(a) For purposes of this Code, the following terms shall have the following meanings:
“ABUTTING” or “ADJOINING.” Having a common lot line with, or being separated from such a common lot line by a right-of-way.
“ACCESSORY STRUCTURE.” A subordinate structure customarily incidental to, detached from and located upon the same lot occupied by the principal structure or use.
“ACCESSORY USE.” A use occurring or constructed on, above or below grade which is incidental to or customarily in connection with, or subordinate to, the principal structure or use. It is located on the same lot with such principal structure or use and may or may not be located within the same structure as the principal use.
ADDITIVE MANUFACTURING.” The construction of complex three-dimensional parts from 3D digital model data by depositing successive layers of material. Metal, polymer, and ceramic materials can be used to manufacture parts of a geometry that often cannot be produced by any other manufacturing technology. The names of specific additive manufacturing technologies include, but not limited to: 3D printing, layered object manufacturing, selective laser sintering, selective laser melting, LENS, stereolithography, and fused deposition modeling. Synonyms include layered manufacturing, solid freeform manufacturing, direct digital manufacturing, rapid prototyping.
“ADULT ARCADE.” Any place to which the public is permitted or invited where either or both motion picture machines, projectors, digital video or laser disc players, or other video or image-producing devices are available, run via coin, token, or any form of consideration, to show images to five 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.
“ADULT BOOKSTORE,” “ADULT NOVELTY STORE” or “ADULT VIDEO STORE.”
(a) A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or
(2) Instruments, devices, or paraphernalia, which are designed for use in connection with specified sexual activities.
(b) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing specified sexual activities or specified anatomical areas and still be categorized as “adult bookstore,” “adult novelty store,” “adult retail” or “adult video store.” Such other business purposes will not serve to exempt such commercial establishments from being categorized as an “adult bookstore,” “adult novelty store,” “adult retail” or “adult video store” so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
“ADULT CABARET.” A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear semi-nude,
(b) Live performances which are characterized by any specified sexual activities, or
(c) Films, motion pictures, video cassettes, slides, or other photographic reproductions which are distinguished or characterized by an emphasis on exhibiting or displaying specified sexual activities or specified anatomical areas.
“ADULT ENTERTAINMENT BUSINESS.” A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
“ADULT MEDIA.” Magazines, books, videotapes, movies, slides, CD or DVD roms, or other devices used to record computer, images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hardcore material.
“ADULT MOTION PICTURE THEATER.” A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, DVDs, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
“ADULT RETAIL.” Any retail establishment which, for money or any other form of consideration either:
(a) Has as one of its principal purposes to sell, exchange, rent, loan, trade, transfer, or provide for viewing, off the premises, any adult oriented merchandise as defined in the Village Municipal Code; or
(b) Provides, as its stock-in-trade, for the sale, exchange, rental, loan, trade, transfer, for viewing or use, off the premises, any adult-oriented merchandise as defined in the Village Municipal Code.
“ADVANCED MANUFACTURING.” Advanced manufacturing uses innovative technologies to improve existing products and create new products. Advanced manufacturing can include production activities that depend on information, automation, computation, software, sensing, and networking. Generally, advanced manufacturing focuses on the research and development and/or production of a single, unique or specialized products or prototypes but may include the mass production of such products or prototypes in a safe, clean environment.
“ANIMAL HOSPITALS, VETERINARY CARE AND OTHER RELATED SERVICES.” Any structure or portion thereof established for any service relating to animals, including animal hospitals and veterinary care, pet training facilities, pet daycare and overnight kennel services. Excludes pet crematoria and uses that are restricted solely to retail sales of pet-related products or pet grooming services, though these may be incidental to the uses above.
“ART GALLERY.” A room or structure in which the primary use is one where original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public as either a noncommercial, retail, or for-profit operation.
“ASSEMBLY HALLS” and “MEETING FACILITIES.” A building or portion thereof used for regular or occasional gathering for purposes including, but not limited to: deliberation, performances, dancing, conferences, banquets, exhibits, parties, and auctions.
“AUTOMOTIVE SERVICE STATIONS AND GARAGES.” An establishment that provides for the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. Excludes maintenance and repair services, and the servicing of vehicles falling under, light truck and equipment.
“BANKS AND FINANCIAL INSTITUTIONS.” An establishment that provides retail banking, credit and mortgage services to individuals and businesses. This classification includes banks, savings and loan establishments, credit unions, check cashing, and currency exchange outlets.
“BAY WINDOW.” A rectangular, curved or polygonal window extending beyond the main wall of a building.
“BERM.” An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
“BUILDING.” See “structure.” References to “building” shall in all cases be deemed to refer to both buildings and structures.
“BUILDING LINE.” A line parallel to the street right-of-way line or any lot line at any story level of a building and representing the distance that all or any part of the building is set back from the right-of-way line.
“BUILDING MATERIALS AND HARDWARE SUPPLY SALES, SERVICES, AND RENTAL.” An establishment that includes the following:
(a) Retail sales including, but not limited to, lumber and other large building materials, paint, wallpaper, glass, fixtures, nursery stock, appliances, lawn and garden supplies, where most display, storage and sales occur indoors. May include sales to the general public or to contractors, or some combination thereof;
(b) Rental of light equipment and tools as an accessory use; and
(c) Services which are customarily incidental to the operation.
“BUSINESS SERVICE.” An establishment providing document delivery, mail receiving and boxes, or reprographic, blueprinting, typesetting, copying, desktop publishing or photographic services.
“CANOPY TREE.” A deciduous tree whose mature height and branch structure provide foliage primarily on the upper half of the tree.
“CEMETERY.” Land used or intended to be used for the burial of the human or animal dead, and which is dedicated for cemetery purposes. “Cemetery” includes mausoleums, columbaria, and mortuaries if operated in connection with, and within the boundaries of a cemetery. This term shall not include crematoria.
“COMMERCIAL VEHICLE.” Any of the following:
(a) Any vehicle exceeding 8,800 pounds gross vehicle weight; or
(b) A passenger van designed to transport ten or more individuals, regardless of its weight.
“COMMUNICATIONS FACILITIES.” Broadcasting and other communications services accomplished through electronic mechanisms.
“CORNER LOT.” See “lot, corner.”
“COVENANT.” A legal agreement between the property owner and the Village concerning the use of land and compliance with the Zoning Code binding on the owner and the owner's successors and assigns.
“DATA PROCESSING AND COMPUTER CENTERS.” Facilities where electronic data is processed by employees, including, without limitation, data entry, storage, conversion or analysis, subscription and credit card transaction processing, telephone sales and order collection, mail order and catalog sales, market research, call centers and mailing list preparation.
“DAYCARE CENTER, ADULT.” An establishment in which supervision, protection and care is administered to one or more adult person or persons, by an adult other than their parents or guardians, custodians or relatives by blood, marriage or adoption, for any part of the 24-hour day in a place or residence other than the persons own home.
“DAYCARE CENTER, CHILD.” A facility in which child care or publicly funded child care is provided for 13 or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven to 12 children at one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted. Includes pre-schools and nursery schools.
“DAYCARE CENTER, CHILD, WHICH OCCURS IN CONJUNCTION WITH ANOTHER USE.” A “child daycare center” as defined by this code, which occurs accessory and incidentally to another business, and which only serves the employees or customers of that business who are present on the site.
“DAYCARE HOME, TYPE-B FAMILY.” A permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted.
“DISPLAY AND SALES, OUTDOOR.” Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building, or where merchandise as part of an outdoor display is available for purchase by the general public directly from the outdoor display area. This is exclusive of, though can occur in conjunction with as the Code permits, outdoor storage as defined and regulated by this Code. This type of display and sale is permanent or ongoing in nature, and is exclusive from outdoor temporary display or sales, which are permitted pursuant to an approved temporary permit.
“DISTRIBUTION.” A use where goods are received and/or stored for delivery to the ultimate customer at remote locations.
“DRIVE-THROUGH.” That portion of any establishment which provides services to motor vehicles or their occupants while they remain in a vehicle, and as its components may include, but is not limited to, any equipment or signage integral to the drive-through operations, such as menu boards, pick-up or service windows, queuing lines, ATMs and voice boxes.
“EASEMENT.” A grant of one or more property rights for a designated portion of land by the property owner to the public, a corporation, person or other entity.
“EDUCATIONAL INSTITUTION.” A public or parochial pre-primary, primary, grade, high or preparatory school or academy, junior college or university, other than trade or business schools, if public or founded or conducted by or under the sponsorship of a religious or charitable organization. These exclude living quarters, but may include instructional and recreational uses, dining rooms, restaurants, and other incidental facilities for students, teachers and employees.
“EDUCATIONAL TRAINING FACILITIES, INDOOR.” A building or facility utilized for the vocational training of potential, current or future employees.
“EQUIPMENT, HEAVY.” A movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises and having a gross weight of 2.5 tons or more, including, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts.
“EQUIPMENT, LIGHT.” A bulky vehicular or non-vehicular piece of machinery or movable or transportable vehicle or other apparatus commonly used in commercial, industrial, or construction enterprises and having a gross weight of less than 2.5 tons, including, but not limited to, trucks, trailers, bulldozers, cranes, backhoes, rollers, loaders, and lifts.
“ESTABLISHMENT.” A specific land use on a lot or within a building. For purposes of this code, an establishment with multiple uses and/or products is considered to be one establishment when operating under one roof, within the same building footprint, or controlled by a unifying entity.
“EVERGREEN.” A plant with foliage that persists and remains green year-round.
“EXTENSION.” An increase in the amount of the existing gross floor area.
“FAMILY.” Means one of the following:
(a) One person;
(b) Two or more persons related by blood, marriage, adoption or guardianship living together as a single housekeeping unit in a residence;
(c) Two unrelated persons and their children living together as a single housekeeping unit in a residence; or
(d) A group of not more than four unrelated persons living together as a single housekeeping unit.
“FAMILY HOME, ADULT.” A residence or facility that provides accommodations and supervision to three to five unrelated adults, at least three of whom require personal care services.
“FARMING, GENERAL.” The operation of a farm, including the growing of crops, plants, trees, and other agricultural products, the maintenance of livestock, and incidental retail sales of produce grown on premises, with the necessary accessory uses, provided, however, that the operation of any accessory uses shall be secondary to that of normal farming activities and such accessory uses do not include the feeding of garbage or offal to swine or other animals.
“FENCE.” Any structure composed of wood, iron, steel or other material erected in such a manner and position as to enclose or partially enclose all or any part of the lot, refuse containers, recreational areas, swimming pools, outdoor dining areas, etc.
“FENCE, PERIMETER.” A tangible barrier, other than a building, constructed of any allowable material erected for the purpose of providing a boundary or as a means of protection, or to screen the view from adjoining properties and streets.
“FESTIVALS.” A recreational, social, professional, educational, or cultural activity, which may include amusement rides, games, food, mobile food trucks, events, art shows, concerts, and religious revival meetings, operated outside of permanent structures.
“FINISHED GRADE.” See “grade, finished.”
“FLOOR AREA, GROSS.” The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The “gross floor area” shall not include shafts with no openings or interior courts.
“FOSTER HOME.” A private residence in which children are received apart from their parents, guardian, or legal custodian, by an individual reimbursed for providing the children non-secure care, supervision, or training 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.
“FRONT LOT LINE.” See “lot line, front.”
“FRONT YARD.” See “yard, front.”
“FRONTAGE, LOT.” The distance between adjacent property lines, measured along the street line. Also referred to as street frontage.
“FUEL SALES, AUTOMOBILE.” The retail sale of gasoline, diesel and kerosene fuels that is intended primarily for use in motor vehicles.
“FUEL SALES, OTHER.” The retail sale of fuels other than automobile fuels, including, but not limited to, propane, natural gas, and other bottled gases.
“FUEL SALES WHEN IN CONJUNCTION WITH ANOTHER USE.” Fuel sales as defined by this Code which occur accessory to another use for which the sale and use of fuel is customarily incidental.
“FUNERAL HOME.” A building or part thereof used for human funeral services. Such building excludes crematories, but may contain space and facilities for:
(a) Embalming and the performance of other services used in preparation of the dead for burial;
(b) The performance of autopsies and other surgical procedures;
(c) The storage of caskets, funeral urns, and other related funeral supplies; and
(d) The storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
“GARAGE.” In the Residential District, a “garage” shall mean an accessory building to a single-family residence that is primarily used for parking or temporary storage of passenger vehicles. In all other zoning districts, a “garage” shall mean a main or accessory building used or designed for repairing or storage of motor vehicles.
“GARAGE AND YARD SALES.” All general sales, open to the public, conducted from or on residential premises in the Residential District, as defined by this Code, for the purpose of disposing of personal property, including but not limited to all sales entitled, “garage,” “lawn,” “yard,” “attic,” “porch,” “room,” “backyard,” “patio,” “flea market,” “auctions,” “estate sales,” or “rummage,” sales where the sale of personal property is conducted on a lot upon which a dwelling is located.
“GARDEN NURSERIES AND SUPPLIERS.” An establishment primarily engaged in the retail sale of garden supplies and plants grown on the premises or elsewhere. This classification includes the sale of landscape materials, topsoil and rental of landscaping equipment.
“GOVERNMENT BUILDING.” A structure or portion of a structure owned, operated or controlled by a government agency for the performance of certain specialized governmental activities required for its day-to-day functions.
“GRADE, FINISHED.” The elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet from the foundation wall.
“GREENBELT AREAS OWNED OR ESTABLISHED BY THE VILLAGE.” A strip of land owned by the Village or by a private property owner in pursuant to the Code's commercial greenbelt provisions, which is of a definite area whereupon existing vegetation is preserved or an area is reserved for the planting of living plant materials to serve as an obscuring screen of buffer strip in carrying out the requirements of this Code.
“GROSS FLOOR AREA.” See “floor area, gross.”
“GROUP HOME.” A licensed residential facility that provides room and board, personal care, habitation services and supervision in a family setting for at least six but not more than eight persons with mental retardation or a developmental disability.
“GUEST.” A person other than a member of a family who may temporarily use facilities at a single-family residence, without charge, and is accompanied by a member of the family while using such facilities.
“HEIGHT.” The vertical dimension of a structure as determined by § 1244.13(c).
“HOMEOWNERS' ASSOCIATION.” An incorporated nonprofit organization operating under recorded land agreements for lots within the Village, through which each lot owner of a developed area is a member and each lot is subject to charges for a proportionate share of the expenses for the organization's activities.
“HOSPITAL.” A state-licensed facility providing medical, surgical (necessary or elective), psychiatric, emergency medical, or rehabilitative services to patients. This classification includes facilities for inpatient or outpatient treatment, including drug and alcohol abuse programs as well as training, research and administrative services for patients and employees.
“HOTEL.” An establishment providing, for a fee, sleeping accommodations and customary lodging services in 24-hour or greater intervals, including maid service, the furnishing and upkeep of furniture and bed linens, and telephone and desk service. Access to individual guest rooms is through a common lobby, and may include, but shall not be limited to, conference and meeting rooms, restaurants, bars, and recreational facilities.
“INCIDENTAL.” Subordinate and minor in size and use, and bearing an exclusive relationship to the primary use.
“INDOOR EDUCATIONAL TRAINING FACILITIES.” See “educational training facilities, indoor.”
“INDOOR RECREATIONAL FACILITIES.” See “recreational facilities, indoor.”
“INSTITUTION.” A public or quasi-public establishment serving a nonprofit purpose, as for a religious, educational or charitable use.
“INTERIOR LOT.” See “lot, interior.”
“INTERIOR SIDE LOT LINE.” See “lot line, interior side.”
“LABORATORIES, PRODUCT RESEARCH AND DEVELOPMENT CENTERS.” A building or group of buildings in which are located facilities for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
“LANDSCAPED AREA.” The improvement of a lot, parcel or tract of land with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
“LIBRARIES, PUBLIC.” A building containing printed information, electronic information, and pictorial material for the public use and purpose of study, reference, and recreation.
“LOT.” A parcel of land occupied or capable of being occupied by a use, structure, or group of structures and accessory structures and uses, together with such open space as is required by this Code.
“LOT AREA.” The total horizontal area included within the lot lines of the lot. No public right-of-way or access easement or handle of a panhandle lot shall be included in the calculation of the lot area.
“LOT, CORNER.” A lot abutting upon two or more streets at their intersection or upon two parts of the same street, and in either case forming an interior angle of less than 135 degrees. A corner lot must have two required front yards and two rear yards opposite those front yards.
“LOT FRONTAGE.” See “frontage, lot.”
“LOT LINE.” The property lines bounding a lot; provided, however, that when a lot includes land subject to a public right-of-way easement for street purposes, the line separating such right-of-way from the rest of the lot shall be deemed to be the lot line.
“LOT LINE, FRONT.” A lot line dividing a lot from a street. A corner lot must have two front lot lines and two rear lot lines opposite those front lot lines.
“LOT LINE, REAR.” The lot line that is most distant from, and most nearly parallel to, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to, and a maximum distance from the front lot line. In the case of a corner lot, there will be two rear lot lines opposite the front lot lines.
“LOT LINE, SIDE.” Any lot line that is not a front lot line or a rear lot line.
“LOT OF RECORD.” A lot which is part of a subdivision, the map or metes and bounds description of which has been recorded in the office of the Recorder of Hamilton County; or a parcel of land, the deed to which was of record to adoption of zoning.
“LOT, VACANT.” A lot without a building or structure.
“LOT WIDTH.” The distance between two lot lines perpendicular to the front setback line. In the case of a corner lot, it is the width of the narrower of the two front setback lines.
“MAINTENANCE AND REPAIR SERVICES.” Establishments engaged in the provision of repair or maintenance services to individuals or businesses, including building maintenance, extermination, and appliance and electronics repair shops. Excludes automotive service stations and garages, light truck and equipment services, heavy truck and equipment services, and any sort of light repair services such as tailoring and shoe repair that may be considered part of personal services, as defined by this Code.
“MANUFACTURING.” The mechanical or chemical transformation of materials or substances into new products, including the assembling of component parts, the manufacturing of products, processing of food products, and the blending of materials, such as lubricating oils, plastics, resins, or liquors.
“MEDICAL SERVICES AND CLINICS.” Offices organized as a unified facility for three or more licensed physicians, dentists, chiropractors, or other health care professionals providing diagnosis or care of patients but are not provided with room and board and are not kept 24 hours or longer on the premises, nor do they fall within the definition of hospital, as found in this Code. “Medical services and clinics” include medical and dental laboratories incidental to the medical office use.
“MICROBREWERY” means an establishment which includes both (1) on-site food service, whether the food is prepared on-premises or off-premises, and (2) on-premises beer manufacture. Beer brewed on-premises must be in quantities not to exceed 31 million gallons per year. Beer brewed on-premises may be available for carry-out, may be sold for on-premises consumption, or may be sold to retail and wholesale permit holders. No alcoholic beverages other than the beer brewed on-premises may be sold, served or distributed.
“MOBILE RETAIL FOOD ESTABLISH- MENT.” A movable vehicle or other portable structure designed to routinely change location, where food is regularly stored, processed, prepared, manufactured, and served for retail sale.
“MUSEUM.” An institution devoted to the procurement, care, study, and display of objects of significance, including, but not limited to, those with artistic, historic, or scientific value.
“NONCONFORMING LOT.” A lot existing at the time this Code, or an amendment hereto, became effective, but which does not conform to the lot area, width, access, or other requirements of the zoning district in which it is located.
“NONCONFORMING STRUCTURE.” A structure existing lawfully at the time this Code, or an amendment hereto, became effective, but which does not conform to the area, height, or bulk of the building, lot or other regulations of the zoning district in which it is located.
“NONCONFORMING USE.” The use of a structure or lot existing lawfully at the time this Code, or an amendment hereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements, performance standards, or other use regulations of the zoning district in which it is located.
“NUDE MODEL STUDIO.”
(a) 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.
(b) “Nude model studio” shall not include:
(1) A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;
(2) 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
(3) 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.
“NUDITY” or “A 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.
“OFFICES, PROFESSIONAL.” A facility for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, planning, computer software consulting, data management, engineering, medical, dental, chiropractors, or other health care professionals, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices with more than two licensed health care professionals, banks and financial institutions, and offices that are incidental to retail, production, industrial storage or other activities.
“OFFICES, REAL ESTATE AND MODEL SALES.” A structure permitted pursuant to an approved temporary use permit for the use as a sales office for a residential or commercial development currently under construction.
“OUTDOOR DINING.” A porch, patio, deck or other area used for consumption of food or beverage by the public which is not completely enclosed within the exterior building walls, windows and doors of a traditional, sit-down or fast casual restaurant and which may or may not have a solid roof cover.
“OUTDOOR DISPLAY AND SALES.” See “display and sales, outdoor.”
“OUTDOOR SALES, TEMPORARY.” See “sales, outdoor temporary”.
“OUTDOOR STORAGE.” See “storage, outdoor.”
“PANHANDLE LOT.” See “lot, panhandle.”
“PARKING GARAGE.” A multi-level structure built either above or below grade providing off-street parking for motorized vehicles.
“PARKING LOT.” A surface lot that provides off-street parking for motorized vehicles.
“PARKING STALL.” An area in a parking garage or lot permanently designated for the parking of a motor vehicle.
“PATIO.” A level surface constructed of any material that is directly adjacent to a principal structure, having an average elevation of not more than 30 inches above grade, and having no walls or a roof.
“PERIMETER FENCE OR WALL.” See “fence, perimeter.”
“PERSONAL INSTRUCTION.” The provision of instructional services including: tutoring, photography, fine arts, crafts, dance or music studios, art studios, driving schools, vocation and trade schools not including automotive repair, diet centers, reducing salons, martial arts, yoga and workout studios with incidental retail sales.
“PERSONAL SERVICES.” The provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, nail salons, tanning salons, massage therapy, electrolysis, seamstresses, tailors, shoe repair, dry cleaners (excluding dry cleaning plants), pet grooming, self-service laundries and photographic studios.
“PLACE OF WORSHIP.” An establishment for religious worship and other religious ceremonies, including religious education, rectories, and parsonages.
“PLAY EQUIPMENT.” A free-standing play apparatus, exclusively for the recreational use of children, that is permanently anchored to the ground.
“PORCH.” A platform having a separate roof at an entrance to a dwelling that is considered a part of the building for setback purposes.
“PORTABLE STORAGE UNIT.” See “storage unit, portable.”
“PRIMARY PRINCIPAL STRUCTURE.” See “principal structure.”
“PRINCIPAL STRUCTURE.” A building or other facility that is designed for or occupied by a principal use. Includes primary principal structures and secondary principal structures.
(a) “Secondary Principal Structure.” Principal structures placed on a lot within a commercial district in addition to the primary principal structure, pursuant to the requirements of § 1248.09(b).
“PRINCIPAL USE.” A use that is the primary function of land or structures.
“PUBLIC LIBRARIES.” See “libraries, public.”
“PUBLIC UTILITIES.” See “utilities, public.”
“REAL ESTATE AND MODEL SALES OFFICES.” See “offices, real estate and model sales.”
“REAR LOT LINE.” See “lot line, rear.”
“REAR YARD.” See “yard, rear.”
“RECREATION.” Recreational, indoor or outdoor, noncommercial facilities intended for both active and passive recreation, which may include , but are not limited to, parks, open space, playgrounds, athletic fields, nature preserves, picnic shelters, and any other types of recreational structures, uses or programs that are customarily incidental thereto.
“RECREATIONAL FACILITIES, INDOOR.” Any commercial activity conducted entirely indoors which is related to the recreation field, such as bowling alleys, skating rinks, indoor tennis courts, swimming pools, and similar recreational activities. This definition shall exclude sexually oriented businesses as defined elsewhere in this Zoning Code.
“RECREATIONAL VEHICLE.” Every vehicle or boat originally designed for recreation or human habitation, including, but not limited to, the following:
(a) “Boat.” Any vessel used for water travel. A boat mounted on a trailer shall be considered one vehicle.
(b) “Camper Trailer.” A folding or collapsible vehicle without its own motive power, designed as temporary living quarters for travel, camping, recreation or vacation use.
(c) “Motorized Home.” A temporary dwelling designed and constructed for travel, camping, recreational or vacation uses as an integral part of a self-propelled vehicle.
(d) “Off-The-Road Vehicle.” A vehicle intended principally for recreational use off of roads where state vehicle licenses are required, such as a dune buggy, go-cart, snowmobile, or aircraft.
(e) “Racing Car” or “Cycle.” A vehicle intended to be used in racing competition, such as a race car, stock car, or racing cycle.
(f) “Travel Trailer.” A vehicle without its own motive power, designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses.
(g) “Truck Camper.” A structure designed primarily to be mounted on a pickup or truck chassis and designed to be used as a temporary dwelling for travel, camping, recreational, or vacation uses. When mounted on a truck, such a structure and the truck shall together be considered one vehicle.
(h) “Van.” A general term applied to a noncommercial motor vehicle licensed by the State of Ohio as a recreational vehicle.
(i) “Vehicle Trailer.” A vehicle without its own motor power that is designed to transport another vehicle, such as a boat, motorcycle or snowmobile for recreational or vacation use and that is eligible to be licensed or registered and insured for highway use. A vehicle trailer with another vehicle mounted on it shall be considered one vehicle.
“REQUIRED YARD.” See “yard, required.”
“RESIDENTIAL GARAGE AND YARD SALES.” See “garage and yard sales.”
“RESTAURANTS, FAST CASUAL.” An establishment within any building or portion thereof, where prepared food is the principal good sold. Orders are made at a counter, and are processed within a short period of time. Payment for food is made prior to consumption, packaging of food is a combination or reusable and disposable containers, menu boards are stationary, and carry-out orders may occur. In the dining area, the drink service, condiments, and table bussing may be the responsibility of either the customer or restaurant staff.
“RESTAURANTS, FAST FOOD.” An establishment within any building or portion thereof, where prepared food is the principal good sold. Orders are made at either a drive-through window or at a counter, and are processed within a short period of time. Payment for food is made prior to consumption, packaging of food is disposable, menu boards are stationary, and carry-out orders and drive-through orders are frequent. In the dining area, the drink service, condiments, and table bussing are primarily the responsibility of the customer, via self-service stations and open trash receptacles.
“RESTAURANTS, TRADITIONAL, SIT-DOWN.” An establishment within any building or portion thereof, where prepared food is the principal good sold. Orders are processed in a longer period of time, and are taken at the patron's table by restaurant wait staff. Payment for food is made after consumption, packaging of food is out of entirely reusable containers, individual menus are provided, and carry-out orders may occur. No drive-through service is provided. In the dining area, the drink service, condiments, and table bussing are entirely the responsibility of the restaurant wait staff.
“RETAIL SALES.” An establishment engaged in sales of goods, including, but not limited to: food, alcoholic beverage sales, furniture and home furnishings, electronics and appliances, clothing and shoes, jewelry, luggage and leather goods, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationary, gifts and novelties, pets, hardware, consignment shops, video stores and auto parts. This classification includes the retail sale or rental of merchandise not specifically listed under another use classification. This classification excludes retail sales, discount; retail sales, pawn; and retail sales, thrift.
“RETAIL SALES, DISCOUNT.” An establishment that defines its primary purpose as offering a combination and variety of consumer goods for sale to the general public that are continuously sold or advertised using terms such as - but not limited to - discount, bargain, liquidation, closeout, or outlet. This classification shall not include establishments that contain a prescription pharmacy, offer for sale gasoline or diesel fuel, or include a minimum of 75,000 gross square feet of floor area.
“RETAIL SALES, PAWN.” An establishment that loans money on deposit of personal property or deals in the purchase or possession of personal property on the condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.
“RETAIL SALES, THRIFT.” An establishment where the primary purpose is to offer a combination and variety of used or previously-owned consumer goods for sale to the general public that were procured through voluntary donations from individuals, businesses or groups; estate sales; or otherwise obtained by similar means.
“RIGHT-OF-WAY.” All of the land included within an area that is dedicated, reserved by deed, or granted by easement for street or utility purposes, including both streets and highways.
“ROUTINE ATTENDANCE.” The conduct of a non-domiciled person in connection with a home occupation approved pursuant to this Code whereupon he or she visits the premises of the home occupation as part of the regular conduct of the occupation, without regard to the number, frequency, or duration of such visits.
“SALES, LEASING, AND RENTAL OF NEW OR USED AUTOMOBILES, TRUCKS OR CONSTRUCTION EQUIPMENT.” An establishment engaged in the display, storage, sale, rental, or leasing of new or used automobiles, trucks, or construction equipment to businesses or individuals.
“SALES, OUTDOOR.” See “display and sales, outdoor.”
“SALES, OUTDOOR TEMPORARY.” When merchandise as part of an outdoor display is available for purchase by the general public directly from the outdoor display area. This type of sale is temporary in nature, permitted pursuant to an approved temporary permit, and is exclusive from outdoor sales, as defined and regulated by this Code.
“SALES, SEASONAL OUTDOOR TEMPORARY.” The outdoor temporary sales of cut live flowers, plants and trees.
“SCREENING.” A method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.
“SECONDARY PRINCIPAL STRUCTURE.” See “principal structure.”
“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.
“SETBACK LINE.” The line at a minimum horizontal distance from a specified lot line as determined by the required yard depth, which forms one side of the outer boundaries of the area on the lot upon which structures may be located.
“SEXUAL ENCOUNTER CENTER.” A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:
(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is semi-nude.
“SEXUALLY ORIENTED BUSINESS.” Any business including any activities as defined in adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult entertainment business, nude model studio, sexual encounter center, adult media, or adult retail.
“SHRUB.” A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
“SIDE LOT LINE.” See “lot line, side.”
“SIDE YARD.” See “yard, side.”
“SIGN.” For any sign or signage-related definition, please see Chapter 1262, Signs.
“SINGLE-FAMILY RESIDENCE, DETACHED.” A detached structure on a single lot designed for occupancy by one family.
“SPECIFIED ANATOMICAL AREAS.”
(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 a female breast below a point immediately above the top of the areola.
“SPECIFIED SEXUAL ACTIVITIES.” 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 part of or in connection with any of the activities set forth above.
“STORAGE ELEVATOR, GRAIN AND CEMENT.” Facility at which bulk grain or cement is unloaded, weighed, cleaned, blended, stored and exported.
“STORAGE, OUTDOOR.” The storage of goods, materials, or merchandise in an area outside of a building or structure in the same place for more than 24 hours, except for merchandise placed in an area for outdoor display, outdoor sales, or outdoor temporary sales.
“STORAGE UNIT, PORTABLE.” Any portable enclosed unit constructed of metal or other durable material that is designed to be transported by vehicle and used to provide storage of personal belongings.
“STORAGE, VEHICLE.” See Section 1266.09(d)(1)A.1.
“STORY.” Except as otherwise specifically provided in this Code, that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above, then the space between the floor and the ceiling next above it. A basement shall be counted as one-half story. Any area in which the distance from one floor to the floor or ceiling above it is more than 16 feet shall be deemed to consist of one story for each 16 feet of height.
“STREET.” The paved portion of a public or private right-of-way, other than a driveway, that affords the principal means of vehicular access to abutting property.
“STREET FRONTAGE.” See “frontage, lot.”
“STREET SIDE LOT LINE.” See “lot line, side.”
“STRUCTURE.” Anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground.
“SUBSTITUTION.” The replacement of an existing use by a new use, or a change in the nature of an existing use. It does not include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.
“TEMPORARY STRUCTURE.” Any structure that is not permanently affixed to the ground.
“TEMPORARY USE.” A use established for a fixed period of time with the intent to discontinue such use upon the expiration of such time pursuant to Chapter 1268. Such uses do not involve the construction or alteration of any permanent structure.
“TRUCK AND EQUIPMENT SERVICES, HEAVY.” An establishment that provides for the repair, rebuilding or reconditioning of heavy trucks or equipment or parts thereof, including collision service and painting. Excludes automotive service stations and garages and heavy truck and equipment services.
“TRUCK AND EQUIPMENT SERVICES, LIGHT.” An establishment that provides for the repair, rebuilding or reconditioning of light trucks or equipment or parts thereof, including collision service and painting. Excludes automotive service stations and garages and heavy truck and equipment services.
“TRUCK, HEAVY.” Any truck with a gross vehicle weight rating of at least 18,500 pounds or any truck-tractor or semi-trailer with more than three axles.
“TRUCK, LIGHT.” Trucks and similar vehicles other than truck tractors or semi-trailers with more than three axles, that have a gross vehicle weight rating of less than 18,500 pounds.
“TRUCK TERMINAL.” Any premises used by a motor freight company as a carrier of goods, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.
“USE.” The purpose or activity for which a structure or land is designed, arranged, or intended, or for which it is occupied or maintained.
“UNDERSTORY TREE.” Small trees, shrubs and vines that grow under taller trees. These plants can grow in the shade of the taller trees and typically stay fairly short even at maturity.
“UTILITIES, PUBLIC.” Any facility operated by an entity certified by the Public Utilities Commission of Ohio as a public utility.
“VACANT LOT.” See “lot, vacant.”
“WAREHOUSING.” A use engaged in commercial or industrial storage of manufactured products, supplies, and equipment, excluding bulk storage of materials that are flammable or explosive or that present hazards or conditions commonly recognized as offensive. This classification excludes “warehousing, self-storage.”
“WAREHOUSING, SELF-STORAGE.” An establishment where the primary purpose is to offer, for sale or lease, indoor or outdoor space to store the personal items of a private individual or household, including, but not limited to, household items, furniture, clothing, collectibles, recreational vehicles, trailers, boats, or automobiles.
“WASTE TRANSFER FACILITY.” A place or facility where nonhazardous solid waste materials are taken from a collection vehicle, temporarily stored or stockpiled, and ultimately placed in a transportation unit for movement to another facility. A “waste transfer facility” is not a salvage yard. “Waste transfer facilities” include recycleries, i.e., materials recovery facilities, where recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated to return such products to a condition in which they may again be used for production.
“WHOLESALING.” An establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies. This is not considered a general commercial use.
“WIRELESS COMMUNICATIONS TOWER.” For any wireless communications tower or other wireless communications-related definition, please see Chapter 1263, Wireless Communications Towers and Systems.
“YARD.” A required open space on a lot between a lot line and a setback line that is, except as otherwise expressly authorized by this Code, unoccupied and unobstructed from grade to the sky.
“YARD, FRONT.” That area between a front lot line and the building line. Where no structure exists, it is considered that area between the front lot line and the front setback line. A corner lot must have two front yards and two rear yards opposite those front lot yards.
“YARD, REAR.” The area between a rear lot line and the rear building line. Where no structure exists, it is considered that area between the rear lot line and the rear setback line. In the case of a corner lot, there will be two rear yards opposite the two front yards.
“YARD, REQUIRED.” The area required between all lot lines and the setback lines as defined by the regulations of the district in which a lot is located, unless otherwise indicated.
“YARD, SIDE.” Any yard between a lot line and a building line which is not considered a front or rear yard. Where no structure exists, it is considered that area between the side lot lines and the side setback lines.
“ZONING LOT.” A parcel or parcels of land abutting a dedicated street occupied or intended to be occupied by a principal building and those accessory uses customarily incidental to it together with such open spaces as required by this Zoning Code.
(Ord. 12-64. Passed 3-12-13; Ord. 14-16. Passed 5-13-14; Ord. 16-62. Passed 12-13-16; Ord. 16-63. Passed 12-13-16; Ord. 17-36. Passed 5-9-17; Ord. 18-02. Passed 1-9-18; Ord. 18-48. Passed 9-11-18; Ord. 21-47. Passed 9-14-21.)