1185.02 DEFINITIONS.

Abutting or Adjacent:

The land, lot, or property adjoining the property in question along a lot line or separated only by an alley, easement, or street.

Access or Access Point:

Any driveway or other point of entry and/or exit such as a street, road, or thoroughfare that connects to the general street system. Where two public roadways intersect, the secondary roadway shall be considered the access.

Access Control:

The regulation of the number, type, and frequency of access points along a given roadway, and the design standards to which they should conform.

Access Management Plan or Regulations:

A roadway design plan which designates access locations and their design for the purpose of bringing public roadways into conformance with their access classifications to the extent feasible.

Accessory Retail Sales:

The sale of products manufactured, produced, stored, or marketed on-site at an office, office-warehouse, or industrial use.

Accessory Structure:

A structure (such as a garage) incidental to the main use of the land or building.

Accessory Use:

A use incidental to the main use of the land or building.

Adult Family Home or Small Residential Facility:

A residence or facility, as defined and regulated in Chapter 3722 of the Ohio Revised Code, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.

Adult Group Home or Large Residential Facility:

A residence or facility, as defined and regulated in Chapter 3722 of the Ohio Revised Code, which provides accommodations for six to 16 unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.

Agriculture:

Farming, dairying, pasturage, horticulture, viticulture, animal and poultry husbandry, and limited processing and sale of agriculture products from land under the same ownership.

Airport:

Facilities used for the landing or taking off of aircraft, which provides facilities for the shelter, supply, or care of aircraft, or for receiving or discharging passengers and cargo, and all associated airport buildings or other associated airport facilities and right-of-way.

Alley:

A narrow public or private thoroughfare that provides secondary access to abutting properties and is not intended for through traffic.

Alteration:

Any change, addition, or modification in construction, type of occupancy, increase in floor space, the consummated act of which may be referred to herein as "altered" or "reconstructed."

Amateur Radio Transmitter or Antenna:

An antenna, related supporting mast or tower, and transmitter used in amateur ratio (a.k.a., ham radio) for the purpose of transmitting and receiving radio signals in conjunction with an amateur radio station licensed by the Federal Communications Commission (FCC).

Amusement Park:

A commercially operated grouping of entertainment attractions, rides, and other events in one location for the enjoyment of large numbers of people.

Animal Hospital and Veterinarian Clinic:

A place where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Use of a kennel shall be limited to short-term boarding and shall be related and incidental to the hospital use.

Apartments on Upper Floors:

A multi-family dwelling unit that is located above the ground floor level of a building, usually a "mixed use building."

Appeal:

An appeal of an administrative decision made by the Zoning Commissioner, considered by the BZBA, in accordance with Section 1165.09 Appeals.

Applicant:

Unless otherwise specified, an owner of a property or an agent for the owner, including a subdivider, developer, attorney, or similar representative, who has filed an application for development review pursuant to Chapter 1165 Development Review Procedures.

Application:

The process by which the applicant submits a request for any type of development review or approval identified in Chapter 1165 Development Review Procedures. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities required by the City.

Arterial or Arterial Street

A multi-lane roadway that allows for access at at-grade public street intersections; restricts direct property access; provides access and mobility at moderate to high speeds and volumes in rural areas and low to moderate speeds and volumes in urban areas; and serves interregional, intercity, and intra-city travel demands.

Authorized Agent:

A person with express written consent to act upon another person's behalf.

Automated Teller Machines (ATM):

An automated device that performs banking or financial functions.

Automotive Fuel Sales:

Any building or land used for the retail dispensing or sales of vehicular fuels and including, as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.

Automotive Repair:

Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles. See also definition for "truck, trailer, and farm implement sales and service."

Automotive Sales or Rental:

Any building or land used for the display, sale or rental of new or used motor vehicles or trailers in operable condition. See also definition for "truck, trailer, and farm implement sales and service."

Automotive Service:

Any business that derives or expects to derive more than 50% of its gross revenue from the maintenance of automobiles and trucks. Examples of maintenance include but are not limited to: oil changes, tire replacement, light suspension work, coolant system repair, air conditioning system maintenance and repair, audio, or exhaust system repair. See also definition for "truck, trailer, and farm implement sales and service."

Awning:

A shelter protecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. See also the definition of "canopy."

Bakery:

An establishment for preparing, cooking, baking, and selling of products on the premises.

Banks and Financial Institutions:

Any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, credit unions, savings and loan institutions, mortgage companies and facilities for automated teller machines (ATMs).

Banner:

See definition for "Sign, Banner".

Bar or Tavern:

An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. A tavern shall be this type of establishment where food may also be available for consumption on the premises.

Base Zoning District:

Any zoning district designated on the Official Zoning Map that is not an overlay or PUD-designated district.

Basement:

A building story having part but not more than half of its height above grade. A basement used for storage, a garage for the use of building occupants, janitor quarters, or for other utilities common to the rest of the building shall not be counted as a story.

Bed and Breakfast Establishment:

A single-family residence where sleeping rooms are offered for pay to transient guests for a period of stay of 14 days or less in association with breakfast the next day.

Best Management Practice (BMP):

Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices, and operation and maintenance procedures, as well as non-structural practices, such as setbacks or buffers.

Billboard:

See definition for "Sign, Outdoor Advertising".

Bioretention Swale:

A bioretention system that is located within the base of a swale and incorporates special types of landscaping and vegetation to enhance water quality and improve overall storm water management and is a type of infiltration BMP.

Block:

The area within the perimeter of roads, property lines, or boundaries of the subdivision, including the pavement.

Board of Zoning and Building Appeals (BZBA):

The City of Defiance Board of Zoning and Building Appeals.

Boarding House:

A building other than a hotel where, for compensation, and by arrangement, meals or lodging and meals are provided for one or more persons, but not exceeding six persons. Boarding houses include homes for battered wives, homes for mental rehabilitation, and similar facilities.

Buffer Yard:

An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving, or portion of such land use, for the purposes of separating, screening, and softening the effects of the land use. A buffer yard may include a wall, fence, or berm as provided in accordance with the provisions of Chapter 1177 Landscaping and

Buffer Standards.

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.

Building Frontage:

The length of any exterior wall of a building facing a public right-of-way. In a building that is subdivided by a party wall or walls into spaces with separate exterior entrances, "building frontage" means the length of the exterior wall or walls of the building facing the public right-of-way measured to the center of the party wall or walls. In the event a building or building unit fronts more than one public right-of-way, the "building frontage" shall be separately calculated for each facade.

Building Line:

A line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from the said right-of-way.

Building Materials Sales and Storage:

Any land or buildings used primarily for the storage and sales of basic building materials that may be sold to the general public or contractors.

Building, Nonconforming:

A building that lawfully occupied a lot at the effective date of this code, or amendments thereto, and that does not currently conform to the regulations of the applicable zoning district.

Building, Principal:

A building in which the principal use of the lot is conducted.

Building Trades and Services:

Businesses related to the construction of buildings including, but not limited to, carpentry, electrical, plumbing, and heating/air conditioning, and the like.

Bulk Plant:

A gas or liquid bulk storage facility (permanently located and non-transferable) that is intended to store a commodity until broken down into smaller quantities and shipped or reshipped to its final destination.

Bus, Converted or Chopped:

A recreational structure created by altering or changing an existing automobile, van, or bus to make it into a recreational vehicle as defined within this Code.

Business Services:

Commercial support activities, including carrier services, office supplies, computer making and printing.

Business Zoning District:

A term used to refer to all land of one of the following business zoning designations: O-R Office-Residential District; B-1 Neighborhood Business District; B-2 Central Business District; B-3 Highway and General Business District; and B-4 Community Shopping Center District.

Bypass:

A road passing around a City or its center to provide an alternative route for through traffic.

Camper, Pick-Up (Slide-In):

Recreational structure designed to be mounted temporarily or permanently in the bed of a light truck, with the truck having either single or double rear wheels, and with or without an assisting extra tab axle and wheels mounted on the truck or camper chassis behind the truck's rear wheels. These campers can be readily dismounted from the truck bed. When removed from the truck bed, "pick-up (slide-in) campers" and "truck cabs" are called unmounted campers, and the truck chassis is no longer considered a recreational vehicle.

Canopy:

A structure other than an awning, made of cloth, metal, or other material with frames affixed to a building and/or carried by a frame which is supported by the ground. See also the definition of "awning."

Car Wash:

An establishment wherein automobile and other vehicular equipment is washed and cleaned manually or automatically.

Cemetery:

Land used for the burial of the human dead and dedicated for cemetery purposes, including columbaria, crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.

Certified Professional in Erosion and Sediment Control (CPESC):

A person that has subscribed to the Code of Ethics and has met the requirements established by the CPESC Council of Certified Professionals in Erosion and Sediment Control, Inc. to be a CPESC.

Channel:

A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.

Charitable or Philanthropic Institution:

Institutions organized to provide humanitarian or charitable assistance.

Chassis Mount:

See "Motor Home".

City:

The City of Defiance, Ohio.

City Administrator:

The City Administrator of the City of Defiance, Ohio.

City Council:

The City Council of the City of Defiance, Ohio.

City Engineer:

The City Engineer of the City of Defiance, Ohio.

Club, Lodge, or Other Social Meeting Place:

A building or portion thereof, or premises, owned or operated by a corporation, association, person or persons for a social, educational or recreational purpose, but not primarily for profit, or for rendering a service which is customarily carried on as a business.

Collector or Collector Street:

A roadway that allows for access at at-grade public street intersections, restricts direct property access, provides access and mobility at low to moderate speeds, and connects local or second class collector streets to arterial roadways.

Commercial Entertainment Facilities:

Any activity conducted for gain which is generally related to the entertainment field, such as motion picture theaters, amusement parks, nightclubs, dance halls, and similar entertainment activities.

Commercial Message:

Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.

Community Center, Public:

A public building that can be used for a gathering spot of community members that may have kitchen facilities, meeting rooms, or indoor recreational facilities.

Community Garden:

A single piece of land that is gardened collectively by a group of people that may include individual garden plots designated for individual gardens.

Completely Subdivided:

A tract of land that is divided into as many lots as the subdivider intends for the tract at the time he or she presents it to the planning authority.

Comprehensive Plan:

The long-range plan for the desirable use of land, as adopted by the Planning Commission, the purpose of such plan being, among other purposes, to serve as a guide in the future development for the community.

Conservation:

The wise use and management of natural resources.

Construction Dumpster:

A container used for the temporary storage of rubbish or materials related to the related construction site or project.

Construction Trailer:

A mobile home, trailer, or similar temporary structure that is used as an office or for storage in conjunction with a construction project.

Contractor Offices and Storage:

A use where the principal activity is the storage of equipment and materials related to building or landscaping contractors. Such use may also include office space for the business. Such uses are typically related to the construction industry and may include, but are not limited to, plumbing, heating, roofing, interior remodeling, excavating, and landscaping contractors.

Convenience Store:

Small-scale retail stores used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers, and magazines.

Cornice:

A horizontal member, structural or nonstructural, of any building, projecting outward from the exterior walls at the roof line, including eaves and other roof overhang.

County:

Defiance County, Ohio.

Covenant:

A written promise or agreement.

Crematory:

A machine or facility designed for the cremation of human and/or animal remains.

Cul-de-sac:

A street with a single means of ingress/egress and having a turnaround at the terminus.

Cultural Institution:

A use providing for display, performance, or enjoyment of heritage, history, or the arts, including but not limited to museums, arts performance venues, cultural centers, or interpretative sites, but not including commercially operated theaters.

Culvert:

A transverse drain that channels under a bridge, street, or driveway.

Cupola:

A small, dome like structure on the top of buildings, often included to provide a lookout or to admit light and air.

Dairy:

A commercial establishment for processing or selling milk and milk products.

Dead-end Street:

A local street having only one outlet for vehicular traffic.

Defiance SWCD:

The Defiance Soil and Water Conservation District.

Detached Accessory Garages or Buildings:

A freestanding structure which is subordinate (accessory) to a principal use on the same property, including, but not limited to, private garages, detached storage sheds, utility sheds, gazebos, and similar structures.

Detention Basin:

A storm water management pond that remains dry between storm events. Storm water management ponds include a properly engineered/designed volume which is dedicated to the temporary storage and slow release of run-off waters.

Developer:

Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under this code to affect a subdivision of land hereunder for himself, herself or itself or for another.

Development Area or Site:

Any tract, lot, or parcel of land, or combination of tracts, lots, or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth-disturbing activity is to be performed.

District:

See "Zoning District".

Ditch:

An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.

Drive-Through Facility:

Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

Driveway:

A private way, other than a street or alley, that provides access to one lot of record for the use of vehicles and pedestrians.

Drop-Off Box:

A small collection facility where recyclable materials are purchased or accepted from the public. Typical uses include neighborhood recycling stations and thrift store collection boxes or dumpsters.

Dry Cleaner:

A facility where garments and other fabric materials may be laundered or dry cleaned.

Dwelling:

Any building or portion thereof which is designated for or used for residential purposes.

Dwelling, Multi-Family:

A building used or designed as a residence for three or more families or housekeeping units living independently of each other and doing their own cooking therein, including apartment houses, garden apartments and row houses.

Dwelling, Row House:

A building or portion thereof designed, intended, or used primarily for residential purposes to be occupied by one family. The building is situated so its side walls are shared with other like structures, all having their own separate entrances and located on separate lots of record.

Dwelling, Single-Family:

A building designed for or occupied exclusively by one family or housekeeping unit.

Dwelling, Two-Family:

A building designed for or occupied exclusively by two families or housekeeping units.

Dwelling Unit:

Space within a building designed as a residence of one household unit or family.

Dwelling Unit, Accessory:

A secondary dwelling unit established in conjunction with and clearly subordinate to a principal dwelling or use.

Dwelling, Zero Lot Line:

A building or portion thereof designed or used primarily for residential purposes to be occupied by one family. The building is situated so that its yard setbacks are varied according to Subsection 1171.07(a)(5) Zero Lot Line Dwellings.

Easement:

A grant by the property owner of the use of a strip of land by the public or a person for specified purposes.

Eave:

The projecting lower edges of a roof that overhangs the wall of a building.

Educational Institution:

Buildings or structures used to teach students. Educational institutions may include primary schools, elementary schools, middle schools, or high schools, and teaching at higher educational levels, including, but not limited to, colleges, vocational schools, universities, training centers and other similar uses.

Efficiency:

A small apartment that combines living room, a bedroom, and kitchenette into a single room.

Engineer:

Any person registered to practice professional engineering by the state board of registration as specified in the ORC.

Engineering Division:

The city department providing the functions of the City Engineer.

Erect:

To construct, assemble, install, alter or relocate a sign and includes the acts of attaching, affixing, hanging, suspending, painting and placement of signs, but does not include repair or replacement of changeable copy, repainting, cleaning or other maintenance that does not involve the repair or replacement of foundation elements, structural members or electrical components.

Erosion:

The process by which the land surface is worn away by the action of water, wind, ice, or gravity.

Essential Services:

The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems and of collection, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health or safety or general welfare, but not including buildings.

Existing:

In existence at the time of the passage of this Code.

Expansion:

An increase in the size of an existing structure or use, including physical size of the land, building, parking, or other improvements or structures.

Expressway:

A major divided highway designed for high-speed travel, having few or no intersections.

Façade:

The exterior wall on the front, side, or rear elevation of the building regardless of whether the building side faces a street.

Façade, Front:

The façade of a building that contains the primary entrance of the building.

Family:

One or more persons occupying a dwelling and living as a single housekeeping unit, and doing their own cooking on the premises, as distinguished from a group occupying a boarding house or hotel, as herein defined.

Family Day Care Home, Type-A:

A permanent residence of the provider in which child day care or publicly funded day care is provided for seven to 12 children at one time or is the permanent residence of the provider in which child day care is provided for four to 12 children at one time if four or more children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the Type-A day care home shall be counted. Type-A day care homes do not include homes where all of the children being cared for are siblings and the residence is the home of the siblings. Type-A day care homes do not include any child day camp as defined in ORC Section 5104.01.

Family Day Care Home, Type-B:

A permanent residence of the provider in which child day care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the Type-B day care home shall be counted. Type-B day care homes do not include homes where all of the children being cared for are siblings and the residence is the home of the siblings. Type-B day care homes do not include any child day camp as defined in ORC Section 5104.01.

Feed Mill:

Facilities relating to the manufacturing of animal feed.

Final Development Plan:

A plan for the development and use of a proposed planned unit development, illustrated by a plat showing the boundaries of the subject parcels of land or tract(s) of real estate; the location, size, height, and use of all structures; all vehicular and pedestrian ways and parking areas; all sewer and water mains, fire hydrants (both public and private); and all landscaped and recreational areas to be erected and maintained thereon; and further explained by such specifications, conditions and limitations as may be imprinted on the plat, or contained in the amendment or supplement to the zoning code, incorporating the final development plan as an integral part of the zoning regulations applicable to that particular tract of land.

Flag:

Any sign of cloth or similar material anchored along one side and displayed from a single pole, either freestanding or attached to a building, displaying the ensign, emblem or insignia of a governmental, corporate, educational, or athletic entity or other organization.

Flood Plain:

Land which is subject to periodic flooding as depicted on the current Flood Insurance Rate Map as defined by Section 1333.05(12) of the Codified Ordinances and as designated in the F-P Flood Plain District.

Footcandle:

A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle.

Forestry:

The growing and care of trees for commercial purposes including the cutting down and processing of timber for lumber.

Frontage:

All property abutting on one side of a street or place between two intersecting streets, crossing or terminating, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.

Funeral Home:

A building or part thereof used for human funeral services and which may include space for the embalming and other services used in the preparation of the dead for burial, the storage of caskets, funeral urns, and other related supplies, the storage of funeral vehicles, facilities for cremation, chapels, and other related uses.

Garage, Private:

A building or portion thereof, other than a private garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

Garage, Public:

An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory. Not more than one of the vehicles may be a commercial vehicle of more than two-ton capacity.

Garden or Landscape Supply Store:

A place of business where retail or wholesale products and produce are sold to the consumer, and which imports most of the items sold, which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and landscaping variety tools and utensils.

Government Building or Use:

Any building, structure, or use, or portion thereof, used by a government agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials.

Grade:

The average level of the finished surface of the ground adjacent to a sign, building, or other structure being measured.

Grading:

Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.

Grain Elevator:

A building or facility for elevating, storing, discharging, and processing grains.

Green Infrastructure:

Storm water management techniques that use natural systems, or engineered systems that mimic natural processes.

Group Home:

A group home is a residential facility that provides individualized residential services for up to nine individuals who are mentally retarded, developmentally disabled, physically handicapped, convalescing or undergoing rehabilitation, or who cannot otherwise care for themselves. These individuals shall not have been previously convicted of a felony as the reason for their current rehabilitation nor shall they require institutional care or treatment. These users shall be licensed by and/or have accountability to a government agency for the clientele served. This definition does not include hospitals or facilities that administer treatment as their primary function to outpatients on a day-care basis.

Highway:

A main road designed to accommodate high volumes of traffic at high speeds.

Home for the Aging:

A home for the aging is a home that provides: personal assistance for six or more individuals who are dependent on the services of others by reason of age and physical or mental impairment, but who do not require skilled nursing care; and personal assistance and skilled nursing care for three or more individuals. The part or unit of the home for the aging that provides personal assistance shall be licensed as a rest home. The Public Health Council may further classify homes. Nothing in this code, or rules adopted pursuant to it, shall be construed as authorizing the supervision, regulation or control of the spiritual care or treatment of residents or patients in any home who rely upon treatment by prayer or spiritual means in accordance with the creed or tenets of any recognized church or religious body.

Home Occupation:

An accessory use of a service character conducted within a dwelling by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes, and does not change the character thereof or have any exterior evidence of such secondary use other than a small sign. The office of a physician, surgeon, dentist or other professional person, including an instructor in individual musical instruments limited to a single pupil at a time, which offers skilled services to clients, and is not professionally engaged in the purchase or sale of economic goods, shall be deemed to be a home occupation. Beauty parlors, barber shops, dancing instruction, band instrument instruction groups, tourist homes, real estate offices, convalescent homes, mortuary establishments, and stores, trades or business of any kind not herein excepted, shall not be deemed to be home occupations. Borderline cases shall be ruled on by the BZBA.

Hospital:

A facility providing physical or mental health services, inpatient or overnight accommodations, and medical or surgical care of the sick or injured.

Hotel:

A building in which lodging or boarding 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 or office supervised by a person in charge at all hours. As such, it is open to the public in distinction to a boarding house or a lodging house which is herein separately defined.

Housekeeping Unit:

One or more persons occupying a dwelling unit and living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a bed and breakfast establishment, hotel, or motel.

Improvements:

Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping, and other related matters normally associated with the development of raw land into building sites.

Industrial Zoning District:

A term used to refer to all land of one of the following zoning designations: M-1 Restricted Industrial District; M-2 Limited Industrial District; and M-3 General Industrial District.

Institution:

Buildings or land occupied by a nonprofit corporation or a nonprofit establishment for public use, except residential living.

Institutional Housing:

Housing for the elderly or infirm in which three or more unrelated individuals may live on a short-term or long-term basis and where both food and care are provided for compensation. Institutional housing includes, but is not limited to, elderly housing, nursing homes, assisted living facilities, and hospices. Institutional housing shall not include hospitals, medical offices, medical or dental clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured without long-term residency.

Internet Café:

A place which provides internet access to the public, usually for a fee. These businesses usually provide snacks and drinks, hence the café in the name. The fee for using a computer is usually charged as a time-based rate. This use does not include viewing or ability to view pornographic or sexually oriented materials, and does not include internet sweepstakes establishments.

Internet Sweepstakes Establishment:

An establishment that promotes the sale of prepaid internet time cards, phone cards or similar devise to retail customers in varying amounts for use at its business location which entitle each cardholder to participate in sweepstakes. The sweepstakes system allows a customer to use the phone card, internet time cards or similar device at a game terminal to browse the internet or participate in games which reveal sweepstakes entries, prizes, prize values or the like.

Junk:

Scrap, abandoned or discarded metal, paper, wood, plastic, rubber, glass, building materials, equipment, bottles, appliances, furniture, rags, trash, rubbish, inoperable motor vehicles or parts thereof, or similar materials/items.

Junk Storage and Sales:

Any lot, land or structure, or part thereof, used primarily for the collection, storage, recycling and sale of waste paper, rags, scrap metal or discarded material, or for the collection, dismantling, storage and salvaging of machinery or vehicles not in operating condition, and for the sale of parts thereof.

Junkyard:

A place not in a completely enclosed building including auto wrecking yards and building wrecker yards, where waste, discarded or salvaged material is bought, sold, exchanged, baled, packed, stored, disassembled or handled.

Keeping of Chickens:

The noncommercial raising and caring of female chickens on a residential lot as an accessory use.

Kennel:

Any structure or premises on which more than five dogs and/or cats that are more than five months of age are kept. Kennel includes facilities that provide daytime care for dogs and/or cats.

Laboratory:

Buildings and facilities equipped for experimental study in a science or for testing and analysis.

Landscape Material:

Landscaping consists of:

   •   Material such as, but not limited to, living trees, shrubs, vines, lawn grass, ground cover, and landscape water features; and

   •   Non-living durable material commonly used in landscaping including, but not limited to, rocks, pebbles, sand, decorative walls and fences, brick pavers and earthen mounds, but excluding pavements for vehicular use.

Landscaping:

The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects.

Larger Common Plan of Development or Scale:

A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

Laundry or Laundromat:

Facilities where patrons wash, dry, or dry clean clothing or other fabrics in machines operated by the patrons.

Light, Cutoff:

An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground.

Light, Non-Cutoff:

An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground.

Loading Space:

An off-street space on the same lot with a building, or a group of such buildings and accessory buildings, or utilized for the principal use and accessory use.

Lodging House:

A building, other than a hotel, where lodging for two or more persons is provided for compensation pursuant to previous arrangement, and not to anyone who may apply.

Lot:

A parcel of land occupied or intended for occupancy by a use permitted in this code, including one main building, together with accessory buildings, open spaces and parking spaces required by this code, and having its principal frontage upon a street or upon an officially approved place. A lot may or may not be the land shown on a duly recorded plat.

Lot Area:

The horizontal surface area of the lot measured within the bounds of the property lines. For panhandle lots, the lot area excludes the area of the panhandle.

Lot, Corner:

A lot located at the intersection of two or more streets. See Figure 1173.01-4.

Lot Coverage:

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

Lot, Depth:

The distance between the front property line and the rear property line, measured along a straight line.

Lot, Double Frontage:

A lot other than a corner lot with frontage on more than one street. Double frontage lots abutting two streets may be referred to as through lots. See Figure 1173.01-5.

Lot, Interior:

A lot with frontage along one street. See Figure 1173.01-3.

Lot of Record:

A lot which is part of a subdivision recorded in the Defiance County Recorder's office, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

 

Figure 1185.02 1: Illustration of lot configurations and types.

Lot, Panhandle:

A lot fronting or abutting a public street and where access to the public street is limited to a strip of land.

Lot, Width:

The distance between the side property lines, measured along a straight line.

Lumber Yard:

An outdoor facility where there are retail sales of lumber and other building materials.

Luminaire:

A complete lighting unit consisting of one or more lamps, together with the components designed to distribute the light, to position and protect the lamps, and to connect the lamps to the electrical power supply; also called the lighting fixture. Luminaire shall not include the light pole used to support the luminaire.

Major Thoroughfare Plan:

The plan adopted by the Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the city or unincorporated areas within three miles thereof.

Manufacturing, General:

Any manufacturing or industrial production other than limited or restricted. Limited and restricted industrial uses are permitted in a general industrial zoning district. All manufacturing and industrial processes shall comply with the performance requirements of Section 1173.05 Performance Standards.

Manufacturing, Limited:

Any manufacturing, industrial production or storage which, by the nature of the materials, equipment and processes utilized, is generally conducted within an enclosed building, and if outside storage of material is required, such storage is conducted within a well maintained enclosure which shall have an opaqueness of 75% or more. Limited manufacturing shall include the manufacture of dairy, canned fruit, vegetable, bakery and confectionery products; textile mill products and apparel; bottling plant; lumber wood products, furniture and fixtures; plastic products; perfumes and cosmetics; fabricated metal products from metal sheets of less than one quarter of an inch thickness; screw machine products and bolts, nuts, screws and washers; cutlery; hand tools; television sets; electronic components and accessories; and products of a similar nature.

Manufacturing, Restricted:

Any industrial use which is conducted entirely within enclosed, substantially constructed buildings, involving the use of only light machinery and equipment, and which does not use the open area about the buildings for the storage of materials or equipment other than for unloading or loading operations at the rear or within an enclosure which abuts a building. Restricted manufacturing shall include the manufacture of drugs, jewelry, musical instruments and sporting goods; the processing and assembly of small glass products, small household appliances, small electronic products, scientific instruments and parts for the production of finished equipment; office, computing and accounting machines; research and laboratory testing; printing, publishing and engraving plants; and other similar products and operations.

Marginal Access Street:

Either a collector or local street, parallel and adjacent to a principal arterial street or expressway, providing access to abutting properties.

Medical and Dental Centers and Outpatient Clinic:

An establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

Mineral, Gravel, or Sand Extraction:

Any mining, quarrying or processing of limestone, shale, clay, coal, soil, or other mineral resources.

Mini-Motor Home:

See "Motor Home".

Mini-Warehouse:

See "Self-Storage Facilities".

Mobile Home:

A movable dwelling constructed in one or more units to be occupied on land, having a minimum width of eight feet and a minimum area of 400 square feet, and containing living facilities for year-round occupancy by one family, including permanent provision for eating, sleeping, heating, cooking, and sanitation.

Mobile Home Park:

An area manifestly designed to accommodate mobile homes in a safe, sanitary and desirable manner as described in Subsection 1169.08(a)(3) Mobile Home Parks.

Mobile Home Parking:

Stopping of a mobile home upon public or private property for a period not to exceed 48 hours in duration.

Mobile Home Storage:

Openly locating any mobile home upon public or private property for a period exceeding 48 hours in duration.

Monuments:

Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners, and points of change in street alignment.

Mortuary:

A building or facility in which dead bodies are stored and prepared prior to burial.

Motel:

A building or group of buildings used for the temporary residence of motorists or travelers. A building or group of buildings used as a hotel in which any number of rooms are normally, but not exclusively, accessible from any outdoor area, or have ingress and egress other than through an inside lobby or office.

Motor Home:

A recreational structure constructed integrally with a truck or motor van chassis and incapable of being separated there from. The truck or motor van chassis may have single or double rear wheels.

Municipal Separate Storm Sewer System (MS4):

According to CFR 122.26(b)8), a conveyance or system of conveyances including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains:

   •   Owned or operated by a state, city, town, borough, county, parish, district, association, or other public body (created by or pursuant to state law)…including special districts under state law such as a sewer district, flood control district or drainage district, or similar entity, or an Indian tribe or an authorized Indian tribal organization designated and approved management agency under section 208 of the Clean Water Act that discharges into waters of the United States;

   •   Designed or used for collecting or conveying storm water;

   •   Which is not a combined sewer; and

   •   Which is not part of a publicly-owned treatment works (POTW) as defined at 40 CFR 122.2.

Municipality:

See "City".

Nonconformity:

A use, lot, structure, building, sign, or lighting that does not comply with the provisions of this zoning code. See also the definitions for "use, nonconforming," "lot of record," "building, nonconforming," "site, nonconforming," and "structure, nonconforming."

Nonresidential Zoning District:

A term used to refer to all land of one of the following nonresidential zoning designations: F-P Flood Plain District; S-1 Special District; O-R Office-Residential District; B-1 Neighborhood Business District; B-2 Central Business District; B-3 Highway and General Business District; B-4 Community Shopping Center District; M-1 Restricted Industrial District; M-2 Limited Industrial District; and M-3 General Industrial District.

NPDES Permit:

A National Pollutant Discharge Elimination System Permit issued by the Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.

Nursery School or Childcare Center:

Any place in which child day-care is provided, with or without compensation, for 13 or more children at one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven to 12 children at one time.

Nursing or Convalescent Home:

A home 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 assistance but not skilled nursing care. A nursing home is licensed to provide personal assistance and skilled nursing care.

OAC:

The Ohio Administrative Code.

Office:

Space primarily for administrative and clerical activities.

Ohio EPA:

The Ohio Environmental Protection Agency.

Oil and Gas Well:

A shaft or hole sunk to obtain oil, brine, or natural gas.

Oil and Gas Well Equipment Sales and Storage:

Any business where the primary business is the sales and/or storage of equipment used in welling.

Open Space:

An area substantially open to the sky, which may be on the same lot as a building. The area may include, along with natural environmental features, water areas, swimming pools, tennis courts or other recreational facilities.

ORC:

The Ohio Revised Code.

Original Tract:

A contiguous quantity of land, undivided by lot lines, held by one person or in common ownership at the time it is presented to the planning authority for further division.

Outdoor Bulk Storage:

The outdoor storage of bulk goods, raw materials, or products. Bulk goods or products shall be defined as any products, goods, junk, material, merchandise, or vehicles associated with the principal land use.

Outdoor Sales and Displays:

The placement of products or materials for sale or lease outside of a retail or wholesale sales establishment.

Owner:

A person recorded as the property owner on official records.

Parapet or Parapet Wall:

A building façade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

Parking Aisle:

The driveway or access drive by which a car enters and departs a parking space.

Parking Lot or Garage:

A structure (e.g., parking garage) or surface level facility providing vehicular parking spaces along with adequate drives and aisle, for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles.

Parking Space:

A designated parking area designed for one vehicle that is exclusive of drives, aisles or entrances giving access thereto.

Parking Structure:

See definition for "Parking Lot or Garage".

Performance Bond:

A bond in the amount of the engineer's estimated cost of total required improvements to be posted at a bank for withdrawal only by the City to guarantee the City that the necessary public improvements will be installed according to plans and specifications within the time prescribed by the subdivider's agreement.

Person:

Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.

Personal Services:

Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shop, beauty parlors and similar activities.

Planned Unit Development:

Any proposed development of land for industrial, commercial or residential purposes, or a combination of these uses, provided that they are functionally integrated and that the project is unique in design in order to attain an improved character of development that conforms to the purpose and intent of this Code.

Planning Commission:

The City of Defiance Planning Commission.

Plant Cultivation:

The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures, such as greenhouses.

Plat:

A map graphically indicating a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots, blocks, streets, alleys, public areas, and other dimensions of land.

Plat, Final:

The final map of all or a portion of the subdivision which is presented to the Planning Commission for final approvals in accordance with this Code, and which, if approved, shall be filed with the Defiance County Recorder's office.

Plat, Preliminary:

The map on which the developer's plan of subdivision is presented to the City Planning Commission for further conference on the proposed development and approval. After such approval of a preliminary plat, a final plat shall be prepared.

Printing and Publishing Establishment:

An establishment in which the principal business consists of duplicating and printing services using photocopy, blueprint, or offset printing equipment, including publishing, binding and engraving.

Professional Engineer:

See "Engineer".

Public Hearing:

A regular or special meeting open to the public and advertised in advance in the local printed media or as otherwise required by statute, concerning proposed ordinances, amendments or other official City business which requires public participation and input.

Public Maintenance and Storage Facility:

Public land and buildings devoted solely to the maintenance and storage of highway equipment and materials.

Public Meeting:

A regular or special meeting of City Council or any other City board or commission open for public attendance.

Public Use:

Public parks, schools and administrative, libraries, cultural and service buildings, not including public lands or buildings devoted solely to the storage and maintenance of equipment and materials.

Receiving Stream:

The body of water into which run-off is discharged.

Recreational Facility, Commercial:

Indoor or outdoor recreational facilities open to the public, established and operated for a profit, such as, but not limited to, commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, stables, racetracks, fitness centers, bowling alleys, carnivals, boat docks, fishing piers, and similar commercial enterprises.

Recreational Facility, Non-Commercial:

Private and semi-public recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses and other private, noncommercial recreation areas and facilities or recreation centers.

Recreational Vehicle:

A motor vehicle or trailer equipped with living space and amenities found in a home and used for camping, recreation, and travel.

Recreational Vehicle Parking:

Stopping of a recreational vehicle upon public or private property for a period not to exceed 48 hours in duration.

Recreational Vehicle Storage:

Openly locating any recreational vehicle upon public or private property for a period exceeding 48 hours in duration.

Redevelopment:

The demolition or removal of existing structures or land uses and construction of new structures and/or uses.

Religious Place of Worship:

A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to facilitate public worship.

Research and Development Facility:

A building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental to the main purpose of the laboratory or facility.

Residential Floor Area:

The interior floor area of a dwelling, including stairways, halls, and closets, but not including basements, porches, garages, breezeways, or carports.

Residential Zoning District:

A term used to refer to all land of one of the following residential zoning designations: A-1 Agriculture District; R-1 Low Density Residence District; R-2 Medium Density Residence District; R-3 Medium to High Density Residence District; and R-4 Mobile Home Parks District.

Rest Home:

A home that provides personal assistance for six or more individuals who are dependent on the services of others by reason of age or physical or mental impairment but who do not require skilled nursing care. A rest home is licensed to provide only accommodations and personal assistance and may not admit individuals requiring skilled nursing care.

Restaurant:

A place located in a permanent building wherein food and beverages are sold to the general public to be primarily consumed within the building, which function is the principal business of the place. This meaning excludes drugstores, confectionery stores, lunch stands and gasoline service stations.

Restaurant, Fast Food:

Those establishments which dispense food from counter-type operations, which food is to be consumed on or off the premises away from the counter and which are recognized as fast food operations because of the high turnover of customers.

Retail and Service Commercial Uses:

Uses including, but not limited to, groceries and other food stores, coffee shops, soda fountains, internet cafés, ice cream parlors, drug stores, barber shops, beauty salons, bakeries, dry cleaning, laundromats, tailoring, shoe repair shops, electrical appliance repair/servicing, and the like.

Retention Basin:

A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of run-off waters.

Right-of-Way:

A general term denoting land, property, or the interest therein, usually in the configuration of a strip acquired for or devoted to transportation purpose. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the State, Defiance County, or the City of Defiance.

Riparian Area:

Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to stabilize stream banks, limit erosion, reduce flood flows, and/or filter and settle out run-off pollutants, or which performs other functions consistent with the purposes of this code.

Riparian Setback:

Those lands which are alongside streams where earth disturbing activities will not take place and natural vegetation will not be removed.

Roadside Stand:

The use of any land or a structure for the sale of produce in accordance with the provisions of Subsection 1169.10(d)(16) Roadside Stands.

Roof Line:

Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.

Salvage Operation, Automotive and Metal:

An establishment dealing primarily in the reconditioning and resale of damaged goods.

Sawmill:

An operation or facility which has as its predominant purpose the sawing or planning of logs or trees into rough slabs, and is sometimes referred to as a planing mill.

Scientific Research Center:

Research, development and/or testing related to such fields as chemistry, pharmaceuticals, bacteriology, medicine, electricity, transportation and engineering. All research, testing and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside of said building.

Seasonal Agricultural Sales:

The temporary sale of agricultural products such as fruits, vegetables, and juices where such facilities may sell agricultural products not grown on site. Seasonal sales, including the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products.

Sediment:

Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth's surface either on dry land or in a body of water.

Sediment Pollution:

A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.

Self-Storage Facilities:

A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for self-storage of personal property.

Services, Business:

An establishment offering primarily service to the business community and to individuals. Such services include but are not limited to advertising agencies, blueprinting and photocopying services, interior cleaning services, computer and data processing services, detective agencies and security services, insurance agencies, management consulting and public relations services, news syndicates, personnel services, photofinishing laboratories, photography, art and graphics services, and real estate services.

Services, Financial:

An establishment offering primarily economic services to businesses and individuals. Such services include but are not limited to credit unions, banks, credit card companies, consumer finance companies, stock brokerages, and investment funds.

Services, Personal:

Services generally involving the care of the person or person's possessions. Personal services may include, but are not limited to, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.

Services, Professional:

An establishment of technical or unique functions performed by independent contractors or consultants whose occupation is the rendering of such functions. Professional services include but are not limited to those of accountants, architects, attorneys, business consultants, engineers, law firms, public relations professionals, researchers, and translators.

Setback:

The minimum distance a building or structure must be built from a property line or road right-of-way as defined further in Chapter 1173 General Development Standards.

Setback, Front:

The minimum distance required between a building, structure, or improvement and the front lot line of the property.

Setback Line:

The line created when applying the required setback distance to a lot.

Setback, Rear:

The minimum distance required between a building, structure, or improvement and the rear lot line of the property.

Setback, Side:

The minimum distance required between a building, structure, or improvement, and a lot that is shared with another lot where such lot line is defined as a side lot line.

Sewer, Central or Group:

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

Sewer, On-Site:

A septic tank or similar installation on an individual lot which utilizes satisfactory processes for the elimination of sewage and which provides for the proper and safe disposal of effluent, subject to the approval of health and sanitation officials having jurisdiction.

Sexually Oriented Business:

Sexually oriented businesses are those businesses specified below:

   •   Adult Arcade - A commercial establishment where, for any form of consideration, one or more still or motion pictures projectors, slide projectors, or similar machines, or other image-producing machine, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or photographic reproductions characterized by the depiction or description of "Specified Sexual Activities" or "Specified Anatomical Areas".

   •   Adult Book Store, Adult Novelty Store or Adult Video Store - A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of revenues, or devotes a significant or substantial portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:

      (1)   Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, computer software, compact discs, or other visual representations, characterized by the depiction or description of specified sexual activities or specified anatomical areas.

      (2)   Instruments, devices, or paraphernalia designed for use or marketed primarily for stimulation of human genital organs, or for sadomasochistic use or abuse.

   •   Adult Cabaret - A nightclub, bar, restaurant, bottle club, car wash, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

      (1)   Persons who appear nude, or in the state of nudity, or semi-nudity;

      (2)   Live performances characterized by the exposure of specified sexual activities or specified anatomical areas;

      (3)   Films, motion pictures, video cassettes, slides, or other photographic reproductions, characterized by the depiction or description of specified sexual activities or specified anatomical areas.

   •   Adult Motel or Hotel - A motel, hotel or similar commercial establishment which:

      (1)   Persons who appear nude, or in the state of nudity, or semi-nudity;

      (2)   Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions, characterized by the depiction 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; or

      (3)   Offers a sleeping room for rent for a period of time less than 10 hours; or

      (4)   Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than 10 hours.

   •   Adult Motion Picture Theater - A commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals for any form of consideration.

   •   Adult Theater - A theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

   •   Escort - A person who, for any form of consideration, agrees or offers to act as a companion, guide or date for another person, or agrees or offers to privately model lingerie, or privately perform a striptease for another person.

   •   Escort Agency - A person or business association that, for any form of consideration, furnishes, or offers to furnish an escort(s), guide(s), date(s), or companion(s) for another person.

   •   Massage Parlor - Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentation's, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as a part of, or in connection with "Specified Sexual Activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "Specified Anatomical Areas". This definition shall not include the practice of massage in a licensed hospital, under the auspices of a licensed hospital, by a licensed physician, surgeon, chiropractor or osteopath, by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, or by trainers for any amateur, semi-professional or professional athlete, or athletic team, or school athletic program.

   •   Nude Model Studio - Any place where a person, who regularly appears in a state of nudity, or displays specified anatomical areas, is provided, for any form of consideration, to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other person.

   •   Sexual Encounter Establishment - A business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons congregate, associate or consort, for the purpose of specified sexual activities, or the exposure of specified anatomical areas, or activities when one or more of the persons is in a state of nudity or semi-nude. This definition shall not include an establishment where a medical practitioner, psychologist, psychiatrist or similar person licensed in the State of Ohio, engages in medically approved and recognized sexual therapy.

The following terms are used in the determination and regulation of sexually oriented businesses:

   •   Employee - A person who works or performs as a part of a business association or as a private contractor, regardless of whether or not said person is paid a salary, wage, or other compensation by the operator of said business, excluding a person exclusively on the premises for repair or maintenance of the premises or equipment thereon, or for the delivery of goods to the premises.

   •   Establishment - The opening or commencement of any business as a new business, or the conversion of an existing business.

   •   Nudity or State of Nudity - The appearance of human bare buttocks, anus, male or female pubic region or genitals, or the areolae or nipple of the female breast; or a state of dress which fails to opaquely and fully cover human buttocks, anus, male or female pubic region or genitals, or the areolae or nipple of the female breast.

   •   Operator - The owner, permit or license holder, custodian, manager, operator, or person in charge of any business premises.

   •   Permitted or Licensed Premises - Any premises that requires a license and/or permit.

   •   Permittee and/or Licensee - A person or persons in whose name a permit and/or license to operate a business under these regulations has been issued, as well as the individual or other legal entity listed as an applicant on the application for a permit and/or license.

   •   Person - An individual, proprietorship, partnership, corporation, association, or other legal entity.

   •   Protected Uses - Those uses listed below:

      (1)   Public building means any building owned, leased, or held by the United States, the State of Ohio, Defiance County, any city, village or township, any special district or school district, or any other agency or political subdivision, which building is used for government purposes.

      (2)   Land which has been designated for park or recreational activities, including but not limited to, a park; playground; nature trails; swimming pool; reservoir; athletic field; basketball or tennis courts; pedestrian or bicycle paths; open space; wilderness areas; or similar land.

      (3)   Quasi-public facility means any building or improved property customarily open to the public for noncommercial purposes, but which is not under government ownership or control.

      (4)   Religious institution means any church, synagogue, mosque, temple or building used primarily for religious worship and related religious activities.

      (5)   Residential zoning districts.

      (6)   School means any public or private educational facility, including but not limited to child day care facilities, nursery schools, pre-schools, kindergartens, elementary, primary, intermediate, junior, middle, secondary or high schools, vocational schools, continuation schools, special education schools, junior colleges, colleges and universities. School includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

   •   Semi-nude - A state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices, as applicable.

   •   Specified Anatomical Areas - Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast 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 Criminal Acts - Those offenses defined in ORC Chapter 2907, and as the same, may, from time to time be amended and similar offenses pursuant to municipal ordinances, township/county resolutions of this or any other state, the statues and regulations of any other state or of the United States or tax violations in connection with sexually oriented business.

   •   Specified Sexual Activities - Real or simulated sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities; or the fondling, intentional touching of human genitals, pubic region, buttocks, anus, or female breast; or human genitals in a state of sexual stimulation, arousal or tumescence.

   •   Substantial Enlargement of a Sexually Oriented Business - An increase in the original floor area occupied by the business by more than 15%.

   •   Transfer Control of a Business - The sale, lease, or sublease of the business; or the transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means, voluntary or otherwise; or the establishment of a trust, gift, or similar legal device, which transfers ownership or control of the business, except for transfer by bequest, or other operation of law upon the death of a person possessing the ownership or control.

Sidewalk :

The portion of the road right-of-way outside of the roadway which is improved for the use of pedestrian traffic.

Sign:

Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, or projected images.

Sign, Abandoned:

A sign that no longer carries a readable message or that directs the public to a location where goods or services advertised are no longer available.

Sign Area:

The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Chapter 1179 Sign Standards.

Sign, Awning or Canopy:

Any sign that is painted on, part of or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Sign, Banner:

Any sign of lightweight fabric or similar material that is mounted to a building or other structure at one or more edges.

Sign, Changeable Copy:

A sign such as a bulletin board, announcement board, or electronic message sign, where the message or graphics is not permanently affixed to the structure, framing, or background and may be periodically replaced or covered over by electronic or mechanical devices.

Sign, Directional:

A permanent sign located on private property, at or near the public right-of-way, directing or guiding vehicles from the street onto and off of private property.

Sign, Electronic Message:

A sign whose alphabetic, pictographic, or symbolic information content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments.

Sign Face:

The area or display surface used for the message.

Sign, Flashing:

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted intermittent light source.

Sign Height:

The vertical distance measured from the average natural grade at the base of the sign to the highest point of the sign or sign structure.

Sign, Illegal:

Any sign which is contrary to the requirements of this Code and which does not satisfy the nonconforming specifications stated in this Code.

Sign, Illuminated:

Any sign that is illuminated by any internal or external light source other than non-reflected natural daylight or ambient public street lighting.

Sign, Marquee:

A sign designed as a permanent rooflike structure extending from part of a wall of a building but not supported by the ground and constructed of a durable material.

Sign, Menu Board:

Any signage pertaining to items, goods, or services offered by a drive-through business.

Sign, Monument:

Any permanent or temporary sign placed on the ground or attached to a supporting structure (not on poles or pylons) and not attached to any building.

Sign, Moving:

Any sign or part of a sign which changes physical position by any movement or rotation or which gives visual impression of such movement or rotation.

Sign, Obscene:

A sign that depicts or otherwise communicates matter deemed obscene or harmful to juveniles under standards established by the Ohio Revise Code.

Sign, Off-Premises:

Any sign, including billboards, that advertises or otherwise directs attention to an activity not on the same lot where the sign is located.

Sign, On-Premises:

A sign, which advertises or otherwise directs attention to an activity on the same lot where the sign is located.

Sign, Outdoor Advertising:

Any sign that advertises or otherwise directs attention to an activity not on the same lot where the sign is located. This term includes "billboards".

Sign, Pennant:

Any geometric shaped cloth, fabric, or other lightweight material normally fastened to a string, rope, cable, or line which is secured or tethered so as to allow movement of the sign caused by movement of the atmosphere.

Sign, Permanent:

A sign permitted by this Code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.

Sign, Pole or Pylon:

A sign that is supported from the ground by poles or other types of individual supports.

Sign, Portable:

A sign not permanently affixed to the ground, building, or other structure, which may be moved from place to place, including, but not limited to, signs designed to be transported by means of wheels, and signs attached to or painted on a vehicle parked and visible from the public right-of-way, unless such vehicle is used in the day-to-day operations of a business.

Sign, Projecting:

A sign attached to a building and extending perpendicular from the building wall.

Sign, Roof:

Any sign erected, constructed, mounted, or maintained upon or over the roof or parapet wall of a building and having its principal support on the roof or walls of the building.

Sign, Temporary:

A sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, attached to a structure or installed in the ground.

Sign, Vehicular:

Any sign attached or applied to or painted on a vehicle for the primary purpose of advertising or directing attention to a product, service, entertainment, or commercial activity but does not include words, graphics or other communication that serves to identify the vehicle as one ordinarily and routinely used and operated in the course of the business advertised.

Sign, Wall:

A sign fastened to the wall of a building or structure (such as a fence or wall) in such a manner that the wall becomes the supporting structure for or forms the background surface of the sign and which does not project more than 18 inches from such building or structure. On a wall sign, the exposed face of the sign is in a plane parallel to the plane of said wall or structure.

Sign, Window:

A sign that is applied to or attached to the glass of a window or door, or located inside a building within two feet of a window, so that the sign is visible and capable of being read from the outside of the building.

Site, Nonconforming:

A lot where the use is a conforming use but the site does not meet the parking, signage, landscaping, lighting, architectural, or other applicable development standard, but not including any applicable site development standards.

Slaughterhouse:

An establishment where animals are butchered.

Small Wind Energy Conservation System:

An engine or motor having a drive shaft driven by the impulse air to create power for the site where such system is located. For the purposes of this zoning code, a small wind energy conservation system is one that creates under 100 Kilowatts of power and is intended for home use.

Soil:

Unconsolidated erodible earth materials consisting of minerals and/or organics.

Soil Erosion and Sediment Control Practices:

Conservation measures used to control sediment pollution, including structural practices, vegetative practices, and management techniques, commonly referred to as ESC.

Soil Stabilization:

Vegetative or structural soil cover that controls erosion and includes permanent and temporary seeding, mulch, sod, pavement, etc.

Solar Farm:

A large area containing interconnected solar panels used to capture sunlight and turn it into electricity.

Solar Panel:

Panels installed on a building or on a lot to allow for the conversion of solar energy to electrical current.

Specialized Animal Raising and Care:

The use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; stabling and care of horses; animal kennels; raising of pigeons, or any other animals or birds of a similar nature.

Stables, Private:

A building for beasts of burden to lodge and feed in, especially having stalls for horses, intended for use only by the owner or occupant of the property.

Stables, Public:

A building for beasts of burden to lodge and feed in, especially having stalls for horses, operated for remuneration.

Stockyards:

Facilities typically adjacent to a slaughterhouse, in which livestock is kept and sorted.

Storage Facility:

An establishment that provides space for the storage of goods.

Storm Water Conveyance:

All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water run-off, or for storing storm water run-off.

Storm Water Pollution Prevention Plan (SWP3):

The plan required by the Ohio EPA to meet the requirements of its NPDES Permit program for construction activities.

Stream:

A body of water running or flowing on the earth's surface, or a channel with a defined bed and banks in which such flow occurs. Flow may be seasonally intermittent.

Structural Alterations:

Any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams, or girders.

Structure:

Anything constructed, or erected, other than a building, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards, and backstops for tennis courts.

Structure, Nonconforming:

A structure that contains a use permitted and approved in the applicable zoning district that does not meet the applicable site development standards.

Subdivider:

Any person or entity commencing proceedings under this code to affect a subdivision of land.

Subdivision:

The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres, not involving any new streets or easements of access, and the sale or exchange of which does not create additional building sites, shall be exempted; or the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; or the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

Subdivision, Major:

Any subdivision that does not meet the requirements for a minor subdivision.

Subdivision, Minor:

A division of a parcel of land along an existing public street or road, not involving the opening, widening or extension of any street or road, and involving not more than five lots, any one of which is less than five acres, after the original tract has been completely subdivided.

Swimming Pool, Community or Club:

Any pool constructed by an association of property owners or by a private club, for the use and enjoyment by members of the association or club and their families.

Swimming Pool, Private:

Any indoor or outdoor structure, chamber, pool, or open tank not located within a completely enclosed building, and containing, or normally capable of containing, water to a depth at any point greater than one and one-half feet.

Tattoo/Piercing Parlor or Studio:

A business that provides tattoo or body piercing services.

Telecommunication Tower and Facilities:

Any structure or device, including accessory structures, used to receive or transmit electromagnetic waves between cellular phones, pagers, and ground wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omni-directional antennas such as whips and other equipment utilized to serve personal communication services.

Temporary Special Event:

A temporary event including, but not limited to, circuses, festivals, or concerts, that only takes place for a short period of time and is not a regular occurrence on any given site.

Temporary Storage in a Portable Container:

The temporary storage of materials in a large metal or wooden container, typically intended for transport by large truck, train, or ship.

Tennis Court or Other Game Courts:

A specifically marked horizontal, generally hard surfaced area designed for playing tennis, racquetball, basketball or other sports played on a court.

Tourist Home:

A building, other than a hotel, where lodging and meals are provided and offered to the public for compensation for not more than 15 individuals, and which is open to transient guests.

Trailer:

Recreational vehicle constructed with integral wheels to make it mobile and intended to be towed by a passenger car, station wagon, light pick-up truck, or similar motor vehicle, but not including truck tractors of any type.

Trailer, Boat, Float, Raft, or Snowmobile:

A vehicle on which a boat, float, raft, or snowmobile may be transported and which is towable by a passenger car, station wagon, pick-up truck, or mobile recreational vehicle.

Trailer, Camping:

A type of trailer or trailer coach, the walls of which are constructed as to be collapsible and made out of either canvas or similar cloth, or some form of rigid material such as fiberglass, plastic, or metal. The walls are collapsed while the recreational vehicle is being towed and are raised or unfolded when the vehicle becomes temporary living quarters and is not to be moved.

Trailer Coach:

See "Trailer".

Trailer, Fifth Wheel:

See "Trailer".

Trailer, Small Utility:

Any trailer drawn by a passenger automobile and used for the occasional transport of personal effects.

Transportation Equipment Sales and Repair:

A use or establishment devoted to the sale or rental of and providing minor service for equipment for use in transporting persons or property for substantial distances, such as buses, trucks, truck tractors, truck trailers, chassis, reusable cargo shipping containers, aircraft, and ships.

Transportation Terminal:

A use or establishment devoted solely to the storage or parking of trucks and trailers without any goods or materials in storage facilities located on the premises.

Truck Cab:

See "Camper, Pick-Up (Slide-In)".

Truck Wash:

See "Car Wash".

Truck, Trailer, and Farm Implement Sales and Service:

Any business where the primary business is the sales and/or service of trucks, trailers, and farm implements, whether new or used.

Trucking Terminal:

Either end of a carrier line (e.g. a railroad, a trucking or shipping line or an airline) with classifying yards, dock and lighterage facilities, management offices, storage sheds and freight and passenger stations; or a freight or passenger station that is central to a considerable area or serves as a junction at any point with other lines.

Use:

Any purpose for which a lot, building, or other structure, or a tract of land may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

Use, Conditional:

A use, not permitted by right, that has a particular impact on the surrounding area or neighborhood that cannot be predetermined and controlled by general regulations. These uses are subject to the review and approval by the Planning Commission. A conditional use is not considered to be a nonconforming use.

Use, Nonconforming:

The use of land or a building, or a portion thereof, which does not conform to the use regulations of the district in which it is situated.

USEPA:

The United States Environmental Protection Agency.

Van, Converted or Chopped:

See "Bus, Converted or Chopped".

Variance:

A modification of the terms of this code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this code would result in unnecessary and undue hardship.

Variance, Area:

A variance of the bulk, height, area, yard, dimensional and other non-use specifications established in this Code.

Variance, Use:

A variance which permits an applicant to engage in an activity or use of property other than that permitted in the zoning district in which the property is located.

Vehicular Use Area:

Any paved ground surface area, except public rights-of-way, used by any type of vehicle, whether moving or at rest for the following purposes, but not limited to driving, parking, loading, unloading, storage or display.

Wall Offset:

Projections or recesses organized in a random or repeating pattern along a building wall used to visually interrupt the mass of the façade plane.

Wall Opening:

Openings in a façade wall that may include windows or doors.

Warehousing and Distribution:

The bulk storage of goods, for persons other than the owner of the warehouse.

Water Resources:

All streams, lakes, ponds, wetlands, watercourses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or area within its jurisdictions, except those private waters which do not combine or affect a junction with natural surface waters.

Watercourse:

Any natural, perennial, or intermittent channel with a defined bed and banks, stream, river, or brook.

Watershed:

The drainage basin in which the subdivision or other area drains or that land whose drainage is affected by the subdivision or other area.

Wetland:

Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas. Wetlands shall be delineated by a site survey and approved by the City using delineation protocols accepted by the U.S. Army Corps of Engineers and the Ohio EPA at the time of application of this Code. If a conflict exists between the delineation protocols of these two agencies, the delineation protocol which results in the most inclusive area of wetlands shall apply.

Wetland Setback:

Those lands adjacent to wetlands where earth disturbing activities will not take place and natural vegetation will not be removed.

Wing Wall:

A wall secondary in scale projecting from a primary wall and not having a roof.

Winter:

October 1st to April 1st of each year.

Wholesale Business:

Commercial activity involving the transfer of title to goods, generally in bulk, for the purpose of resale.

Yard:

A required open space, unoccupied and unobstructed by any structure or portion of a structure.

Yard, Front:

A yard extending from the principal building to the front lot line and which extends between the side lot lines.

Yard, Rear:

A yard extending from the principal building to the rear lot line and which extends between the side lot lines.

Yard, Side:

A yard extending from the principal building to the side lot line on both sides of the principal building.

Zoning Commissioner:

A person appointed by the Mayor and City Council to perform the duties of the Zoning Commissioner.

Zoning District:

An area within the City of Defiance for the regulations and requirements governing each class or kind of building or other structure or use are uniform. The boundaries of zoning districts are shown on the Zoning Map.

Zoning Map:

The Official Zoning Map of the City of Defiance.

Zoning Map Amendment:

An amendment or change to the Official Zoning Map of the City of Defiance reviewed and decided upon by the city council in accordance with Section 1165.03 Zoning Text and Map Amendments.

Zoning Permit:

A permit issued by the Zoning Commissioner stating that the proposed erection, construction, enlargement or use of a building, structure or premises referred to therein complies with the provisions of this Code.

Zoning Text Amendment:

An amendment or change to the text of this Code reviewed and decided upon by the City Council in accordance with Section 1165.03 Zoning Text and Map Amendments.

(Ord. 7675. Passed 11-11-14.)

CODIFIED ORDINANCES OF DEFIANCE