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(a) For the purposes of this UDO, the following terms, phrases, words and their derivations shall be interpreted as follows:
(1) Words used in the singular shall include the plural, and the plural the singular;
(2) Words used in the present tense shall include the future tense;
(3) Words in the masculine gender shall include the feminine;
(4) The words "shall" and "will" are mandatory and not discretionary;
(5) The word "may" is permissive;
(6) "Person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual;
(7) "Used" or "occupied" includes "intended," "designed" or "arranged to be used or occupied;"
(8) "Building" includes "structure" and "structure" includes "building;"
(9) "Dwelling" includes "residence" and "residence" includes "dwelling;" and
(10) "Lot," "plot" and "parcel" are interchangeable.
(b) In case of any difference in meaning or implication between the text of this UDO and any caption or illustration, the text shall control.
(c) Terms not herein defined shall have the meaning customarily assigned to them.
In addition, as used in this UDO:
001. Acceptance of Application - An application is not accepted by the City until all the information required for submittal is provided and verified by the applicant.
002. Acceptance of Public Way or Right-of-Way or Utility - No public way, right-of-way, street or utility (including, but not limited to, water and sewer) shall be considered accepted by the City until such improvements have been constructed, inspected by the City Engineer or his designee, and formally accepted, by ordinance, by City Council.
003. Accessory Building - A detached subordinate structure, the use of which is incidental to that of the principal structure, located on the same lot as the principal structure (See also DETACHED GARAGES AND SHEDS and GARAGE, PRIVATE).
004. Accessory Use - A use or building on the same lot as the principal use and of a nature customarily incidental, and subordinate to, the main use or building.
005. Activity Space - Floor space provided in a child-care facility that is designed, intended for use, or primarily used for open play or general care area.
006. Adjacent - For the purposes of this UDO, a subject property is adjacent to another property or a Zoning District when it is contiguous to the other property, across the street from the other property, or across a railroad right-of-way from the other property.
007. ADT - Average daily traffic volumes of vehicles on a street.
008. Adult Arcade - Any place to which the public is permitted or invited where either or both (a) motion picture machines, projectors, video or laser disc players, or (b) other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five (5) or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
009. Adult Bookstore and Media Store - A commercial establishment in which forty percent (40%) or more of its stock in trade constitutes, and/or forty percent (40%) or more of its public floor area displays or contains, adult media or sexully oriented novelties or toys.
010. Adult Cabaret - A nightclub, bar, restaurant, or similar commercial establishment that regularly features:
(a) Persons who appear in a state of nudity or state of semi- nudity; or
(b) Live entertainment characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
(c) Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or
(d) Exhibiting films, motion pictures, video cassettes, video discs, DVDs, CDs, slides or other photographic or electronic reproductions, whether analog or digital, that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
011. Adult Family Home - A residence or facility licensed under Ohio Revised Code that provides accommodations for three to five (3-5) unrelated adults and supervision and personal care services to at least three of those adults.
012. Adult Group Home - A residence or facility licensed under Ohio Revised Code that provides accommodations for six to sixteen (6-16) unrelated adults and supervision and personal care services to at least three of the unrelated adults.
013. Adult Media - Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, DVDs and CDs or other devices used to record images, that are distinguished or characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
014. Adult Motel - A hotel, motel or similar commercial establishment that:
(a) Offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or
(b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours: or
(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.
015. Adult Motion Picture Theater - A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
016. Adult Theater - A theater, concert hall, auditorium, or similar commercial establishment that regularly features (a) persons who appear in a state of semi-nudity, (b) live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities, or (c) live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment.
017. Agriculture - The use of land for such purposes as agriculture, dairy family, floriculture, horticulture, pasture, viticulture, animal husbandry and the necessary accessory uses for packing, treating or storing animal products, grain and produces; however, the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
018. Alteration - Any change, addition or modification in construction or type of occupancy; or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed."
019. Ancillary Business Offices - An office use that is (a) subordinate in area, extent and purpose to the principal use, (b) contributes to the comfort, convenience, efficiency or necessity of the principal use, and (c) is located on the same lot and in the same Zoning District as the principal use.
020. Antenna - Any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiates or captures electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals), wireless telecommunications signals or other communication signals.
021. Antenna Support Structure - Any building or other structure, other than a tower, that can be used for location of Wireless Telecommunications Facilities.
022. Appeals Board - The quasi-judicial board, appointed in accordance with the City Charter that hears and decides variance applications, hears and decides appeals of any administrative zoning decision by any City official, and reviews and resolves disputes over the interpretation of this UDO, all as outlined in this UDO.
023. Applicant (or owner) - The owner(s) of the property, or their designated representative(s), who applies for a certificate of zoning compliance, zoning amendment, subdivision, Conditional use, variance or other approval pursuant to this UDO.
024. Application - The process by which an applicant submits a request and indicates a desire to be granted approval under the provisions of this UDO. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City concerning such a request.
025. Approval Authority - An official, organization, group, board or other authority designated to review and approve/disapprove applications.
026. Aquifer - A geologic formation, group of geologic formations, or part of a geologic formation that contains enough saturated permeable material to yield significant quantities of water.
027. Arts and Crafts Studio - A commercial establishment that provides, as its primary activity, goods produced on the premises for retail sale to the general public on the premises. Such use is completely enclosed in a building and does not use equipment that would cause noxious effects, such as smoke, odor or noise that would be deterred on surrounding properties. Examples include uses such as, but not limited to, art studios and pottery shops.
028. Assembly Space - Floor space provided in a building that is designed, intended for use, or used primarily for group assembly, including space with both fixed and movable seating.
029. Assisted-Living, Life Care or Continuing Care Facilities - A residential facility, other than a single-family home, for the aged or infirm, or any other reasonably independent person in need of limited care, that provides health monitoring services and assistance with daily activities, such as taking medicine, meals, dressing, grooming, and bathing; and may provide other services, such as recreational, social, educational and cultural activities, transportation and financial services, and which is not equipped for surgical care or for treatment of acute disease or serious injury, and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction.
030. Authorized Agent - An official, organization, or group designated to provide technical guidance in the development and implementation of Site Development and Storm Water Pollution Prevention Plans and to review and approve/disapprove such Plans as authorized.
031. Automobile - See GASOLINE SERVICE STATION, MOTOR VEHICLE and VEHICLE.
032. Awning - "See Canopy definition".
033. Banner - A non-rigid cloth, plastic or canvas sign typically related to a special event or promotion. National flags, state or municipal flags shall not be considered banners. The official flag of any institution or business shall not be considered a banner.
034. Bar (or Tavern) - A commercial establishment that provides, as its primary activity, the sale of alcoholic beverages for consumption on the premises inside of a building.
035. Bed and Breakfast - An existing single-family residence that provides one to three rooms (limited to two persons or one family per unit/room) for occasional paying guests on an overnight basis, for periods not to exceed seven (7) days, with breakfast being available on premises at no additional cost.
036. Billboard - An off-premise outdoor ground sign exceeding fifty (50) square feet in area.
037. Block - An area of land within a subdivision that is entirely bounded by streets or highways (except alleys) or a combination of streets, highways or ways and/or rivers, streams, railroad rights of way or other exterior boundaries of the subdivision.
038. Boarding House - A residential facility that provides not more than five (5) sleeping rooms for rent. Such rooms shall not have individual cooking facilities.
039. Buffer - A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited (See GREENBELTS).
040. Buffer Lot - A lot on a plat across the end of a street proposed to be extended by future platting, or a lot along the length of a street where only part of the width has been dedicated, retained by the owner but conditionally dedicated on the plat for street purposes when the street is extended or widened.
041. Buffer Yard - Landscape areas adjoining or surrounding a land use and unoccupied in its entirety by any building or structure.
042. Building - Any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When separated by a firewall, each portion of such building so separated shall be deemed as a separate building.
043. Building Frontage - The wall of the building that determines where signs may be placed and the total allowable area of such signs. Only walls that face a street, driveway or parking lot that serves the use shall be considered as building frontage, as determined by the Zoning and Building Official. Building frontage shall be measured for the length of the building occupied by the use or tenant(s), and shall be computed as near to ground level as computation of horizontal distance permits. In cases where this test is indeterminate or cannot be applied, as for instance where there is a diagonal corner entrance, the Zoning and Building Official, in his sole discretion, shall select building frontage on the basis of interior layout of the building, traffic on adjacent streets or other indicators.
044. Building Height - The vertical distance measured from the established grade to the highest point of the roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the building wall.
045. Building Line - A line established on a parcel which is parallel to a street right-of-way line for the purpose of prohibiting construction of a building between such line and an easement, right-of-way or public area.
046. Business Retail - A commercial establishment that provides, as its primary activity, sales of goods to other commercial establishments. Such use is completely contained within a building. Examples of such uses include, but are not limited to, office furniture stores and office supply stores.
047. Business Service - A commercial establishment that provides, as its primary activity, sales of services to other commercial establishments. Such use is completely contained within a building. Examples of such uses include, but are not limited to, uniform and linen services.
048. Business Sign - A sign directing attention to a business, product, service or activity conducted or sold on the lot where the sign is displayed.
049. Canopy - A projection from a building made from any material, which is cantilevered, suspended or supported on columns intended only for shelter or ornamentation.
050. Canopy Sign - A sign directing attention to a business, product, service or activity conducted or sold on the lot where the sign is displayed that is mounted on a marquee, attached to or printed on the fascia or valence of a canopy or marquee, or hanging from the soffit (i.e. underside) of such structure.
051. Cemeteries - Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries, if operated in connection with and within the boundaries of such cemetery.
052. Changeable Copy Sign (manual) - A sign, or portion thereof, on which characters, letters, or illustrations are changed manually in the field without altering the face or surface of the sign, including without limitation, a reader board with changeable letters.
053. Changeable Copy Sign (mechanical or electronic) - A sign, or portion thereof, on which characters, letters, or illustrations are changed mechanically or electronically in the field without altering the face or surface of the sign, including without limitation, an electronic or mechanical message center.
054. Church and Similar Place of Worship - A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Nursery, kindergarten, day care and compulsory (grades 1 through 12) schools may be permitted as accessory uses to a church.
055. City - The incorporated municipality of Eaton, Ohio. For the purposes of this UDO, the term "City" shall also include Eaton City Council, Planning Board, Appeals Board, Technical Review Committee, the Historic District Review Board and/or City administrative staff or employees.
056. City Engineer - The person holding the title of City Engineer of the City of Eaton, or his designee.
057. City Manager - The person holding the title of City Manager of the City of Eaton, or his designee.
058. Clear Sight Triangle - The triangular area formed by a diagonal line connecting two points located on intersecting lines of a right-of-way, easement of access, or pavement edge of an access drive, each point being twenty (20) feet from the intersecting lines and extending vertically from a height of three (3) feet above grade to ten (10) feet above grade.
059. Colleges and Universities - An institution, other than a trade school, that provides full-time or part-time education beyond high school.
060. Co-location - The use of a wireless telecommunications facility by more than a single wireless telecommunications provider.
061. Commercial Entertainment - A commercial establishment that provides, as its primary activity, space for various types of sporting and/or leisure activities. Such use is completely contained within a building. Examples of such uses include, but are not limited to, skating rinks, bowling alleys, indoor playgrounds and movie theaters.
062. Commercial Training - A commercial establishment (excluding any high schools, colleges or university) that provides, as its primary activity, any type of training, vocational, self-help or special interest to the general public for a fee. Such use is completely contained within a building. Examples of such uses include, but are not limited to, dance studios, beauty schools, and martial arts studios.
063. Common Open Space - Squares, greens, neighborhood parks, City parks, and linear environmental corridors, which may be owned and maintained by the City of Eaton.
064. Community Alternative Home - A residence or facility licensed under Ohio Revised Code that provides accommodations, personal assistance, and supervision for three to five (3-5) unrelated individuals who have acquired immunodeficiency syndrome or a condition related to acquired immunodeficiency syndrome.
065. Community Center - A place, structure, area or other facility used for social and recreational programs open to the public and designed to accommodate and serve significant segments of the community. A community center may also be referred to as a convention center or a civic center.
066. Comprehensive Development Plan or Comprehensive Land Use Plan - The plan, which may consist of several maps, data and other descriptive matter, for the physical development of the City and which has been adopted by the Planning Board and Council to indicate the general locations for proposed planning areas, major streets, parks, schools, public building sites and other similar information.
067. Conditional Use - A use that may be permitted within a Zoning District (other than a principally permitted use), which is required to fulfill additional requirements because of its potential impact on the surrounding community. Such a use requires application for a Conditional use and approval by the Planning Board.
068. Conservation Development (or Planned Residential Conservation Overlay District) - A contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated with more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve open space and existing natural resources.
069. Construction Sign - A sign directing attention to construction upon property where the sign is displayed, and bearing the name, address, sub-lot number or other identifier of the contractor.
070. Consumer Retail - A commercial establishment (excluding a restaurant or vehicle dealer) that provides, as its primary activity, sales of goods to the general public. Such uses generally require locations on or near major thoroughfares or their intersections. Such use is completely contained within a building. Examples of such use include, but are not limited to, supermarkets, stores that sell hardware, apparel, footwear, jewelry, toys, sporting goods, automotive parts, cosmetics and toiletries, and appliances and home furnishings, department stores and discount stores.
071. Convenience Store - A retail sales business that sells household consumer merchandise, beverages, cigarettes, packaged foods, and/or the preparation and sales of delicatessen sandwiches, ice cream counters or other foods, and other related items. (See also GASOLINE SERVICE STATIONS/CONVENIENCE STORES).
072. Council - The Council of the City of Eaton, Ohio.
073. Covering - Any clothing or wearing apparel, including pasties, but not limited to and including any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.
074. Critical Storm - A storm that is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.
075. Crosswalk - A right-of-way, dedicated to public use, which crosses a block to facilitate pedestrian access to adjacent streets and properties.
076. Crown - The upper mass or head of a tree.
077. Cultivar - A cultivated variety of plant material grown for its special form and characteristics.
078. Cul-de-sac - A short street having one open end and being permanently terminated by a vehicular turn-around.
079. Curb Radius - The curved edge of streets at an intersection measured at the outer edge or face of the street curb or of the parking lane.
080. Cut - An excavation; the difference between a point on the original grade and a designated point of lower elevation on the final grade.
081. Day Care Center, Adult - Any place where adult day care services are provided, with or without compensation, for a daily average of five (5) or more adults, excluding relatives of the owner or administrator of the center.
082. Day Care Center, Child - Any place where child day care and/or learning experiences are provided, with or without compensation, for a daily average of five (5) or more infants, preschool children or school-age children (outside of school hours), excluding children of the owner or administrator of the center.
083. Deciduous - Plant material that normally sheds its foliage at the end of the growing season.
084. Deck - A platform, without a roof, that is either (a) freestanding or directly adjacent to a principal building, or (b) attached to the building.
085. Dedication - The granting, by the property owner, of land by fee simple, or an easement therein, for the use of the public and accepted by Council for such use by, or on behalf of, the public.
086. Detached Garages and Sheds - A building or structure, or part thereof, used or designed to be used for parking and storage (See also ACCESORY BUILDING and GARAGE, PRIVATE).
087. Detention Basin - A normally dry bottom impoundment area created by constructing an embankment, excavating a pit, or both, for the purpose of temporarily storing stormwater and gradually releasing the stored water at a controlled rate.
088. Detention Facility - A detention basin or alternative structure designed to temporarily store stormwater runoff and gradually release the stored water at a controlled rate.
089. Developer - Any person, corporation, association, partnership or other entity who creates or proposes to create a residential, commercial, industrial or mixed use development, all or a portion of which will be located within the City of Eaton.
090. Development Area - Any contiguous area owned by one person or operated as one development unit included within the scope of the regulations of this UDO, upon which earth-disturbing activities are planned or underway.
091. Development Plan - A plan submitted with an application for a Planned Unit Development Overlay District Application, in accordance with the requirements of Section 1109.05 of this UDO, or a Planned Residential Conservation Overlay District Application, in accordance with the requirements of Section 1109.06 of this UDO.
092. District (or Zoning District) - A portion of the incorporated area of the City within which certain regulations and requirements, or various combinations thereof, apply under the provisions of this UDO.
093. Direct Recharge Area - That portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
094. Directional Sign - A sign intending to direct the safe flow of vehicular and pedestrian traffic, including, but not limited to, "enter," "exit," "one way" and "narrow" signs.
095. Drive-Through Retail - A commercial establishment that provides either all or some portion of its goods and/or services for use to the general public at an outside service window or drive-through bays. Such goods and services may also be obtained inside the building. Examples of such uses include, but are not limited to, drive-through party stores, banks with drive-throughs, freestanding ATM's, and/or car washes, whether automatic or manual, but does not include food-related retail (See also FAST FOOD RESTAURANTS).
096. Dwelling or Dwelling Unit - Any building or portion thereof designed, intended or used primarily for residential purposes (i.e., human habitation), including cooking and sanitary facilities. The term does not include a tent, cabin, trailer, mobile home, motel or hotel. For the purposes of this UDO, dwellings shall be defined as the following types:
(a) Dwelling, Multifamily - A building or portion thereof designed, intended or used primarily for residential purposes to be occupied by more than three (3) families living independently of one other.
(b) Dwelling, Row House (or Town House) - A building or portion thereof designed, intended or used primarily for residential purposes. Row house dwellings are situated so that their sidewalls are shared with other like structures, all having their own separate entrances and being separate lots of record.
(c) Dwelling, Single-Family - A building designed, intended or used primarily for residential purposes to be occupied by one (1) family.
(d) Dwelling, Three-Family - A building or portion thereof designed, intended or used primarily for residential purposes to be occupied by not more than three (3) families living independently of one another.
(e) Dwelling, Two-Family - A building or portion thereof designed, intended or used primarily for residential purposes to be occupied by two (2) families living independently of one another.
(f) Dwelling Unit, Upper Floor - A single unit or multiple units above ground level or on the first story of an existing structure providing complete, independent living facilities for one or more persons and including the permanent provision for living, sleeping, eating, cooking and sanitation.
097. Earth-Disturbing Activity - Any grading, excavation, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
098. Easement - A right-of-use over or in the property of another, granted by the owner for specific public or semi-public purposes and accepted by Council for such use by, or on behalf of, the public.
099. Efficiency or Efficiency Unit - Efficiencies shall be regulated by the City of Eaton Property Maintenance Code, and those provisions of the Property Maintenance Code regulating efficiencies shall take precedence over the provisions of this UDO.
100. Elderly Housing - An age-restricted residential development in any housing form that qualifies for an exemption as "housing for older persons" under the federal Fair Housing Amendments Act of 1988, 42 U.S.C. section 3607(b), and any amendments thereto.
101. Elementary School - A school or institution serving students between kindergarten through sixth grade.
102. Emergency - A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, which calls for immediate action.
103. Engineer - Any engineer licensed by the State of Ohio.
104. Equipment Shelter and/or Cabinet - The structure in which the electronic receiving and relay equipment for a Wireless Telecommunications Facility is housed.
105. Essential Services - The erection, construction, alteration or maintenance by public utilities or by governmental entities of underground, surface or overhead gas, electrical, telephone, telegraph, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith (but not including buildings) that are necessary for the furnishing of adequate service by such utilities or governmental entities for the general health, safety or welfare.
106. Evergreen - Plant material that has foliage that remains green throughout the year.
107. Excavation - Any breaking of ground except common household gardening and ground care.
108. FAA - The Federal Aviation Administration, and any legally appointed, designated or elected agent or successor.
109. FCC - The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
110. Family - One or more persons occupying a single dwelling unit, provided that unless all person are related by blood, marriage or adoption, no family shall contain over five (5) persons, but further provided that a family related by blood, marriage or adoption may have a total of two (2) non- related persons living with it.
111. Family Home for the Physically and Developmentally Disabled - A residential facility licensed under Ohio Revised Code that provides room and board, personal care, habilitation services and supervision in a family setting for at least six, but not more than eight persons (6-8), with developmental disability.
112. Farm Market - The offering for sale of fresh agricultural products directly to the consumer in an open-air market.
113. Fast Food Restaurants - An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state of consumption within the restaurant building, within a motor vehicle parked on the premises, or off the premises as a carry-out order, and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic or other disposal containers. Examples of such uses include drive-through restaurants that prepare and/or dispense food or beverages and do not provide a place for all its customers to eat inside the building, or which serve food or beverages for carry out, or drive-in eating and drinking places, establishments where customers may serve themselves and may eat or drink the food or beverages on the premises, and ice cream stands.
114. Fill - Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions; The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.
115. Final Plat - A final map of all or part of the subdivision prepared and certified by a registered engineer or land surveyor in accordance with the requirements and regulations of this UDO, which is submitted to the City for final approval before recording at the office of the County Recorder.
116. Five-Year Capture Area - The area around protected public water supply well fields delineated by the five-year travel time contour.
117. Flag - Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of domestic government, political subdivision or other governmental agency, and attached to or designed to be flown from a flagpole or similar device.
118. Flag, International - Any fabric, banner or bunting containing distinctive colors, patterns or symbols, used as a symbol of a foreign country or government, and attached to or designed to be flown from a flagpole or similar device.
119. Flashing - A sign or graphic which in any manner, as a whole or in part, physically changes in light intensity or gives the appearance of such change.
120. Flashing Sign - Any illuminated sign that exhibits changing light of color effects.
121. Floor Area, Gross - The sum of the horizontal areas of each floor of a building, measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. The gross floor area measurement is exclusive of areas of unfinished basements, unfinished cellars, unfinished attics, attached garages, space used for off-street parking and loading, breezeways, porches and decks, and accessory structures. Unfinished basements, unfinished cellars, and unfinished attics shall be counted as storage space for purposes of determining parking.
122. Floor Area, Seating Capacity - Floor area that is used or intended for use to serve patrons, clients or customers and all that area devoted to employee workspace. Such floor area as is used or intended to be used principally for the storage or merchandise, hallways, elevator or stair bulkheads or for utilities or sanitary facilities shall be excluded from the computation of floor area. Measurement of useable floor area shall be the horizontal areas of the several floors of the buildings, measured from the exterior faces to the exterior walls.
123. Food Service/Catering - Establishments that prepare, as their primary economic function, meals, snacks, and beverages for immediate consumption that are transported to an off-premises site or at banquet halls with catering staff. Examples of events catered by these establishments include weddings, trade shows, parties and luncheons.
124. Foster Family Home for the Physically and Developmentally Disabled - A residential facility licensed under Ohio Revised Code that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than five (5) persons with a developmental disability.
125. Foster Home, Certified - A private residence certified under Ohio Revised Code in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children nonsecure care, supervision, or training twenty-four (24) hours a day. "Foster home" does not include care provided for a child in the home of a person other than the child's parent, guardian, or legal custodian while the parent, guardian, or legal custodian is temporarily away.
126. Game Court - A recreational facility designed to be used for court games, including tennis, racquetball, basketball and volleyball. "Game court" includes both indoor and outdoor facilities.
127. Garage Parking - A space, structure or series of structures for the temporary storage or parking of motor vehicles, which is not primarily for commercial vehicles or for dead storage of vehicles, and which has no public shop or service in connection therewith, other than for supplying motor fuels and lubricants, air, water and other operating commodities wholly within the buildings to the patrons of the garage only, which commodities are not readily visible from or advertised for sale on the exterior of the building.
128. Garage, Private - An accessory building or portion of a main building designed or used for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building to which it is accessory.
129. Garage, Service - Any premises used for the storage or care of motor- driven vehicles, or where any such vehicles are equipped for operation, repaired or kept for remuneration, hire or sale.
130. Gasoline Service Stations - An establishment or business with one or more fueling positions and of which the sale and storage of automotive fuel to the public is the principal activity.
131. Gasoline Service Stations/Convenience Stores - An establishment or business with one or more fueling positions, the business of which is the sale and storage of automotive fuel to the public and offering for retail sale other related motor vehicle products, household consumer merchandise, beverages, cigarettes, packaged foods, and/or the preparation and sales of delicatessen sandwiches, ice cream counters or other foods, and other related items. (See also CONVENIENCE STORE).
132. General Industry - A commercial establishment that provides, as its primary activity, space for the assembly or processing of goods or products for sale. Such use may have outdoor storage and/or operation space. Examples of such uses include automotive assembly and other goods produced by factory assembly.
133. General Retail - A commercial establishment (excluding a restaurant or motor vehicle) that has, as its primary activity, the sale of goods to the general public. Such use may include some outside display and/or storage space. Examples of such uses include garden shops, building supply stores and contractor showrooms.
134. Golf Course - A tract of land laid out with at least nine (9) holes for playing a game of golf and improved with trees, greens, fairways and hazards. A golf course may include a clubhouse and shelters as accessory uses (See also RECREATION, COMMERCIAL).
135. Grade (ground level) - The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five (5) feet of a sidewalk, the above ground level shall be measured at the sidewalk, unless otherwise defined within this UDO.
136. Greenbelts - A strip or parcel of land, privately restricted or publicly dedicated as open space, located between a residential development and other incompatible uses, for the purpose of protecting and enhancing the residential environment (See also BUFFER).
137. Grocery Food and Beverage - Establishments that retail food and beverage merchandise from fixed point-of-sale locations and that have special equipment (e.g., freezers, refrigerated display cases and refrigerators) for displaying food and beverage goods. Such establishments have trained staff in the processing of food products to guarantee the proper storage and sanitary conditions required by regulatory authority.
138. Ground Satellite Station - Any antenna or earth station designed, constructed or modified to bring in or receive satellite television signals.
139. Ground Sign - A permanent sign supported by one or more poles, posts or braces permanently anchored or secured to the ground. Such signs shall be flush with the base, which shall be brick or concrete, and shall not exceed four (4) feet for the actual sign together with two (2) feet of mounding, for a total height of six (6) feet in height from the ground to the top of the sign, as measured from the grade. Permanent residential subdivision or planned unit development identification signs shall be ground signs.
140. Group Home - See ADULT FAMILY HOME (3-5 persons); ADULT GROUP HOME (6-16 persons); COMMUNITY ALTERNATIVE HOME (3-5 persons); FAMILY HOME FOR THE PHYSICALLY AND MENTALLY DISABLED (6-8 persons); FOSTER FAMILY HOME FOR THE PHYSICALLY AND MENTALLY DISABLED (1-5 persons); and GROUP HOME FOR THE PHYSICALLY AND MENTALLY DISABLED (9-16 persons).
141. Group Home for the Physically and Developmentally Disabled - A residential facility licensed under Ohio Revised Code that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than sixteen (9-16) persons with a developmental disability.
142. Half Street - A street having a lesser right-of-way width than required for a street of full width.
143. Hard Surface - A bituminous surface, Portland cement concrete, brick pavers or other surface as approved by the City Engineer. "Hard Surface" does not include gravel.
144. Health and Personal Care Services - A business whose primary activity is the provision of services to the public or its members for the provision of personal care services or health maintenance services, and may include the sale of goods as a secondary activity. Examples of such uses include spas, salons, exercise facilities, and weight management centers.
145. Health Care and Human Services - A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human needs including, but not limited to, diagnostic centers, treatment centers, rehabilitation centers, extended care centers, intermediate care facilities, outpatient services or central service facilities serving one or more institutions.
146. Health Commissioner - The Preble County Commissioner of Health or his authorized representative.
147. Height, or Above Ground Level (AGL) - When referring to a tower or other structure, the distance measured from the finished grade at the base of the tower/structure to the highest point on the tower or other structure, including the base pad and any antenna.
148. Home Occupation Type-A/Family Home Occupation - A Home Occupation Type-A shall be considered an accessory use not requiring a Conditional Use Permit (See Section 1113.03 of this UDO).
149. Home Occupation Type-B/Retail Home Occupation - A Home Occupation Type-B requires a Conditional Use Permit (See Section 1113.03 of this UDO).
150. Homeowner's Association - A private, nonprofit corporation of homeowners established by a developer or group of developers, with local government approval, whose purpose is to own, operate and maintain various common properties, including, but not limited to, open space, private streets and recreation facilities. The association/corporation holds title to common property.
151. Hospital or Sanitarium - An establishment for the medical, surgical or psychiatric care of bed patients for a continuous period longer than twenty- four (24) hours, which is open to the general public twenty-four (24) hours each day for emergency care, has a minimum of ten (10) patient beds, an average of two thousand (2,000) patient days per annum, and has on duty a registered nurse twenty-four (24) hours each day.
152. Hotel/Motel - A building occupied as the more-or-less temporary abiding place of individuals who are lodged with or without meals in which there are ten (10) or more sleeping rooms and no provision made for cooking in any individual room or apartment. A hotel may include restaurants or cocktail lounges, public banquet halls, ballrooms or meeting rooms.
153. Incorporated Territory - Land included within the boundaries of the City.
154. Informational Sign - A sign conveying a message relative to a danger or hazard existing on the property, or indicating a condition on the property that requires the exercise of ordinary due care, or providing public safety information, or other public information.
155. Identification Sign - A sign, other than a nameplate sign, indicating the identity or name, whether through logo, type, graphics or other symbols, address and activity occupying the building, store, service or establishment.
156. Illuminated Sign - A sign that has characters, letters, figures, designs or an outline illuminated by electric lights or luminous tubes as a part of the sign proper, or that is illuminated by the reflector method.
157. Informational Window Sign - Window signage with a total area of four (4) square feet or less and bearing only information about entry and exit, business hours, authorized service representative information and/or discount and credit systems accepted in that establishment.
158. In-Law Suites - A secondary dwelling unit established in conjunction with, and clearly subordinate to, a primary dwelling unit, which is only occupied by a member(s) of the family of the dwelling's owner(s), who is related to the owner(s) by blood, marriage or adoption.
159. Joint Identification Sign - A sign intended to provide the identity or name, whether through logo, type, graphics or other symbols, for two (2) or more uses within one building or on one property or the name of the building or its address for property occupied by two (2) or more businesses.
160. Junior High School - A school/institution serving students between seventh and eighth grade, or between seventh and ninth grade.
161. Kennels - Any premises where domestic animals, such as dogs and cats, are boarded, trained or bred.
162. Landfill - The burial of non-hazardous and non-medical farm, residential, institutional, commercial or industrial waste.
163. Landing Field - A specific area designated for the take-off and landing of aircraft.
164. Landscaping - The use of natural plant materials including, but not limited to, groundcovers, shrubs, and trees (deciduous and evergreen). Landscaping also involves the placement, preservation and maintenance of said plant materials and includes such elements as fences, walls, lighting and earth mounding.
165. Large Format Retail - A business that exceeds 50,000 gross square feet, excluding outside sales or storage, restrooms and other non-public areas.
166. Light Industry - A commercial establishment that provides, as its primary activity, space for the assembling or processing of goods for sale that do not, by the nature of the processing functions, produce any heat, noise, odor or other objectionable effects on the outside of the building. All operations are carried on in a completely enclosed building. Examples of such uses include beverage bottling, food processing and electrical work.
167. Live Viewing Booth - Any private or semi-private booth, or any viewing room of less than one hundred fifty (150) square feet of floor space, to which the public may gain admittance, wherein a live performance is presented to five (5) or fewer persons at any one time.
168. Loading Space - An off-street space on the same lot with a building or group of buildings for the temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
169. Lot - A parcel of land occupied, or to be occupied by, a main building, or a group of such buildings and accessory buildings, or used for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this UDO. Every lot shall abut upon and have permanent access to a public street and have a minimum frontage of forty feet thereon.
(a) Corner Lot: A lot that has at least two (2) contiguous sides abutting upon a street for its full length.
(b) Interior Lot: A lot other than a corner or through lot.
(c) Through Lot: Any interior lot having frontages on two more-or-less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of such lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
170. Lot Area - The total horizontal area within the lot lines of a lot.
171. Lot Coverage - The part or percent of a lot occupied by buildings, including accessory buildings.
172. Lot Depth - A distance measured in the mean direction of the side lot lines from the mid-point of the front lot line to the mid-point of the rear lot line.
173. Lot Line - The lines bounding a lot or, in some instances, the right-of-way line or public easement line on a lot.
174. Lot Line, Front - The line separating a lot from the street. In the case of a corner lot or double frontage lot, the front lot line means the line separating such lot from both streets.
175. Lot Line, Rear - The lot line opposite the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten (10) feet long, lying farthest from the front lot line and wholly within the lot. In the case of a corner lot, the rear lot line is opposite the front lot line of least dimension.
176. Lot Line, Side - Any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
177. Lot of Record - A parcel of land, the dimensions of which are shown on a document or map on file with the Preble County Recorder's Office or in common use by City or County officials, and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.
178. Lot Width - The horizontal distance between the side lot lines, measured at the two points where the building line or setback line intersects the side lot lines.
179. Main Building - A building in which is conducted the principal use of the lot upon which it is situated.
180. Main Use - The principal use to which the premises are devoted and the principal purpose for which the premises exist.
181. Major Subdivision -
(a) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into three (3) or more lots, sites or parcels, any one of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership; or the division of any parcel of land into two (2) or more lots, sites or parcels of any size that involves the creation of any new streets, public right of ways or easements of access; provided, however, that the division or partition of land into parcels of more than five (5) acres not involving any new streets, public rights of way or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale does not create additional building sites, shall be exempt from the platting procedures of this UDO but shall not be exempt from the improvement, development or redevelopment standards of this UDO.
(b) 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; and/or the division or allocation of land as open space 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.
(See also MINOR SUBDIVISION; SUBDIVISION, MAJOR; and SUBDIVISION, MINOR).
182. Major Tree - A living tree with a trunk diameter of at least six (6) inches, measured twenty-four (24) inches above ground level.
183. Marquee - A permanent roofed structure attached to and supported by the building and projecting beyond the building line or over public property.
184. Marquee Sign - A sign attached to or constructed in a marquee. See also CANOPY SIGN.
185. Memorial Sign - A sign designed, intended or used to preserve the memory of a person, place or event, including landmark plaques and historical plaques.
186. Medical Center/Clinic - A commercial or noncommercial establishment that provides, as its primary activity, health-related services to the general public on an outpatient basis. Such use shall not provide space for overnight treatment and may be set up with emergency vehicle receiving areas and trauma treatment facilities. Examples of such uses include clinics, and emergency clinics.
187. Medical and Health-Related Office - A commercial or noncommercial establishment that provides, as its primary activity, health-related services to the general public on an outpatient basis. Such use shall not provide space for overnight treatment. Examples of such uses include doctors' offices and dentists' offices.
188. Menu Board - A permanently mounted sign displaying the bill of fare for a restaurant, drive-in or drive-thru restaurant or instructions or services for other drive-thru establishments.
189. Microcell - The lines that connect a provider's towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.
190. Mining and Extraction - All or any part of the process involved in the mining of minerals and raw materials by removing overburden and mining directly from the deposits, open-pit mining or minerals naturally exposed, mining by auger method, dredging and quarrying, or underground mining and surface work incidental to an underground mine. Such uses are not permitted in the City under this UDO.
191. Minor Subdivision - The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll along an existing and improved public street, into not more than two (2) lots or parcels, any one of which is less than five (5) acres; or the division of any parcel of land into two (2) or more lots of more than five (5) acres not involving any new streets, public rights of way or easements of access; or the sale or exchange of parcels between adjoining lot owners, where such sale does not create additional building sites (See also MAJOR SUBDIVISION; SUBDIVISION, MAJOR; SUBDIVISION, MINOR).
192. Monopole - A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
193. Monument Sign -A permanent sign supported by one or more poles, posts or braces permanently anchored or secured to the ground. Such signs shall be flush with the base, which shall be brick or concrete, and shall not exceed eight (8) feet in height from the ground to the top of the sign. Such signs shall be measured from the grade, not any mounding.
194. Mortuaries - An establishment providing services such as preparing the human dead for burial and arranging and managing funerals, which may include limited caretaker facilities. This definition excludes crematoriums and columbariums.
195. Motor Vehicle - Any vehicle, including mobile homes and recreational vehicles that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. Motor vehicle does not include motorized bicycles, equipment used in construction work and not designed for or employed in general highway transportation, well- drilling machinery, ditch-digging machinery, farm machinery, trailers that are used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at the speed of twenty-five miles-per-hour (25 m.p.h.) or less, threshing machinery, hay-baling machinery, corn sheller, hammermill and agricultural tractors, machinery used in the production of horticultural, agricultural, and vegetable products, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than 10 miles and at a speed of twenty-five miles-per-hour (25 m.p.h.) or less.
196. Motor Vehicle, Collector's - Any motor vehicle or agricultural tractor or traction engine that is of special interest, that has a fair market value of one hundred dollars or more, whether operable or not, and that is owned, operated, collected, preserved, restored, maintained, or used essentially as a collector's item, leisure pursuit, or investment, but not as the owner's principal means of transportation, and that displays current, valid license tags issued under Ohio Revised Code , or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.
197. Motor Vehicle, Commercial - Any motor vehicle that has motor power and is designed and used for carrying freight or merchandise, or that is used as a commercial tractor, as that term is defined by the ORC.
198. Motor Vehicle Oriented Business - Any commercial business that by design, type of operation, or nature of business has one of its functions as the provision of services to a number of motor vehicles or their occupants in a short time span, or the provision of services to the occupants of motor vehicles while they remain in the vehicles. Such uses may include the retail sale of lubricants and motor vehicle accessories, and the provision of routine maintenance and/or service of motor vehicles. Repairs, such as those described in vehicle repair services shall not be permitted.
199. Movie Theater - A structure used for dramatic, operatic, motion pictures or other performances, for which admission to is a paid service and concession services only are provided (See also COMMERCIAL ENTERTAINMENT).
200. Moving Sign - Any sign, all or any part of which physically moves up or down or sideways, revolves, or is animated so as to give the appearance of movement.
201. Multi-Use Tower - A self-supporting lattice, guyed or monopole structure, constructed from grade that supports more than one Wireless Telecommunications Facility.
202. Nameplate Sign - A sign indicating the name, address and profession of the person or persons residing on the premises, or legally occupying the premises, or indicating a HOME OCCUPATION legally existing on the premises in a residential district structure.
203. Nonconforming Building - A building, or portion thereof, lawfully existing on the effective date of this UDO, or amendments thereto, and that does not conform to the use regulations of the district in which it is located.
204. Non-Routine Maintenance - Activities necessary not more frequently than every twenty-four (24) months to keep structures and equipment in good repair.
205. Non-Structural Controls - Stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.
206. Nude Modeling Studio - Any place where a person who appears SEMI- NUDE or who displays SPECIFIED ANATOMICAL AREAS is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude Model Studio shall not include:
(a) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
(b) A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.
207. Nudity, State of Nudity or Nude - Exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.
208. Nursing Home - See SKILLED NURSING FACILITY. A hospital shall not be construed to be a nursing home.
209. Office/Administrative Space - Space provided in a building designed, intended or used primarily for office functions.
210. Ohio Building Code - Wherever the term "Ohio Building Code" or "Building Code" appears in this UDO, it shall mean the Ohio Building Code, for commercial and industrial uses, or Residential Code of Ohio, residential uses, as determined applicable by the Zoning and Building Official.
211. Opacity - The degree to which a structure, use or view is screened from adjacent properties.
212. Open Space - An area substantially open to the sky, which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts, or any other recreational facilities. Streets, structures and the like shall not be included.
213. ORC - Ohio Revised Code, including any subsequent amendments thereto.
214. Overlay District - A district described on the zoning map within which, through super-imposition of a special designation, certain regulations and requirements apply, in addition to those of the underlying Zoning District.
215. Parcel - A unit of land, other than a lot, under single ownership.
216. Park - Any public or private land available for recreational, educational, cultural or aesthetic use.
217. Parking Area - Any part of a site used by vehicles not totally enclosed within a structure. This includes parking space and aisles, drives, loading areas and vehicle storage areas, driveways and permitted off-street parking spaces for single- and two-family residential uses.
218. Parking Space - An off-street space, either within a structure or in the open, available for the parking of one motor vehicle and having an area of not less than one-hundred-seventy (170) square feet, exclusive of passageways, driveways and maneuvering space.
219. Parkland - A tract of land designated and used by the public for active or passive recreation.
220. Passive Space - Open space provided in a park or other development that does not contain any active recreational equipment, game courts or playing fields. Passive space may include benches, picnic areas and tot lots.
221. Peak Rate of Runoff - The maximum rate of runoff for any twenty-four (24) hour storm of a given frequency.
222. Pennant - A triangular shaped banner.
223. Permanent Residential Subdivision or Planned Unit Development Identification Signage - Those signage features specifically relating to the denotation of a major entrance or entrances to a residential subdivision (See also GROUND SIGN).
224. Permanent Sign - A sign designed or intended to be used indefinitely, or used indefinitely without change in the same state or place, and includes nameplate signs, directional signs, business signs, bulletin board signs, illuminated signs, identification signs, informational signs, project signs and memorial signs.
225. Person - Any person, firm, partnership, association, corporation, company, or other legal entity, private or public, whether for profit or not-for-profit.
226. Personal Service - A commercial establishment that provides, as its primary activity, a service either to an individual or to an individual's personal property (excluding motor vehicles, boats or other vehicles). Such use shall be completely contained within a building. Examples of such uses include shoe repair shops, watch repair shops, banks, and savings and loan institutions.
227. Planning Board - The administrative board and quasi-judicial board appointed in accordance with the City Charter that hears and decides Conditional Use applications, makes recommendations to Council on all legislative zoning matters, and reviews planning-related issues, all as outlined in this UDO.
228. Plat - A subdivision of land legally approved and recorded.
229. Playground - A private or publicly owned area for recreational use primarily by children.
230. Pole Sign - A sign supported by one or more poles, posts or braces permanently mounted on or in the ground that exceeds six (6) feet in height. Pole signs are not permitted under this UDO.
231. Political Sign - A sign that advocates for or against the election of a candidate, recall or retention of an officeholder, passage or defeat of a ballot measure, or that solicits signatures for initiative, referendum or recall petitions.
232. Potable Water - Water that is satisfactory for drinking, culinary and domestic purposes meeting current drinking water standards.
233. Porch - An unheated, open-air platform, enclosed with a roof, that is either (a) freestanding or directly adjacent to a principal building, or (b) attached to the building, that has railings or walls on the sides not exceeding thirty- eight (38) inches in height from the platform. The area between the roof and the railings or walls may be covered with screening or netting material only, and cannot be enclosed with windows or detachable glass sash.
234. Pre-Development Conditions - Site conditions, as they existed prior to manmade alterations and/or earth disturbing activities.
235. Pre-existing Towers and Pre-existing Antennas - Any tower or antenna for which a building permit or special use permit has been properly issued prior to the effective date of this UDO, including permitted towers or antennas that have not yet been constructed, so long as such approval is current and not expired.
236. Preliminary Plat - A preliminary map showing the proposed layout of a subdivision in sufficient detail to allow review by the Planning Board.
237. Primary Activity - An activity that comprises more than fifty percent (50%) of the total floor area of a building.
238. Private Stable - A structure used, designed or constructed for the keeping of animals, particularly horses, for the private use and enjoyment of the owner of the property. Such uses are not commercial enterprises and shall not be greater than 13,000 square feet in size.
239. Private Swimming Pools - Exclusively used, without paying an additional charge for admission, by the residents and guests of a single household, a multifamily development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
240. Private Traffic and On-Site Directional Signs - A temporary sign or permanent sign that provides information regarding location, instructions for use, or functional/directional data.
241. Professional and Business Office - A commercial establishment that provides, as its primary activity, space for any professional and/or business operation where the product is a person's knowledge or skill and not a commodity. Such use shall be completely contained within a building. "Professional and business office" does not include health-related services. Examples of such uses include, but are not limited to, law offices, real estate offices and corporate headquarters.
242. Projecting Nameplate Sign - A sign indicating only the name and/or address of a business or occupant(s) that extends outward, perpendicular to the building face, not more than four (4) feet beyond the building and not less than eight (8) feet above the sidewalk or ground level.
243. Property Line - A legally recorded boundary of a lot, tract or other parcel of land.
244. Protected Public Water Supply - A public water system which services at least fifteen (15) service connections used by year-round residents, or regularly serves at least twenty-five (25) year round residents, and having a five- (5) year capture area defined through appropriate hydrologic studies.
245. Public Utility - Any person, firm or corporation, municipal department or board of commission duly authorized to furnish to the public, under State or Municipal regulations, gas, steam, electricity, sewage disposal, communication, telegraph, telephone, transportation or water service.
246. Real Estate Sign - A sign announcing the sale, rental or lease of the lot where the sign is displayed, or announcing the sale, rental or lease of one or more structures, or a portion thereof, located on such lot, and indicating the owner, realty agent, telephone number or "open house" information.
247. Recreation, Commercial - A commercial establishment that provides, as its primary activity, outdoor space for various types of sporting and/or leisure activities, though a portion of the activities may be carried on within an enclosed building. Such uses include, but are not limited to, golf courses, go-cart racing, putt-putt golf, paint ball facilities, and driving ranges that are privately owned and operated with the intention or earning a profit by providing entertainment for the public.
248. Recreation, Public - Includes all uses that are commonly provided for the public at parks, playgrounds, community centers, and other sites owned and operated by a unit of government for the purpose of providing recreation.
249. Regulated Substances - Chemicals and mixtures of chemicals that are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not Regulated Substances. Regulated Substances include:
(a) Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes.
(b) Mixtures of chemicals that have been tested as a whole and have been determined to be a health hazard.
(c) Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one (1.0) percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one (0.1) percent or greater of the composition on a weight per unit weight basis.
(d) Ingredients of mixtures prepared within the WP Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than one tenth of one (0.1) percent of the mixture on a weight per unit weight basis if carcinogenic, or less than one (1.0) percent of the mixture on a weight per unit weight basis if non-carcinogenic.
(e) Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).
250. Rental Room - A part of a dwelling unit used as a lodging facility by someone not in the family housekeeping unit. Such rooms may or may not have separate entrances and do not have separate cooking facilities. Such uses are prohibited under this UDO.
251. Research and Development Facility - A commercial establishment that provides, as its primary activity, space for the development of information and/or products that are used by business and industry. Such use shall be completely contained in a building, does not produce goods or services for direct retail sale. Examples of such uses include, but are not limited to, biological testing labs, corporate research and development facilities.
252. Residential Area - The districts outlined for residential development under this UDO.
253. Residential Treatment Facility - A residential facility that provides residential services to more than nine (9) individuals who are mentally disabled, developmentally disabled or physically handicapped, and who cannot otherwise care for themselves or are convalescing or undergoing rehabilitation and/or treatment. Such individuals are provided services to meet their individual needs, and they must not have been previously convicted of a felony or require institutional care or treatment. A residential treatment facility shall be licensed by and/or has accountability to a governmental agency for the clientele served. It does not include hospitals, as defined herein, or facilities that administer treatment as their primary function to in-patients, outpatients or on a daycare basis.
254. Restaurant - A commercial establishment that provides, as its primary activity, prepared food for consumption on the premises inside of a building. A restaurant shall not include drive-through facilities or any other facilities for eating or picking up food outside of the building, except upon approval of a drive-through retail Conditional Use by the Planning Board. (See also FAST FOOD RESTAURANTS)
255. Revolving sign - A sign that revolves three hundred sixty degrees (360º) but does not exceed eight (8) revolutions per minute.
256. Right-of-Way - A strip of land dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
257. Riparian - Of, on, or relating to, the bank of a natural course of water.
258. Riparian Buffer - Riparian buffers are the areas of vegetation directly separating land from water and immediately adjacent land that is frequently inundated (the floodways of streams). Vegetation in riparian buffers typically consists of plants that either are emergent aquatic plants, or herbs, trees and shrubs that thrive in close proximity to water.
259. Roof Line - The lowest point of a roof that is closest to the ground.
260. Roof Sign - A sign erected upon or above a roof or parapet wall of a building, which sign is wholly or partially supported by such building.
261. Satellite Parking - Parking located off-site of the building that it is designed to serve.
262. Security Sign - A sign indicating that the property is protected by a security surveillance system of any nature.
263. Sediment Basin - A barrier, dam or other facility built to reduce the velocity of water in order to settle and retain sediment.
264. Self-Service Storage Facility or Mini-Warehouse:
Type A. A facility consisting of a building or a group of buildings, usually in a controlled-access compound, that may contain varying sizes of individual, self-contained, enclosed, compartmentalized and controlled-access stalls or lockers for the dead storage of goods or wares, that are owned, leased or rented. This usually shall only be within an Industrial District and permitted as a Conditional Use.
Type B. A group of storage units that are totally enclosed within a main structure that may contain varying sizes of individual, self-contained, enclosed, compartmentalized and controlled-access stalls or lockers for the dead storage of good s or wares, that are owned, leased or rented. However, this facility shall not have the visual impact, such as overhead doors, fences, gates, detached office(s), that resemble a typical facility as described in 264, Type A. This use shall not be the primary function of the business and should not exceed 50% of the floor space of the business structure. This use shall be within a C-1 District and permitted as a Conditional Use.
265. Semi-Nudity, State of Semi-Nudity, Semi-Nude Condition or Semi-Nude - Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.
266. Senior High School - A school/institution serving students between ninth grade and twelfth grade, or between tenth grade and twelfth grade.
267. Setback - The minimum distance that a building may be constructed from a lot line.
268. Sexual Encounter Center - A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration: physical contact in the form of wrestling or tumbling between persons of the opposite sex; or activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
269. Sexually-Oriented Business - An adult arcade, adult bookstore, adult cabaret, adult media store, adult motion picture theater, adult theater, nude modeling studio, sex store, or sexual encounter center. "Sexually Oriented Business" does not include an adult motel, as defined above.
270. Sexually-Oriented Novelties or Toys - Instruments, devices or paraphernalia either designed as representations of human genital organs or female breasts, or designed or marketed primarily for use to stimulate or arouse human genital organs or female breasts.
271. Sex Store - A business offering goods for sale or rent and that meet any of the following tests:
(a) More than ten percent (10%) of the stock in trade or more than ten percent (10%) of the gross public floor area of the business consists of sexually-oriented novelties or toys; or
(b) It offers for sale items from any two (2) of the following categories: adult media, sexually-oriented novelties or toys, lingerie, or apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than fifteen percent (15%) of the stock-in-trade of the business or occupies more than fifteen percent (15%) of the gross public floor area; or
(c) It advertises or holds itself out in any forum as a sexually- oriented business by use of such terms as "sex toys, "marital aids," "X-rated," "XXX," "adult," "sex," "nude," or otherwise advertises or holds itself out as a sexually oriented business.
(d) Sex Store shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
272. Shingle Sign - A sign supported by one or two poles, measuring not more than four (4) feet from the ground to the top of the sign or structure. The shingle is a small identification sign, exceeding not more than two (2) square feet in area, and shall denote only the name, occupation of the professional occupant of the building, and shall not be illuminated.
273. Sign - Any display, figure, painting, drawing, placard, poster or other device placed on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever, which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product. "Placed," as used in this definition, includes erecting, constructing, posting, painting, printing, tracking, nailing, gluing, sticking, carving or other fastening, affixing or making visible in any manner whatsoever.
274. Sight Distance - The minimum extent of an unobstructed vision (on a horizontal plane) along a street from a point five (5) feet above the centerline of a street.
275. Sign Structure - Any structure that supports, or is capable of supporting, any sign as defined in this UDO. A sign structure may be a single pole, or may or may not be an integral part of the building.
276. Site Development Plan - The written document or set of Plans meeting the requirements of this UDO that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of earth disturbing activities.
277. Site Plan - A Plan showing uses and structures proposed for a parcel of land, as required by the regulations involved. Includes lot lines, streets, building sites, reserved open space, buildings, major landscape features - both natural and man-made - and, depending on the requirements, the location of proposed utility lines.
278. Skilled Nursing Facility - (Nursing Home) A residential facility used for the care of the aged, infirm, chronically ill, incurably ill or any other person dependent on regular and ongoing nursing care; and which is not equipped for surgical care or for treatment of acute disease or serious injury; and is not primarily designed for patients being treated for mental illness or alcohol or drug addiction.
279. Sketch Plan - An informal Plan or sketch showing the existing features of a site and its surroundings and the general layout of a proposed minor subdivision.
280. Sleeping Area - Floor space provided in a building designed, intended or used primarily as a place to sleep. "Sleeping area" includes all bedroom space and all other areas where beds are permanently kept.
281. Specified Anatomical Areas - This term is used to describe:
(a) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(b) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
282. Specified Criminal Activity - Any of the following offenses:
Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal UDO of any local jurisdiction, state, or country; for which: less than two years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or less than five years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense. The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
283. Specified Sexual Activities - Means any of the following:
(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or
(c) Excretory functions as a part of or in connection with any of the activities set forth in (a) or (b), above.
284. Stables - Any accessory building having stalls or compartments where animals, excluding dogs and cats, are boarded, trained or bred (See also KENNELS).
285. Stock-In-Trade - The individual items offered for sale or rental in the area of an establishment open to the public.
286. Stop-Work Order - An order issued that requires that all work on the site must cease, except work associated with bringing the site into compliance with the approved SWP3, site development plan or Construction Plans.
287. Story - The part of the building included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. If the floor level directly above a basement is more than six (6) feet above grade, such basement shall be considered a story.
288. Story, Half - An uppermost story lying under a sloping roof having an area of at least two hundred (200) square feet with a clear height of seven feet, six inches (7' 6"). For the purposes of this UDO, the usable floor area is only that area having at least four (4) feet of clearance height between the floor and the ceiling.
289. Storm Frequency - The average period of time, in years, within which a storm of a given duration and intensity can be expected to be equaled or exceeded.
290. Stormwater Management Plan (SMP) - The written document meeting the requirements of this UDO regulation that sets forth the plans and practices to be used to minimize storm water runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.
291. Storm Water Pollution Prevention Plan (SWP3) - The document required by the Ohio EPA for compliance with its NPDES Construction Activity General Permit #OHC000002. The requirements of the SWP3 are required as part of the local jurisdiction's Stormwater Management Plan, as described above, and in this UDO.
292. Streamer - Any lightweight plastic, fabric or other material, whether or not containing a message of any kind, suspended from a rope, wire, string or cord, usually in series, designed to move in the wind. A streamer may have pennants and/or banners attached.
293. Street - An improved public way or right-of-way dedicated to public use, which provides for vehicular and pedestrian access to abutting properties.
(a) Alley: Any dedicated public way affording a secondary means of access to abutting property, either to the back or side of properties abutting on another street, and not intended for general traffic circulation.
(b) Collector Street: A street, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from minor/local streets to major streets.
(c) Expressways: A thoroughfare that possesses extra-wide rights-of- way carrying high traffic volumes of unobstructed, limited access vehicular movement.
(d) Major Street: An arterial street intended for large volumes of through traffic and to carry cross-town traffic from several neighborhoods, thereby servicing collector streets. Such streets are intended for carrying heavy loads and large volumes of traffic, for both the immediate City area and the region beyond. Any street with a width, existing or proposed, of eighty (80) feet shall be considered a major thoroughfare.
(e) Marginal Access Street: A minor street that is parallel and adjacent to a major street or thoroughfare, and which provides access to abutting properties and protection from major or collector streets.
(f) Minor Street: A local street that primarily provides access to residential or other abutting property.
294. Street Line - The edge of the pavement along the front of the property.
295. Street Setback Measurements - All buildings and structures shall hereafter be constructed in accordance with the required front yard setbacks in the district in which it is to be located, measured from the dedicated right-of- way line or the street line, whichever is greater, on expressways, major streets, collector streets, marginal access streets, minor streets and alleys.
296. Structural Controls - Any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.
297. Structure - Anything constructed or erected. Its use requires location on the ground or attachment to something having location on the ground.
298. Subdivider - Any person, partnership, corporation, association or other legal entity that creates or proposes to create a subdivision, all or a portion of which will be located within the City of Eaton, Ohio (See also DEVELOPER).
299. Subdivision, Major - A platting of land for the purposes of development and transfer of ownership. A major subdivision is any subdivision that does not meet the requirements of a minor subdivision. It requires approval of a preliminary plan by the Planning Board, approval of a final plat by the Planning Board, acceptance by Council, and recording of the final plat prior to the transfer of land (See also MAJOR SUBDIVISION).
300. Subdivision, Minor - A division of a parcel of land that is approved by the Planning Board and does not require a plat (See also MINOR SUBDIVISION).
301. Subdivision Regulations - Chapter 1111, including any amendments thereto, contained in this UDO.
302. Superblock - A residential block of exceptionally large size in both dimensions with access to interior lots by cul-de-sacs or loop streets and providing one or more open spaces.
303. Swale - A low-lying stretch of vegetated land that gathers and carries surface water.
304. Tavern - See BAR.
305. Temporary Advertising Sign - A sign announcing or advertising special events or sales, intended to be used and in fact used for a time period of sixty (60) days or less within one calendar year per location.
306. Temporary vegetation - Short-term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.
307. Tent - Any structure used for living or sleeping purposes, or for sheltering a public gathering, constructed wholly or in part from canvas, tarpaulin or other similar materials. It includes shelter provided for circuses, carnivals, sideshows, revival meetings, camp meetings and all similar meetings or exhibitions in temporary structures.
308. Time and Temperature Display - A cabinet containing illuminated numerals flashing alternately to show the time and temperature.
309. Total Area of a Sign - "Sign area" shall be measured as outlined in Section 1111.08(f) of this UDO.
310. Tower - Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, wireless telecommunications towers, alternative tower structures, and the like. The term includes the structure and any support thereto.
311. Traditional Neighborhood - A compact, mixed-use neighborhood where residential, commercial and civic buildings are within close proximity to each other.
312. Transportation, Communication and Utility - A structure or facility used by a public or quasi-public utility to store, distribute or generate electricity, gas or telecommunications and related equipment, or to pump or chemically treat water. This use does not include storage or treatment of sewage, solid waste or hazardous waste.
313. Travel Time Contour - A locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
314. Treatment Space - Floor space provided in a building that is designed, intended or used primarily for the treatment of human and/or animal illness.
315. UDO - See Unified Development Ordinance.
316. Underground Storage Tank - Underground storage tank shall have the same meaning as in Ohio Revised Code.
317. Unified Development Ordinance - The combining of development regulations and procedures, including zoning and subdivision regulations, sign and floodplain regulations, administrative and hearing procedures, etc. into one unified code and ordinance in the City of Eaton Unified Development Ordinance.
318. Use - The purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
319. Vehicle - Any automobile, truck, motorcycle, trailer, truck camper, recreational vehicle, bus or boat (See also MOTOR VEHICLE).
320. Vehicle, Inoperable - Any motor vehicle that does not have a current registration and/or cannot move under its own power.
321. Vehicle Dealer - The use of any building, or part thereof, land area or other premises for the display and/or retail sale, lease or rental of new or used vehicles including motor vehicles, motorcycles, recreational vehicles, boats and farm implements. Secondary supporting uses may also exist upon the same site, such as maintenance/repair service areas, parts storage areas, and financial services areas, which activities shall be conducted within a completely enclosed area. Such use shall not include vehicle wrecking or junk business.
322. Vehicle Impound Lot - A business that engages in impounding or storing, usually temporarily, of legally impounded vehicles, whether publicly or privately impounded, or abandoned vehicles.
323. Vehicle Repair Services - A commercial establishment that provides, as its primary activity, repair or restoration of vehicles, including the rebuilding or reconditioning of engines and/or transmissions; collision services, including body, frame or fender straightening or repair; overall painting; vehicle steam cleaning; upholstering; and replacement of parts and motor service of passenger cars and trucks not exceeding one and one-half ton capacity. Such uses may have outdoor display and/or storage, but may not include any junk or wrecking business, and all repair and/or restoration activities shall be conducted within a completely enclosed building or structure.
324. Vehicle Wrecking - The dismantling or wrecking of used vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete, wrecked or inoperable vehicles or their parts; excepting that vehicle impound lots are not included in this definition. Vehicle Wrecking is not permitted under this UDO.
325. Veterinary Services - A place used for grooming and/or for the care, diagnosis and treatment of sick, ailing, infirm or injured animals and those that are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation or recuperation of such animals. Such use may also include boarding that is incidental to the primary activity. Such uses include animal hospitals/clinics, veterinarian offices and grooming services.
326. Video Booth - Any private or semi-private booth or any viewing room of less than one hundred fifty (150) square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five (5) or fewer persons at any one time.
327. Viewing Booth - Live viewing booth or video booth.
328. Viewshed - The area surrounding a Wireless Telecommunications Facility or Antenna Support Structure, within which the Facility or Structure is visible from off site.
329. Wall Sign - A sign attached to a building face, with the exposed face thereof in a plane parallel to the plane of the wall. Wall signs include painted murals, messages, graphics and other designs painted along with any letters or numerals mounted on buildings and any extensions thereon.
330. Watercourse - Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
331. Watershed - A locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
332. Well Field - Means a tract of land that contains a number of wells for supplying water.
333. Wholesale Business - A commercial establishment that provides, as its primary activity, storage, break-of-bulk and distribution operations to other commercial establishments. Such use may have some outdoor storage space. Examples of such uses include truck terminals and warehouses.
334. Window Sign - A sign, graphic, poster, symbol or other identification or information about the use or premises which is physically affixed to or painted on the glass or other structural component of the window or a sign, graphic, poster, symbols, or other identification or information about the use or premises erected on the inside of the building within two feet of the window and intended to be viewed through the window from the exterior of the premises.
335. Wireless Telecommunications Facilities - Any cables, wires, lines, wave guides, antennas, microwave dishes and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a Person seeks to locate or has installed upon a Tower or Antenna Support Structure. However, the term Wireless Telecommunications Facilities shall not include:
(a) Any satellite earth station antenna two meters in diameter or less which are located in an area zoned industrial or commercial;
(b) Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; or
(c) Antennas used by amateur radio operators.
336. Yard - The open space on the same lot with a main building unoccupied and unobstructed from the ground upward except as otherwise provided in this UDO, and as defined herein:
(a) "Front yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building. There shall be a front yard on each street side of a corner lot. No accessory building shall project beyond the setback line on either street.
(b) "Rear yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building. In the case of a corner lot, the rear yard shall be opposite of the front of the structure.
(c) "Side yard" means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
337. Zero Lot Line House - A building designed, intended or used primarily for residential purposes. The dwelling unit is a single-family detached unit that is placed against one of the side lot lines to allow more open yard space.
338. Zoning and Building Official - The person holding the title of Zoning and Building Official of the City of Eaton, or his designee. May also appear in this UDO as "Zoning Official" or "Building Official."
(Ord. 15-13. Passed 12-21-15.)