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As used in Titles Three, Five and Seven of Part Eleven - Planning and Zoning Code, the following words and phrases shall have the following meanings ascribed to them in this section.
(1) Interpretation of language. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of the Zoning Ordinance. Words used in the present tense include the future; the singular number shall include the plural and the plural the singular; the word "used" shall include "arranged, designed, constructed, altered, converted, rented, leased or intended to be used"; and the word "shall" is mandatory.
(2) "Accessory use or structure" means a use or structure subordinate to the principal use of a building or to the principal use of land, located on the same lot as such principal use and serving a purpose customarily incidental to the use of the principal building or land use.
(3) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce raised on the premises; provided, however, that the operation of such accessory uses shall be secondary to that of normal agricultural activities and further provided that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
(4) "Alley or lane" means a public or private way not more than twenty feet wide affording only secondary means of access to abutting property.
(5) "Alterations" means as applied to a building or structure, a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.
(6) "Apartment" means a suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(7) "Apartment hotel" means an apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(8) "Apartment house". See Dwelling, Multi-Family.
(Ord. 94-84. Passed 7-9-84.)
(Ord. 94-84. Passed 7-9-84.)
(8.1) "Banquet hall" means an establishment which is rented by individuals or groups to accommodate public or private functions including, but not limited to, banquets, weddings, birthday parties, anniversaries, receptions and other similar celebrations and may or may not have a liquor license or open air facilities.
(Ord. 123-18. Passed 12-3-18.)
(Ord. 123-18. Passed 12-3-18.)
(9) "Basement" means a story whose floor is more than twelve inches but not more than half of its story height below the average level of the adjoining grounds, as distinguished from a cellar which is a story more than one-half below such level.
(10) "Beginning of construction" means the incorporation of labor and materials for foundation installation in new buildings and when within the wall of a building being altered.
(11) "Board" means the Board of Zoning Appeals of the City of Fairfield, Ohio.
(12) "Boarding or lodging house" means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for five or more persons not transients.
(12.1) "Buffer" means the portion of a lot or parcel of land to be preserved as open space which may be required along the common property line(s) of two incompatible land uses.
(13) "Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up, each part is deemed a separate building, except as regards minimum sideyard requirements as hereinafter provided.
(14) "Building, height of" means the vertical distance measured from the average elevation of the proposed finished grade at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(14.1) "Car wash" means an establishment for the washing of automobiles, motorcycles and trucks of one ton rating or less which involves automatically controlled or hand washing operations attended on the premises by employees of the operation at all times during designated hours of business.
(14.2) "Car wash, self-service" means an establishment for the washing of automobiles, motorcycles and trucks of one ton rating or less done by the customer and ordinarily not attended by employees of the business.
(15) "Cellar" means a story the floor of which is more than one-half of its story height below the average level of the adjoining ground at the exterior walls of the building.
(16) "Certificate of occupancy" means a document issued by the Building Inspector certifying that a building, structure, and/or its use or the use of premises conform with the provisions of the Zoning Ordinance or, in case of a nonconforming use that it constitutes such use under terms of the Zoning Ordinance.
(17) "City Engineer" means the City Engineer of the City of Fairfield, Ohio.
(17.1) "Church" means an institution where persons sharing the same faith, and observance of ceremonies and doctrines assemble regularly for worship, congregation, study and instruction for religious purposes.
(18) "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons, but who are not provided with board or room or kept overnight on the premises.
(19) "Club" means a nonprofit association of persons who are bona-fide members organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(28) "District, more restricted or less restricted" means that each of the districts in the following list shall be deemed to be more restricted than any of the districts succeeding it, and each shall be deemed to be less restricted than any of the districts preceding it: A-1, R-0, R-1, R-2, R-3, R-4, B-1, C-4, C-1, C-2, C-2A, C-2B, C-3, C-3A, M-1, M-lA. M-2 and M-2A.
(29) "Drive-thru facility" means any operation by a business establishment where the transfer of goods and services to the customers is designed to be done while the customer remains in his or her vehicle.
(30) "Dump" means a lot or land or part thereof used primarily for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose, or garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.
(31) "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, summer home, boarding or lodging house, motel, hotel, tourist home, resort and, except when located in an appropriate trailer park, a trailer or trailer coach.
(32) "Dwelling, one-family" means a building designed for or used exclusively for residence purposes by one family.
(33) "Dwelling, two-family" means a building designed for or used exclusively for residence purposes by two families living independently of each other.
(34) "Dwelling, three-family" means a building designed for or used exclusively for residence purposes by three families living independently of each other.
(35) "Dwelling, multi-family" means a building or portion thereof designed for or used exclusively for residence purposes by four or more families living independently of each other.
(36) "Essential services" means the erection, construction, alteration, or maintenance, by public utilities or governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies for the public health or safety or general welfare, but not including buildings, other than accessory buildings. (Ord. 94-84. Passed 7-9-84.)
(37) "Family" means a person living alone, or two or more persons living together as a single housekeeping unit, in a dwelling unit, as distinguished from a group occupying a boarding or lodging house, motel or hotel, fraternity or sorority house. This definition also excludes groups occupying community social service facilities. (Ord. 156-92. Passed 12-14-92.)
(37.1) "Fast food restaurants" means any restaurant whose service or facility is designed for food or drinks to be obtained over the counter by persons desiring quick service and the option to carry-out their food order. Any restaurant where food or drinks are to be consumed by persons in vehicles parked on the premises is included. Drive-thru facilities are not included in this definition. (Ord. 94-84. Passed 7-9-84.)
(37.3) "Flea market" means a facility where individual vendors rent, lease or acquire space from the owner or operator of the facility to display and/or sell merchandise, goods or services to the general public.
(Ord. 9-98. Passed 2-9-98.)
(Ord. 9-98. Passed 2-9-98.)
(41) "Hotel" means any building or portion thereof used as a temporary abiding place for remuneration, with or without meals, containing twelve or more guest rooms or suites where no provisions for cooking is made in any individual room or suite, except hospitals and jails. (Ord. 94-84. Passed 7-9-84.)
(41.1) "Infill parcel" means any parcel in a residential or agricultural zoning district which does not contain a habitable principal residential structure including parcels on which a previous principal residential structure has been or will be removed and is either: (i) in a subdivision of which any part was platted ten (10) years or more earlier and the entire subdivision is at least eighty percent (80%) built out with existing principal residential structures, or (ii) not in a platted subdivision and is two acres or less in size.
(Ord. 123-18. Passed 12-3-18.)
(Ord. 123-18. Passed 12-3-18.)
(42) "Junkyard" means:
A. Any area where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, house wrecking yards, used lumber yards, places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including storage of materials incidental to manufacturing operations;
B. Any establishment, place of business or property upon which motor vehicles are kept for the primary purpose of disassembling, dismantling, cutting up, stripping or otherwise wrecking such motor vehicle to extract parts, components or accessories; or
C. Any establishment, place of business or property upon which ten (10) or more unlicensed, partially disassembled, wrecked or inoperable motor vehicles are kept or stored.
(43) "Kennel" means any structure or lot on which more than four dogs or cats over four months of age are kept. (Ord. 114-19. Passed 12-2-19.)
(44) "Landfill" means a method of solid waste disposal consisting of burying solid waste with intermittent layers of clean earth, compacted and covered daily.
(45) "Loading space" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
(46) "Lot" means a piece or parcel of land occupied or intended to be occupied by a principal building or group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by the Zoning Ordinance and having its principal frontage on a public street.
(47) "Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same streetforming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
(48) "Lot, interior" means a lot other than a corner lot.
(49) "Lot, depth" means the mean horizontal distance between the front and the rear lot lines measured in the general direction of the side lot lines.
(50) "Lot lines" means the property lines bounding the lot.
(51) "Lot line, front" means the line separating the lot from a street. On a corner lot, the front lot line shall be the street lot line having the least dimension.
(52) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(53) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(54) "Lot line, street or alley" means a lot line separating the lot from a street or alley.
(55) "Lot of record" means a lot which is a part of a subdivision, the plat of which has been recorded in the office of the County Recorder or a lot described by metes and bounds, the description of which has been recorded in such office.
(56) "Lot width" means the mean horizontal width of the lot measured at right angles to its depth.
(57) "Lot area" means the computed area contained within the lot lines.
(58) "Lot, through" means a lot having frontage on two parallel or approximately parallel streets.
(59) "Motel or motor hotel" means a series of attached, semi-attached, or detached sleeping or living units, for the accommodation of transient guests and not customarily including individual cooking or kitchen facilities, such units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants. (Ord. 94-84. Passed 7-9-84.)
(60) "Motor vehicle" means any machine designed or intended to travel over land, sea or air by self-propulsion or while attached to any self-propelled vehicle, i.e. camper, trailer, travel trailer.
(61) "Motor vehicle fuel dispensing facility" means a place where gasoline or alternative fuel/power/energy is sold at retail to the public and deliveries are made directly into or onto motor vehicles and no other motor vehicle service is performed. The sale of gasoline or other motor vehicle fuel, alternative power/energy under this definition must be the primary use. Retail grocery and/or convenience store sales are permitted. Vending machines and outdoor retail display do not constitute retail sales under this definition unless specifically approved by the Planning Commission.
(62) “Motor vehicle service facility” means any establishment or place of business which is maintained and operated for the primary purpose of performing routine maintenance of motor vehicles such as removal and replacement of lubricants, tires and batteries for the public and which may include retail sales of fuels, lubricants, air and/or for washing operable motor vehicles. This definition does not include any establishment, place of business or property upon which storage or rep air of any unlicensed, partially dismantled or inoperable motor vehicles takes place.
(63) "Motor vehicle repair garage" means any establishment or place of business which is maintained and operated for the primary purpose of making general repair, rebuilding or reconstruction of engines or making general rep air to motor vehicle quarter panels, doors, fenders, bumpers, other parts of auto body, frames or other exterior surfaces or providing collision services including but not limited to painting, frame straightening or frame dissecting. This definition does not include any establishment, place of business or property upon which ten (10) or more unlicensed, partially diassembled, wrecked or inoperable motor vehicles are kept or stored.
(63.1) “Motor vehicle sales area” means any establishment, place of business, property or open area used for the display, storage, sale, lease or rental of new or used motor vehicles in operable condition.
(63.2) "Motor vehicle storage yard" means any establishment, place of business or property used by a tow company or wrecker or other business for temporary storage of operable motor vehicles, or inoperable motor vehicles designated to be transported to a motor vehicle repair garage or junkyard. This definition does not include any establishment, place of business or property upon which ten (10) or more unlicensed, partially diassembled, wrecked or inoperable motor vehicles are kept or stored.
(64) "Nightclub" means any establishment, including but not limited to, bars, lounges, taverns, dance halls and pool halls, that serves alcohol and/or beer and provides entertainment through any of the following: amplified music, dancing, table games, video games and/or other live entertainment activities. This definition does not include restaurants or banquet halls that provide the above entertainment if the business closes on or before 12:00 a.m. every day of the week.
(64.1) "Nonconforming use" means a use of a building or land legally existing at the time of adoption of the Zoning Ordinance, or any amendment thereto, and which does not conform with the use regulations of the district in which located.
(Ord. 114-19. Passed 12-2-19.)
(65) "Parking area, private" means an open area for the same uses as a private garage.
(66) "Parking area, public" means an open area, other than a street or other public way, used for the parking of automobiles or other motor vehicles and available to the public whether for a fee, or an accommodation for clients or customers.
(67) "Parking space" means an area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a single motor vehicle.
(68) "Planned unit development" means an area of land controlled by a landowner, to be developed as a unified project for a variety of dwelling units and other uses, the plan for which may not correspond in all respects in lot size, bulk, or type of dwelling, density, use or lot coverage to the regulations established in the several districts.
(69) "Public utility" means any person, firm, corporation, governmental department or board, duly authorized to furnish and furnishing, under State or Municipal regulation, to the public electricity, gas, steam, communications, telegraph, transportation, water or sewer services.
(70) "Resort" means a lot or part thereof, together with buildings or structures, used primarily for the provision, on a commercial basis, of recreational activities and/or facilities normally for the use of persons housed on the premises during the time they are engaged in such activities or are utilizing such facilities. The term resort shall include dude ranch, guest ranch, spa or any other similar term.
(Ord. 90-84. Passed 7-9-84.)
(70.1) "Restaurant" means any establishment where food or drinks are primarily served by a waitress or waiter to the general public in a dining area for consumption within the principal building which closes on or before 12:00 a.m. every day of the week. Carry-out services must be accessory to the service by waitresses and waiters. This definition does not include nightclubs, fast food restaurants, drive-thru facilities and vending machines. (Ord. 114-19. Passed 12-2-19.)
(70.2) "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.
(Ord. 154-96. Passed 10-15-96.)
(Ord. 154-96. Passed 10-15-96.)
(70.4) "Sexually oriented businesses" are adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motels, adult motion picture theaters, adult theaters, live sex act businesses, massage parlors, sexual device shops, sexual encounter establishments, sexual encounter centers, escort agencies and nude or semi-nude model studios but does not include a business solely by reason of its showing, selling or renting materials that may depict sex, to which the following definitions shall apply:
A. "Adult bookstore," "adult cabaret," "adult motion picture theater," "adult video store," "characterized by," "employee," "nude," "nudity," "state of nudity," "seminude," "state of seminudity," "operator," "patron," "premises," "sexual device," "sexual device shop," "sexual encounter center," "specified anatomical areas," and "specified sexual activity" have the same meanings as in Section 2907.40 of the Ohio Revised Code.
B. "Adult arcade," "adult entertainment," "adult entertainment establishment," "adult novelty store," "adult theater," "distinguished or characterized by their emphasis upon," "nude or seminude model studio," "regularly features," "regularly shown," and "sexual encounter establishment" have the same meanings as in Section 2907.39 of the Ohio Revised Code.
C. "Adult motel" means a motel, hotel or similar commercial establishment which:
1. 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; or
2. Offers a sleeping room for rent for a period of time less than ten hours; or
3. Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
D. "Consideration" means the payment of money or the exchange of any item of value for:
1. The right to enter the business premises or any portion thereof; or
2. The right to remain on the business premises or any portion thereof; or
3. The right to purchase any item permitting the right to enter, or remain on, the business premises or any portion thereof; or
4. The right to a membership permitting the right to enter, or remain on, the business premises or any portion thereof.
E. "Escort" means 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.
F. "Escort agency" means 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.
G. "Immediate family" means a person's spouse residing in the person's household, parents, siblings of the whole or of the half blood, and children, including adopted children.
H. "Live sex act" means any act whereby one or more persons engage in a live performance or live conduct which contains oral contact or sexual intercourse.
I. "Live sex act business" means any business in which one or more persons may view, or may participate in, a live sex act for a consideration.
J. "Massage parlor" means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration or 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 sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed 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.
K. "Operate" means to control or hold primary responsibility for the operation of a sexually oriented business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operate" or "cause to be operated" shall mean to cause to function or to put or keep in operation.
L. "Oral sexual contact" means oral contact with a penis, vulva, or anus.
M. "Person" means an individual, proprietorship, partnership, firm, association, joint stock company, corporation or combination of individuals of whatever form or character.
N. "Sexual intercourse" means penetration into the penis, vulva, or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva.
O. "Specified criminal activity" means any of the following offenses:
1. Prostitution or promoting prostitution; soliciting; loitering to engage in solicitation; sexual performance by a child; public lewdness; indecent exposure; indecency with a child; sexual assault; molestation of a child; or any similar offenses to those described above under the criminal or penal code of any local jurisdiction, state, or country;
2. For which:
a. Less than two (2) years have elapsed since the date of conviction or the date of release from confinement imposed for the conviction, whichever is the later date, if the conviction is of a misdemeanor offense; or
b. Less than five (5) years have elapsed since the date of conviction or the date of release from confinement for the conviction, whichever is the later date, if the conviction is of a felony offense.
3. The fact that a conviction is being appealed shall not prevent such conviction from constituting a specified criminal activity as defined in this section.
P. "Transfer of ownership or control" of a sexually oriented business shall mean any of the following:
1. The sale, lease, or sublease of the business;
2. The transfer of securities which constitute a controlling interest in the business whether by sale, exchange, or similar means; or
3. The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
(Ord. 124-17. Passed 11-27-17.)
(Ord. 124-17. Passed 11-27-17.)
(80) "Thoroughfare plan" means the official Thoroughfare Plan establishing the general location, character and extent of streets and thoroughfares in the City as adopted and as amended from time to time by the Planning Commission.
(85) "Use, first permitted in 'X' district" means a use which in the sequence of successively less restricted districts occurs as a permitted use for the first time in the "X" district. (Ord. 94-84. Passed 7-9-84.)
(91) "Yard, side" means a yard extending between the front yard and the rear yard between a building and the nearest side lot line; and the width of a side yard is the minimum horizontal distance between any part of a building, other than such parts as hereinafter excepted, and the nearest side lot line.
(96) "Health Officer" means the Health Commissioner of the City or County or an individual appointed or officially designated to perform the functions or duties of a Health Officer or Sanitarian for the City. (Ord. 94-84. Passed 7-9-84.)