For the purpose of this Ordinance, certain terms are herein defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory; the word "used" shall include the words "arranged,"
"designed," "constructed," "altered," "converted" or "intended to be used," and a "person" shall
mean, in addition to any individual, a firm, corporation, association, or any legal entity which may
own and/or use land or Buildings.
ACCESSORY STRUCTURE OR USE - A use or structure, not including those less than 100 square feet, subordinate to the principal use of a building on the lot or tract and serving a purpose
customarily incidental to the use of the principal building. Accessory structures are located on the
same lot as the primary structure and are not designed for human occupancy as a dwelling or commercial use. Examples of accessory structures are detached private garages, storage or garden
sheds, pool houses, metal storage buildings, and other similar type buildings. This definition does
not include patios, uncovered porches, and decks that are less than three and one half (3 ½) feet
above the average finished Grade.
ADULT BOOKSTORE - A commercial establishment where at least fifty-one percent (51%) of
its interior floor area or retail merchandise is devoted to the sale, rent, lease, inspection, or viewing of books, films, video cassettes, DVDs, magazines, other periodicals or digital presentations whose dominant theme is the actual or simulated Specified Sexual Activities, display or exhibition of specified anatomical areas, removal of articles of clothing, or total nudity.
ADULT BUSINESS - Any adult bookstore, adult cabaret, adult mini-theater, or adult motion
picture theater.
ADULT CABARET - A restaurant, coffee house, bar or cabaret which features topless dancers,
strippers, male or female impersonators, or similar entertainers who provide live adult entertainment for commercial purposes.
ADULT CARE FACILITY - Any residence, facility, institution, hotel, congregate housing project, or similar facility that provides accommodations and supervision to three to sixteen unrelated adults, at least three of whom are provided personal care services, is an adult care facility regardless of how the facility holds itself out to the public.
ADULT ENTERTAINMENT- Any motion picture, live performance, display, or dance of any
type whose dominant theme is actual or simulated Specified Sexual Activities, display or exhibition of anatomical areas, removal of articles of clothing, or total nudity, offered for commercial purposes.
ADULT FAMILY HOME - A residence or facility that provides accommodations to three (3) to five (5) unrelated adults and provides supervision and personal care services to at least three
(3) of those adults.
ADULT GROUP HOME - A residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and provides supervision and personal care services to at least three
of the unrelated adults.
ADULT MINI-THEATER - An enclosed building with a capacity of less than fifty (50) persons
used for displaying adult entertainment through films, video, or other motion pictures for commercial purposes.
ADULT MOTION PICTURE THEATRE - An enclosed building with a capacity of fifty (50)
or more persons used for displaying adult entertainment through films, video, or other motion
pictures for commercial purposes.
ADVANCED MANUFACTURING - A use that involves computer technology, robotics, or other innovation to improve a product or process.
AGRICULTURE - The use of land for growing crops in the open, dairying, pasturage, horticulture, floriculture and necessary accessory uses, including structures necessary for carrying
out farming operations and the residence of the person who owns or operates the farm and family
thereof, provided such agricultural use shall not include:
(a) Maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning Districts in which such uses are expressly permitted.
(b) Wholesale or retail sales as an accessory use, unless specifically permitted in a specific zoning District.
(c) Feeding garbage to animals, raising poultry or fur-bearing animals as a principal use, or operation or maintenance of a commercial stockyard or feed yard.
(d) Feeding, grazing or sheltering of animals or poultry in pens or confined areas.
ALLEY - A secondary access way that is a public right-of-way dedicated to public use for travel
or transportation and affording vehicular access to abutting property.
ALTERATION (in Historic District) - Any action to change, modify, reconstruct, remove or demolish any exterior features of an existing structure or site within a Historic District.
ANIMAL SERVICES FACILITIES - any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment, or prevention of animal diseases, and where the animals
are not boarded or kept overnight except as necessary in the medical treatment of the animal. Animal care facilities may also include animal grooming establishments.
APPEAL - A request by an aggrieved party for a review of any adverse decision by a City official, council, board or commission.
ARCHEOLOGY - means the scientific study of material remains (such as tools, pottery, jewelry, stone walls, and monuments) of past human life and activities.
AREA OF SPECIAL FLOOD HAZARD- the land in the Flood plain adopted by the City, including that identified by the Federal Emergency Management Agency (FEMA), which is subject to a one percent (1%) or greater chance of Flooding in any given year.
AUTOMOBILE-ORIENTED USES - a use where a service is rendered or a sales transaction is made while the patron is typically not required to exit his/her vehicle, or a facility that includes services rendered directly on, to, or for vehicles. Auto-oriented commercial facilities include, but are not limited to drive-thru restaurants, drive-in restaurants, automated teller machines (ATMs), drive-thru banks, drive-in movie theaters, car washes (all types), gas stations (including convenience market), facilities specializing in oil changes, car repair, other similar auto service facilities, and stand-alone parking lots. The sale of vehicles (new and used) in addition to any facility that provides a fixed parcel pickup location is not included within this definition.
AUTOMOBILE OIL CHANGING FACILITY - A facility where oil is removed from a vehicle and new oil is placed into the vehicle without any repair services to the vehicle being provided.
AWNING - A hood or cover that projects from the wall of a Building and which can be retracted, folded or collapsed against the face of the supporting Building.
BASE FLOOD - the Flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base Flood may also be referred to as the 100-year Flood.
BASEMENT - The portion of a building where the floor is not less than two (2) feet below and the ceiling is not more than four (4) feet, six (6) inches above the average Grade.
BEVERAGE SALES, ALCOHOLIC - A facility that is primarily devoted to the serving of alcoholic beverages. Food can be served but is incidental to the sale of beverages.
BEVERAGE SALES, MICROBREWERY - A limited production brewery, typically producing specialty beers and selling them on-site or for local distribution.
BUILDING - A combination of materials to form a construction that is safe and stable and adapted to permanent or continuous occupancy for public, institutional, residential, business, or industrial purposes.
BUILDING LINE - A line parallel to the right-of-way line and at a distance there from equal to
the required depth of the front setback (as determined by the applicable zoning district), and extending across the full width of the lot.
BUSINESS - Any profit-making activity which renders services primarily to other commercial, institutional, or industrial enterprises, or which services and repairs appliances and machines used
in other businesses.
BUSINESS, RETAIL - a Use primarily engaged in the selling of merchandise including but not limited to clothes, food, furniture, guns, household goods, gifts, specialty items, and other similar goods, and the rendering of services that is incidental to the sale of the goods.
BUSINESS, SMALL RETAIL - a Retail or Wholesale business that is less than five thousand (5,000) square feet in area and typically services nearby neighborhoods.
BUSINESS, MEDIUM RETAIL - a Retail or Wholesale business that is at least five thousand (5,000) square feet in area, but less than twenty (20,000) square feet in area.
BUSINESS, LARGE RETAIL- a Retail or Wholesale business that is twenty thousand (20,000) square feet or larger.
CEMETERY - Land used for or intended to be used for the burial of human or animal remains
and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries, if operated in connection with and within the boundaries of the cemetery.
CERTIFICATE OF ZONING COMPLIANCE - A certificate issued by the Zoning Administrator confirming that the requirements of this Ordinance have been met and the building can be occupied.
CO-LOCATION - The use of a telecommunication tower by more than one (1) telecommunications provider.
COMMENCEMENT OF WORK - The time at which physical improvements begin to be made
to a property or structure so that it may be utilized for its intended purpose stated in the zoning permit.
COMMERCIAL RECREATIONAL FACILITY, LARGE - a facility that is full enclosed by four solid walls and a roof for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades. Large Commercial Recreational Facilities are greater than 5,000 square feet.
COMMERCIAL RECREATIONAL FACILITY, SMALL- a facility that is fully enclosed by four solid walls and a roof for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades. Small Commercial Recreational Facilities are smaller than 5,000 square feet.
COMMERCIAL RECREATIONAL FACILITY, OUTSIDE- a facility that is not fully enclosed by four solid walls for the provision of athletic and amusement facilities involving the active participation of the user - public in a sports related activity and includes but is not limited to fields for soccer fields, football, baseball, lacrosse or other related sports, racquet courts, billiards, bowling alleys, ax throwing, miniature golf courses and arcades.
COMMUNITY FACILITIES - A public safety facility that includes detention centers, jails and prisons.
CONDITIONAL USE - A desirable use within a zoning district that may more intensely affect
the surrounding area than would a permitted use in said district. Such uses may require supplementary conditions and safeguards to ensure they blend with the surrounding area.
CONTRACTOR OFFICE - facility or area for the storage of materials, equipment, and commercial vehicles utilized by building and construction contractors, craftsmen and tradesmen,
and may include accessory offices related to such activities.
DAY CARE CENTERS - Any place in which child day care or publicly funded child day care is provided for thirteen (13) or more children at one time or any place that is not the permanent residence of the licensee or administrator. In counting children for purposes of this code, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted.
DAY-CARE HOME, FAMILY LARGE - a permanent residence of the administrator in which
childcare or publicly funded childcare is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator in which childcare is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this division, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. "Type A Family Day-Care Home" and "Type A home" do not include any child day camp (ORC Section 5104.01(RR)). This definition does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. This definition shall not be construed to include child day camps.
DAY-CARE HOME, FAMILY SMALL - a permanent residence of the provider in which child
care is provided for one (1) to six (6) children at one time and in which no more than three (3) children under two (2) years of age at one time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the Type B home shall be counted. "Type B Family Day-Care Home" and "Type B home" do not include any child day camp (ORC Section 5104.01(SS)). This definition does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is home of the siblings. This definition shall not be construed to include child day camps.
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 excavation or drilling operations or storage of equipment or materials located within the area of special Flood hazard.
DISTRICT - Any section of the city in which the zoning regulations are uniform.
DRIVEWAY (ACCESS POINT) - A private drive giving access from a public way to a detached
single family dwelling on abutting ground or to a group of multifamily, commercial, or industrial
Buildings, which is not dedicated to the city and for the maintenance of which the city shall not
be responsible.
DWELLING UNIT - Any Building or portion thereof with one or more rooms and a single kitchen which is designed or used for residential purposes of one family, but not including a cabin, hotel, motel, rooming house, or other such accommodation used for transient occupancy.
DWELLING, MULTI-UNIT- A Building designed or used as a residence with three (3) or more independent residences.
DWELLING, SINGLE UNIT- A Building designed for or used exclusively for residence purposes by one family situated on a parcel having a Front, Side, and Rear Yard.
DWELLING, TWO UNIT - A building designed for or used exclusively for two (2) families living independently where each dwelling shares one common wall and the remaining sides of the building are surrounded by open areas or street lines.
ENCROACHMENT - the intrusion on another person's property or public right-of-way, intentional or unintentional.
ENVIRONMENTAL CHANGE - means the construction, alteration, demolition or removal of any property subject to the provisions of the Historic Overlay District.
EQUIPMENT REPAIR, LARGE - A facility that is fully enclosed by four (4) solid walls and a roof that is used for the repair of contactor's equipment, heavy machinery, repair equipment, motor vehicles or trucks.
EQUIPMENT REPAIR, SMALL - A facility that is fully enclosed by four (4) solid walls and a roof that is used to repair small tools and equipment such as lawn mowers, small tractors, and other small equipment.
FAÇADE - the face of a building, especially the principal front that looks onto a street or open
space.
FEATHERED FLAG - a vertical, portable and temporary sign that contains a harpoon style pole or staff driven into the ground for support or supported by means of an individual stand.
FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) - the agency with the overall responsibility for administering the National Flood Insurance Program.
FENCE - Any structure composed of wood, metal, stone, plastic or other natural or permanent
material erected in such a manner and positioned as to enclose or partially enclose any portion of
a lot.
FENCE, PICKET - A partially open fence made of upright poles or slats where the space between the poles/slats is greater than the width of the poles/slats.
FENCE, WROUGHT IRON - A fence constructed of metal, including aluminum, iron or steel,
pipe, tubes or bar stock and having some type of decorative features or design. Wrought iron fences shall not have pointed ends exposed but may have finials with blunt ends.
FLEX-OFFICE LABORATORIES - a space for a combination of office and laboratory uses that has build out capabilities to meet individual needs.
FLEX-OFFICE WAREHOUSES - a space for a combination of office and warehouse uses that has built out capabilities to meet individual needs.
FLEX-RETAIL WAREHOUSES - a space with store fronts with small rear warehousing that has build out capabilities to meet individual needs.
FLOOD OR FLOODING - means a general and temporary condition of partial or complete inundation of normally dry land areas from:
(b) The overflow of inland or tidal waters; and/or
(a) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOODWAY FRINGE - The portion of the regulatory floodplain outside the floodway.
FLOOD INSURANCE -RATE MAP (FIRM) - an official map on which the Federal Emergency Management Agency has delineated both the areas of special Flood hazards and the risk premium zones applicable to the City.
FLOOD INSURANCE STUDY (FIS) - the official report provided by the Federal Emergency
Management Agency that includes Flood profiles, Floodway boundaries, and the water surface
elevation of the base Flood.
FLOOD PROTECTION ELEVATION - the elevation not less than one- and one-half feet above the base Flood elevation to which uses regulated by the Special Flood Hazard Regulations are required to be elevated or Flood proofed to compensate for the many unknown factors that could contribute to Flood elevations greater than that calculated for a base Flood. In areas where no base Flood elevations exist from any authoritative source, the Flood protection elevation can be historical Flood elevations, of base Flood elevations determined and/or approved by the Floodplain administrator.
FLOODPLAIN ENCROACHMENT - any Floodplain development that could obstruct Flood
flows, such as fill, a bridge, or other development.
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 one foot at any point within the community. The Floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity Flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
FLOOR AREA - The sum of the gross horizontal areas of the one or several floors of a building,
measured from the exterior faces of the exterior walls or from the centerline of common walls
separating two (2) buildings. Floor area for the purpose of these regulations will not include basement, elevator and stair bulkheads, attic space, terraces, breezeways, open porches, and uncovered steps.
FLOOR AREA, LIVABLE - The portion of floor area of a dwelling unit that is constructed, completed, and usable for living purposes with normal living facilities which includes sleeping,
dining, cooking, entertainment, common space, areas for personal hygiene, or combination thereof. Unheated rooms, unfinished garages, basements or rooms used exclusively for utilities or storage shall not be considered as livable floor area. In no case shall an area less than six (6) feet in height be considered livable floor area.
FOOD CART - a small, wheeled vehicle typical pushed by hand, bicycle or propelled in some similar muscular manner to move it from place to place in order to offer already prepared or prepackaged food or ice cream for sale to the public. Any vehicle that is capable of preparing food within it shall not be included in the definition of a food cart.
FOOD TRUCK/TRAILER - A vehicle from which food for human consumption is sold and dispensed. Said food can be prepackaged or prepared within the vehicle. Such vehicle may be self-propelled or towed by another vehicle and must be licensed in the state of Ohio.
FOOD TENT - a open-aired, temporary structure with four legs and a canvas top used to prepare and sell food at special events where large groups of people are situated in a park, parade, fraternal organization, or other similar venue.
FOOD TENT, LARGE - Any food tent that is greater than four hundred (400) square feet.
FOOD TENT, SMALL - Any food tent that is four hundred (400) square feet or less.
FRONTAGE - The portion of a lot that directly abuts a public street or street right - of - way and
provides primary access to the property. If a lot has two (2) or more segments that abut a public
street or street right - of - way that are not continuous or abuts two (2) or more separate and distinct rights - of - way, the segments shall not be totaled together when calculating lot frontage. Rather the lot frontage will be measured from only the segment that directly abuts the public street or street right - of - way and provides access to the lot. Property lines that abut limited access roads shall not be construed to be included within any calculation of lot frontage.
FUNERAL SERVICES FACILITIES - A Building or part thereof used for human funeral services. Such building may contain space and facilities for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the storage of caskets, funeral urns, and other related funeral supplies; and (c) the storage of funeral vehicles. Funeral services facilities exclude crematoriums.
GARAGE, PRIVATE - An accessory building or an accessory portion of the main building enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and
located on the same lot as the dwelling for which it is accessory.
GARAGE, PUBLIC - A building or portion of a building in which more than two (2) motor vehicles are or are intended to be housed under arrangements made with patrons for renting or leasing such space and accommodation in which no repair work is carried on.
GRADE - The ground elevation established for the purpose of regulating the number of stories
and the height of Buildings. The Building Grade shall be the level of the ground adjacent to the
walls of the building if the finished Grade is level. If the ground is not entirely level, the Grade
shall be determined by averaging the elevation of the ground for each face of the building.
HEIGHT - The distance between the average Grade of a building to the highest point of the roof.
HEALTH CARE FACILITIES - General and specialized hospitals and associated clinics, rehabilitation centers, senior and assisting living, nursing homes, or other similar facilities providing health related services and involving the overnight or long term stay of patients.
HOME OCCUPATION - An accessory use which is an activity, profession, occupation, service, craft or revenue - enhancing hobby conducted by a person on the same premises as his principal place of residence which is clearly subordinate and incidental to the use of the premises for residential purposes. Home occupations may include, but are not limited to, home offices for insurance agents, financial planners, real estate agents, consultants, lawyers, architects, engineers, accountants, or other similar professional services, sewing, tailoring, teaching of music, dance lessons, or tutoring, or other similar uses that do not change the character of the residential neighborhood. Family Day Care Homes, Types A and B shall not be considered to be home occupations and shall be treated as permitted and conditional uses as listed in the applicable zoning district.
HOTEL - A building in which temporary lodging or board and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby.
HOTEL, BOUTIQUE - A small hotel with less than fifty (50) rooms that is located in a pedestrian oriented business area. These hotels typically have a strong artisan sense and focus on the design on the building and rooms.
IMPERVIOUS SURFACE - Any material that prevents absorption of storm water into the ground, such as concrete or asphalt. This does not include gravel.
INDUSTRIALIZED UNIT - A building unit or assembly of closed construction fabrication in an off-site facility, which is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use, including units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity but does not include a permanently sited manufactured home or mobile home as defined in this Ordinance.
INSTITUTIONAL USES - Those uses organized, established, used or intended to be used for the promotion of public, civic, educational, charitable, cultural or social or philanthropic activity and include but are not limited to art galleries, art studios, libraries, etc.
JUNK YARDS AND SCRAP METAL PROCESSING FACILITIES - An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, selling or exchanging old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, or other old or scrap materials and where such business or operation is not completely conducted within an enclosed building.
LOGISTICS - A large building where material, products, or other manufactured goods are acquired, stored and transported to their final destination. There is no production, processing, assembling or packaging of products or materials in these buildings.
KENNEL- any enclosure, premises, building, structure, lot, area of one ownership where six (6) or more dogs, cats, or other animals are kept. These facilities also consist of services open to the public that includes, but are not limited to boarding, training, and sale of animals.
LANDMARK - means any property identified and listed individually, and protected under the terms of this ordinance, but not located within a Historical Overlay District.
LANDSCAPING - The improvements of a lot with grass, shrubs, trees, and other vegetation and/or ornamental objects.
LEGAL DESCRIPTION - The geographical description of real estate that identifies the precise location, boundaries and may easements for the purpose of a legal transaction, such as a transfer of ownership. A legal description can include either a metes and bounds description or a subdivision plat.
LOADING SPACE, OFF - STREET - An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley, or other appropriate means of access.
LOT - A division of land separated from other divisions for purposes of sale, lease, or separate
use, described on a recorded subdivision plat, recorded map or by metes and bounds.
LOT, CORNER - A lot situated at the intersection of two (2) streets, or which fronts a street on two (2) or more sides forming an interior angle of less than 135 degrees. (Also see LOT LINE, FRONT)
LOT, COVERAGE - The cumulative area of all buildings and impervious surfaces divided by the total lot area.
LOT, INTERIOR - A lot that abuts no more than one street and that fronts a street on not more
than one side.
LOT LINE - A line bounding or demarcating a plot of land or ground.
LOT LINE, FRONT - The property line fronting a roadway right-of-way which provides the principle access; and used by the U.S. Postal Service for the delivery of mail to the structure located on the property. In the case of a Corner Lot, the owner may select which lot line abutting a street is the Front Lot Line.
LOT LINE, REAR - The lot line that is opposite the front lot line and farthest from it.
LOT LINE, SIDE - The lot line running from the front lot line to the rear lot line. This line is also the line dividing two interior lots.
LOT, MINIMUM AREA - The area of a lot computed exclusive of any portion of the right-of-way or any public thoroughfare.
LOT OF RECORD - A lot which is part of a subdivision or metes and bounds description that is recorded in the Pickaway County Recorder's office prior to the effective date of this Ordinance.
LOT, WIDTH - The width of a lot at the building line measured at right angles to its depth.
MAKER SPACE, SMALL - A facility that does not exceed 5,000 square feet that is utilized for the preparation, display, and sale of individually crafted artwork, jewelry, furniture, sculpture, pottery, glass or other related items. No odor, fumes or excess noise may be produced at the facility.
MAKER SPACE, LARGE - A facility that is 5,000 square feet or larger and serves as shared co-working space for independent craftsmen to produce woodwork, furniture, pottery, glass or other related items. The facility can also have shared office space.
MANEUVERING AISLE - A paved area in an off-street parking lot or loading area which provides access to parking, stacking, or loading spaces, exclusive of driveways and is used for and/or is necessary for turning, backing or driving forward a motor vehicle into such parking space. This area is not used as space for the parking or storage of motor vehicles or for loading or unloading.
MANUFACTURED HOME - A building unit or assembly of closed construction fabricated in an off-site facility, which conforms with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974" and that has a label or tag permanently affixed to it certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME PARK - Any tract of land upon which three (3) or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and include any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park. A tract of land which 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 three (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.
MANUFACTURED HOME, PERMANENTLY SITED - A manufactured home, as defined herein, that meets all of the following criteria:
(a) The structure is affixed to a permanent foundation such as masonry or concrete and is connected to appropriate facilities.
(b) The structure, excluding any addition, has a width of at least twenty-two (22) feet at one point, a length of at least twenty-two (22) feet at one point, and a total living area of at least nine hundred (900) square feet, excluding garages, porches, or attachments.
(c) The structure has a minimum 3:12 roof pitch, conventional residential siding, and a six (6) inch minimum eave overhang, including appropriate guttering.
(d) The structure was manufactured after January 1, 1995.
(e) The structure is not located within a manufactured home park.
(f) Otherwise complies with the Manufactured Housing Construction and Safety Standards Act of 1974 and has a label or tag permanently affixed to it, certifying compliance with all applicable federal construction and safety standards.
MANUFACTURING - Any industry that makes products from raw materials by the use of manual labor or machinery. This definition also includes the compounding, processing, assembling and packaging of goods.
MOBILE HOME - A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length, or, when erected on site, is three hundred twenty (320) or more square feet, which is built on a permanent chassis and is transportable in one (1) or more sections, and does not qualify as a permanently sited manufactured home or industrialized unit as defined in this Ordinance. A mobile home shall not be considered to be a single-family detached dwelling for the purposes of this code.
MONOPOLE - A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
MOTEL - An establishment consisting of a group of attached or detached living or sleeping units with bathroom and closet space, located on a single lot, and designed for use by transient automobile travelers. A motel furnishes customary services such as maid service and laundering of linens, telephone, secretarial or desk service and the use of furniture.
MOTOR VEHICLE - A passenger vehicle, truck, tractor, tractor - trailer, trailer, boat recreation
vehicle, semi-trailer, or any other vehicle propelled or drawn by mechanical power.
MURAL, GHOST - A type of sign that has a primary purpose of displaying an historical advertisement painted directly on the exterior of a structure.
MURAL - See Sign, Wall Display, Mural
NON-CONFORMING STRUCTURE - Any building or structure lawfully existing on the effective date of these regulations or amendment thereto, which does not conform to the development standard of the district in which it is located.
NON-CONFORMING USE - Any building or land lawfully occupied by a use on the effective date of these regulations or any amendment or supplement thereto, which does not conform to the Use Regulations of the district in which it is situated.
NURSING HOME - A home or facility used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care and of individuals
who require personal care services, but not skilled nursing care. For purposes of this Ordinance, nursing homes are considered Health Care Facilities (see definition for Health Care Facilities).
OFFICE, ADMINISTRATIVE, BUSINESS, MEDICAL OR PROFESSION, LARGE - A building that is 5,000 gross square feet or larger in area and includes a set of rooms or tenant spaces used for commercial, professional, medical or bureaucratic work.
OFFICE, ADMINISTRATIVE, BUSINESS, MEDICAL OR PROFESSION, SMALL - A building that is less than 5,000 gross square feet in area and includes a set of rooms or tenant spaces used for commercial, professional, medical or bureaucratic work.
OPEN SPACE - That part of a zoned property, including courts or yards, which are open and unobstructed from its lowest level to the sky, accessible to all tenants upon the zoning property.
OUTDOOR RECREATION FACILITY- an area that is not fully enclosed by walls and a roof which includes, but are not limited to uses such as athletic fields, parks, (excluding neighborhood
parks) court sports, tracks, swimming pools, golf related activities, and similar outdoor recreation
uses.
OUTDOOR SEASONAL BUSINESS - A use that is conducted on a temporary basis and is outside of a fully enclosed building. Such uses shall include, but are not limited to, holiday tree
sales, pumpkin sales, sidewalk sales, etc.
OUTDOOR SERVICE FACILITY - An area that is not fully enclosed by solid walls and a roof
and where services are rendered or goods are permanently displayed, sold or stored. For the purposes of this Ordinance, outdoor service facilities include, but are not limited to, restaurant patios, outdoor storage areas, and garden stores. This definition shall not include any use classified
as an outdoor seasonal business as defined herein.
OWNER - Owner of record according to records contained in the County Recorder's Offices.
PARKING AREA - An open area other than a street or other public way that is used for the parking of motor vehicles.
PARKING SPACE, OFF-STREET - Any parking space located wholly off any street, alley, or
sidewalk, either in an enclosed building or on an open lot and where each parking space conforms
to the standards as specified in this Ordinance.
PENNANT - A flag or banner longer in the fly than in the hoist, usually tapering to a point.
PERSONAL SERVICES - Uses that primarily provide services to a person or provide for the care and maintenance of personal goods. Such Uses include, but are not limited to, beauty shops, barber shops, salons, shoe repair shops, tailoring services, or garment repair services. This includes laundry or dry cleaning drop off/pick up services, but the process of dry cleaning is not included in this definition.
PLACES OF ASSEMBLY, LARGE - any facility or business where 300 or more individuals gather to participate or observe programs or services or assemble for social purposes. This includes public halls, theatres, churches, worship facilities, and other similar meeting facilities.
PLACES OF ASSEMBLY, SMALL - any facility or business where less than 300 individuals gather to participate or observe programs or services or assemble for social purposes. This includes public halls, theatres, churches, worship facilities, and other similar meeting facilities.
PORTABLE HOME STORAGE UNIT - Any assembly of materials which is designed, constructed or reconstructed to make it portable and capable of movement from one site to another and designed to be Used without a permanent foundation. Such Structures are typically utilized for temporarily storing household goods or other such materials on a residential property.
PRACTICAL DIFFICULTY - A standard utilized to determine whether an area variance should be granted. It is based a number of criteria that are weighed against one another to determine if granting the variance will provide a reasonable use of the land without altering the essential character of the area.
PRESERVE OR PRESERVATION - The process, including maintenance, of treating an existing building to arrest or slow future deterioration, stabilize the structure and provide structural safety without changing or adversely affecting the character or appearance of the structure.
RECONSTRUCTION - The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
REHABILITATION - The process of returning a property to a state of utility, through repair or alteration, which makes possible an efficient contemporary use while preserving those portions and features of the property which are significant to its historic, architectural, and cultural values.
RESEARCH AND DEVELOPMENT - A use where individuals are employed to search for knowledge and test processes that might be used to create new technologies, products, services, or systems.
RESIDENTIAL CARE FACILITY A home that provides either of the following:
Accommodations for seventeen (17) or more unrelated individuals and supervision and personal care services for three (3) or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment; accommodations for three (3) or more unrelated individuals, supervision and personal care services for at least three (3) of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and to at least one of those individuals, any of the skilled nursing care authorized by Section 3721.011 of the Ohio Revised Code.
RESIDENTIAL FACILITY, SMALL - A class two (2) facility licensed under Section 5119.34 of the Ohio Revised Code that provides accommodations, supervision, and personal care services for five (5) or fewer unrelated persons for any of the following:
(a) One or two (2) unrelated persons with mental illness;
(b) One or two (2) unrelated adults who are receiving payment under the residential state supplemental program;
(c) Three (3) to five (5) unrelated adults.
(d) (ORC 5119.34(B)(1)(b)
RESIDENTIAL FACILITY, LARGE- A class two (2) facility licensed under Section 5119.34 of the Ohio Revised Code that provides accommodations, supervision, and personal care services for at least six (6) but no more than sixteen (16) unrelated persons for any of the following:
(a) One or two (2) unrelated persons with mental illness;
(b) One or two (2) unrelated adults who are receiving payment under the residential state supplemental program;
(c) Six (6) to sixteen (16) unrelated adults.
(d) (ORC 5119.34(B)(1)b)
RESIDENTIAL FACILITY, MENTAL HEALTH SERVICES - A class one facility licensed under Section 5119.34 of the Ohio Revised Code that provides accommodations, supervision, personal care services, and mental health services for one or more unrelated adults with mental illness or one or more unrelated children or adolescents with severe emotional disturbances;
RESPONSIBLE PARTY - The owner of the property as determined by the Pickaway County Auditor's Tax List, the agent of the property owner authorized to be responsible for the premises, or the occupant of the property.
RIGHT-OF-WAY LINE - The boundary of the strip of land occupied or intended to be occupied
by a road, street, or alley and associated sidewalk or multi-use path.
ROOMING HOUSE - a building containing three (3) or more rooming units not offering nursing or dietary care, therapy, or counseling for its occupants.
ROOMING UNIT - A room available for rental occupancy for periods of seven (7) days or longer but not equipped with a kitchen facility so as to constitute a dwelling unit.
SCHOOL, TECHNICAL - A secondary or post-secondary school that provides designed training to students for a specific job or skilled trade.
SATELLITE DISH ANTENNA, LARGE - Any antenna greater than one meter in diameter that
is designed to receive or transmit signals, either directly or indirectly, to or from satellites. This
definition does not include any antenna used for AM/FM radio, amateur ("ham") radio, Citizen's
Band ("CB") radio, Digital Audio Radio Services ("DARS") or short-wave listeners.
SATELLITE DISH ANTENNA, SMALL - Any antenna that is one meter or less in diameter and is designed to receive direct broadcast satellite service, including direct-to-home satellite service, or to receive or transmit fixed wireless signals via satellite. It further means any antenna that is one meter or less in diameter or diagonal measurement and is designed to receive video programming services via MMDS (wireless cable) or to receive or transmit fixed wireless signals
other than via satellite.
SELF SERVICE STORAGE FACILITY- An individual compartment or stall used for the storage of customer's goods or wares.
SETBACK, FRONT - The horizontal distance between the right-of-way line and the nearest foundation or structural appurtenance of the principal structure.
SETBACK, REAR YARD - The horizontal distance between the rear lot line and the nearest foundation or structural appurtenance of the principal structure.
SETBACK, SIDE YARD - The horizontal distance between the side lot line and the nearest foundation or structural appurtenance of the principal Building.
SEXUAL CONDUCT - Acts of sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight. Any penetration of the vagina or anus, however slight, by an object. Any contact between persons involving the sex organs of one person and the mouth or anus of another. Masturbation, manual or instrumental, of oneself or of one person by another. Touching of the sex organs or anus, whether clothed or unclothed, of oneself or of one person by another.
SHORT-TERM RENTAL - A dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental owner or operator for a fee for fewer than thirty (30) consecutive nights. Short-term rental units may be whole house rentals, apartments, condominiums, or individual rooms in homes. This includes, but is not limited to: bed-and-breakfasts, AirBnBs, VRBOs, overnight rentals, and vacation rentals.
SIGN - Any device for visual communication which is designed, intended or used to convey a message, advertise, inform or otherwise direct attention to a person, institution, organization, activity, business, place, object or product. Signs erected by the local, state or federal government for the purposes of discharging in any normal governmental function, such as traffic control or safety, are likewise excluded from the regulations of this Article. This definition includes all signs visible from any public right - of - way or adjacent property, including interior signs oriented towards the exterior façade of any Building or structure that includes any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, which directs attention to any object, product, place, activity, person, institution, organization or business.
SIGN, ANIMATED - Any sign that uses movement or change of artificial and natural lighting
or noise to depict action or create a special effect or scene.
SIGN, CANOPY - Either a building mounted sign that serves as a marquee, or a sign mounted on a canopy or marquee.
SIGN, ENTRY FEATURE - A sign intended to provide the identity a residential development or commercial development with more than one lot or tenant.
SIGN, GAS INFLATABLE - Any device which is capable of being expanded by any gas and is
typically tethered or otherwise anchored to the ground or structure and used on a permanent or
temporary basis to attract attention to a product, event or business.
SIGN, FLASHING - A sign or graphic which in any manner, as a whole or in part, physically
changes in light intensity or gives the appearance of such change.
SIGN, FREESTANDING - A sign erected on a pole, poles, pillars, or posts (pylon sign) or any
monument type sign (sign with a base) which is wholly independent of any building or support.
SIGN, BILLBOARD - A type of free-standing sign that is mechanically produced or computer generate prints or images, including but not limited to digitally printed vinyl and/or 3-D printed elements, that are typically attached or affixed to a pole or other type of free-standing support. Said signs are greater than 200 square feet.
SIGN, GROUND MOUNTED - A type of free-standing sign that is supported by a monument style base and does not include any poles, pillars or posts.
SIGN, PYLON - A type of free-standing sign that is supported by pole(s), pillars, posts or other free-standing support and is less than 200 square feet.
SIGN, PERMANENT - A sign intended to be erected, displayed or used, or in fact which is used
for time period in excess of thirty (30) days within any 180-day period.
SIGN, TRAILER - A sign that is constructed on a chassis intended for the mounting of wheels,
thereby permitting the sign to be moved forward.
SIGN, PROJECTING - A sign which extends outward perpendicular to the building face.
SIGN, ROOF - Any sign erected upon or completely over the roof of any building.
SIGN, TEMPORARY - A display, banner, or other advertising device constructed of cloth, canvas, fabric, wood, or other temporary material, with or without a structural frame, including
but not limited to portable signs, feathered flags, development signs, community event signs, Garage sale signs, real estate signs, sandwich type signs, sidewalk or curb signs, and balloon or
other air or gas filled figures.
SIGN, WALL DISPLAY - A sign attached to a building face, with the exposed face thereof in a plane parallel to the plan of the wall. Wall signs include, messages, graphics and other designs painted along with any letters or numerals mounted directly on buildings or awnings.
SIGN, WALL - A wall display that is less than 125 square feet.
MURAL, ORIGINAL ART - A type of wall display that has a primary purpose of displaying an original work of visual art produced by hand that is tiled or painted directly upon directly to an exterior wall of a structure. Original Art Mural does not include:
• Mechanically produced or computer-generated prints or images, including but not limited to digitally printed vinyl; or
• Murals containing electronical or mechanical components; or
• Changing mural images
MURAL, VINTAGE ART - A type of wall display that has a primary purpose of displaying an original work of visual art produced by hand that was tiled, painted directly upon or affixed directly to an exterior wall of a structure prior to the date of adoption of this Ordinance.
WALLSCAPE - A type of wall display that greater than 125 feet and is mechanically produced or computer generate prints or images, including but not limited to digitally printed vinyl and/or 3-D printed elements, which are typically attached to the side of a building.
SIGN, WAY FINDING - Any sign which provides direction or guidance to help navigate a person to a specific location of an institution, organization or business, or property.
SIGN, WINDOW - A sign, graphic, poster, symbol or other identification which is physically affixed to or painted on the glass or other structural component of the window.
SOLAR, ARRAY - a mechanically integrated assembly of modules or panels with a support structure and foundation, tracker and other components as required to form a direct-current power producing unit.
SOLAR ENERGY SYSTEM - the equipment, assembly or building construction and requisite hardware that provides and is used for collecting, transferring, converting, storing or using incident solar energy for water heating, space heating, cooling, generating, electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from nonrenewable resource.
SOLAR ENERGY SYSTEM, GROUND MOUNTED - A solar electrical system that is mounted directly to a ground mounted structure instead of solely on a building wall or roof.
SOLAR ENERGY SYSTEM, ROOF MOUNTED - A solar electrical system that is mounted directly to the roof of a building.
SOLAR, PANEL - an array of solar cells used to generate electricity directly from sunlight.
SPECIFIED SEXUAL ACTIVITIES - simulated or actual display of human genitals in a state of sexual stimulation or arousal, acts of masturbation, sexual intercourse, sodomy, bestiality, necrophilia, sadomasochistic abuse, fellatio, or cunnilingus and fondling or erotic touching of human genitals, pubic region, buttocks, or female breasts.
START OF CONSTRUCTION - the first placement of permanent construction of a structure (other than a mobile home) on a site, such as the pouring of slabs or footings or any work beyond the state of excavation. 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 as part of the main structure. For a structure (other than a mobile home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its piling or foundation. For mobile homes not within a mobile home park or mobile home subdivision, "start of construction" means the affixing of the mobile home to its permanent site.
For mobile homes within mobile home parks or mobile home subdivisions, "start of construction" is the date on which the mobile home is to be affixed (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and installation of utilities) is completed.
STREET- A paved public vehicular right-of-way which provides access to abutting properties from the front.
STRUCTURE - Anything constructed or erected, the use of which requires a permanent location on the ground or attached to something having a permanent location on the ground, including outdoor advertising signs, (billboards), and farmers' street-side stands.
STRUCTURAL ALTERATIONS - Any change in the supporting members of a Building, such
as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical
contents of a building.
SUBSTANTIAL IMPROVEMENT/ALTERATION - any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started, or if the structure has been damaged and is being restored, before the damage occurred. For the purpose of this definition "substantial improvement" is considered to occur when the first alteration of any wall, ceiling, floor, or the first other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places provided the alteration will not preclude the structure's designation as a historic structure.
SUBSTANTIALLY COMPLETE - The stage in which the work, described in the zoning permit,
is finished to a point that the applicant/owner can occupy or utilize the land or building for its intended purpose.
SWIMMING POOL, PRIVATE FAMILY - A swimming pool used or intended to be used solely by the owner or lessee thereof and family, and by friends invited to use it without payment of any fee, and normally capable of containing water to a depth at any point greater than three (3) feet.
SWIMMING POOL, COMMERCIAL - A body of water in an artificial or natural receptacle or another container, whether located indoors or outdoors, used or intended to be used for public, semi-public, or private swimming by adults and/or children whether or not any charge or fee is
imposed, operated by an owner, lessee, operator, licensee or concessionaires, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances, and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also, all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels, apartments and condominiums, and community associations.
TELECOMMUNICATION TOWER - A structure situated on a site used to support antennas
and radio or cellular communications equipment. Antennas used by amateur radio operators are
excluded from this definition.
TELECOMMUNICATIONS TOWER, FREE STANDING - Any free-standing structure that meets the criteria for a telecommunication tower, as defined herein.
TELECOMMUNICATION TOWER, ATTACHED - Any structure that will be attached to a Building or other structure that meets the criteria for a telecommunication tower, as defined herein.
TINY HOME - A dwelling unit that is less than 400 square feet but still provides kitchen, bathroom and living space.
TRACT - The entire area included in a proposed development, which may include one or more parcels or lots.
TREE, SMALL - any tree species which normally attains a full-grown height of under thirty (30) feet.
TREE, MEDIUM - any tree species which normally attains a full-grown height between thirty-fifty (30-50) feet.
TREE, LARGE - any tree species which normally attains a full-grown height above fifty (50) feet.
TRUCK TRAVEL CENTER - A commercial facility which provides refueling, parking, and often ready-made foot for motorists and truck drivers. These facilities sometimes also include showers for truck drivers.
UNNECESSARY HARDSHIP - A standard utilized to determine whether a use variance should be granted. It is based on the deprivation of an owner's right to the beneficial use of property that is caused by the strict enforcement of this Ordinance. It must involve unique characteristics of the property itself and does not include economic difficulties of the owner/applicant.
USE - The purpose for which a Building or land may be arranged, designed, or intended to be
occupied or maintained.
VARIANCE - A modification of the strict terms of this Ordinance due to the strict enforcement
of these regulations resulting in a practical difficulty or Unnecessary Hardship and where such modification will not be contrary to the public interest.
VARIANCE, AREA - A type of variance that is from a regulation based on the dimensions or physical requirements of applicable zoning regulations such as setbacks, height, or other similar requirement. This type of variance is typically reviewed using a Practical Difficulty standard.
VARIANCE, USE - A type of variance to allow a use that is otherwise prohibited within the district. This type of variance is typically reviewed using an Unnecessary Hardship standard.
VEHICLE, RECREATIONAL - Any motorized or non-motorized vehicle that is used for recreational purposes including, but not limited to all terrain vehicles, dune buggies, motor bikes, recreational vehicle trailers, snowmobiles, trail bikes, and various watercraft including canoes, kayaks, boats and jet skis.
VEHICULAR SALES - An open area other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where only incidental repair work is done.
VEHICULAR, SALES MOTORCYLCES - An open area or building used for the display, sale or rental of new or used motorcycles and where only incidental repair work is done.
VEHICULAR SALES, RECREATIONAL - An open area or building used for the display, sale or rental of new or used recreational vehicles and where only incidental repair work is done.
ZONING INSPECTOR - The authorized representatives appointed by the Mayor to issue zoning permits and perform other duties as specified in this Ordinance.
ZONING MAP - A map of the City of Circleville that legally denotes the boundaries of the zoning districts as they apply to the properties within the City. The official zoning map shall be kept on file in the City administrative offices.
ZONING PERMIT - A document issued by the zoning administrator authorizing the construction
or alteration of a building, structure.
(Ord. 02-13-2023. Passed 2-21-23; Ord. 02-15-2024. Passed 2-20-24.)