(a) Definitions. Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Zoning Code.
ABUTTING. Having a common border with, or being separated from, such a common by a right-of-way, alley, or easement.
ACCESSORY STRUCTURE. Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
ACCESSORY USE. A use clearly incidental to and on the same lot or property as the principal use.
ADULT DAY CARE FACILITIES. A facility where adults that are not normally capable of taking care of themselves are taken care of on an hourly or daily basis by qualified persons, other than the primary care giver, without providing any overnight accommodations or routine medical service, other than emergency service or administering of medication. The facility is characterized by the fact that the adults do not leave or are not capable of leaving the facility without assistance from a care giver.
ADULT GROUP HOME. A group of six or more individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under supervision of on-site management, which is compensated by payment to providing organization and stability to those individuals. The individuals are usually not infirm and may be capable of leaving the premises without assistance. “Adult group home” does not include nursing homes where the individuals are infirm.
ADULT ENTERTAINMENT shall mean performances by topless and/or bottomless dancers, strippers or similar entertainers where such performances are characterized by the display or exposure of specified anatomical areas. The following terms are typically associated with the term “Adult Entertainment”
Nude or State of Nudity shall mean the showing, representation or depiction of human male or female genitals, a bare buttock, an anus, or the areola or nipple of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of uncovered male genitals in a discernibly turgid state.
Semi-Nude shall mean a state of dress in which clothing covers no more than the genitals, the pubic region and the areola of the female breast, as well as portions of the body covered by supporting straps or devices.
Specified Anatomical Areas shall mean less than completely and opaquely covered human genitals, pubic region, buttock and female breasts below a point immediately above the top of the areola, or human male genitals in a discernibly turgid state, even if completely and opaquely covered.
Specified Sexual Activities shall mean human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human fondling, sexual intercourse, sodomy, cunnilingus or fellatio; or the fondling or other erotic touching of human genitals, the pubic region, a buttock or female breasts.
Adult Entertainment Facility shall mean any adult arcade, adult bookstore, adult cabaret, adult theater, adult drivein theater, adult minimotion picture theater, adult motion picture theater, adult motel, adult video store, nude model studio, sexually oriented business or any business providing adult entertainment.
Adult Arcade shall mean an establishment where one or more still or motion picture projectors, slide projectors or similar machines, or other image-producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult Book Store shall mean an establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, or an establishment with a segment or section devoted to the sale or display of such material.
Adult Cabaret shall mean a nightclub, bar, restaurant, "bottle club" or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(A) Persons who appear nude or in a state of nudity or seminudity;
(B) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C) Films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult Drivein Theater shall mean an outdoor theater for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons, which may not be located on a parcel of property less than five acres.
Adult Material shall mean any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, video, pornographic record or tape, or other tangible thing, which material is distinguished or characterized by an emphasis on matter displaying, describing or representing sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
Adult MiniMotion Picture Theater shall mean an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
Adult Motel shall mean a motel, hotel or similar commercial establishment which:
(A) Offers public accommodations which provide patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right of way or by means of any off premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;
(B) Offers a sleeping room for rent for a period of time less than ten hours; or
(C) Allows a tenant or occupant to subrent the sleeping room for a period of less than ten hours.
Adult Motion Picture Theater shall mean an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons.
Adult Service shall mean any service capable of arousing sexual interest through sight, sound or touch, which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality or human bodily functions of elimination.
Adult Theater shall mean a facility used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.
Adult Video Store shall mean an establishment having as a substantial or significant portion of its stock in trade, videos which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas or an establishment with a segment or section devoted to the sale or display of such material.
Nude Model Studio shall mean any place where a person, who regularly appears in a state of nudity or displays specified anatomical areas to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.
Sexually Oriented Business shall mean an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, sexual encounter establishment, nude model studio or establishment handling adult materials or providing adult services.
Sexual Encounter Establishment means a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of a specified sexual activities or when one or more of the persons is semi-nude. This definition 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.
Specified Anatomical Areas shall mean:
(A) Human genitals in a state of sexual arousal;
(B) The appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or
(C) A state of dress that fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.
Specified Sexual Activity shall have the same meaning as “sexual activity”, as defined in Ohio R.C. 2907.01(C).
Employ, Employee, and Employment describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full time, part time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. "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.
Escort means a person who, for consideration, agrees or offers to act as a companion or date for another person, and who offers to privately model lingerie, perform a strip tease, appear in a state of nudity or partial nudity or display any specified anatomical areas.
Regularly Features or Regularly Shown means, with respect to an Adult Theater or Adult Cabaret, a consistent 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 regular business of the Adult Theater or Adult Cabaret.
Established or Establishment shall mean and include any of the following:
(A) The opening or commencement of any sexually oriented business as a new business;
(B) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(C) The addition of any sexually oriented business to any other existing sexually oriented business; or
(D) The relocation of any sexually oriented business.
AGRICULTURE. The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to a lot or abutting property.
ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
AMUSEMENT ARCADES. A building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devises are maintained.
ANIMALS (as Pets). Any species of felis catus and canis familiaris and other animals commonly kept as domestic pets.
ANIMALS (Exotic). Any cat, other than felis catus; any canine, other than canis familiaris, non-human primates; poisonous reptiles; alligators, crocodiles or lizards over two feet long; snakes over six feet long; bears; kangaroos; eagles; poisonous stinging insects; or arachnids.
APARTMENT. See Dwelling, Multiple-Family, as defined in this section.
ATM. “AUTOMATED TELLER MACHINE” A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.
AUTOMOBILE OR TRAILER SALES AREA. An open space area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done, including farm implements, boats, motorcycles, bicycles, and lawnmowers.
AUTOMOTIVE GASOLINE STATIONS. A commercial business which conducts the retail sale of motor vehicle and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol, and propane fuels. Automobile service and re-pair is not included. The sale of other commercial retail goods such as limited food, beverage, and other convenience items is permitted on a limited scale.
AUTOMOTIVE SERVICE STATION. Establishment primarily engaged in automotive repair, including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.
AUTOMOTIVE WASH OR AUTOMOTIVE CAR WASH. See Car Wash, as defined in this section.
AWNING. A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials.
BANKS AND FINANCIAL INSTITUTIONS. Commercial banks, savings and loan associations, credit unions, brokerage offices, and other similar financial institutions, but not including pawnshops, check cashing establishments or payday loan businesses.
BAR, TAVERN, OR COCKTAIL LOUNGE. Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law. It shall not mean a restaurant wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and minors are not prohibited from dining.
BED AND BREAKFAST. A dwelling wherein lodging and/or food is provided by a resident family primarily for transient guests, as distinguished from a boarding house, hotel, or motel.
BOARDING HOUSE. A building other than a hotel, motel, or a bed and breakfast where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at any one time.
BUFFER AREA or SCREENING. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Buffering includes fences, walls, hedges, berms, landscaping material, or a combination of these.
BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more un-pierced walls extending from the ground up, each part is deemed a separate building with respect to the minimum side yard requirements as hereinafter provided.
BUILDING HEIGHT. The vertical distance between the average contact with the ground level at the front wall of the building to the highest point of the roof.
CAR WASH. An automobile service facility either manually operated or automatic for clearing interior and exterior of automobiles or other motor vehicles.
CEMETERY. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CHILD CARE CENTER. An establishment that administers to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any part of the 24-hour day if over 6 children are regularly cared for in a place or residence other than the child's own home. The term “Child Care Center” also includes nursery schools where children under the age of five are receiving schooling.
CHILD CARE, HOME OPERATED. A private residence, where care, supervision, and protection are provided on a regular basis from 1 to 6 infants, toddlers, pre-school children, and school children outside of school hours by a person who is not the parent but is a resident of the home. For the purposes of this definition, the resident children who are under 16 shall be included with the nonresident children when counting the number of children. A dwelling with a family with more than 6 children who are all living in the dwelling unit and are related shall not be considered a home operated child care.
CLINIC. A place used for the care, diagnosis, and treatment of sick, ailing, or injured persons, and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
CLUB. A building or portion thereof or premises owned or operated for a fraternal, literary, political, or educational purpose primarily for the exclusive use of its members and their guests.
COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the Planning and Zoning Commission and the legislative authority of the City, showing the general location and extent or present and proposed physical facilities including housing, industrial, and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
CONVALESCENT HOME. See Nursing Home, as defined in this section.
CONVENIENCE FOOD STORES. Any retail establishment offering for sale prepackaged food products, household items, and other goods commonly associated with the same and having a gross floor area of less than 5,000 square feet.
DENSITY. A unit of measure; the number of dwelling units per acre of land.
DENSITY, GROSS. The number of dwelling units per acre of the total land to be developed.
DENSITY, NET. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
DRIVE-UP or DRIVE-THROUGH. An establishment that by design of physical facilities or by services or packaging procedures encourages or permit customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
DWELLING. A building or portion thereof which is designed to provide living accommodations for one or more families. A dwelling unit includes a permanently sited manufactured home as separately defined in this section.
DWELLING, SINGLE-FAMILY. A building used exclusively to provide one dwelling unit for occupancy by one family.
DWELLING, MULTIPLE-FAMILY. A building used exclusively to provide two or more dwelling units for occupancy by three or more families.
DWELLING UNIT. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping. A “dwelling unit” does not include mobile or manufactured homes, but does include industrialized units.
EDUCATIONAL INSTITUTION. Public or private elementary schools, junior high schools, middle schools, high schools, junior colleges, community colleges, colleges, or universities, or other schools giving general academic instruction in several branches of learning and study required by the education code of the state.
EASEMENT. The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage; as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined, provided, however, that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two buildings. The floor area of a building shall include all livable spaces including the basement floor area when more than one-half of the basement height is above the finished grade level.
FOOD TRUCK (MOBILE FOOD UNIT). Any apparatus or equipment that is used to cook, prepare or serve food, and that routinely changes or can change location and is operated from a moveable vehicle or apparatus, including but not limited to motorized vehicles, trailers, and hand propelled carts.
FOOD TRUCK PARK. One or more lots or parce ls of land where three or more food trucks (mobile food units) congregate to offer food or beverages for sale to the public as the principal use of the land.
FRONTAGE. All the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
FUNERAL HOME. 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 preparation of the dead for burial; (b) the performance of autopsies and other related surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARAGE. An accessory building for automobiles in which no occupation or business is carried on.
GASOLINE SERVICE STATION or FILLING STATION. A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories and/or for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building, and a line five feet from the building.
HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit exclusive of garages or accessory buildings carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any extension or modification of the dwelling which will alter its outward appearance.
HOSPITAL. Any public or private institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates twenty-four (24) hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.
HOTEL. A business which offers overnight accommodations to transient guests on a daily rate basis and often providing other services for the guests such as restaurants, meeting rooms, and recreational facilities. See also Motel, as defined in this section.
INDUSTRIALIZED DWELLING UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient, and when installed, constitutes a dwelling unit, except for necessary preparations for its placement. Industrialized units include units commonly referred to as modular or pre-fabricated units, but do not include mobile homes or manufactured homes as separately defined.
LOT. A parcel of land occupied or intended to be occupied by one or more dwellings in a residential district or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this Zoning Code for the district in which the lot is situated and having its principal frontage on a public street or public right-of-way.
LOT AREA. The total computed horizontal area contained within the lot lines or boundary lines of a lot including any portion of a lot that may exist within a public right-of-way.
LOT, CORNER. A lot having two adjacent sides abutting upon two streets.
LOT DEPTH. The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE. A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.
LOT (PANHANDLE). A lot whose frontage on a public street is through a narrow strip of land which is generally wide enough to accommodate a driveway but too narrow to accommodate any structures. This narrow strip of land is referred to as the panhandle and the balance of the lot is referred to as the body. These lots are also referred to as “flag” lots.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Hamilton County, Ohio.
LOT WIDTH. The distance between side lot lines measured at the front yard building line; in case of irregular shaped lots, the lot shall be measured at a point midway between the front and rear lot lines.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME (PERMANENTLY SITED). A manufactured home that meets all of the following criteria: The structure is affixed to a permanent foundation and is connected to appropriate facilities:
(1) The structure, excluding an addition, has a total living area, excluding garages, porches, or attachments of at least 1,200 square feet;
(2) The structure has a minimum 5:12 residential roof pitch and a six-inch minimum eave overhang, including appropriate guttering;
(3) The structure was manufactured after January 1, 1995;
(4) The structure is not located in a manufactured home park as defined by R.C.§ 3733.01.
MAXIMUM HEIGHT. Maximum height of a building is measured from grade to uppermost peak of the roof for any building. Receiving antennae, belfries, spires, and other ornament shall not be included when calculating height of the building.
MAXIMUM LOT COVERAGE. The total area of a lot that is covered by permanent buildings.
MEDICAL SUPPLY OUTLET “PHARMACY”. A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well. A Pharmacy may include accessory drive-up customer service facilities located on the same parcel.
MINIMUM LOT AREA. The least amount of area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
MINIMUM LOT WIDTH. The required minimum width of lot measured at the front setback line for a building.
MOBILE HOME. A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
MODULAR HOME. Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.
MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel. See also Hotel as defined in this section.
MOTOR HOME. See Travel Trailer as defined in this section.
MULTI-SECTION MANUFACTURED HOME. A factory-built home constructed to the design and specification standards of a manufactured home as set forth in 24 CFR 3280, 3282 and 3283, and 42 USC 5401 et. seq.
NONCONFORMING USE. Any building, structure, or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment or supplement thereto which does not conform to the use regulations of the district in which it is situated.
NURSING HOME. Any place or abode, building, institution, residence, or home used for the reception and care for a consideration of three or more persons who by reason of age or mental or physical infirmities are not capable of properly caring for themselves, or who are 65 years of age or over and for which a license, if necessary, has been issued by the Ohio Department of Public Welfare or other appropriate agency. Patron residents of a nursing home are normally characterized by a lack of ability to leave the home without assistance from a care giver.
NURSERY SCHOOL “CHILD DAY CARE FACILITY”. Means providing care for children during daytime hours, including parent cooperative nursery schools, play groups for preschool children, after school care for school children, provided such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.
OFFICE. Office shall mean a building or portion of a building wherein services are performed involving predominantly administrative, professional and clerical operations.
OPEN SPACE. An area open to the sky which is or may be on the same lot with a building or structure. This area may include landscaped areas.
OUTDOOR DINING. Tables and/or chairs (including benches) and umbrellas associated with lawfully operating Food Service Establishments and similar uses, in or on the public right-of-way or resting on, or projecting into, the sidewalk area, which are not physically or structurally attached to a building, retaining wall or fence.
PARKING SPACE, OFF-STREET. An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
PARKING AREA (PUBLIC). An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer with the city for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
PLANNED UNIT DEVELOPMENT (PUD). An area of land in which a variety of uses are accommodated in a pre-planned environment under more flexible standards such, as lot sizes and setbacks, than those restrictions that would normally apply under this Zoning Code.
PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
PUBLIC USE. Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities, including water and sewer service facilities.
PUBLIC MUSEUM. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
RAISING OF ANIMALS. The raising of farm animals, exotic animals, or the raising of any animal for commercial purposes. This definition does not pertain to domestic household pets.
RECREATION AREA (PRIVATE). A recreation area owned and maintained by the owner of a development, business concern or property owners' association for tenants, employees, co-owners or members of an association.
RECREATION AREA (PUBLIC). A recreation area maintained by a public authority for public use.
RECREATION AREA (COMMERCIAL). Land or facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to: roller blade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks, swimming pools, bingo parlors, lotto facilities and other businesses where the majority of business is in games of chance.
RELIGIOUS PLACE OF WORSHIP (CHURCH). Religious Places of Worship shall mean an institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination are held.
RESTAURANT. Establishments primarily engaged in the preparation and sale of food which accounts for fifty-one percent or more of the business sales and may include ancillary sale of alcoholic beverages (forty-nine percent or less of total sales).
RETAIL BUSINESS. Any business which primarily sells goods, wares or merchandise directly to the ultimate customer for direct consumption and not for resale.
RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
ROADSIDE STAND. A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and is stored back of the building line on the property at the conclusion of the seasonal sales.
SATELLITE DISH. A signal-receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
SERVICE STATION. See Gasoline Service Station as defined in this section.
SIGN. Any display that evokes a message or shows any product, service, business, name, or other enterprise in a promotional manner. A sign may consist of wording, logos or images. See also the complete sign code definition list found in Chapter 1145.
STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
STREET. All property dedicated or intended for public or private use for passage or travel of motor vehicles.
STRUCTURE. Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, roadside stands, monuments, statues, flagpoles, and signs.
SUBDIVISION. The division of any parcel of land shown as a unit, part of a unit or a contiguous unit on the last preceding transfer of ownership thereof.
(A) Major Subdivision shall mean the improvement of five or more new parcels from the original parcel of land for residential use or the improvement of one or more parcels of land for commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or leaseholders or as easements, or for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities.
(B) Minor Subdivision shall mean the division of one property into four or less residential parcels, sites or lots, any one of which is less than five acres in area, for the purpose, whether immediate or future, of transfer of ownership. A minor subdivision shall also mean the division or partition of land into no more than four parcels where no new streets or roads are involved; the division of land for agricultural purposes where the resulting parcels are more than five acres or larger in size; the division of property by testamentary or interstate provisions; or the division of property upon court order.
SWIMMING POOL (PRIVATE RESIDENTIAL). The term Swimming Pool shall mean a body of water, created by artificial means designed or used for swimming or other immersion purposes, any portion of which is one-half foot (1 ½ ‘) deep or more. It includes a fish pond, wading pool, hot tub, or spa.
SWIMMING POOL (PORTABLE). Swimming pools that are only capable of holding eighteen inches (18") or one and one-half foot (1 ½ ‘) of water or less, at the deepest point, and are nine feet (9') or less in water surface diameter at the widest point, or less than sixty-five (65) square feet in surface area.
TATOO OR BODY PIERCING ESTABLISHMENT. An establishment or facility engaged in the method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. This definition also includes body piercing or other related body art activities commonly associated with tattooing parlors.
TRAVEL TRAILER or TRAILER. A vehicle, whether or not it is pulled by another vehicle, used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
USE. The specific purposes for which a building or land is designated, arranged, intended, or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity, or operation carried on in a building or on premises or the name of a building, place, or thing which name indicates the use or intended use.
VARIANCE. A modification of the strict terms of the relevant regulations of this Zoning Code where such modification will not be contrary to the public interest. A variance is also a modification of regulations where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship. Variances can only be granted by the Board of Zoning Appeals as provided under Chapter 1105 or by the Planning and Zoning Commission as expressly granted under the Subdivision Regulations provisions.
WAREHOUSE. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment containing no on-site retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. This term also includes “Wholesale” and “Distribution” related establishments.
WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is house.
WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving or relaying telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
WIRELESS TELECOMMUNICATIONS TOWER. A structure intended to support equipment used to transmit, relay, and/or receive telecommunications signals, including but not limited to monopolies, guyed, and lattice construction steel structures.
YARD. Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
YARD REQUIREMENT. The open space between a lot line and the building area within which no structure shall be located except as provided in the Zoning Code.
YARD SETBACKS. The required minimum horizontal distance between the building line and the related front, side, or rear property line.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot line if the building is intended to be owned by two separate owners on both sides of the shared wall.
ZONING INSPECTOR. An appointed administrative official under the jurisdiction of the City Safety-Service Director who implements, enforces and interprets the provisions, regulations and requirements of the City of Deer Park Zoning Code. The Zoning Inspector may be the City Safety-Service Director if so appointed by the City Council.
ZONING MAP, CITY OF DEER PARK. The zoning map for the City of Deer Park showing at least the corporation limits and streets and other landmarks for reference, the property boundaries for all properties inside the city, and the zoning categories that have been adopted and are enforced for the properties contained within the city. Also referred to as the City Zoning Map.
ZONING PERMIT. A document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(Ord. 2009-09. Passed 5-11-09; Ord. 2023-06. Passed 5-1-23.)
CODIFIED ORDINANCES OF DEER PARK