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Access means physical access of property to a publicly dedicated street not including lot frontages which abut a highway but have no driveway affording physical access to such highway.
Access drive means a privately owned, constructed and maintained surface providing vehicular access to and between parking areas for two or more parking spaces within a land development OR any drive servicing one or more units of occupancy on a single lot.
Accessory Use, Building or Structure
Accessory use, building or structure means a use, building or structure subordinate to the principal use of the land or a building on the same lot and serving a purpose customarily incidental to the principal use or structure.
Adequate Capacity (Wireless Telecommunication Facilities)
Adequate capacity is considered to be "adequate" if the Grade of Service (GOS) is p.05 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the Personal Wireless Service Facility in question. The GOS shall be determined by the use of standard Erlang B calculations. As call blocking may occur in either the land line or radio portions of a wireless network, Adequate Capacity for this ordinance shall apply only to the capacity of the radio components.
Adequate Coverage (Wireless Telecommunication Facilities)
Adequate coverage is considered to be "adequate" within that area surrounding a wireless telecommunication facility where the predicted or measured median field strength of transmittal signal is greater than or equal to -95dbm for at least seventy-five percent (75%) of the intended coverage area. It is acceptable for there to be holes within the area of Adequate Coverage where the signal is less than -95dbm, as long as the signal regains its strength to greater than or equal to -95dbm further away from the wireless telecommunication facility. For the limited purpose of determining whether the use of a Repeater is necessary or desirable, there shall be deemed not to be Adequate Coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain strength of greater than or equal to -95dbm.
Adjacent means touching or so close that it functions as attached.
Any place to which the public is permitted or invited where either or both (i) motion picture machines, projectors, video tape players or DVD players, or (ii) 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 (Adult Uses)
A commercial establishment which has as a significant or substantial portion of its stock-in-trade (25% or more) or derives a significant or substantial portion of its revenues (25% or more in value and/or trade) or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
• Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" as defined herein; the display of matter harmful to juveniles as defined in the Ohio Revised Code; or the pandering of obscenity as defined in The Ohio Revised Code.
• Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
Adult Cabaret (Adult Uses)
A nightclub, bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
• Persons who appear nude, semi-nude or in a state of nudity;
• Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities", or
• Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".
Adult Motel (Adult Uses)
A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television. Evidence that a sleeping room in a hotel, motel, or a similar commercial building or structure has been rented and vacated two or more times in a period of time that is less than 10 hours creates a rebuttable presumption that the enterprise is an adult motel.
Adult Motion Picture Theater
A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
Adult Theater (Adult Uses)
A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified anatomical areas" or by "specified sexual activities".
Adult Uses or Sexually Oriented Businesses
Shall mean "adult arcade", "adult cabaret", "adult motion picture theater", "adult theater" "adult motel", "adult bookstore", "adult novelty store", "nude model studio", "escort agency", "massage parlor", "sexual encounter establishment", or "adult video store". See Chapter 1126: Adult Uses.
Agricultural Display Stand
"Agricultural display stand" means a structure or vehicle used for the display and sale of primarily those products raised on the same premises provided the structure does not exceed an area of 200 square feet.
Agriculture includes farming; ranching; aquaculture; algaculture meaning the farming of algae; apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the director of agriculture by rule adopted in accordance with Chapter 119. of the Ohio Revised Code.
Aisle means that portion of the off-street parking and loading area that provides access to parking, cueing or loading spaces, exclusive of driveways and parking and loading spaces.
See definition of "veterinarian hospital."
Animal processing means a person who slaughters animals or processes non-inspected meat (under continuous inspection by either the Ohio Department of Agriculture or the U.S. Department of Agriculture for slaughterhouse activities) for the owner of the animal, and returns the majority of the meat products derived from the slaughter or processing to the owner.
Animal Shelter means any facility operated by a political subdivision or non-profit agency, or its authorized agents for the purpose of impounding or caring for animals held under government authority or state law.
Dangerous animal means:
• Any mammal, amphibian, fish, reptile, or fowl of a species, insect or arachnid, which due to size, vicious nature, or other characteristics would constitute a danger to the physical well-being of human life or animals.
• Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of an Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
• Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.
• Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
• "Wild or exotic animals" means animals which are not domesticated for household or agricultural uses and more particularly animals capable of causing injury or death to a human. A lion, tiger, bear, poisonous or large constricting snake, or vicious or poisonous fish, insect, or mammal are examples of these animals.
• "Livestock and poultry animals" means any animal customarily raised for food and consumer products such as cattle, horses, sheep, hogs, goats, chickens, ducks, geese, and turkeys.
• "Household pets" means animals that are customarily kept for the personal use or enjoyment within the home. "Household pets" includes but shall not be limited to domestic dogs, domestic cats, domestic birds, fish and rodents.
Antenna Support Structure (Wireless Telecommunication Facilities)
Any building or other structure other than a tower utilized as a location for wireless telecommunications facilities.
Antenna, Personal Use
Any antenna and earth satellite dishes designed only to receive AM and FM radio, CB radio, television, and satellite television broadcast transmissions and receive and transmit amateur radio signals, for the use and enjoyment of the property owner. Such uses are an accessory use of the property and shall be governed by provisions specified in this chapter and Chapter 1128: Supplemental and Accessory Regulations.
Apartment means a room or suite of rooms in a multi-family or multi-use building arranged and intended as a place of residence for a single housekeeping unit or a group of individuals living together as a single housekeeping unit.
Arcade means a series of arches supported by pillars, piers or columns.
Arch or Arches
Arch means a curved structural member spanning an opening or recess.
Architecture means the art or science of building; specifically, the art or practice of designing and building structures and especially habitable ones.
Automobile trailer includes all enclosed and unenclosed trailers used to transport or store any wheeled vehicle and related parts, accessories and equipment.
Automobile wrecking means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. See also definition of “canopy”.
Basement means that portion of a building having part but not more than one-half (1/2) its height below grade and having primary access from within said building. A basement is counted as a story for the purpose of height regulations if used for a separate business or dwelling purpose by other than a janitor employed on the premises. See the definition of "cellar" for comparison.
Bay means a unit of interior space in a building, marked off by architectural divisions.
Bed and Breakfast Establishment
Bed and breakfast establishment means an owner-occupied residential single-family, detached structure wherein lodging and breakfast only are provided to transient guests for compensation in accordance with specific development standards. The provision of lodging and breakfast shall be subordinate to the principal use of the structure.
Bedroom means a private room within a dwelling unit designed exclusively for sleeping of household members regularly residing within the dwelling unit. The bedroom should be able to be separated or enclosed from communal living areas, contain two (2) means of escape, and contain a minimum of 70 square feet to accommodate one individual, 120 square feet to accommodate two individuals. Gathering and communal rooms such as a living room or family room shall not be considered a bedroom.
Belt course means a horizontal course of brick or stone flush with or projecting beyond the face of a building, often molded to mark a division in the wall. Also called a string course.
Block means a tract of land bordered on all sides by streets, or by one or more streets and a railroad right of way, stream, river or un-subdivided acreage.
All lots that have frontage on the same street as the subject lot between an intersecting street or other boundary.
Boats and Boat Trailers
Boats and boat trailers includes boats, jet skis, canoes, kayaks, catamarans, racing shells, floats, rafts, and similar motorized and non-motorized vessels and watercraft, plus the enclosed and unenclosed trailers used to transport or store the same and related parts, accessories and equipment.
Bond means any form of financial guaranty including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the Planning Board and Fairborn Council.
Buffer yard means a unit of land, together with a specified type and amount of planting thereon, and any structures which may be required, intended to eliminate or minimize conflicts and provide screening within and between land uses.
Buildable area means the portion of a lot remaining after allowing for all required yard areas and other required open spaces.
Building means any structure for the shelter, support or enclosure of persons, animals, chattels or property of any kind.
Building area means the area included within surrounding exterior walls (or exterior walls and fire walls) exclusive of vent shafts and courts. Areas of the building not provided with surrounding walls shall be included in the building area if such areas are included within the horizontal projection of the roof or floor above.
The front, rear or side exterior surface of a building as viewed in a flat scale drawing.
Building height means the vertical distance from grade at a building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hip roof.
Building Materials and Hardware
Building materials and hardware means retailing, wholesaling or rental of building supplies or construction equipment. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments.
Building Setback Line
Building setback line means a line parallel to the street right-of-way line at any story level of a building and representing the minimum distance which all or any part of the building is set back from the right-of-way line.
A building on the same lot with, and of a nature customarily incident and subordinate to, that of the principal building.
A building in which is conducted the principal use of the lot upon which it is situated.
Bulk means the size of lots; the size and placement of buildings or structures, and the location of same with respect to one another, and includes the following:
• Size and height of buildings;
• Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;
• Floor area ratio;
• All open spaces allocated to buildings; and,
• Amount of lot area and lot width provided per dwelling unit.
Business means retail, wholesale, and service establishments which cater to the community needs for goods and services.
• "Retail Business" means the sale of products directly to the consumer for personal, household or farm use including restaurants.
• "Wholesale Business" means the sale of products to retailers or to institutional, industrial, commercial and professional users.
• "Personal Service" means any enterprise conducted for gain which primarily offers services to the general public including, but not limited to, shoe repair, barbershop, beauty parlor, or doctor's office.
• "Business Services" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.
Caliper means the American Association of Nurseryman standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken 6 inches above the ground up to and including 4 inch caliper size, and 12 inches above the ground for a caliper size greater than 4 inches.
A permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building façade (e.g., structural legs, building extensions, etc.). See also definition of "awning."
Cellar means that portion of a building between floor and ceiling having more than one-half (1/2) of its height below grade, being uninhabitable, and therefore not counted towards the computation of floor space, and having primary access from outside said building. See Basement for comparison. See Figure 1133-B under the definition of "basement".
Cemetery means land used or intended to be used for the burial of the human dead and dedicated as a cemetery for such purposes.
Channel (Wireless Telecommunication Facilities)
The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.
Child Care Center Licensee
Child care center licensee means the owner of a child day-care center, Type A family day-care home or Type B family day-care home, licensed pursuant to Chapter 5104 of the Ohio Revised Code who is responsible for ensuring the center's compliance with Chapter 5104 of the Ohio Revised Code and rules adopted pursuant to that chapter.
Child Care Facility
Child care facility means a child day-care center, a type A family day-care home, or a type B family day-care home.
Child Care Provider
Child care provider means any of the following:
• An owner, provider, administrator, or employee of, or volunteer at, a child care facility;
• An in-home aide; or
• A person who represents that the person provides child care.
Child Day Care and Day Care Centers
Child day-care, child care, In-home aide, type A family day-care home, and type B family day-care home means administering to the needs of infants, toddlers, pre- school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four (24) hour day in a place or residence other than a child's own home.
City means the City of Fairborn, Ohio.
Club means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to provide a place of residence or render a service customarily carried on as a commercial enterprise.
Co-location (Wireless Telecommunication Facilities)
The use of a tower or antenna support structure by more than one wireless telecommunications provider.
Commercial and Industrial Equipment and Machinery Sales, Rental, Leasing and Repair
Commercial and industrial machinery and equipment rental and leasing establishments means businesses primarily engaged in renting or leasing machinery and equipment for use in business or industrial operations. These establishments typically cater to a business clientele and do not generally operate a retail-like or store-front facility. Examples including the leasing of heavy equipment, office furniture or equipment, or off-highway transportation equipment.
Commercial entertainment means a facility for any indoor profit-making activity which is providing participatory and/or spectator activities, such as, but not limited to, motion picture theaters, live performances, bowling alleys, commercial recreation, video game rooms, billiard halls, indoor skating rinks, bingo parlors and similar entertainment activities. Commercial entertainment shall not include Adult Uses or computerized sweepstakes terminal café's.
Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
Common area means any land area, and associated facilities, within a planned unit development that is held in common ownership through a Homeowners Association, Community Association or other legal entity.
Community garden means a site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use/consumption, donation or off-site sale of items grown on the site.
Comprehensive Land Use Plan
The most recent comprehensive land use plan for the City of Fairborn, Ohio, as adopted by City Council. The Comprehensive Land Use Plan may also be referred to as the "Comprehensive Plan" or "Land Use Plan."
Computerized Internet Sweepstakes
Computerized internet sweepstakes means any computer, machine, or apparatus which is capable of connection to the Internet, regardless of whether such connection is utilized, through a wireless router telephone line, digital subscriber line, satellite, cellular telephone, cable connection or any other method, which is engaged or accessed upon the insertion of a coin, token, or similar object, or the sliding of a magnetic card or entry of a code, or similar process, or upon payment of anything of value, either directly or indirectly, and which may be operated by the public generally for use as entertainment, amusement or a contest of skill, whether or not registering a score and which when so utilized produces, announces, reveals or discloses the eligibility, award or payment of a cash prize redeemable on or at the Computerized Sweepstakes Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Sweepstakes Device. "Computerized Sweepstakes Device" does not include machines designated for use by the State Lottery Commission.
Computerized Internet Sweepstakes Terminal Café
Computerized internet sweepstakes terminal café means any premises upon which there are situated 2 or more Computerized Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premise has any other business purpose.
Conditional use means a special zoning use that allows the Planning Board and Fairborn City Council to review and place conditions on development standards such as location, design, size, density, operation, intensity of use, generation of traffic and traffic movement, processes and equipment employed, and the amount and kinds of public facilities and services required. These conditions ensure that each proposed use is consistent with the intent and objectives of the particular district in which it is to be located, and protects adjacent properties and the general health, safety and welfare of the public.
Contiguous means next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.
Convalescent, Nursing or Rest Home
Convalescent, nursing or rest home means any building or group of buildings providing personal assistance or nursing care for the aged or infirmed, or any other person in need of continual care from medical practitioners and support staff. In addition to providing medical and monitoring services on a daily basis, such facilities may also provide other recreational, social, educational and cultural activities, transportation and financial services.
Cornice means the uppermost section of moldings along the top of a wall or just below a roof.
Court means an open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
Covering (Adult Uses)
Any clothing or wearing apparel, including pasties, but does not include 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 anatomic area beneath it.
Cul-de-sac means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turn around. This definition does not include streets intended, as of the time of final plat acceptance, to be designed for future extension or connection with another public right of way for vehicular traffic.
Cultural institution means a nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis, with or without a charge for admission. Cultural institution includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, aquariums and the like.
Day Care Center
Day care center means an establishment, other than a day care home, licensed by the State of Ohio, that provides care and supervision for seven or more persons on a less than 24-hour basis. This division includes nursery schools, preschools (when not part of an elementary school), day care centers for children or adults and other day care type facilities licensed by the State of Ohio.
DBM (Wireless Telecommunication Facilities)
Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to 1 milliwatt.
Deminimis quantity means a specified amount of regulated substances, expressed in gallons and/or pounds, that is excluded from the provisions of the "WP" Wellhead Operation District and the "WP" Well Field Protection Overlay District regulations. Any use of regulated substances in excess of the deminimis quantities and not explicitly subject to exclusion is considered nonconforming.
Gross density means the number of dwelling units which are allowed on an area of land, usually an acre, which area of land shall be permitted to include dedicated streets contained within the development.
Developer means any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Zoning Code to effect the development of land.
Development means the division of land; also, the construction of any new building or structure, or the making of any material change in the use or appearance of any existing building or structure above or below grade through activities of construction, erection or alteration.
Distillery/winery means a facility that: (1) ferments juices from grapes and/or other fruit; (2) blends wines; (3) distills and/or blends alcoholic liquors; (4) manufactures, bottles, labels and packages wine and/or alcoholic liquors; and/or (5) performs any other similar activity authorized by the Ohio Division of Liquor Control.
See the definition for "zoning district".
Dog, Pure Domestic
Pure domestic dog means any member of the canine genus - group of species Canis familiaris or Canis lupus familiaris of the family Canidae, or dog family, that has not been bred with any other group of species, species or animal.
Dormer means a window which is set vertically on a sloping roof. The dormer has its own roof, which may be flat, arched, or pointed.
Drive-In and Drive Through Establishment
Drive-in and drive through establishments means a facility at which the customer is served while sitting in a vehicle, typically associated with drive through restaurants, banks and pharmacies.
Driveway means a private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.
Dwelling means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or mobile home, boarding or rooming house, hotel or motel.
Dwelling unit means one room, or a suite of two (2) or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes. A dwelling unit shall be comprised of the following components:
• Kitchen or kitchenette; and
• Bath/toilet facility.
Duplex or duplex dwelling means a building designed for two families, or housekeeping units, living independently of each other in separate dwelling units.
Fourplex dwelling means a building designed for 4 families or housekeeping units, living independently of each other in separate dwelling units.
Dwelling, Multiple Family
Multiple family dwelling means a building or portion thereof designed for or occupied by three (3) or more families, or housekeeping units, living independently of each other in separate dwelling units which are accessible by interior hallways. This type of dwelling unit excludes a hotel.
Dwelling, Single-Family Attached
Single-family attached dwelling means a dwelling unit that is attached to one or more dwelling units, each with independent exterior access and each with no less than two exterior walls. This type of dwelling includes condominiums and townhouses.
Dwelling, Single-Family Detached
Single-family detached dwelling means a building designed for or occupied by one family or housekeeping unit.
Easement means authorization by a property owner for the use or access of a designated area of land by another entity.
Eating or Drinking Establishment
Eating or drinking establishment means a business that is primarily engaged in serving prepared food, beverages for consumption on or off premises, with or without alcohol sales. It includes drinking establishments, bars, night clubs, taverns, pony keg drive-through, lounges or dance halls serving beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine and mixed drinks.
Eave or Eaves
Eave means the edge of a roof. Eaves usually project beyond the side of the building.
EFM (Wireless Telecommunication Facilities)
Electromagnetic Frequency Radiation.
Electromagnetically Able (Wireless Telecommunication Facilities)
The determination that the new signal from and to the proposed new Antennas will not significantly interfere with the existing signals from and to other Facilities located on the same Tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interferences shall be considered when making this determination.
Electronic Message Center
A sign designed so that the characters, letter or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g. electronic or digital signs).
Emergency Care Facility
Emergency Care Facility means a 24-hour outpatient facility, operated by a hospital or health organization, and staffed by doctors and nurses that provides immediate emergency care services similar to what would be expected in a hospital. Urgent care facilities are not considered emergency care facilities.
Employee (Adult Uses)
A person who works or performs in and/or for a adult use, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
Any engineer licensed by the State of Ohio.
Equipment Shelter (Wireless Telecommunication Facilities)
The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
Escort (Adult Uses)
A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.
Escort Agency (Adult Uses)
A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.
Establishment (Adult Uses)
For the purposes of adult uses, the term establishment shall mean and include any of the following:
• The opening or commencement of any adult use as a new business;
• The conversion of an existing business, whether or not an adult use, to any of the adult uses defined in this Zoning Code;
• The addition of any of the adult uses defined in this Zoning Code to any other existing adult uses; or
• The relocation of any such adult use.
The Federal Aviation Administration and any legally appointed, designated or elected agent or successor.
Façade means that portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation.
Family means one or more persons living together as a single housekeeping unit in a dwelling unit; or
Fascia means exterior horizontal visible flat front trim board that caps exterior horizontal visible flat front trim board that caps the rafter tail ends.
The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
Fence means any structure composed of wood, iron, steel, masonry, stone or other structurally sound material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises. Trellises or other structures supporting, or for the purpose of supporting, vines, flowers and other vegetation, when erected in such a position as to enclose all or any part of the premises or otherwise satisfy the intent of this definition shall be considered a fence.
Financial institution means an establishment that provides retail banking, credit and mortgage, or insurance services to individuals and businesses. This classification includes banks and trust companies, savings and loan establishments, credit unions, credit agencies, lending and thrift institutions, investment companies and brokerage firms, securities/commodity contract brokers, securities/commodities exchanges, vehicle finance agencies, check cashing and currency exchange outlets and stand-alone automated teller machines. This does not include payday loan/alternative financial establishments which would be considered "personal services".
Floor Area Ratio (FAR)
Floor area ratio means the gross floor area of all buildings or structures on a lot divided by the total lot area. For example: when a floor area ratio of twenty-five one- hundredths (0.25) is specified the floor area of a building constructed on a lot of 40,000 square feet in area is limited to a maximum of 10,000 square feet. The number of stories being optional, the building area may be 5,000 square feet for each of two (2) stories, 2,500 square feet for each of four (4) stories and so forth. The purpose of this ratio is to control the bulk of buildings and encourage the development of open space or plazas about structures in the intensely developed portions of the City.
Floor Area, Gross
Gross floor area means 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.
Frontage means all the property on one side of a street or place between two intersecting streets or places either crossing or terminating measured along the line of the street or place, or if the street or place is dead ended, then all the property abutting on one side between an intersecting street or place and the dead end of the street or place, but not including the dead end of the street.
Building frontage means the side or façade of a building closest to and most nearly parallel to an abutting street. See Figure 1133-E.
The distance for which the front boundary line of the lot and the street line are coincident. See Figure 1133-E.
Gable means triangle formed by a sloping roof. A building may be front- gabled or side-gabled. Porches and dormers may also be gabled.
Government Office Building
Government office building means administrative, clerical or public contact offices of a government agency.
Grade means the average of the finished ground or surface level at the center of all walls of a building.
Grade of Service (Wireless Telecommunication Facilities)
A measure of percentage of calls which are able to connect to the Basic Station, during the busiest hour of the day. Grade of Service is expressed as a number, such as p.05- which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better Grade of Service.
Group Residential, Congregate Housing
Congregate housing group residential means apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents (e.g. student housing).
Habitable space means areas within a dwelling unit that are used for living, sleeping, eating or cooking. Living or habitable space includes bathrooms, toilet compartments and other sanitary facilities and halls, but does not include closets, crawl spaces, garages and other storage and uninhabitable areas.
Hazard means any danger to public health, welfare or safety, including exposure to risk or damage to property or liability for personal injury; or risk of harm to land, air or water resulting in environmental degradation. Hazards can include, but are not limited to, flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.
Building height means the vertical distance from grade at a building line to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the average height of the highest gable of a pitched or hip roof.
Home occupation means an occupation which is customarily incidental to the principal use of the premises and is conducted by a member of the immediate household occupying such dwelling.
Hospital means an institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out- patient department, training facilities, central service facilities and staff offices which are an integral part of the facility.
• Hotel means a place of transient residence which includes:
• A hotel includes any structure consisting of one or more buildings containing any combination of more than 5 guestrooms that are each approved by the Chief Building Official and the fire chief as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in this section. "Hotel" does not include agricultural labor camps, apartment houses, apartments or other similar places of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.
Hotel, Extended Stay
An extended stay hotel means any structure consisting of one or more buildings, with more than five (5) dwelling units with provisions for living, eating, cooking, sanitation, and sleeping, that is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where temporary residence is offered for more than thirty (30) days and a maximum stay of one (1) year within the dwelling units at the structure, that is approved pursuant to a valid certificate of occupancy issued by the chief building official, having all of the required dwelling unit features, and for which such valid certificate of occupancy indicates the specific rooms within the structure that can be used as dwelling units, and that is approved by the fire chief for extended stay temporary residence purposes. NOTE: In part from Ohio Revised Code
Impervious surface means any material that prevents the infiltration of storm water into the ground. The definition includes, but is not limited to, building and structural components such as roofs, roof overhangs, eaves, decks and patios. The definition also includes structural and non-structural surfaces, materials and minerals such as roads, parking lots, sidewalks, driveways, decorative pavers, concrete, cement, asphalt, brick, crushed rock and gravel. Impervious surface coverage is measured in square feet and as a percentage of lot area.
Improved surface means concrete, asphalt, aggregate base, sub-base, asphalt concrete, brick or such other unenclosed surfaces as approved by the Chief Building Official and City Engineer.
Improvements means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, street signs, utility lines, landscaping, and other related matters normally associated with the development of unimproved land into building sites.
Incidental means an object or use necessarily found in connection with the principal structure or use, but subordinate and secondary thereto.
Junk yard means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled; including auto wrecking yards, house wrecking yards, used material yards, but not including pawn shops, antique shops and places for the sale, purchase or storage of used furniture and household equipment, used cars in operable condition or salvaged materials incidental to manufacturing operations.
Kennel means any structure or premises on which five (5) or more dogs or cats over three (3) months of age are housed, bred, boarded, or trained overnight. Pet shops shall not be included within this definition. Kennels are further regulated as specified in Chapter 1128.
Laboratory or Research Establishment
Laboratory or research establishment means a facility primarily for medical, optical, orthotic, prosthetic, or dental laboratory services, photographic, analytical, or testing services and/or engaged in the research, development and controlled production of high technology electronic, industrial or scientific products or commodities for sale.
Landscaped area means an area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
Lap Dance (Adult Uses)
A lap dance, also known as a straddle dance, face dance, or flash dance, shall mean the use by an employee, whether clothed or partially or totally nude, of any part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee by a person while at the establishment. It shall be a lap dance regardless of whether the touch or touching occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a lap dance regardless of whether the touch or touching is direct or through a medium.
Large Retail Development
Large retail development means any new construction 75,000 gross square feet or greater in a single building retail development or 100,000 gross square feet or greater in a multiple building retail development, regardless of the number of building tenants. A large retail development shall include a single use or any combination of uses from the following categories as defined and regulated by Chapters 1122 of the Zoning Ordinance:
• Retail and Service
• Financial Institutions
• Trade and Services
• Retail Stores
• Personal Services and Business Services
Lattice means a framework consisting of an ornamental design made of strips of wood or metal.
Loading Space means an off-street space or berth on the same lot within a building or contiguous to a group of buildings for temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
Lot means a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
• A single lot of record;
• A portion of a lot of record;
• A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record, provided that it is recorded as one lot; or
• A parcel of land described by metes and bounds description provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirement of this Zoning Ordinance.
The area of a lot shall be computed from the area contained in horizontal plane defined by the lot lines.
Lot coverage means that portion of a lot which, when viewed directly from above, would be covered by a building, principal or accessory, or any part of a building covered by a roof or structure extending thirty inches or greater above the grade of the lot; and any portion of the lot which is devoted to off-street parking, including access aisles and driveways. By definition, lot coverage is one component of impervious surface.
The depth of a lot shall be considered to be the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
Lot Line, Front
Lot Line, Rear
A rear lot line shall mean the lot line(s) generally opposite the front lot line. See Figure 1133-G.
Lot Line, Side
Lot lines mean the lines bounding a lot.
Lot of Record
Lot of record means a lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder of Greene County, Ohio, or a lot described by metes and bounds, the description of which has been recorded in the office of the County Recorder.
The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot measured across the rear of the required front yard, provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent of the required lot width except in the case of lots on the turning circle of cul-de-sacs, where the eighty percent requirements shall not apply. See Figure 1133-F.
Corner lot means a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 122 degrees. See Figure 1133-F.
Interior lot means a lot other than a corner lot with only one frontage on a street other than an alley. See Figure 1133-F.
Lot, Reversed Frontage
Reversed frontage lot means a lot in which the frontage is at right angles, or approximately right angles, to the general pattern in the area involved. A reversed frontage lot may also be a corner lot or an interior lot. See Figure 1133-F.
Through lot means a lot other than a corner lot with frontage on more than one street other than an alley. Through lots with frontage on two streets may be referred to as "double frontage" lots. See Figure 1133-F.
Manufactured home or mobile home means a structure that is fabricated in an off-site facility, on a chassis to be towed or transported on wheels, designed as a permanent dwelling comprised of one or more sections and intended for year-round occupancy when securely anchored to the ground and connected to utilities. Such manufactured home shall contain not less than 600 square feet nor more than 2,000 square feet of gross floor area, shall be equipped with a water- flushed toilet, lavatory and bathtub or shower, and shall be no higher than twenty-two (22) feet at the highest point from the mounting pad. Any manufactured home site after January 1, 1998, shall be constructed in compliance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974", 88 Stat. 700, 42 U.S.C.A. 5401, 5403 or subsequent amendments thereto, and shall have a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. A portable camping unit or recreational vehicle is not defined as a manufactured home.
Manufactured Home Lot
Manufactured home lot or mobile home lot means an area of land within a manufactured home park that is planned and developed in such a manner as to provide a location for one manufactured home or manufactured HUD unit.
Manufactured Home Park
Manufactured home park or mobile home park means one or more contiguous parcels of land, under a single ownership and/or management, which have been planned and developed for the placement of manufactured HUD units or manufactured homes on a manufactured home lot for non-transient occupancy.
Manufactured HUD Unit
Manufactured HUD unit means a permanently-sited, occupancy-ready manufactured residential housing unit as defined under 24 CFR 3280.2 of the Department of Housing and Urban Development regulations establishing manufactured home construction and safety standards.
Artisan manufacturing means a business primarily engaged in the on-site production of goods by hand manufacturing which involve the use of hand tools and small scale equipment.
General Manufacturing includes the production of products, from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes: food, beverage and tobacco product manufacturing; textiles, apparel, leather and allied products, wood products, paper, chemicals, plastics, rubber, nonmetallic mineral products, fabricated metal products, and transportation equipment. This does not include any activity listed under High Intensity Manufacturing.
Manufacturing, High Intensity
High intensity manufacturing includes the production of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining.
Massage Parlor (Adult Uses)
Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities", or where any person providing such treatment, manipulation, or service related thereto, exposes his or her "specified anatomical areas". The definition of adult use shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program nor by any Licensed Massage Therapist licensed in the State of Ohio pursuant to the Ohio Revised Code.
Medical dispensary means an office or provider, licensed by the State of Ohio, that dispenses medical cannabis as per prescription.
Medical or Dental Office or Clinic
Medical or dental office or clinic means a facility other than a hospital where medical, mental health, surgical and other personal health services are provided on an outpatient basis. Examples of these uses include: offices for physicians, dentists, chiropractors, or other health care professionals; outpatient care facilities; urgent care facilities; and other allied health services. These facilities may also include incidental medical laboratories. Counseling services by other than medical doctors or psychiatrists are included under "Offices Professional/Administrative." Patients are not provided with room and board and are not kept overnight on the premises. Medical Services and medical clinics include medical and dental laboratories incidental to the medical office use.
Meeting hall means a building primarily used by a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to provide a place of residence or render a service customarily carried on as a commercial enterprise.
Microbrewery means a place of business primarily engaged in the manufacture and wholesale sale of ale and malt liquor, subject to applicable provisions of the Ohio Revised Code.
Mineral extraction means the quarrying and extraction of minerals from the ground, and the storage, processing and sales of minerals, aggregates, sand, limestone, stone, gravel, clay, overburden, topsoil and other minerals; provided however, mineral extraction shall not include extraction of oil and gas.
See Manufactured Home.
Monitoring Protocol (Wireless Telecommunication Facilities)
An approved testing protocol as defined in the most current FCC regulations. As of August 15, 1997, the most current practice is referenced in FCC Regulations, Title 47, Part 1, Section 1.1307 as IEEE C95.1-1992.
Monopole (Wireless Telecommunication Facilities)
A support structure constructed as a single, self-supporting hollow metal tube securely anchored to a foundation.
Motor home means a self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.
Nude Model Studio (Adult Uses)
means 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 proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation.
• 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
• 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, State of Nudity, or Nude (Adult Uses)
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 stimulates any of these anatomical areas.
Office, Business or Professional
Business or professional office means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
Oil and Gas Storage
Oil and gas storage means a tank farm or outdoor facility for the storage of oil, gas and related products.
Open space means:
• An area open to the sky that may be on the same lot with a building and may include, along with environmental features, recreation facilities such as pools, tennis courts and similar outdoor activities; or,
• Land devoted to conservation or recreational purposes and/or land designated by the City to remain undeveloped.
Open Space, Formal
Formal open space is a generally planned and structured area that includes formally designed landscape plantings, activity areas, or is otherwise usable by the residents or occupants of the applicable development. The space is regularly maintained and may include streetscape furnishings (e.g., benches, lighting, and sculptures), recreational improvements (e.g., playground, swimming pool, tennis courts), and street improvements.
Operator (Adult Uses)
The term operator shall mean and include the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
Orientation means the direction a building faces. Most buildings squarely face a street, with their principal facade and entrance in full view.
Outdoor storage means the keeping of commercial goods, equipment and raw materials in an open lot.
Overlay District means 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 districts to which such designation is added.
Pad means a building site or parking area improvement prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.
Parapet means a low wall projecting from the edge of a platform, terrace, or roof. Parapets may rise above the cornice of a building or form the upper portion of a defensive wall on a castle. In Mission style homes, rounded parapets are often used as decorative features.
Parking lot means a parcel of land containing one or more unenclosed parking spaces whose use is principal to the lot as differentiated from an accessory use, as in a residential lot.
Parking space means a durable, solid surfaced area, enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a paved driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.
Performance standard means a land use or development requirement which establishes allowed effects or characteristics of a land use or activity, rather than prescribing the allowed uses or activities themselves.
Permitted or Licensed Premises (Adult Uses)
Any premises that requires a license and/or permit and that is classified as an adult use.
Permittee and/or Licensee (Adult Uses)
A person in whose name a permit and/or license to operate an adult use has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
An individual, proprietorship, partnership, corporation, association, or other legal entity.
Planned Unit Development
Planned Unit Development means a predominantly residential, commercial, industrial, or mixed use development located within a respective zoning district which provides a means for encouraging ingenuity, imagination and flexibility in the planning and designing of land areas and permitting uses and intensities of development which could cause adverse impact in other zoning categories. The Planned Unit Development District regulations provide a controlled flexibility by utilizing objectives and performance standards rather than rigid design requirements, the intent being to encourage developments which possess greater amenities than that resulting under standard zoning district requirements.
Planning Board means the Planning Commission for the City of Fairborn, as permitted by Chapter 713 of the Ohio Revised Code.
Premises means a lot, parcel, tract, plot of land, or sum total of the previous, containing all principal and accessory structures thereon.
Private Performance (Adult Uses)
The display or exposure of any specified anatomical area by an employee at an adult use to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment.
Proportion means the relationship of the dimensions of building elements, such as windows and doors, to each other and to the elevations. Often, proportions are expressed as mathematical ratios, particularly for buildings based on Greek, Roman and Renaissance architecture.
Protected Public Water Supply
Protected public water supply means a public water system which services at least fifteen service connections used by year-round residents or regularly serves at least twenty-five year- round residents, and having a one-year capture area defined through appropriate hydrologic studies.
For the purpose of regulating adult uses in Chapter 1126: Adult Uses, "protected uses" are those uses listed below and defined as:
• "Public building" means any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes;
• “Public park" or "recreation area" means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities;
• "Religious institution" means any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities;
• "Residential district or use" means a single family, duplex, townhouse, multiple family, retirement or nursing home, or Mobile Home Park or subdivision and campground as defined in the Zoning Code;
• "School" means any public or private educational facility including but not limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. School includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school;
• "Hotel" or "motel"; and/or
• Establishment that sells alcoholic beverages either packaged, by the glass, or by other means.
Public Safety Facility
Public safety facility means a facility for public safety and emergency services, including police and fire protection and related training facilities.
Public Use (Adult Uses)
Any use designed for the benefit and/or accommodation of the general public which is available to all persons, without restriction, regardless of whether or not a fee is charged for admission.
Public Works/Maintenance Facility
Public works/ maintenance facility means a governmentally owned facility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes governmentally owned construction yards, equipment service centers and similar facilities.
Purlin means timber used to support roofing sheets. Usually fixed on top of rafters.
Radiation Propagation Studies or Radial Plots (Wireless Telecommunication Facilities)
Computer generated estimates of the radiation emanating from Antennas or Repeaters sited on a specific Tower or Structure. The height above ground and above mean sea level, power input and output, frequency output, type of antenna, antenna gain energy dispersion characteristics, and topography of both the site and its surroundings are all taken into account to create these situations. They are the primary tool for determining whether a site will provide Adequate Coverage for the Personal Wireless Telecommunications Service Facility proposed for that site.
Rafter means a parallel member of a roof that support battens/purlins and roofing materials.
Rail means the top and bottom frame member of a door or window that is not the jamb.
Railroad and Freight Station
Railroad and freight station means land used for classification yards, switch tracks, team tracks, storage tracks and areas for the transfer and storage of freight.
Recreational Facility, Indoor
Indoor recreational facility means small, generally indoor facilities, although some facilities may be outdoor, including: fitness centers, gymnasiums, handball, racquetball or tennis club facilities, ice or roller skating rinks, movie theaters (three or fewer screens); bingo parlors, billiard parlors, bowling centers, poolrooms, miniature golf courses and amusement arcades. This use shall not include computerized sweepstakes terminal café's.
Recreational Facility, Outdoor or Large Scale
Outdoor or large scale recreational facility means large, generally outdoor facilities, including: sports stadiums and arenas; amusement and theme parks; racetracks; driving ranges; swimming or wave pools; entertainment complexes; movie theaters (4 or more screens); drive-in theaters; archery or shooting ranges; riding stables; campgrounds; recreational vehicle parks; miniature golf; golf courses and country clubs, etc.
Regulated substances means chemicals and mixtures of chemicals which 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:
• 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, heptotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membrances.
• Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
• 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 percent (1%) 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 percent (0.1%) or greater of the composition on a weight per unit weight basis.
• 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 percent (0.1%) of the mixture on a weight per unit weight basis if carcinogenic, or less than one percent (1%) of the mixture on a weight per unit weight basis if non-carcinogenic.
• Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids).
Religious Place of Worship
Religious place of worship means a permanently located church, cathedral, synagogue, temple, mosque, or other place dedicated to religious worship. As part of its functions it may include the following incidental and subordinate uses subject to applicable federal, state and local regulations: offices, residences for clergy, religious instruction, educational institutions, private and special schools, day care centers, emergency shelters, and community and recreational activities.
Residential Care and Congregate Residential
Residential care and congregate residential means an establishment operated for the purpose of providing special care or rehabilitation to the occupants, as defined in the Ohio Revised Code Sections 5119.341 and 5123.19, including the following:
• Assisted living
• Developmental disability dwelling
• Elderly Care
• Life Care or Continuing Care Services
• Mental Health or Substance Abuse
• Nursing care
Retail Sales and Services
Retail sales and services means an establishment engaged in sales of goods or the provision of services, including, but not limited to: alcoholic beverages, 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, pawn shops, video stores and auto parts, tailor, dry cleaning, tax preparation, hairdresser, or barber. This classification includes the retail sale or rental of merchandise not specifically listed under another use classification.
Reveal means the part of the side of a window or door opening that is between the outer surface of a wall and the window or door frame.
Rhythm means the spacing of repetitive façade elements, such as projecting bays, storefronts, windows, doors, belt courses and the like.
Land areas obtained by easement or deed by railroads or government entities for a public interest, to allow movement by trains or vehicles.
A mansard roof means a roof with two slopes on each of the four sides. The lower slope is steeper than the upper slope. Dormers are often set in the lower slope. The upper slope is usually not visible from the ground.
Scale means the relationship of the size of a building or object to the size of a human being. Grand or large scale implies a size out of proportion to human size, while small or intimate scale implies the opposite.
School, College or University, Vocational and Technical, Trade or Business
School, college or university, vocational and technical, trade or business means an institution of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees. This classification includes business and computer schools, management training, technical vocational and trade schools, but excludes personal instructional services.
School, Elementary or Secondary for Academic Instruction
School, elementary or secondary for academic instruction means any school having regular sessions with regularly employed instructors teaching subjects which are fundamental and essential for a general academic education, under the supervision of, and in accordance with, the applicable statutes of the State of Ohio.
Semi-Nudity or Semi-Nude Condition or Semi-Nude (Adult Uses)
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 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 means the distance between the building or structure and any lot line.
Sexual Encounter Establishment (Adult Uses)
A business commercial establishment, that as one of its primary business or purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one or more of the persons is in a state of nudity or semi-nudity. The definition of adult use shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Section 1131.05: Measurements and Calculations.
Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign.
The surface of the sign upon, against or through which the message of the sign is exhibited.
The vertical distance to top of sign structure as measured pursuant to Section 1131.05: Measurements and Calculations.
A sign painted on, printed on or attached flat against the surface of an awning.
A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner signs is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a "Sign, Yard."
Signs that are attached to the building including wall signs, projecting signs, awning signs, suspended signs, flag banner signs, and canopy signs.
A sign attached to the soffit or fascia of a canopy of a covered entrance or walkway, or to a permanent canopy.
Sign, Changeable Copy
A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also the definition of "electronic message center."
Any signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.
A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
Sign, Flag Banner
Any rigid cloth, plastic or canvas sign with no enclosing framework that is mounted to a building at one or more edges or on a pole. Flags with noncommercial speech shall not be considered flag banner signs.
A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure. Unless otherwise stated, monument signs shall either be a pole sign or monument sign. A sign that is placed on two posts, which are no more than two feet in height to the base of the sign cabinet or sign face, shall be considered a monument sign for the purposes of this chapter.
Any sign which was erected legally prior to the adoption of this code, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
A sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
A permanent freestanding sign supported by one or more uprights, poles or braces placed in or upon the ground surface and not attached to any building.
Any sign not attached to the ground or a sign designed to be transported, including signs designed to be transported by means of wheels. Such signs shall not include sidewalk signs as allowed in Section 1131.10: Temporary Signs.
A sign that is affixed perpendicular to a building or wall and extends more than eighteen inches beyond the face of such building or wall.
Sign, Sidewalk (A-Frame)
A freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-frame signs. Such signs are placed on a public sidewalk, private sidewalk, or similar walkway, in a manner established in Section 1131.10(e)(1).
Sign, Sidewalk (T-Frame)
A freestanding sign which is ordinarily in the shape of an upside down "T" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition for A-frame signs. Such signs are placed on a public sidewalk, private sidewalk, or similar walkway, in a manner established in Section 1131.10(e)(1).
A sign that is affixed beneath the roof of a canopy, awning, or outdoor form of a ceiling that maintain the minimum clearance requirements established in this code.
A sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display.
A sign attached directly to an exterior wall of a building with the exposed face of the sign in a plane parallel to the building wall.
A sign attached to, in contact with, placed upon or painted on the window or door of a building which is intended for viewing from the outside of such building. This does not include merchandise located in a window.
Any temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building.
Sill means the framing member that forms the bottom edge of the window opening.
Site plan means a scaled drawing of a proposed development showing grade, property lines, building locations, drives, walkways, parking areas, fencing, screening, setbacks, signs and other improvements.
Slope (Related to Roofs)
Slope means the incline of the roof. Amount of rise for every twelve inches of run.
Slope (Related to the Ground or Topography)
The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slope is usually expressed in a percentage based upon vertical differences in feet per 100 feet of horizontal distance.
Soffit means a horizontal member that fills the gap between the exterior wall and the fascia.
Specified Anatomical Areas (Adult Uses)
As used in Chapter 1126: Adult Uses, specified anatomical areas means and includes any of the following:
• Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
• Human male genitals in a discernible turgid state, even if completely and opaquely covered.
Specified Criminal Acts (Adult Uses)
Sexual crimes against children, sexual abuse, rape, gross sexual imposition, and other crimes connected with adult uses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution, tax violations in connection with an adult use, or acts prohibited by the Ohio Revised Code.
Specified Sexual Activities (Adult Uses)
As used in Chapter 1126: Adult Uses, specified sexual activities means and includes any of the following:
• The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
• Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
• Masturbation, actual or simulated; or
• Human genitals in a state of sexual stimulation, arousal or tumescence; or
• Excretory functions as part of or in connection with any of the activities set forth above.
Static/Instant Message Change
On electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing, or other movement of the message.
Story means that portion of a building, other than a basement, included between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.
Half-story means a habitable space under a sloping roof which has the line of intersection of roof decking and wall face not more than three (3) feet above the top floor level, and in which space not more than two-thirds (2/3) of the floor area is finished off for use. A half-story containing independent apartment or living quarters shall be counted as a full story.
Street means a common way that serves as the principal means of access to abutting properties for vehicles, bicycles and pedestrians. May be used interchangeably with road or roadway.
Street line means a dividing line between a lot, tract or parcel of land and a contiguous street.
Arterial street means a major street that provides intra-community travel and access to the county or regional highway system. Access to an arterial should be provided at collector and local streets.
Collector street means a street which provides for distribution of traffic between major and local streets and abutting properties, including the principal entrance and circulation routes within residential subdivisions.
Local street means a minor street primarily used for providing access to individual properties.
Private street means a street not dedicated to the City.
Public street means a street dedicated to the City.
Structural alterations means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls.
Structure means anything constructed or erected, the use of which requires permanent location on the ground or which is attached to something having a permanent location on the ground.
A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
A use or structure permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed period of tim. A temporary structure is without a foundation or footing.
Studio or Meeting Facility
Studio or meeting facility means facilities, typically accommodating groups of students in multiple instructional spaces. Examples of these facilities include: individual and group instruction and training in the arts; production rehearsal; photography, and the processing of photographs produced only by users of the studio facilities; martial arts training studios; gymnastics instruction, and aerobics and gymnastics studios with no other fitness facilities or equipment. This definition also includes production studios for individual musicians, painters, sculptors, photographers, and other artists.
Substantial Enlargement of an Adult Use
The substantial enlargement of an adult use means increase in the floor areas occupied by the business by more than fifteen (15%), as the floor areas exist on June 1, 1997.
A water filled enclosure, permanent or portable, with or without water heating or circulating functions, having a depth of more than eighteen inches below the level of the surrounding land, or an above-surface pool, having a depth of more than 36 inches, designed, used and maintained for swimming, bathing, or soaking by the residents, tenants, or occupants of the subject property.
Tent-Type Fold Out Camping Trailer
Tent-type fold out camping trailer means any vehicle intended to be used, when stationary, as a temporary shelter with living and sleeping facilities, and which is subject to the following properties and limitations:
• A minimum of twenty-five percent (25%) of the fold out portion of the top and sidewalls combined must be constructed of canvas, vinyl or other fabric, and form an integral part of the shelter.
• When folded, the unit shall not exceed:
• 15 feet in length, exclusive of bumper and tongue;
• 60 inches in height from the point of contact with the ground;
A. Eight (8) feet in width;
B. One (1) ton gross weight at time of sale.
Tower (Wireless Telecommunication Facilities)
A self-supporting, monopole, or guyed structure, constructed from grade, which supports wireless telecommunications facilities. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
Transfer of Ownership or Control of an Adult Use
The transfer of ownership or control of an adult use means and includes any of the following:
• The sale, lease or sublease of the business;
• The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means;
• The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death a person possessing the ownership or control.
Transparency means the amount of glass and other transparent materials used in openings such as doors and windows to promote visual interest in storefronts, especially at the pedestrian level.
Travel trailer means a nonself-propelled recreational vehicle not exceeding an overall length of thirty-five (35) feet, exclusive of bumper and tongue or coupling, and includes a tent-type fold out camping trailer as defined in Ohio R.C. 4517.01(N).
Truck camper means a nonself-propelled recreational vehicle without wheels for road use and designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers which consist of walls and roof but do not have floors and facilities for using same as a dwelling.
Type A Family Day-Care Home
Type A family day-care home means a permanent residence of the provider in which child care is provided for seven (7) to twelve (12) children at one time or four (4) or more children at one time under two (2) years of age. In counting children for the purposes of this division, any child under six (6) years of age who are related to the provider and who are on the premises of the Type A family day-care home shall be counted.
Type B Family Day-Care Home
Type B family day-care home means a permanent residence of the provider in which child care is provided for one (1) to six (6) children at one time, and no more than three (3) children are under two (2) years of age at one time, counting children for the purposes of this division, any child under age six (6) years of age who are related to the provider and who are on the premise of the Type B family day-care home shall be counted.
Underground Storage Tank
Underground storage tank means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of "regulated substances" and the volume of which (including the volume of underground pipes connected thereto) is ten percent (10%) or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.
Use means the activity occurring on a lot or parcel for which land, building or a structure is arranged, designed, or intended, or for which land or a building is or may be occupied, including all accessory uses.
Use, Change of
Change of use means the change of activity of a building, structure or premise.
Nonconforming use means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Ordinance, or any amendment thereof, and which does not conform with the use provisions of this Ordinance for the district in which the premises are located.
Nonconforming use means a use which lawfully occupied a building or land at the time this Zoning Ordinance became effective, which has been lawfully continued and which does not now conform with the use regulations.
"Principal use" means a use which fulfills a primary function of a household, establishment, institution, or other entity.
Temporary use means a use that is authorized by this Zoning Ordinance to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors" offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.
Variance means an adjustment to the development standards of the zoning regulations, that does not apply to use or required density that is reviewed and approved, modified, or denied by the Fairborn Board of Zoning Appeals after at least one public hearing.
Vehicle Body Shop
Vehicle body shop means a building, lot, or portion of a lot used or intended to be used for the business of collision service, which shall include body, frame, or fender straightening or repair, painting and glass replacement. It also includes the reconditioning of motor vehicles, which shall include repainting, resculpturing, rust repair, steam cleaning, and undercoating.
Vehicle Fuel Sales
Vehicle fuel sales means a building and/or lot or use having pumps and storage tanks where motor vehicle fuels or lubricating oil or grease or accessories for motor vehicles are dispensed, sold, or offered for sale at retail only; where deliveries are made directly into motor vehicles, including greasing and oiling on the premises and car washing; and where repair services is incidental to the use.
Vehicle Repair Facility
Vehicle repair facility means a building, lot, or portion of a lot used or intended to be used for the business of general motor vehicle repair and service, including engine rebuilding, transmission work, or reconditioning of motor vehicles, but excludes motor vehicle body shops and junk yards.
Vehicle Sales, Rental and Lease
Vehicle sales, rental and lease means a building, lot, or portion of a lot used or intended to be used for the display, sale, rent or lease of new or used motor vehicles in operable condition and where repair service is accessory to the sale, rental or lease.
Vehicle Self-Service Station/Convenience Store
Vehicle self-service station/convenience store means a building, lot, or portion of a lot used or intended to be used for the retail dispensing of vehicular fuels, and may as an accessory use sell convenience food items, commercial products and lubricants, but not including any repair or storage of motor vehicles.
Vehicle Service and Repair Facility
Vehicle service and repair facility means a building, lot, or portion of a lot used or intended to be used for the retail dispensing of vehicle fuels, and including as an accessory use minor mechanical repair such as brake, exhaust and muffler work, and the dispensing of lubricants, tires, batteries, similar accessories, and convenience food items.
Vehicle Wash Facility
Vehicle wash facility means a building, lot, or portion of a lot used or intended to be used exclusively for exterior washing and interior cleaning of motor vehicles.
Veterinary clinic means a structure or premises utilized for the diagnosis and treatment of ill and injured animals and the short-term boarding incidental to the clinical use. A veterinary clinic cannot be implicitly interpreted as a kennel.
Warehousing means a facility for the storage and distribution of property without sales to the public.
Warehousing, Personal Storage/Mini
Warehousing, personal storage/mini means a facility for the storage of personal property in a secure, individual unit.
Well field means a tract of land that contains one or a number of wells for supplying water.
Wellhead means the source of a spring or stream.
Wholesale and Distribution
Wholesale and distribution means an establishment that engages in the sale of goods, merchandise and commodities for resale by the purchaser.
Wireless Telecommunication Antenna
Any panel, whip, dish, or other apparatus designed for communications through the sending and receiving of electromagnetic waves, excluding any support structure other than brackets.
Wireless Telecommunication Facility
Wireless telecommunication facility means public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless telecommunications, including commercial earth stations for satellite-based communications. Wireless telecommunication facilities include antennas, commercial satellite dish antennas, and equipment buildings. Wireless telecommunication facilities do not include telephone, telegraph and cable television transmission facilities utilizing hard-wired or direct cable connections.
Wireless Telecommunication Tower
Wireless telecommunication tower means a structure that elevates the wireless telecommunication antenna and may include accessory transmission and receiving equipment, including, but not limited to, self-supporting lattice, guyed or monopole towers.
Wrecking, Junk, and Salvage Yard
Wrecking, junk, and salvage yard means an area used to store resalable items and junk.
Yard means an open space at grade that lies between a principal building and the nearest lot line. Such yard is unoccupied and obstructed from grade upward except as may be specifically provided in the Zoning Ordinance.
Front yard means space extending the full width of the lot between the principal building and the front lot line, and measured perpendicular to the building at the closest point to the front lot line. Such front yard is unoccupied and unobstructed from grade upward except as may be permitted elsewhere in this zoning code. A corner lot or a through lot shall be required to have a front yard on each street abutting the lot. See Figure 1133-H.
Rear yard means a space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the building to the closest point of the rear lot line. Such rear yard is unoccupied and unobstructed from grade upward except as may be permitted elsewhere in this Zoning Ordinance. A corner lot or a through lot shall not have a rear yard. See Figure 1133-H.
Required yard means a space between a lot line and the buildable area within which no structure shall be located except as provided in this Zoning Ordinance.
Side yard means a space extending from the front yard to the rear yard between the principal building and the side lot line, and measured perpendicular from the side lot line to the closest point of the principal building. Such side yard is unoccupied and unobstructed from grade except as may be provided elsewhere in this Zoning Ordinance. On a corner lot, any yard opposite a front yard is defined as a side yard. See Figure 1133-H.
Zoning Administrator means the person designated by the City of Fairborn to administer and enforce the provisions of this Zoning Code.
Any section of the City for which the regulations governing the use of buildings and premises and the height and area of buildings are uniform as defined by Chapter 1122: Use Districts.
Zoning Map, Official
The Official Zoning Map is the official district map of the City of Fairborn, as adopted by Fairborn City Council, together with all amendments subsequently adopted by the Fairborn City Council, kept on file by the Fairborn Clerk of Council.
(Ord. 34-17. Effective 12-7-17; Ord. 21-19. Passed 4-1-19.)