§ 1261.09  USES.
   (a)   Accessory use or accessory structure.  "Accessory use" or "accessory structure" means on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
   (b)   Active recreation.  "Active recreation" means leisure time activities characterized by repeated and concentrated use of land, often requiring equipment and taking place at prescribed places, sites or fields. Examples of active recreation facilities include golf courses, tennis courts, swimming pools, and softball, baseball and soccer fields. For the purpose of these regulations, active recreation facilities do not include paths for bike riding, hiking, horseback riding and walking and picnic areas.
   (c)   Agricultural building or structure.  "Agricultural building or structure" means any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.
   (d)   Agriculture.  "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. However, the operation of any such accessory use shall be secondary to that of the normal agricultural activities.
   (e)   Airport.  "Airport" means an area of land or water which is used or intended for use for the landing and taking off of either public or private aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
   (f)   Apartment hotel.  "Apartment hotel" means a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.
   (g)   Arboretum.  "Arboretum" means a botanical garden exhibiting trees for their scientific interest and educational value.
   (h)   Assisted living facility.  "Assisted living facility" means a facility that provides supervision or assistance with activities of daily living, coordination of services by outside health care providers and monitors residents' activities to help to ensure their health, safety and well-being.
   (i)   Bed and breakfast.  "Bed and breakfast" means a dwelling or part thereof, other than a hotel, motel or restaurant occupied by the owner, where meals and/or sleeping facilities are provided for not more than four guests for compensation and where no cooking or dining facilities are provided in individual rooms.
   (j)   Business.  "Business" means the conduct of any occupation, trade, profession or calling, within the specific limitations set forth in Zoning Districts.
   (k)   Business, local.  "Business, local" means commercial uses and business and professional services which generally require locations on or near thoroughfares and/or their intersections, and which, in addition to serving day to day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but are not limited to, such activities as supermarkets; stores that sell hardware, apparel and footwear; and physicians', dentists', professional and business offices.
   (l)   Cemetery.  "Cemetery" means land used or intended to be used for the burial of human remains and dedicated for cemetery purposes.
   (m)   Church.  "Church" means a house of worship or a building housing an organization conducting religious ceremonies for public worship.
   (n)   Clinic.  "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
   (o)   Club, private (nonprofit).  "Club, private (nonprofit)" means a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests and the affairs and management of such private club being conducted by a board of directors, executive committee or similar body chosen by the members.
   (p)   Common area.  "Common area" means any land area, and associated facilities, within a conservation development that is held in common ownership by the residents of the development through a homeowners' association, community association or other legal entity or which is held by the individual members of a condominium association as tenants-in-common.
   (q)   Community center, mobile home park.  "Community center, mobile home park" means a building in a mobile home park which contains recreational facilities for the exclusive use of occupants and employees of the mobile home park.
   (r)   Condominium development.  "Condominium development" means a condominium property, as defined in Ohio R.C. 5311.01, in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.
   (s)   Conservation development.  "Conservation development" means a contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve common open space and existing natural resources.
   (t)   Conservation easement.  "Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water or wetland areas predominantly in their natural, scenic, open or wooded condition, in agricultural, horticultural, silvicultural or other farming or forest use; that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of such purposes; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions.
   (u)   Day care center.  "Day care center" means a facility providing supervision of adults and children and operating only during the normal workday hours.
   (v)   Dormitory.  "Dormitory" means a dwelling providing sleeping and living accommodations for students attending a post high school educational institution, where meals may be provided or where centralized kitchen and dining facilities may be provided for use by students in preparing their own meals. Under no circumstances are cooking facilities to be provided in individual living units.
   (w)   Drive-in or drive-thru.  "Drive-in or drive-thru" restaurant or service means any establishment that sells food or services and permits placing an order or conducts business outside of the building and within a motor vehicle or as a pedestrian, using a drive-in or walk-up window, counter or remote speaker.
   (x)   Home occupation.  "Home occupation" means an occupation or profession carried on by a member of the immediate family residing on the premises.
   (y)   Hospital.  "Hospital" means an institution that provides medical, surgical or psychiatric treatment and nursing care for the ill or injured temporarily lodged there.
   (z)   Hotel.  "Hotel" means an establishment which offers lodging for compensation to more than four transient guests.
   (aa)   Industrial, limited.  "Industrial, limited" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.
   (bb)   Institutional use.  "Institutional use" means a center for study and research in a specialized field, usually connected with a college or university.
   (cc)   Junk.  "Junk" means worn out and discarded materials that have outlived their usefulness in their original form, but in general may be turned to some other use, including, but not limited to, old rope; chain; copper; parts of machinery; wood; glass; bottles; brass; rags; trash; plastic; waste; batteries; paper; rubber; junk, dismantled or wrecked automobiles or parts thereof; iron; steel; old or scrap ferrous or nonferrous materials; and rubbish of any kind. "Junk building", "junk shop" and "junk yard" means an establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, including garbage dumps and sanitary landfills. The term also encompasses the definition included in Ohio R.C. 4737.05, which states that the definition includes "any site, location or premises on which are kept two or more junk motor vehicles as defined in § 311.301 of the Revised Code, whether or not for a commercial purpose".
   (dd)   Laundromat.  "Laundromat" means an establishment with machines for hire or use by the public for washing, drying, dry cleaning or ironing of fabrics.
   (ee)   Lodge.  "Lodge" means a hall or meeting place of a local branch, or the members composing such a branch, of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations.
   (ff)   Mobile home.  "Mobile home" means any self-propelled vehicle so designed, constructed, re-constructed or added to by means of accessories as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other foundation, used or so constructed as to permit its being used as a conveyance upon the public streets and highways, exceeding a gross weight of 4,500 pounds and having an overall length of at least 30 feet.
   (gg)   Mobile home park.  "Mobile home park" means any site or tract of land under single ownership upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
   (hh)   Motel.  "Motel" means an establishment which offers lodging for compensation to transient guests and which consists of a group of attached or detached living or sleeping accommodations with a bathroom and close space designed for use by automobile tourists.
   (ii)   Nursing home.  "Nursing home" means a long-term health care facility that provides full-time care and medical treatment for people who are unable to take care of themselves.
   (jj)   Permitted use.  "Permitted use" means a use which may be lawfully established in a particular district, provided that it conforms with all requirements, regulations and performance standards, if any, of such district.
   (kk)   Place of worship.  "Place of worship" means a church, temple, mosque or any structure used for religious activities.
   (ll)   Public building.  "Public building" means only those buildings which are publicly owned or leased, i.e. buildings owned or leased by the U.S. government, the state or any political subdivision thereof.
   (mm)   Public park.  "Public park" means the use of land for recreational purposes, which is publicly owned and open to public admission.
   (nn)   Public recreational center.  "Public recreational center" means a building which is open to public admission and public use for recreational activities.
   (oo)   Public utility.  "Public utility" means any person fully authorized to furnish and furnishing, under municipal regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, water or other similar public utility service.
   (pp)   Research uses.  "Research uses" means research, development and testing related to such fields as chemicals, pharmaceuticals, medicine, electricity, transportation and engineering. All research testing and development shall be carried on within entirely enclosed buildings and no noise, smoke, glare, vibration or odor shall be detected outside of such buildings.
   (qq)   Roadside stand.  "Roadside stand" means a structure for the display and sale of agricultural products, with no space for customers within the structure itself.
   (rr)   School.  "School" means a place or institution where general education, learning and mental training are imparted, whether or not such institution is publicly or privately owned.
   (ss)   Shopping center.  "Shopping center" means a group of four or more separately operated commercial establishments, planned, developed, owned and managed as a unit, with common off-street parking provided on the property and designed to serve multipurpose shoppers.
   (tt)   Stable.  "Stable" means a building for lodging and feeding horses.
   (uu)   Swimming pool.  "Swimming pool" means a fabricated structure constituting a pool or open tank underground or an above-ground rigid structure, not including ponds or lakes, designed or intended to be used for swimming purposes, and having a capability of holding water at any point to a depth of at least 18 inches.
   (vv)   Tourist home.  "Tourist home" means a building designed for or used as a single-family or a two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation.
   (ww)   Use.  "Use" means the purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is occupied or maintained and includes any manner of performance of such activity.
   (xx)   Veterinary animal hospital or clinic.  "Veterinary animal hospital or clinic" means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and animals who are in need of medical or surgical attention. A veterinary animal hospital or clinic may include overnight accommodations on the premises for treatment, observation and/or recuperation and it may also include boarding that is incidental to the primary activity.
(Ord. 11-O-1, passed 2-23-2011)