soil such that channels become considerably deeper than what would otherwise result by normal smoothing or tilling operations.
3. Natural or Geological Erosion - The wearing away of the earth's surface by water, ice or other natural agents under natural environmental conditions of climate, vegetation, etc., undisturbed by man.
4. Normal Erosion - The gradual erosion of land used by man that does not greatly exceed natural erosion.
5. Rill Erosion - An erosion process where numerous small channels only several inches deep are formed. Rill erosion occurs mainly on recently disturbed soils.
6. Sheet Erosion - The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.
7. Stream Bank Erosion - The erosion of the stream bank and channel bottom due to high velocity of the flow within the stream.
Escort - A person who, for consideration, and for another person, agrees or offers:
1. To act as a companion, guide, or date;
2. To privately model lingerie: or
3. To privately perform a striptease.
Escort Agency - A person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertises to furnish, escorts as one of its primary business purposes.
Establish or Establishment of a Sexually Oriented Business - Any of the following:
1. The opening or commencement of any sexually-oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
3. The addition of any sexually oriented business to any other existing sexually oriented business; or
4. The relocation of any sexually oriented business.
Excavation - Any act by which earth, sand, gravel, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and shall include the conditions resulting there from.
Executive Order 11988 (Floodplain Management) - Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
External Rotation -The rotation or movement of a sign that extends beyond the sign area when in motion. (Ord. 16-20)
F
Family - One (1) or more persons living together as a single housekeeping unit.
Family Day Care Home, Type A - A permanent residence of the administrator which administers to the needs at 1 time of 7 to 12 infants, toddlers, preschool children, and school children outside the school hours by persons other than parents or guardians, custodians, or relatives by blood, marriage, or adoption, for any part of the 24 hour day in a place or residence other than a child's own home. In counting persons under the care of the provider, any child under 6 years of age who is related to the provider and who is on the premises of the home counts towards the maximum number of children.
Family Day Care Home, Type B - A permanent residence of the administrator which administers to the needs at one (1) time or one (1) to six (6) infants, toddlers, preschool children, and school children outside the school hours by persons other than parents or guardians, custodians, or relatives by blood, marriage, or adoption, for any part of the twenty-four (24) hour day in a place or residence other than a child's own home. In counting persons under the care of the provider, any child under six (6) years of age who is related to the provider and who is on the premises of the home shall be counted.
Farm or Farmland - A parcel of land used for agricultural activities.
Federal Emergency Management Agency (FEMA) - The agency with the overall responsibility for administering the National Flood Insurance Program.
Fence - A structure, solid or otherwise, which is a barrier and used as a boundary or means of protection, confinement, or concealment.
Fenestration - The openings which form a part of a building façade.
Filing Fee - A fee established by the City Council of the City of Centerville, Ohio charged to an applicant to cover the administrative cost to process an application including, but not limited to, a zoning permit, rezoning or amendment to the Unified Development Ordinance (UDO), request for Variance, or an Appeal.
Fill - Any of the following:
1. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the conditions resulting there from;
2. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade; and
3. The material used to make a fill.
Final Plat - See Record Plat
Finished Grade - The final grade or elevation of the ground surface that conforms to the approved grading plan.
Flag- A piece of cloth or similar material, typically oblong or square, attachable by one edge to a pole or rope and used as the symbol or emblem of a country, political subdivision including a state or city.
Flagpole - A free-standing structure used for the purpose of displaying a flag(s). (Ord. 15-16)
Flood or Flooding - A general and temporary condition of partial or complete inundation of normally dry land areas from:
1. The overflow of inland or tidal waters, and/or
2. The unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM) - The initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM) - An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
Flood Insurance Risk Zones - Zone designations on FHBMs and FIRMS that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions: (Ord. 3-22)
1. Zone A: Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are not determined.
2. Zones A1-30 and Zone AE: Special flood hazard areas inundated by the 100-year flood in any given year; base flood elevations are determined.
3. Zone AO: Special flood hazard areas inundated by the 100-year flood in any given year; with flood depths of 1 to 3 feet (usually sheet flow on sloping terrain); average depths are determined.
4. Zone AH: Special flood hazard areas inundated by the 100-year flood in any given year; flood depths of 1 to 3 feet (usually areas of ponding); base flood elevations are determined.
5. Zone A99: Special flood hazard areas inundated by the 100-year flood to be protected from the 100-year flood by a Federal flood protection system under construction; no base flood elevations are determined.
6. Zone B and Zone X (shaded): Areas of 500-year flood; areas subject to the 100-year flood with average depths of less than one (1) foot or with contributing drainage area less than one (1) square mile; and areas protected by levees from the base flood.
7. Zone C and Zone X (unshaded): Areas determined to be outside the 500-year floodplain.
Flood Insurance Study (FIS) - The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
Flood Plain Scour - The abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.
Flood Protection Elevation - The Flood Protection Elevation, or FPE, is the base flood elevation plus two (2) feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator. (Ord. 3-22)
Floodproofing - Any combination of structural and non-structural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures and their contents. (Ord. 3-22)
Floodway - The channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than 1 foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following:
1. Moderate to high velocity flood waters;
2. High potential for debris and projectile impacts; and
3. Moderate to high erosion forces.
Floor Area, Gross - The sum of the gross horizontal areas of all floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to ceiling height is less than 6 feet.
Floor Living Area of a Dwelling Unit - The total square feet of all floor living area of a dwelling unit measured using the outside dimensions of the building. Only enclosed, finished, and heated living floor area shall be included in the total area, with the exception that a garage or a porch shall be excluded regardless of whether or not it is enclosed, finished, and heated.
Florist - Any business or establishment whose primary activity is the selling of plants which are not grown on the site and conducting business within an enclosed building.
Footcandle - A measurement of light at an illuminated object. One footcandle is the illuminance at a point on a surface which is one foot from, and perpendicular to, a uniform point source of one candela. One (1) footcandle 10.8 lux.
Freeboard - A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
Freeway - A strip of public land devoted to the movement of traffic over which the abutting property owners have no right of access, light or air.
Frieze - The wide central section of an entablature and may be plain or, in the Ionic or Corinthian order, decorated with bas-reliefs. In an astylar wall it lies upon the architrave ('main beam') and is capped by the moldings of the cornice.
Funeral Home - An establishment engaged in undertaking services such as preparing the deceased for burial, and arranging and managing funerals.
G
Garage, Private - A detached accessory building or a portion of the principal building of a residence designed for the parking or temporary storage of vehicles of the residents thereof including any accessory building having a door of sufficient width to permit a vehicle to enter.
Garage, Public - A principal or accessory building other than a private garage, used for parking or temporary storage of passenger vehicles and in which no other service shall be provided for remuneration.
Garage Sale - The sale of used household items by the occupant of a premises.
Gasoline Station - A facility limited to retail sales to the public of gasoline, motor oil, lubricants, motor fuels, travel aides, and minor automobile accessories. In addition, such a facility may provide minor vehicle servicing and repairs.
Gazebo - A freestanding structure with a pitched roof design and shall be designed for recreational use only and not for habitation or storage. (Ord. 20-22)
General Merchandise Store - A single store that offers for sale most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general hardware articles.
Golf Course - A tract of land laid out with at least 9 holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course including a clubhouse and shelters as accessory uses.
Government Building - A building or structure owned, operated, or occupied by governmental agency to provide a governmental service to the public.
Grade Plane - The average finished ground level adjoining the building at all exterior walls. When the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or; when the lot line is more than 6 feet from the building, between the building and a point 6 feet from the building.
Grading - The stripping, cutting, filling or stockpiling, or any combination thereof, of earth disturbing activities, including land in its cut or filled conditions.
Grassed Waterway - A broad and shallow natural course or constructed channel with erosion resistant grasses or similar herbaceous cover which is used to conduct surface water drainage runoff at nonerosive velocities.
Grocery Store - Any retail market that sells food and other household goods and that is usually operated on a self-service basis.
Gross Leasable Area - The building area that a retail tenant pays to lease.
H
Halo lighting - A method of sign illumination that consists of opaque sign elements with light projected behind them illuminating the mounting surface. (Ord. 20-22)
Hardscape - The part of a building's grounds consisting of structures, such as patios, retaining walls, and walkways made with hard materials. The hardscape consists of the inanimate elements of landscaping, especially any masonry work or woodwork
Hardware Store - A business or establishment primarily engaged in the retail sale of various hardware.
Hazard - Any danger to the public health, welfare and safety, including exposure to risk, damage to property, liability for personal injury or risk of harm to land, air or water resulting in environmental degradation. The word "hazard" can include flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.
Hazardous or Toxic Material(s) - Any material that is inventoried under the Emergency Planning and Community Right-to-Know Act of 1986 (EPCRA) and expanded by the Pollution Prevention Act of 1990.
Health Spa or Gymnasium - A building or portion thereof designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities. Also, building may provide massage, exercise, and related activities with or without such equipment or apparatus.
Heavy Equipment Rental - A building or portion thereof used for the storage and rental of movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises, such as, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, lifts, having a gross weight of 2.5 tons or more.
Hedge - Any group of shrubs, bushes, or any other plant planted in a line or in groups that forms a dense compact barrier that protects, shields, separates, or demarcates an area from view.
Heliport - An area used or intended to be used for the landing and takeoff of helicopters, and may include any or all of the areas of buildings appropriate to accomplish these functions.
Historic Significance - The attributes of a district, site or structure that possess integrity of location, design, setting, materials, workmanship, feeling, association, and that:
1. Are associated with the events that have made a significant contribution to the broad patterns of our history; or
2. Are associated with the lives of persons significant in our past; or
3. Embody the distinctive characteristics of a type, period or method of construction, or that represent a significant and distinguishable entity whose components may lack individual distinction; or
4. Have yielded, or may be likely to yield, information important in prehistory or history.
Historic Structure - Any structure that is:
1. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
3. Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office; or
4. Individually designated as a Local Landmark by the City of Centerville.
Hive - A modern frame hive, box hive, box, barrel, log gum, skep or any other natural or artificial receptacle, or any part thereof, that may be used as a domicile for bees.
Hobby Shop - An establishment primarily engaged in the sale of hobby related items such as model cars, stamps, coins, sports memorabilia and similar type items.
Home Occupation - An activity, office or business conducted in a dwelling unit where such a use is clearly incidental and secondary to the residential use.
Hospital - A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an in-patient basis, and including ancillary services for out-patient and emergency treatment, training, research, administration, and services to patients, employees, and visitors.
Hotel - An establishment where lodging is provided and offered to the public for compensation, and which is open to transient guests and is not a rooming or boarding house.
Household Pet - Any animal that has been bred and/or raised to live in or about the habitation of humans and is dependent on people for food or shelter. Hybrids of animals normally found in the wild state are not included within the meaning of household pet.
Human Scaled - Site and building design elements that are dimensionally related to pedestrians, such as: small building spaces with individual entrances (e.g., as is typical of downtowns and main street developments); larger buildings which have articulation and detailing to break up large masses; narrower streets with tree canopies; smaller parking areas or parking areas broken up into small components with landscaping; and pedestrian amenities, such as sidewalks, plazas, outdoor seating, lighting, weather protection (e.g., awnings or canopies), and similar features. These features are all generally smaller in scale than those which are primarily intended to accommodate automobile traffic.
Hydrologic and Hydraulic Engineering Analysis - An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
I
Indoor Recreational Club - A recreational use conducted entirely within a building, including swimming, tennis, racquetball, skating rink, or other related physical health activity.
Industrial Park - A special type of planned industrial area designed and equipped to accommodate a community of industry, providing them with all the necessary services and facilities in attractive surroundings among compatible neighbors.
Industrial Street - A specialized type of local street carrying a heavier traffic volume and weight and designed to carry 18,000 pounds axle loads.
Infill and Redevelopment - The development of vacant, bypassed or underutilized lands in an area that is mainly developed.
Internal Rotation -The rotation of a sign that does not extend beyond the sign area when in motion. (Ord. 16-20)
J
Junk - Scrap metal, vehicular parts or any dismantled, partially dismantled or discarded machinery, appliance, equipment, or boat, or part thereof, stored on exterior property areas outside of a completely enclosed structure. Any item of tangible personal property designed to be used in an environment protected from the elements, such as inside a building, shall be presumed to be junk if the item is stored outside.
Junk Yard - A lot, land, parcel, building or structure or part thereof where scrap metal, vehicular parts, or any dismantled, partially dismantled, non-operative, or discarded machinery, appliance, equipment, or boat, or part thereof, is stored on exterior property areas outside of a completely enclosed structure. This includes any item of tangible personal property designed to be used in an environment protected from the elements, such as inside a building, being stored outside.
K
Kennel - A premises where four (4) or more dogs, cats, or other animals over four (4) months of age or exceeding two (2) pounds in weight are kept, raised, sold, boarded, bred, shown, treated, or groomed. This also may include facility with any animal day care, boarding, overnight or larger than 2,000 square-foot operations with four (4) or more dogs, cats, or other animals. (Ord. 20-22)
L
Lamp-Post - A post supporting a lamp or lantern for lighting a street, park, etc.
Landscaping or Gardening - The area within the boundaries of a given lot that consists of planting materials, including, but not limited, to trees, shrubs, ground covers, grass, flowers, decorative rock, mulch, bark, and other similar materials.
Lattice - A support structure constructed of vertical metal, plastic, or wood struts and cross braces forming a triangular or square structure which often tapers from the foundation.
Laundromat - A facility where customers wash, dry, or dry clean clothing or other fabrics in machines operated by the customer.
Letter of Map Change (LOMC) - A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMC's are broken down into the following categories:
1. Letter of Map Amendment (LOMA). A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
2. Letter of Map Revision (LOMR). A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and planimetric features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
3. Conditional Letter of Map Revision (CLOMR). A comment by FEMA regarding a proposed project that would, upon construction, affect the hydrologic or hydraulic characteristics of a flooding source and thus result in the modification of the existing regulatory floodway, the effective base flood elevations, or the special flood hazard area. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies. (Ord. 3-22)
Licensee of a Sexually Oriented Business - A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually oriented business.
Lifestyle Community - A large scale residential development that is associated with a specific lifestyle that is the central focus of the community. The central focus of a lifestyle community relates to the active or passive recreational lifestyle of residents within the community. All elements and amenities of this community are designed to emphasize this focus.
Light Loss Factor (LLF) - A depreciation factor which is applied to the calculated initial average luminance or illuminance to determine the value of depreciated average luminance or illuminance at a predetermined time in the operating cycle, usually just prior to relamping, and which reflect the decrease in effective lighting output of a lamp and luminaire during its life. It is comprised of several variables including decrease of lamp lumen output with burning hours, dirt accumulation, equipment and operation at other rated current or voltage.
Light Manufacturing - The manufacture, processing, fabrication, assembly, treatment and packaging of finished goods, products or parts using previously prepared materials within an enclosed facility. (Ord. 4-18)
Liquor Store - A retail establishment whose principal business is the sale of liquor including beer and wine.
Loading Space, 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 space is not to be included as off-street parking space in computation of required off-street parking space.
Local Street - A street used primarily to provide access to abutting properties.
Lot - For purposes of this Ordinance, a lot is a parcel of land of at least 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 the minimum required frontage on an improved public street, or on an approved private street, and may consist of a single parcel of land or a combination of parcels of land when the parcels of land are adjacent to one another and used as one , provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Ordinance. Each parcel of land shall be described by either metes and bounds on a document recorded at the county recorders office or a plat recorded at the county recorders office.
Lot, Corner - A lot or parcel of land that abuts upon 2 or more streets at their intersection, or upon 2 rts of the same street forming an interior angle less than 135 degrees. See Figure 11.2
Lot, Flag - A lot not fronting on or abutting a public right-of-way and where access to the public right-of-way is by a narrow, private strip of land. See Figure 11.2.
Lot, Interior - An interior lot is defined as a lot other than a corner lot with only 1 frontage on a See Figure 11.2.
Lot, Reversed Frontage - A lot which is not accessible from 1 of the parallel or non-intersecting streets upon which it fronts.
Lot, Through - A through lot is defined as a lot other than a corner lot with frontage on more than 1 street. Through lots abutting 2 streets may be referred to as double frontage lots. See Figure 11.2
Lot Depth - The distance measured from the front lot line to the rear lot line. See Figure 11.2
Lot Frontage - The length of the front lot line measured at the street right-of-way line. See Figure 11.2.
Lot Line - A line of record that divides 1 lot from another lot or from a public or private street or any other public space. See Figure 11.2
Lot Line, Front - A lot line separating a lot from a street right-of-way. See Figure 11.2
Lot Line, Rear - The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to at a maximum distance from the front lot line. A corner lot as defined in this ordinance shall have no rear lot line. See Figure 11.2
Lot Line, Side - Any lot line other than a front or rear lot line. See Figure 11.2
Lot of Record - A lot, which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes, and bounds, the description of which has been so recorded.
Lot Width - The horizontal distance between the side lot lines of a lot measured at right angles to its depth along a straight line parallel to the front lot line at the minimum required building setback line. See Figure 11.2
Lowest Floor - The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.
Lux - The metric unit of measure for illuminance of a surface. One lux is equal to one lumen per square meter. One (1) lux equals 0.093 footcandles. For purposes of this Ordinance, one (1) lux equals one (1) nit of luminance.
M
Machine Shop - A workshop in which metals and other substances are cut, shaped, finished, and repaired by machine tools.
Major Street - See: Thoroughfare
Manufactured Home - A structure, transportable in 1 or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
Manufactured Home Park - As specified in the Ohio Administrative Code 4781-12-01(K), a manufactured home park means any tract of land upon which 3 or more manufactured 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 part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though 3 or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. Manufactured Home Park does not include any tract of land used solely for the storage or display for sale of manufactured homes. (Ord. 3-22)
Marginal Access Street, Access Drive and Service Drive - A local street parallel and adjacent to a thoroughfare providing access to abutting properties either in front of or behind a residential, commercial or industrial use.
Master Plan - See: Comprehensive Development Plan
Mean sea level - For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced. (Ord. 3-22)
Media Production - A facility or establishment whose primary function is the production and creation of media of various forms.
Median - A strip of land, centered in a roadway that is used to separate vehicular traffic traveling in opposite directions.
Miniature Golf - An area for the purpose of putting golf balls through a miniature course usually containing obstacles. A miniature golf course may be illuminated after dark.
Mining - The process or business of extracting solids such as coal, minerals or ores, liquids such as crude petroleum, and gases, such as natural gas from the earth. The term also includes quarrying, well operation, milling, such as crushing, screening, washing and flotation, and other preparation customarily done at the mine site or as part of a mining activity.
Mitigate Impacts - To avoid, rectify, repair or compensate for negative impacts which result from other actions (e.g., improvements to a street may be required to mitigate for transportation impacts resulting from development.)
Mixed-Use Development - A building or development characterized by either a vertical or horizontal physical integration of uses. A mixed-use building is a structure at least 2 stories in height which includes a mix of uses such as retail and office uses, residential and commercial uses, or commercial and light industrial uses. A mixed-use development multiple buildings, usually of multiple stories, designed to assure a diversity of compatible land uses which may include a mixture of residential, office, retail, services, recreational, live/work units, flex space uses, and other miscellaneous uses allowed in a district. A campus development is considered a mixed-use development. However, within a mixed-use development, a mix of residential and industrial uses is prohibited in a single building or on immediately adjoining land.
Mobile Food Vehicle - A commercially manufactured, self-propelled, self-contained vehicle currently licensed by the Ohio Department of Motor Vehicles in which ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
Mobility - The ordinary movement of the population by any means.
Monopole - A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
Mulching - The application of suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
N (Ord. 4-18)
National Flood Insurance Program (NFIP) - A Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
Natural Preserve Areas - Any land or area, the preservation of which in its present use would: conserve and enhance natural or scenic resources; or protect streams or water supply; or promote conservation of soils, wetlands, or beaches; enhance the value to the public of abutting or neighboring parks, forests, wildlife preserves, nature reservations, or sanctuaries; or enhance recreation opportunities.
411 Definitions 11.02
Natural Vegetation - Any ground cover in its original state before commencement of earth disturbing activities.
Neighborhood Commercial - A business establishment offering small-scale retail or service operations that serve the surrounding residential area.
Net Acre - The amount of actual acreage that may be used for building lots after the dedication of land for public use (ie: installation of streets, sidewalk, etc.).
New Construction - Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by Centerville and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM [November 18, 1981] and includes any subsequent improvements to such structures. (Ord. 3-22)
Nit - The measurement of the amount of light a bulb produces. It is given in nits or one (1) candela per square meter (cd/m2). One (1) nit is equal to one (1) cd/m2. For purposes of this Ordinance, 5,000 Nits equals 464.5 candela per square foot and 1,000 Nits equals 92.9 candela per square foot.
Node - An area of concentrated activity, often involving higher densities and a mix of uses, that encourages alternatives to automobile travel.
Non-Conformities - For purposes of this Ordinance, a non-conforming lot, structure, use or a characteristic of a use are those that were lawful before this ordinance was passed or amended, but which could be prohibited, regulated, or restricted under the terms of this ordinance or future amendment. It is the intent of this ordinance to permit these non-conformities to continue until they are removed, but not to encourage their survival. It is further the intent of this ordinance that non-conformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.
Nude, Nudity, or A State of Nudity - Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the nipple of the female breast with less than a fully opaque covering; or exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering.
Nuisance - A public nuisance as known by common law or in equity jurisprudence.
Nursing or Convalescent Home - An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness or infirmity, are unable to care for themselves.
O
Occupancy Permit - A required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.
Office - A facility for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, computer software consulting, data management, engineering, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices, banks and savings and loan associations and offices that are incidental to retail, production, storage or other activities.
Office Park - A large tract of land that has been planned, developed, and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
Office/Business Services - Establishments primarily engaged in rendering services to office or business establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; and personal supply services.
Official Thoroughfare Plan - The Official Thoroughfare Plan for the City of Centerville, Ohio.
One Hundred-Year Flood Plain - Any land, which is subject to a one percent or greater chance of flooding in any given year, whether or not such land is designated as a flood hazard area by the Federal Insurance Administration or the Federal Emergency Management Agency (FEMA).
Outdoor Recreational Club - A recreational use conducted in part or wholly outside a building, including swimming, tennis, racquetball, skating rink, or other related physical health activity.
Owner - Any person who, alone or jointly or severally with others, shall have legal title to any land or structure, with or without accompanying actual possession thereof; or shall have charge, care or control of any land or structure as owner or agent of the owner; or as executor, administrator, conservator, 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 rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.
P
Park-And-Ride Lot - The temporary storage of automobiles on a daily basis for persons traveling together to and from work either through carpools, vanpools, buspools, or mass transit.
Park District - The Centerville-Washington Park District.
Parking Area, Off-Street - An off-street parking area is that portion of a parcel that is designated for the parking of vehicles. Off-street parking areas shall be so designed, maintained, and regulated in accordance to the provisions of this ordinance so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.
Parking Ratio - The relationship, fixed by code, between parking quantity, building use, and building size.
Parking Space, Off-Street - For the purposes of this Ordinance, an off-street parking space shall consist of a space 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.
Paved Surface - A hard, smooth surface made principally of bituminous asphalt, Portland cement concrete, paver brick or other similar surface that will bear travel. Loose and porous surfaces such as gravel, asphaltic gravel, chipseal, tar and gravel, dirt, grass, and other similar surfaces are prohibited. (Ord. 17-13)
Pedestrian-Friendly/Pedestrian-Oriented - Development which is designed with an emphasis primarily on the street sidewalk and on pedestrian access to the site and building, rather than on auto access and parking areas. The building is generally placed close to the street and the main entrance is oriented to the street sidewalk. There are generally windows or display cases along building façades which face the street. Typically, buildings cover a large portion of the site. When parking areas are provided, they are generally limited in size and they are not emphasized by the design of the site.
Permit - Written governmental permission issued by an authorized official, empowering the holder thereof to do act not forbidden by law, but not allowed without such authorization.
Permittee - Any person where approval of a site plan, according and pursuant to this chapter, is granted, a Certificate of Zoning Compliance was Issued or who is subject to inspection by this UDO.
Person - Includes any individual or group of individuals, corporation, partnership, association, or any other legal entity, including state and local governments and agencies. An agency is further defined in Ohio R.C. 111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court. (Ord. 3-22)
Personal Wireless Services - Commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services as defined by federal law at 47 U.S.C. §332(c)(7).
Pet Groomer - An indoor premise under 2,000 square feet where up to ten (10) dogs, cats, or domesticated animals over four (4) months of age where each animal is kept for several hours for the purposes of grooming. Any larger or longer operation, such as boarding, overnight operations, or day care shall be considered a Kennel under Article 11.02 of the UDO. (Ord. 20- 22)
Pharmacy - A business where drugs and medicines are prepared and dispensed.
Planned Development - A development by which either residential, office, commercial, or industrial uses are accommodated in a pre-planned environment that permits greater flexibility, and consequently, more creative and imaginative design than would be possible under conventional zoning regulations.
Planning Commission - The Planning Commission of the City of Centerville, Ohio.
Planning Jurisdiction - The geographic area over which the Planning Commission has, or from time to time shall have, jurisdiction for planning purposes.
Plans - Profiles, typical cross-sections, working drawings and supplemental drawings of site, grading, drainage and runoff and sedimentation control plans, vicinity maps, soil maps and other plans as approved, or exact reproductions thereof, which show the location, character, dimensions and details of the work.
Plant Nursery - The use of land buildings, or structures for the growth and production of plants and planting materials for sale.
Playhouse - A freestanding or tree-based structure specifically designed and constructed for the enjoyment of children. This definition shall also include a playhouse attached to a swing set. (Ord. 15-16)
Plaza - A public square or extra-wide sidewalk (e.g., as on a street corner) that allows for special events, outdoor seating, sidewalk sales and similar pedestrian activity.
Pollution - Man-induced alteration of the chemical, physical and biological integrity of air and water resources.
Preliminary Plat - A conceptual subdivision plan of a tract of land showing the general layout of streets and alleys, lots, blocks, grading, stormwater management, utilities and other elements of a subdivision consistent with the requirements of this UDO.
Premises - A lot and all the use(s) conducted thereon.
Primary Entrance - The entrance to a building that most pedestrians are expected to use. Generally, each building has one primary entrance. It is the widest entrance of those provided for use by pedestrians. In multi-tenant buildings, primary entrances open directly into the building's lobby or principal interior ground level circulation space. When a multi-tenant building does not have a lobby or common interior circulation space, each tenant's outside entrance is a primary entrance. In single-tenant buildings, primary entrances open directly into lobby, reception, or sales areas.
Printing Services - An establishment for the custom reproduction of written or graphic materials on a custom order basis for individuals or businesses. Typical processes include, but are not limited to, photocopying, blueprint, offset printing, and facsimile sending and receiving.
Protective Covenant - A restriction on the use of all private property within a subdivision, to be set forth on the plat for the benefit of all the lot owners.
Public Improvement - All sidewalks, storm sewers, alleys, whether public or private, and streets, whether public or private.
Public Library or Museum - A room or building for exhibiting, or an institution in charge of a collection of books; artistic, historical or scientific objects existing for the benefit and use of the public.
Public Parkland - A tract of land designated and used by the public for active or passive recreation.
Public Space - A legal open space on the premise, accessible to a public way, street, or parking lot, such as yard, courts, or open spaces permanently devoted to public use, which abuts the premises and is permanently maintained. (Ord. 20-22)
Public Waters - Those waters within lakes (except private ponds and lakes on single properties), rivers, streams or ditches and/or waters leaving property on which surface water originates.
R
Rear of Building - The rear of the principal building on the opposite facade from the public street that faces the rear lot line. (Ord. 20-22)
Record Plat or Record Plan - A final plan for the subdivision of a tract of land in accordance with the provisions of this UDO that conforms to the approved Preliminary Plat or Site Development Plan.
Recreational Vehicle - A vehicle which is:
1. Built on a single chassis,
2. Designed to be self-propelled or permanently towable by any self-propelled vehicle,
3. Designed primarily for recreational, camping, travel, or seasonal use and not for use as a permanent dwelling, and
4. Any vehicle commonly termed as a motor home, RV, fifth-wheel, travel trailer, camper, pop-up camper, boat, boat trailer, personal water craft and trailer, horse trailer, or any type of utility trailer.
Recycling Center - A building or area designed to be a collection point where only recyclable materials are sorted and/or temporarily stored prior to delivery to a processing facility for reuse. This facility can be temporary and/or mobile.
Registered Professional Architect - A person registered to engage in the practice of architecture pursuant to Ohio R.C. 4703.01 to 4703.19. (Ord. 3-22)
Registered Professional Engineer - A person registered as a professional engineer pursuant to Ohio R.C. Chapter 4733. (Ord. 3-22)
Registered Professional Landscape Architect - A person registered as a professional landscape architect under Ohio R.C. Chapter 4703.
Registered Professional Surveyor - A person registered as a professional surveyor pursuant to Ohio R.C. Chapter 4733. (Ord. 3-22)
Regularly Features or Regularly Shown - A consistent or substantial course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the ongoing business of the sexually oriented business.
Research and Development, Laboratories - An administrative, engineering, scientific research, design, or experimentation facility.
Research and Development, Office - A facility for the executive, administrative, and managerial needs related to the operation and/or functioning of a research and development facility.
Residence Family Home - A residence or facility that provides accommodations and supervision to three to five unrelated adults, at least three of whom require personal care services.
Residence Group Home - A residence or facility that provides accommodations and supervision to six to sixteen unrelated adults, at least three of whom require personal care services.
Residential Building - See: Dwelling Unit
Residential Cluster Development - The placement of more than 1 building envelope on a single lot or parcel of land for the purpose of constructing single-family residential dwelling units in either attached or detached construction arrangement, and where the property ownership outside the building envelopes is commonly held by all single-family dwellings on that lot or parcel land.
Restaurant - An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and divided into the following categories:
1. Class 1, Sit-down Restaurant:
a. Primarily oriented to the indoor dining customer;
b. Customer dines at a table, booth or counter;
c. Has a wait staff to assist customers to their table, take orders, serve food and beverages, provide customer bill and remuneration and clean-up of customer table;
d. Customer is provided menus, orders are taken, and food and beverages are served at the customer table, booth or counter;
e. Customer bill and remuneration are typically provided at the customer table, booth or counter at the end of dining;
f. There is no drive-up window or separate entrance for a carry-out service; and
g. May have an outdoor seating and/or dining area as an accessory use.
2. Class 2, Sit-down Restaurant:
a. Primarily oriented to the indoor dining customer;
b. Customer dines at a table, booth or counter;
c. Has a wait staff to take orders, serve food and beverages, provide customer bill and remuneration;
d. Food and drink orders may be placed at a counter;
e. Customer bill may be received and paid at a counter before food and/or beverage is served;
f. A self serve area may be provided for the customer to obtain napkins, straws, condiments and/or to refill drinks;
g. May have an outdoor seating and/or dining area as an accessory use;
h. May have a maximum of 1 walk-up window; and
i. May have a maximum of 1 drive-up window as an Accessory Use. (Ord. 15-16)
3. Class 3, Drive-thru, Sit-down Restaurant:
a. Oriented to both the indoor dining and drive-up customer with emphasis to the drive-up customer;
b. May have 1 or more drive-up windows as an Accessory Use; (Ord. 15-16)
c. Food and drink orders may be placed at a counter or by menu board;
d. The wait staff typically tells the customer the charge and the bill is paid at a counter or drive-up window before food and/or beverage is served;
e. A self service area is typically provided for the customer to obtain napkins, straws, condiments and/or to refill drinks; and
f. May have an outdoor seating and/or dining area as an accessory use.
4. Class 4, Drive-thru, Food Kiosk Restaurant:
a. There is little or no interior customer space or seating;
b. Orders are typically placed from a menu board from a vehicle or walk-up window;
c. May have 1 or more drive-up windows as an Accessory Use; and (Ord. 15-16)
d. Food is primarily consumed in a vehicle or outdoors.
Retail - A commercial enterprise that provides goods and/or services directly to the consumer, where such goods are available for immediate purchase and removal from the premises by the purchaser.
Retail with Industrial Character - A retail establishments that is industrial in nature because of the products kept for sale such as lumberyards, building supply, soil and fertilizers, and other similar uses.
Retention - The collection and storage of storm water runoff without subsequent discharge other than through infiltration into the ground or evapotranspiration.
Right-Of-Way - The strip of land, dedicated for public use, through which facilities such as roadways, sidewalks, electric power lines, sanitary sewer lines, stormwater drainage lines, natural gas lines, telephone lines, cable television lines and other infrastructure are placed.
Runoff - The portion of rainfall, melted snow or irrigation water that flows across the ground surface and eventually is returned to streams.
1. "Accelerated runoff" means the increased rate and volume of runoff due to less permeable surface or reduced time of concentration, primarily caused by urbanization.
2. "Peak rate of runoff" means the maximum rate of runoff for any 24 hour storm of a given frequency.
S
School - A public or parochial primary or grade school, middle school, or senior high school as those terms are ordinarily used and shall not include a vocational or trade school or any institution other than one for children whose attendance is required by the laws of the state.
School, College - An institution of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services.
Scientific Research Facility - An administrative, engineering, scientific research, design or experimentation facility.
Screening - A physical barrier of living or non-living material that separates and/or obscures vision from a higher intensity land use to a residential use.
Seasonal Sale of Farm Produce - The seasonal offering for sale of fresh agricultural products directly to the consumer at an open market, roadside stand, or other pre-designated area, where the vendors are generally individuals who have raised the product for retail sale.
Sediment - Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth's surface either above or below water.
Sediment Basin - A facility, such as a barrier, dam or other suitable detention facility, built across an area of water flow to settle and retain sediment carried by surface drainage runoff water.
Sediment Pollution - The failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of waters by soil sediment in conjunction with land grading, excavating, filling or other soil-disturbing activities.
Self-Storage Facility - A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-service storage of personal property. (09-21)
Semi-nude or In a Semi-nude Condition - The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel, provided the areola is not exposed in whole or in part.
Semi-Nude Model Studio - A commercial establishment which regularly features a person (or persons) who appears semi-nude and is provided to be observed, sketched, drawn, painted, sculptured, or photographed by other persons who pay money or any form of consideration, but 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 which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation.
Senior Citizen Residential Community - A development established as a residence for senior citizens, which may impose a minimum age requirement for 1 or more occupants of a unit.
Setback - The required minimum distance from a public right-of-way line or any other lot line that establishes the area within which the buildings, structures, parking areas or other physical features of a parcel as stated by this Ordinance must be erected or placed.
Sexual Encounter Center - A business or commercial establishment that as one of its principal business purposes offers for any form of consideration, a place where 2 or more persons may congregate, associate, or consort for the purpose of "specified sexual activities." The definition of sexual encounter center or any sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
Sexually Oriented Business - An adult arcade, adult bookstore, adult novelty store, adult video score, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, semi-nude model studio, or sexual encounter center.
Sexually Oriented Business, Operate or Cause to Be Operated - To cause to function or to put or keep in a state of doing business. Operator means any person on the premises of a sexually oriented business who is authorized to exercise operational control of the business, or who causes to function or who puts or keeps in operation, the business. A person may be found to be operating or causing to be operated a sexually oriented business regardless of whether that person is an owner, part owner, or licensee of the business.
Sexually Oriented Business, Substantial Enlargement - The increase in floor areas occupied by the business by more than 25 percent as the floor areas exist on the date this Ordinance takes effect.
Shadow Plat or Shadow Plan - A re-division plan when a property or portion of a property could be developed at a higher density.
Shopping Center - A group of stores planned and designed for the site on which it is built, functioning as a unit, with off-street parking provided on-site.
Sidewalk Sale - A promotional sale, conducted by the proprietor, outside the confines of the commercial structure in which such business is normally conducted where items for sale are those typically sold as a part the business conducting the sale and which occurs on the sidewalk or other structure along the front or side of the establishment.
Sign - Any visual communication device utilizing a letter, a word, a number, a symbol, a picture, an object, color, illumination, or motion, the major function of such device being to convey visual information to or attract the visual attention of a person within a public right-of-way and/or not on the premises on which the visual communication device is located. The term "sign" shall specifically include the following:
1. Any localized background which is a part of or is placed in conjunction with a sign for the purpose of improving the visibility of the sign;
2. Any material whose major function is providing structural support for a sign; and,
3. Any artificial illumination device whose major function is to provide illumination of the visual information conveyed by a sign.
The following are types of signs:
1. Ground Sign - A sign not attached to a building;
2. Projecting Sign - A sign supported by a building wall or column and extending a distance exceeding 12 inches from the wall; and
3. Wall Sign - A sign which is located on or formed by the surface of the wall of a building. A mansard roof facade on a building shall be considered part of the wall.
Sign, Changeable Copy - A sign or portion of a sign where the message is able to be changed by electrical, mechanical, magnetism, or any other means.
Sign, Daily Display - An A-frame or similar style, pedestrian-oriented sign placed in close proximity to the main entrance of a business and displayed solely during business hours. (Ord.18-16)
Sign, Electronic Message Center - A sign or a portion of a sign that utilizes light emitting technologies including, but not limited to, television screens, plasma screens, digital screens, holographic displays, and LED (light emitting diode) technology on any portion of a sign face to display a message except as prohibited in the Prohibited Signs and Sign Characteristics, Section 9.51, C, of this UDO.
Sign, Permanent - A sign permitted by this Ordinance to be located on a premises for an unlimited period of time.
Sign, Temporary - A sign permitted by this Ordinance to be located on a premises for a limited period of time.
Sign, Vehicle Mounted - A sign attached to or placed on a vehicle, including automobiles, trucks, boats, campers, and trailers which is parked on or otherwise utilizing a public right-of-way, public property or on private property in a manner to convey visible information to or attract the visual attention of a person in a public right-of-way for the basic purposes of providing advertisement for products or services or directing people to a business or activity. Vehicle Mounted Signs shall not mean the following:
1. Any vehicle displaying an advertisement or business notice of its owner, so long as the advertising devices are attached to and within the normal unaltered lines of the vehicle and the vehicle is engaged in the usual business or regular work of the owner, and not merely, mainly, or primarily used to display advertising;
2. Busses or other forms of public transportation;
3. Taxicabs.
Sign Area - The total area in square feet of all the visible information-conveying surface area(s) of a sign including all localized background(s), but excluding all material(s) not conveying significant visual information and whose major function is providing structural support for the sign. Sign surface area shall be measured by calculating the surface area of a simple square, rectangle, or circle which approximates the size and shape of the sign surface area. The area of individual elements of a sign placed against a non-localized background (such as letters placed against a wall or window) shall be measured by calculating the area of the smallest single square, rectangle, or circle which would completely enclose all elements of the sign. Minor protrusions which account for five percent or less of the total sign area as measured herein shall not be included in the calculated sign area. See Figure 11.3 below. (Ord.18- 16)
Sign Face - The largest portion, in square feet, of a sign's area that is visible; measured at the location where the largest amount of the sign's area can be viewed by the eye at one point in time.
Sign Height - The maximum vertical height in feet that the highest part of a ground sign extends above the surface of the ground underneath the sign. Any material whose major function is providing structural support for the sign shall be considered part of the sign.
Site - Any lot or parcel of land or a series of lots or parcels of land adjoining or contiguous or joined together under 1 ownership where development or re-development clearing, stripping, grading or excavating is performed.
Site Plan - A site or development plan shall refer to a set of to-scale drawings and associated text containing the following elements of information regarding the proposed and/or existing use(s) for a premises:
1. Use - A statement of the general nature of the proposed and/or existing use(s) on a premises.
2. Structures - The location, size, and height of all structures on the property (including buildings, signs, walls, fences, waste collection facilities, and works of art).
3. Setbacks and Yards - The location, size, and dimensions of all yards, setbacks, and spaces between structures.
4. Architectural Elevations - The exterior architectural elevations of all structures proposed and/or existing on the site showing the general design, architectural features, color, and building materials. The architectural elevations of structures immediately adjacent to the applicant's property may be required.
5. Paving - The location, dimensions and method of improvement of all driveways, parking areas, walkways, and other means of access, ingress, and egress.
6. Parking and Loading - The location, dimensions, and layout of all areas to be used for parking or loading.
7. Screening - The location, height, and materials for all required screening.
8. Lighting - The location, design, intensity, color, and beam spread of all exterior lighting.
9. Signs - The location, size, and architectural elevations of all signs.
10. Storm Water Drainage - The design of the storm water drainage system for the property.
11. Other Relevant Information - Any additional relevant information requested by the City.
Slope - The rate at which the elevation of the ground changes, expressed as the angle the ground makes with the plane of the horizon. Slopes are usually expressed in a percentage based upon vertical difference in feet per 100 feet of horizontal distance.
Sloughing - A downward movement of an extended layer of soil over a slope that frequently results from the undermining action of surface water runoff or the earth-disturbing activities of man.
Soil - All earth material of whatever origin that overlies bedrock, and may include the decomposed zone of bedrock which can be readily excavated by mechanical equipment.
Soil Loss - Soil moved from a given site by the forces of erosion and re-deposited at another location.
Solar Energy Device - A solar photovoltaic panel, solar thermal panel, tubing or any similar device that relies on solar radiation as an energy source for the generation of electricity or the transfer of stored heat.
Solar Energy Device, Freestanding - A solar energy device that is permanently affixed or otherwise situated on a premises other than a roof mounted or wall mounted solar energy device.
Solar Energy Device, Roof Mounted - A solar energy device permanently affixed to the roof of a principal or accessory building.
Solar Energy Device, Wall Mounted - A solar energy device permanently affixed to the wall of a principal or accessory building.
Solar Energy System - Any solar energy device and all associated appurtenances for the purposes of heating and cooling or generating electricity for a primary or accessory structure.
Solar Power Plant or Solar Farm - 1. A solar photovoltaic power station including solar panel array and all associated buildings and appurtenances for the purpose of generating electricity for commercial sale and distribution; 2. A solar energy system where the primary purpose is to generate electricity for sale and distribution.
Solar Shingle - A type of solar photovoltaic energy device emulating the dimensional size of roof shingles.
Special Flood Hazard Area or Areas of Special Flood Hazard - The land in the floodplain subject to a 1 percent or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AK AO, A1-30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal, state or local sources of data including but not limited to, historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.
Specified Anatomical Areas - Any of the following:
1. The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
2. Less than completely and opaquely covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.
Specified Criminal Activity - Any of the following offenses:
1. Prostitution or promotion of prostitution; dissemination of obscenity; sale, distribution, or display of harmful material to a minor; sexual performance by a child; possession or distribution of child pornography; public lewdness; indecent exposure; indecency with a child; engaging in organized criminal activity relating to a sexually-oriented business; sexual assault; molestation of a child; distribution of a controlled substance; or any similar offenses to those described above under the criminal or penal code of other states or countries for which:
a. Less than 2 years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense;
b. Less than 5 years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense; or,
c. Less than 5 years have elapsed since the date of the last conviction or the date of release from confinement for the last conviction, whichever is the later date, if the convictions are of 2 or more misdemeanor offenses or a combination of misdemeanor offenses occurring within any 24 month period.
2. The fact that a conviction is being appealed shall have no effect on the disqualification of the applicant or a person residing with the applicant.
Specified Sexual Activities - means any of the following:
1. The fondling of another person's genitals, pubic region, anus, or female breasts;
2. Sex acts, nominal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
3. Excretory functions as part of, or in connection with, any of the activities set forth in 1. through 2. above.
Sports Stadium - A building or structure with tiers of seats rising around a field or court, intended to be used primarily for the viewing of athletic events or other recreational events.
Stable, Commercial - A building or land where a horse, a pony, a mule, a donkey, or other riding animal is kept for remuneration, hire, sale, boarding, riding, or show.
Stable, Private - Any building, incidental to an existing residential principal use, that shelters a horse, a pony, a mule, a donkey, or other riding animal used for the exclusive use of the occupants of the premises.
Stacking - The area of a parking lot used for the temporary storage of vehicles at ingress and egress points of a premises or drive-thru aisles for uses such as drive-thru banking, fast food restaurants, and convenience stores.
Staff - An employee of the City of Centerville designated by the City Manager to perform certain functions designated within this ordinance.
Start of Construction - The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one (1) year of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building. (Ord. 4-18)
Steep Slope - A slope over 15 percent grade, which is characterized by increased runoff, erosion and sediment hazards.
Storage - A space or place where goods, materials, or personal property is placed and kept for more than 24 consecutive hours.
Storage Unit, Portable - A portable storage unit is any container, storage unit, shed-like container or other portable structure that is temporarily placed on a premise for the storage of personal property of any kind.
Storefront Character - The character expressed by buildings placed close to the street with ground-floor display windows, weather protection (e.g., awnings or canopies), corner building entrances or recessed entries and similar features.
Storm Return Interval - The probability of recurrence of a storm within a specified time period given specific rainfall intensity.
Story - That portion of a building included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling above it. Basements shall not be considered a story.
Story, Half - A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least 40 percent of the total floor area of the story directly beneath.
Stream - A body of water running or flowing on the earth's surface or a channel in which such flow occurs. Flow is continuous or seasonally intermittent.
Street - A right of way or thoroughfare other than an alley having a right-of-way width of not less than 50 feet, dedicated or otherwise legally established to public use. Where so designated on a plat, the term "street" may also mean a private street.
Street, Collector or Feeder - A street that carries traffic from local streets to a system of major streets and thoroughfares.
Street Furnishing Zone - An area along a wide sidewalk that allows for the placement of benches, lighting, bicycle racks, drinking fountains, mail boxes, kiosks and similar pedestrian amenities located within a street right-of-way.
Streetscape - The portion of the right-of-way that is between the lot line and the edge of the vehicular lanes. The principal streetscape components are curbs, sidewalks, planters, street trees and street lights.
Strip Mall/Strip Commercial - A pattern of development wherein commercial development is strung, in a linear fashion, along an arterial thoroughfare.
Stripping of Soil - Any activity which removes or significantly disturbs the vegetative surface cover.
Structure - A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water including, but not limited to, buildings, manufactured home, gas or liquid storage tanks, walls, fences, and ground signs. (Ord. 3-22)
Structure, Open-Sided - A free-standing, unheated structure unenclosed except for a structural system supporting a roof, and screen panels which may be used to enclose the open spaces between structural elements.
Structured Parking - A covered structure or portion of a covered structure that provides parking areas for motor vehicles. It includes parking on top of a structure where there is gross building area below the parking, but nothing above it. The structure can be the primary structure for a Commercial Parking facility or be accessory to multi-dwelling residential, commercial, employment, industrial, institutional, or other structures.
Subdivider - Any person, partnership, association, corporation or other entity that creates or proposes to create a subdivision (as defined in this section), all or a portion of which will be located within the planning jurisdiction.
Subdivision - Any of the following:
1. The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into 2 or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than 5 acres, not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be excepted; or,
2. The improvement of 1 or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for the common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
Subsoil - That part of the soil below the surface soil or plow layer.
Substantial Damage - Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition either equals or exceeds 50 percent of the market value of the structure before the damage occurred. (Ord. 3-22)
Substantial Improvement - Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage," regardless of the actual repair work performed. The term does not, however, include:
1. Any improvement to a structure which is considered "new construction";
2. Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or
3. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure."
Surface Soil - The uppermost part (5 to 8 inches) of the soil commonly stirred by tillage implements, or its equivalent in uncultivated soils.
Swale - A mildly sloped channel or ditch with side slopes less than 4 to 1 which gathers and carries surface water runoff at a reduced rate of flow and conveys it downstream at less erosive velocities.
Swarm (Bees) - A population of bees that is not permanently established.
Swimming Pool - Any swimming pool or hot tub constructed for recreation purposes either above or below grade and is larger than 150 square feet and more than 24 inches in depth. (Ord. 16-20)
T
Technically Suitable - The location of a Wireless Telecommunication Antenna(e) reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the Antenna(e) has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss or lack of communication capability within developed areas of the City.
Telecommunication(s) - The technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or magnetic systems and includes the term "Personal Wireless Services."
Temporary Buildings for Construction - A temporary unit for office, storage, or some other construction related use that is designed to be transported, after construction is complete, on its own wheels or on a flatbed or other trailer.
Temporary Vegetation - Short term vegetative cover used to stabilize the soil surface until final grading and installation of permanent vegetation (i.e. oats, rye or wheat).
Theater - An establishment used for dramatic, operatic, motion pictures, or other performance, for admission.
Thoroughfare - A street or highway of considerable continuity as indicated on the Official Thoroughfare Plan.
Topsoil - Surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.
Toxic Material - A solid, liquid or gas which can be injurious to the public safety as defined in U.S. Government Regulations.
Trailer - A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods or objects, or as a temporary office.
Transfer of Ownership or Control of a Sexually Oriented Business - Means and includes any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or,
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
Transportation Mode - The method of transportation (e.g., automobile, bus, walking, bicycling, etc.)
Tree - A large woody perennial plant with one or more main trunks and many branches. A tree with any trunk which has a diameter of 2 or more inches when measured at a height of 3 feet above the average grade level within a three-foot radius of the main trunk shall be protected by these Regulations.
Tree, Canopy - Any self supporting woody plant of a species that normally ranges in size of either medium or large at maturity. This type of tree is commonly referred to as a shade tree.
Tree, Understory - A flowering or ornamental tree which has a small to medium size at maturity.
Trellis - An architectural structure, usually made from an open framework or lattice of interwoven or intersecting pieces of wood, bamboo or metal. A patio for seating is often underneath the trellis. (Ord. 20-22)
Truck Terminal - Any premises used by a motor freight company, which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.
U
Unified Development Ordinance - The combining of development regulations and procedures, including zoning and subdivision regulations, sign and floodplain regulations, administrative and hearing procedures, etc. into one unified code as in the City of Centerville Unified Development Ordinance.
Uptown Parking District - A shared Uptown Parking District that provides additional public parking, reduce traffic congestion, improve pedestrian walkability, and general improvements for the mutual benefit of the City and the Property Owner. (Ord. 20-22)
Use - The specific purpose(s) for which land or a building is designated, arranged, intended, or for which it may be occupied or maintained.
Use, Accessory - See: Accessory Use or Structure.
Use, Permitted - Any use allowed in a zoning district and subject to the restrictions applicable to that zoning district.
Use, Principal - The primary and predominant use of any lot.
Use, Temporary - A short term or seasonal use which may be associated with a construction project or intended to promote or sell specific merchandise or products and shall include, but not limited to special events, outdoor displays, outdoor seasonal sales, temporary construction facilities, residential model home and temporary sales offices.
Utility - Any closely regulated agency, which, under public franchise or ownership, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection, or other similar service.
Utility Company - Any organization, person, firm, corporation or cooperative furnishing electrical energy, communication or television signal services to the City and its inhabitants.
Utility Distribution Facility - All lines, equipment and appurtenances, above or below ground, in streets, alleys, utility easements, rights of way and properties within the City, used in supplying electrical energy, communication or television signal services.
Utility Easement - Those parcels, strips, areas or other portions of land available for installation, maintenance, repair or operation of utility distribution facilities.
V
Variance - A grant of permission by the City that authorizes the recipient to do that which, according to the strict letter of this Ordinance, he could not otherwise legally do.
Vehicle - A device for carrying passengers, goods or equipment. A vehicle shall specifically include, but shall not be limited to, all self-propelled, non-self-propelled, or towable land, water, air, or space craft or vehicle and any attachment thereto.
Vehicle Sales - The use of any building or portion thereof, or other premises or portion thereof, for the display, sale, rental of new or used motor vehicles, and where body work or repair is incidental to the operation of the new or used vehicle sales.
Vehicle Inventory Lot - A parking area associated with a commercial vehicle dealership that is used solely for the storage vehicles that are inventory for the dealership and is clearly separate from any customer parking area. Such parking area may have parking spaces and drive aisles smaller than otherwise required and the parking and maneuvering of vehicles within the vehicle inventory lot is performed by employees of the dealership.
Vehicle, Commercial - Any vehicle licensed by the State of Ohio as a commercial vehicle or used for a commercial purpose.
Vehicle, Recreational - See: Recreational Vehicles
Veterinary Office - An establishment that provides medical care, treatment, and observation of domestic animals.
Vias - A pedestrian area between buildings for pedestrians, public spaces, or gathering for business, creating pedestrian connections or general use that have inviting features or designs welcoming the pedestrian or visitor. (Ord. 20-22)
Violation - The failure of a structure or other development to be fully compliant with these regulations. (Ord. 3-22)
W
Wall - Any structure or device forming a physical barrier that is constructed so that the vertical surface is closed, thus preventing the passage of light, air, and vision in a horizontal plane. The material of which a wall is constructed may be masonry, brick, concrete, metal, wood, or other similar materials.
Warehouse - A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that presents hazards or conditions commonly recognized as offensive. (09-21)
Watercourse - Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, drainageways, waterways, gullies, ravines or washes) in which waters flow in a definite direction or course, either continuously or intermittently, and includes any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
Wet Detention - The capture and subsequent slow release of storm water runoff. The capture facility has a permanent pool of water in the facility.
Wholesale Plant Nursery - The use of land buildings, or structures for the growth and production of plant materials for wholesale.
Wholesale Sales - An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers.
Wholesaling and Distribution - An establishment or place of business primarily engaged in selling and / or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers. (09-21)
Wind Energy Conversion System - A device consisting of a wind turbine which may be mounted on a tower or structure and associated control or conversion electronics which is intended primarily to reduce on-site consumption of utility power. (Ord. 14-11)
Wind Energy Conversion System, Large - A wind energy conversion system producing ten (10) kilowatts or more. (Ord. 14-11)
Wind Energy Device, Small - A wind energy device that produces less than ten (10) kilowatts. (Ord. 14-11)
Wind Power Plant or Wind Farm - 1. A wind turbine power station and all associated buildings and appurtenances for the purpose of generating electricity for commercial sales and distribution. 2. A wind energy conversion system where the primary purpose is to generate electricity for sale or distribution. (Ord. 14-11)
Wireless Telecommunication Antenna or Antenna - The physical device through which electromagnetic, wireless telecommunication signals authorized by the FCC are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
Wireless Telecommunication Equipment Shelter or Equipment Shelter - The structure or cabinet in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
Wireless Telecommunication Facility or Facility - A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of Personal Wireless Services. This can include the antenna, tower or support structure, equipment and equipment building and any other materials used at the site.
Wireless Telecommunication Tower or Tower - Any structure, other than a building, that elevates the Wireless Telecommunication Antenna and may include accessory transmission and receiving equipment.
Works of Art - Any visual work of art, on public or private property within the city neighborhood environs including residential, business, apartment and condominium complexes parks, multi-use structures, and similar facilities. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass, or ceramics. Media may include but not be limited to steel, bronze, wood, plastic, stone, or concrete. (Ord. 20-22)
Y
Yard - An open space that lies between the principal or accessory building or buildings and the nearest lot line. Such yard is unoccupied and obstructed from the ground upward except as may be specifically provided in the Zoning Ordinance. See Figure 11.4.
Yard, Front - A space extending the full width of the lot between any building and the front lot line, and measured parallel to the front lot line. Such front yard is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this Ordinance. A corner lot or a through lot shall be required to have a front yard on each street abutting the lot. See Figure11.3.
Yard, Rear - A space extending across the full width of the lot between the principal building and the rear lot line, measured perpendicular to the rear lot line from the closest point of the building to the rear lot line. Such rear yard is unoccupied and unobstructed from the ground upward except as may be provided elsewhere in this Ordinance. A rear yard for a corner lot shall be the area of a lot that is farthest from the street intersection whose limits are established by the extension of building line of the principal building to the side lot lines. See Figure 11.4.
Yard, Required - The open space betwee n a lot line and the buildab le area within which no structure shall be located except as provided in this Ordinance.
Yard, Side - A space extending from the front yard to the rear yard between the principal building and the rear lot line, and measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from the ground upward except as may be provided elsewhere in this Ordinance. See Figure 11.4.
Yard Depth - The shortest distance between a lot line and a yard line. See Figure 11.4.
Yard Line - A line drawn parallel to a lot line at a distance there from equal to the depth of the required yard. See Figure 11.4.
Z
Zoning Compliance, Certificate of - A document issued by the City of Centerville stating that a development is in compliance with all conditions, requirements, and provisions of the UDO.
Zoning Inspector - Employee(s) of the City of Centerville, Ohio empowered by the City Manager to administer, enforce, and interpret the provisions, regulations, and requirements of the UDO.
Zoning Permit - A document signed by the Zoning Inspector, as required by this 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, which complies with the provisions of the UDO or authorized variance there from.
Zoo - An area, building, or structures, which contain wild animals on exhibition for viewing by the public.
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