For the purpose of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. Definitions for telecommunications are located in Section 1165.09.
ACCESSORY STRUCTURE. A structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal structure and which is subordinate to or serves the principal structure, is subordinate in area to the principal structure, and is customarily incidental to the principal structure. "Accessory structure" includes anything of a subordinate nature detached from a principal structure or use, such as fences, walls, sheds, garages, parking places, decks, poles, poster panels, and billboards. "Accessory structure" does not mean or include structures providing utility service to the parcel, such as gas, electric, or water.
ACCESSORY USE. A use which is located on the same lot as a principal use and which is subordinate to or serves the principal use, is subordinate in area to the principal use, and is customarily incidental to the principal use.
(Ord. 2007-24. Pased 2-13-07.)
ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
(1) ADULT BOOKSTORE. An establishment having adult materials as a majority of its sales inventory.
(2) ADULT MATERIAL. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch and:
(a) Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination; or
(b) Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination.
(3) ADULT MOTION PICTURE THEATER. An enclosed motion picture theater or motion picture drive-in theater used for presenting adult material for observation by patrons therein.
(4) ADULTS ONLY ENTERTAINMENT ESTABLISHMENT. An establishment which features services which constitutes adult material, or which features exhibitions of persons totally nude, or topless, bottomless, strippers, male or female impersonators, or similar entertainment which constitute adult material.
(5) MASSAGE PARLOR. An establishment where, for any form of consideration, massage, alcohol rub, fomentation, electric or magnetic treatment or manipulation of the human body is administered, unless such treatment or manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical therapist, or similar professional person licensed by the state. This definition does not include an athletic club, health club, school, gymnasium, weight reducing salon, spa, or similar establishment where massage or similar manipulation of the human body is offered as an incidental or accessory service.
(6) The definition of ADULT ENTERTAINMENT FACILITY shall not include establishments where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(7) ADULT SOCIAL CLUBS AND SEXUAL ENCOUNTER ESTABLISHMENTS. An adult social club and sexual encounter establishment includes a business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where two or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities including sexual intercourse, masturbation, sexual excitement, sexual arousal or nudity. (Ord. 2016-97. Passed 12-6-16.)
AGRICULTURAL SERVICES. Agricultural services shall mean any commercial activity that primarily serves the agricultural community. Agricultural services shall include, but shall not be limited to: tractor and farm implement sales, grain elevators and farming machinery and equipment repair.
AGRICULTURE. The use of land for agricultural purposes, including farming of crops, horticulture, floriculture, viticulture, and the necessary accessory uses for packing, treating, or storing the produce; however, the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
ALLEY. Any public or private thoroughfare less than 30 feet wide affording only secondary means of access to abutting properties.
ANIMAL HOSPITAL or VETERINARIAN CLINIC. A building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian.
ANIMAL SALES /SERVICES. Animal Sales/Service is any commercial facility or establishment that conducts as a principal use of the premises the sale or boarding of animals, or the provision of care, treatment or services for animals. This classification includes the following types of specific uses:
(1) ANIMAL BOARDING. Provision of shelter and care for small or large animals on a commercial basis. This use includes activities such as feeding, exercising, grooming and incidental medical care.
(2) ANIMAL GROOMING. Provision of bathing and trimming services for small or Domestic animals only on a commercial basis. This use includes boarding of domestic animals for a maximum of period of forty-eight (48) hours.
(3) ANIMAL HOSPITAL. Establishments where small or domestic animals receive medical and surgical care, diagnosis and treatment. This use includes only facilities that are entirely enclosed, soundproofed and air conditioned. Grooming and temporary (no more than 30 days) boarding of animals is included if incidental to the hospital use.
(4) ANIMAL RETAIL SALES. Retail sales and boarding of small or domestic animals only, provided that such activities take place within an entirely enclosed building. This use includes grooming if incidental to the retail use, and boarding of animals not offered for sale for a maximum period of forty-eight (48) hours.
(5) ANIMAL SHOWS/SALES. Exhibitions of small/domestic or large animals for a Maximum of seven (7) days. This use includes animal sales.
(6) VETERINARY OFFICE. Any facility maintained by or for the use of a licensed veterinarian in the diagnosis, treatment and prevention of animal diseases. Overnight care and boarding of small or domestic animals is permitted for up to thirty (30) consecutive days within the interior of such facility.
APARTMENT. See DWELLING, MULTI-FAMILY.
ATM FREESTANDING MACHINES. Free standing automatic teller machines are stand alone structures placed on a parcel of land for the sole purpose of quick and convenient customer financial transactions.
AUTOMOTIVE SERVICE. Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles or trailers.
(Ord. 2007-24. Passed 2-13-07.)
AUTOMOTIVE SALES AREA or TRAILER SALES AREA.
(1) Automotive Sales Area. An open lot, other than a street used for the display, sale or rental of new or used motor vehicles by a presently existing new car automotive dealer with an Ohio license and franchise.
(2) Automotive Used Motor Vehicle Sales Area or Trailer Sales Area. An open lot, other than a street used for the display, sale or rental of used motor vehicles or trailers in operable condition where no repair work is done.
(Ord. 2010-47. Passed 7-27-10.)
AUTOMOTIVE FILLING STATION. Any building, or land area used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use, the sale and installation of lubricants, tires, batteries and similar accessories.
AUTOMOTIVE WASH or AUTOMATIC CAR WASH. A building or structure where chain conveyors, blowers, steam cleaners, or other mechanical devices are employed for the purpose of automatically or manually washing motor vehicles.
AUTOMOTIVE WRECKING YARD. 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.
BASEMENT. A story partly underground and having at least one-half of its height above the average adjoining grade.
BED AND BREAKFAST ESTABLISHMENT. Any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, is provided for compensation.
BLOCK. In describing the boundaries of a district the word BLOCK refers to the legal description. In all other cases the word BLOCK refers to the property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.
BOARD. The Board of Zoning Appeals of the City of Loveland. (Ord. 2007-24. Passed 2-13-07.)
BREWPUBS. Shall mean an establishment where beer and malt beverages are produced on the premises for on-site consumption and distribution. The development may include other uses such as tasting room, bar, restaurant, or taproom. Brewpubs production shall not exceed five thousand (5,000) barrels per year. (Ord. 2016-10. Passed 2-9-16.)
BUILDING. 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.
BUILDING AND RELATED TRADES. Building and related trades are facilities that can manufacture, store, or sell all types of construction related materials. The following are examples and not exclusive: Lumber, drywall, windows, shingles, brick, concrete, electrical components, carpet, paint, insulation and plumbing supplies.
BUILDING, HEIGHT OF. The height of a building shall mean the vertical distance from the average contact ground level at the front wall of the building to the highest point of the coping of a flat roof or to the deck line of mansard roof, or to the mean height level between eaves and ridge for gable, hip, or gambrel roofs.
BUILDING LINE. The line, parallel to the street line, beyond which no building or part thereof shall project.
BUILDABLE LOT AREA. The portion of a lot remaining after required yards have been provided.
BULK STORAGE OR DISPLAY. The display of two or more items which are identical or nearly identical examples of which would include but are not limited to raw materials, firewood, mulch, fertilizer, building materials, building maintenance products, packaged food products, soft drinks, salt products, furniture and household goods, statuary and other manufactured concrete products, and like items.
CELLAR. An enclosed space within the foundation walls of a building and having more than one- half of its height below the average surrounding ground levels.
CEMETERY. Land used or intended to be used for the burial of the human dead and dedicated as a cemetery for such purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CITY. All of the land located within the jurisdictional boundaries of the City of Loveland, Ohio.
CLINIC. A human place used for the care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.
CLUB. A nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
COMMERCIAL COMMUNICATION ANTENNA. A tower, pole or other similar device, erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.
COMMERCIAL ANIMAL SALES AND FEED LOTS. Commercial animal sales and feed lots facilities are for the sole purpose of selling typical farm animals such as turkeys, chickens, cattle, sheep, and horses. Feed lots are parcels or portions of land used to either grow and harvest feed for farm animals or parcels or portions of land where farm animals are fed.
COMMERCIAL FEED LOT. Commercial Feed Lot shall mean the confinement of 200 or more head of livestock on a farm or other site for the purpose of intensive feeding prior to slaughter or shipment in such concentration that ground vegetation is substantially destroyed where:
(1) The farm or site does not produce a minimum of 60 percent of the feed necessary to sustain the herd.
(2) The farm or site is sufficient in size to provide for the disposal of all animal wastes in a manner that they will not run off, seep, percolate, or wash into surface or subsurface waters.
COMMISSION. The City Planning and Zoning Commission of the City of Loveland.
(Ord. 2007-24. Passed 2-13-07.)
COMPUTERIZED INTERNET SWEEPSTAKE TERMINAL CAFÉ. Means any premises which there are situated Computerized Internet Sweepstake Devices that are available for the use or entertainment of the public within such premises, whether or not such premises have any other business purpose.
COMPUTERIZED INTERNET SWEEPSTAKE DEVICE. 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 generally for use as a contest of skill, entertainment or amusement, 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 Internet Sweepstake Terminal Café, whether or not said prize was in fact announced, revealed or disclosed through the usage of the Computerized Internet Sweepstake Device. Computerized Internet Sweepstake Device does not include machines designated for use by the State Lottery Commission. (Ord. 2011-99. Passed 11-22-11.)
CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a conditional use approval of the Planning & Zoning Commission.
CONFERENCE CENTER. A conference center is a facility used for conferences and seminars with accommodations for meeting rooms, resource facilities and which may include accommodations for sleeping, food preparation and eating, recreation and entertainment.
CONVALESCENT CARE FACILITY. A building or group of buildings, public or private, which provides personal care or nursing to ill, physically infirm or aged persons who are not related by blood or marriage to the operator.
CORPORATE OR BUSINESS TRAINING FACILITY. A corporate or business training facility shall mean a building utilized for the vocational training of potential, current or future employees.
COUNCIL. The City Council of the City of Loveland.
COURT. An open unoccupied, and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which is enclosed on three or more sides fully open to the sky.
CRAFT INDUSTRY. Custom Industry is an establishment that primarily engages in on-site production or repair of goods by hand, involving the use of hand tools and small-scale equipment, including small engine repair, furniture making and restoring, upholstering, custom care or motorcycle restoring, and other similar uses.
DAY CARE. A building or structure where care, protection and supervision are provided on a regular schedule, for a fee, at least twice a week to at least five persons at one time, including any relation of the day care provider.
DECORATIVE FENCE. Decorative fencing is considered ornamental in nature and may be placed into the required front yard, if limited to four feet in height. Decorative fencing material shall be either metal, wood, composite material or vinyl and is designed to allow the natural elements to shine through. Solid stockade, chain link and board on board fencing shall not be considered decorative.
DISTRICT. A portion of the territory of the City, within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this chapter. The term R-District shall mean any R-LD, R-MD or R-MF District.
DISTRICT OVERLAY. District Overlay shall mean a superimposing of certain additional requirements upon an underlying basic zoning district without disturbing the requirements of the basic district. In the instance of conflicting requirements, the more strict of the conflicting requirements shall apply.
DRIVE-IN FACILITY. Any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
DWELLING. Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel, or mobile home.
DWELLING, MULTI-FAMILY. A building or portion thereof designed for or used by three or more families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.
DWELLING, SECONDARY. The addition of a second independent dwelling, attached or detached to the primary single family dwelling, housing a relative related by blood or marriage on the same lot.
DWELLING, SINGLE-FAMILY DETACHED. A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building designed for or used exclusively by two families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.
EDUCATIONAL INSTITUTION. A facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and technical and collegiate level courses.
ESSENTIAL SERVICES AND UTILITIES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of 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 and accessories in connection therewith; reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies for the public health, safety, or general welfare.
EXTENDED STAY FACILITY. Extended Stay Facilities are intended for longer terms of occupancy, from one week to months at a time. Extended Stay Facilities are similar to an apartment complex and are equipped with kitchen and laundry amenities. These facilities are designed for the business traveler and families that are relocating.
FAMILY. One or more individuals related by blood, marriage, or adoption, or not more than five individuals who are not so related, living together as a single housekeeping unit in a dwelling, and maintaining and using the same and certain other housekeeping facilities in common.
FARM EQUIPMENT SALES AND SERVICE. A service and sales facility with the sole purpose to: Sell, maintain and repair agricultural type equipment. (Ord. 2007-24. Passed 2-13-07.)
FARMERS MARKET. An open lot, other than a street, used for the sale of produce and commodities that are grown or produced by multiple individual vendors no more often than once per week (except Sunday) between dawn and dusk from April 1 through November 31. “Produce and commodities” is defined as perishable products such as meats, cheeses, vegetables, nuts, honey, fruits, flowers, herbs, baked goods, candies and “other products” determined to be appropriate for a farmers market by the operator of the farmers market.
(Ord. 2011-36. Passed 6-14-11.)
FENCE. An artificial barrier or divider intended to prevent escape or intrusion, to mark a boundary, or to enclose an area.
FINANCIAL INSTITUTION. Any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATM's), credit unions, savings and loan institutions and mortgage companies.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.
FLOOR AREA RATIO. The total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.
FRONTAGE. All the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right-of-way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts.
FRONTAGE, WHERE MEASURED. The frontage of a lot shall be measured along the front property line.
FUNERAL HOME. Any dwelling or other structure used and occupied by a professional licensed mortician for burial preparation and funeral services.
GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of automobiles or trailers by the family resident on the premises. A carport or carporch shall be construed to be a private garage.
GARAGE, PUBLIC. A structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair, or refinishing of automobiles or trailers.
GROUP HOME. Any licensed residential facility designed to allow not more than eight persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate activity in a non-institutional environment.
HEAVY INDUSTRIAL USE. Heavy Industrial Use shall mean the manufacturing, processing, or assembly of products where air, noise, or odor pollution may create excessive land use conflicts or where a portion of the use is located outside of an enclosed structure.
HEDGE. A growth of shrubbery planted to function as a boundary or fence.
HELISTOP. An area on the ground or on a roof used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo.
HOME OCCUPATION. Any occupation, profession, activity or use which is customarily incident to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.
HOSPITAL. An institution providing health services primarily for human in-patient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
HOTEL. A facility, with room entrances accessed through an interior corridor, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
IMPERVIOUS SURFACE RATIO. A measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the area of the site or lot.
LIGHT INDUSTRIAL USES. Light Industrial Use shall mean the manufacturing, processing or assembly of products within a fully enclosed structure where noise, odor, light, or vibration is not noticeable from the adjacent properties.
INDUSTRY. Any storage, manufacture, preparation, or treatment of any article, substance or commodity for commercial use.
KENNEL. Any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold, or which offers provisions for minor medical treatment.
LAND USE PLAN or COMPREHENSIVE MASTER PLAN. The Long Range Comprehensive Plan Update of the City of Loveland as adopted by City Council on February 12, 2002 indicating the desirable use of land in the City as officially adopted and as amended by the City Planning and Zoning Commission. The purpose of such plan is to serve as a guide in the zoning and progressive changes in zoning of land to meet the changing needs, in the subdivision and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes such as streets, parks, schools and public buildings.
LOADING SPACE. An off-street space or berth on the same lot with a building for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
LOT. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces required by this chapter, and having frontage on a public street.
LOT AREA. The computed horizontal area contained within the lot lines.
LOT, CORNER. A lot abutting on two or more streets at their intersection or on two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the corner.
LOT DEPTH. The average horizontal distance between the front and the rear lot lines.
LOT LINE, FRONT. The line separating the lot from the street on which it fronts.
LOT, INTERIOR. A lot other than a corner lot and with frontage on one street.
LOT LINES. The property lines bounding the lot.
LOT LINE, REAR. The lot line opposite and most distant from the front lot line.
LOT LINE, SIDE. Any lot line other than a front or rear lot line.
LOT LINE, STREET OR ALLEY. A lot line separating the lot from a vehicular public or private right-of-way.
LOT OF RECORD. A lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Hamilton County, Clermont County, or Warren County, Ohio, or a lot described by metes and bounds, the description of which has been recorded in such office.
LOT, THROUGH. A lot having frontage on two parallel streets.
LOT WIDTH. The width of the lot measured at right angles to the building setback lines.
MANUFACTURING. The process of making or fabricating raw materials by hand, machinery or the combination thereof into finished parts or products.
MANUFACTURING/FABRICATION ASSEMBLY PLANT. Manufacturing Assembly Plant shall mean the assembly or fabrication using manufactured parts that were made elsewhere.
(Ord. 2007-24. Passed 2-13-07.)
MASSAGE ESTABLISHMENTS. Any fixed place of business where a person offers massages:
A. In exchange for anything of value; or
B. In connection with the provisions of another legitimate service.
Exemptions. The provisions of this chapter shall not apply to the following:
(1) Hospitals, nursing homes and public health centers;
(2) A person licensed or registered by the State of Ohio Medical Board while performing his/her licensed or registered profession;
(3) A licensed chiropractor, licensed podiatrist, licensed nurse, or any other licensed health professional;
(4) A person working under the direct supervision of individuals or establishments mentioned in herein while performing his/her licensed or registered profession. (Ord. 2019-13. Passed 2-26-19.)
MEDICAL AND DENTAL LABORATORY SERVICES. Establishments providing medical, optical or dental laboratory services; or establishments providing photographic, analytical or testing services.
MEDICAL AND DENTAL OFFICES OR CLINICS. Establishments providing medical, optical or dental care and treatment, medical and surgical diagnosis and treatment. This use includes only placement of jewelry or body art.
(Ord. 2007-24. Passed 2-13-07.)
MICROBREWERY. Shall mean an establishment that produces less than fifteen thousand (15,000) barrels of ale or beer per year for on-site consumption and wholesale distribution, as allowed by state law.
(Ord. 2016-10. Passed 2-9-16.)
MOBILE FOOD VENDOR. Any individual, corporation, partnership or other entity which sells food or beverages from a temporary, mobile, non-motorized wagon, cart, trailer or motorized vehicle which is designed to be readily movable and emplaced on a public or privately owned lot where foot items are sold to the general public, or provided or furnished as part of a private club, function or event.
(Ord. 2017-61. Passed 7-11-17.)
MONUMENT. A structure, statue or object erected in memory or in honor of a person or an event. No monument shall be erected on publicly owned property without review and approval from the Planning Commission.
MOTEL. A facility, with exterior room entrances, offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.
NON-CONFORMING USE. See USE, NON-CONFORMING.
OFFICE. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
OPEN SPACE. Land used for resource protection, recreation, amenity and/or buffers.
PARKING AREA, PRIVATE. An open area for the same uses as a private garage.
PARKING AREA, PUBLIC. An open area, other than a street or other public way, used for the parking of automobiles and available to the public whether for a fee, free, or as an accommodation for clients or customers.
PARKING SPACE. A permanently surfaced area of not less than 160 square feet and having a width of not less than 8'6", either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
(Ord. 2007-24. Passed 2-13-07.)
PERMEABLE PAVEMENT OR PERMEABLE PAVEMENT SYSTEM. Pavement materials including pervious asphalt and concrete, interlocking pavers, modular pavers and open cell paving or similar materials that allow the infiltration of water below the pavement surface. Gravel, turf or other materials that are not part of a structured system designed to manage storm water and support vehicular loading shall not be considered permeable pavement or a permeable pavement system.
(Ord. 2015-6. Passed 2-10-15.)
PERSONAL SERVICES. Activities conducted in an office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, beautician, tailor, dressmaker, doctor, attorney or architect.
PET. A domestic animal that is customarily kept for personal use or enjoyment within the home. Typical household pets shall include but are not limited to cats, dogs, rabbits and birds.
PLANT MATERIAL NURSERIES. Plant Material Nurseries are facilities that are in operation for the specific purpose of selling all types of plant material, to include fertilizer, planting container, mulch and other like items.
PRINCIPAL USE. A use that is the primary use of any lot or parcel, such use possibly occurring in more than one building.
PRINTING AND RELATED TRADES. An establishment that provides duplicating services using photocopy, blueprint and/or offset printing equipment including the collating of booklets and reports. Printing and related trades shall not include copy service centers or self-service copy centers that primarily utilize photocopy machines as their source of duplication.
PRIVATE STREET. A private street is one which provides an access to abutting property vehicles.
PUBLIC BUILDING. A structure or portion of a structure owned, operated or controlled by a government agency for the performance of certain specialized governmental activities required for day to day functions.
RECREATION, ACTIVE. The improvement of the land, open to the general public which provides facilities serving the recreational needs of the community. Active recreational areas shall include, but are not limited to: swimming pools, athletic fields, tennis courts, amphitheaters, community centers, and playgrounds.
RECREATION, COMMERCIAL. Land or facilities operated as a business and open to the general public for a fee that shall include, but are not limited to: rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks or swimming pools.
RECREATION, INDOOR. Activities that are conducted within an enclosed structure, including but not limited to: soccer, volleyball, gymnastics, hockey, basketball, indoor skating, swimming, tennis, archery, target shooting, bowling and rock climbing.
RECREATION, NON-COMMERCIAL. Any land or facility used for recreational purposes and operated by a governmental agency or non-profit organization and open to the public or members of the non-profit organization including, but not limited to: picnic areas, bike/hike trails, public golf courses, athletic fields or courts, swimming pools and including the buildings or structure associated with such recreational uses.
RECREATION, OUTDOOR. Activities that are conducted outdoors, including but not limited to: soccer, volleyball, basketball, swimming, tennis, paintball, baseball, football and golf.
RECREATION, PASSIVE. The use of unimproved land, in its natural state and open to the general public, which provides for a variety of activities for the outdoor exercise and activity needs of the community. Passive recreational areas shall include, but are not limited to: unimproved backpacking trails, unimproved hiking trails, primitive camping areas, canoeing, swimming, rafting, scientific and scholastic studies. Lands may be improved for handicapped access. Furthermore, parking associated with uses in an S-WP District may be conditionally permitted. (Ord. 2007-24. Passed 2-13-07.)
REGIONAL BREWERY. Shall mean an establishment where beer, wine, spirituous liquor, or other alcoholic beverages is manufactured on the premises for distribution, retail, or wholesale off premises. Regional Breweries are classified as a use which manufactures more than 15,000 barrels of beverage (all beverage types combined) annually.
(Ord. 2016-10. Passed 2-9-16.)
RELIGIOUS PLACES OF WORSHIP. An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.
RESEARCH AND DEVELOPMENT LABORATORY. A building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental to the main purpose of the laboratory.
RESTAURANT. An establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in non-disposable containers, provided that no drive-through window may be permitted.
RESTAURANT/FAST FOOD. An establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and without table service, directly to the customer in a ready to consume state.
RETAIL BUSINESS. Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale.
(Ord. 2007-24. Passed 2-13-07.)
RETAIL WAREHOUSING: An establishment that is primarily engaged in storage of merchandise, goods and materials, which will be sold to consumers.
(Ord. 2020-91. Passed 9-22-20.)
RIGHT-OF-WAY. Land dedicated to or owned by the public for use as a roadway, walk or other way.
ROADSIDE STAND. A temporary business use devoted strictly to the sale of seasonal agricultural and horticultural products to the general public located in a wholly or partially enclosed structure.
SATELLITE DISH. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish, cone, horn or tower. Such device shall be used only to receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. Satellite dishes include but are not limited to TVRO's (television reception only satellite dish antennas) and satellite microwave antennas.
SETBACK. The required minimum horizontal distance between the building line and the related front, side or rear property line.
SHOPPING CENTER A grouping of retail and service uses on a single site that is developed, owned and managed as a unit with off-street parking as an integral part of the unit.
SIGN. An outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.
SIGN, ABANDONED. Abandoned signs are signs that are associated with buildings or rental spaces that remain vacant for at least 6 consecutive months.
SIGN, AERIAL. Any balloon, or other airborne floatation device which is tethered to the ground or to a building or other structure which directs attention to a business, commodity, service, or entertainment conducted, sold or offered.
SIGN, CONSTRUCTION. A temporary sign identifying an architect, contractor, subcontractor, and/or material supplier participating in construction on the property on which the sign is located.
SIGN, DIRECTIONAL. Any on-premise sign giving directions, instructions, or facility information but shall not contain the name or logo of an establishment nor any advertising copy.
(Ord. 2007-24. Passed 2-13-07.)
SIGN, ELECTRONIC MESSAGE DISPLAY. A sign that changes message content by means of light emitting diodes (LED), fiber optics, light bulbs, Liquid Crystal Display, or other illumination devices and whose informational content can be changed or altered by means of computer driven electronic impulses. (Ord. 2008-69. Passed 10-28-08.)
SIGN, FREESTANDING. Any permanent sign not attached to a building. This shall include signs attached to poles and signs attached directly to the ground.
SIGN, GROUND MOUNTED. Any freestanding sign, other than a pole mounted sign, independently supported by the ground or mounted on a decorative wall, fence, post or stone column.
SIGN, INFLATABLE. Inflatable sign is considered a temporary sign that is advertising a business or promotion of a special event. The size and height shall conform to the requirement of the zoning district in which the sign is to be located. In no case is the sign to be located in the City right-of-way. The illumination internal or external illumination is permitted and shall not cause a traffic hazard.
SIGN, INFORMATIONAL. Any off-premises sign located in the public right-of-way that is intended to direct vehicular or pedestrian traffic, giving direction or instructions, but shall not contain any commercial message or advertising copy.
SIGN, NON-CONFORMING. A sign which was erected legally, but which does not comply with subsequently enacted sign restrictions and regulations.
SIGN, POLE. A pole sign is any permanent sign not attached to a building, visibly supported on an exposed pole.
SIGN, POLITICAL. A temporary sign which announces the candidacy of a person or slate of persons running for elective office, or a political party or issue.
SIGN, PORTABLE SANDWICH BOARD. A sign with two display surfaces that is not permanently anchored to the ground or a structure and has a hinged, or A-frame construction that allows the sign to be displayed indoors or outdoors.
SIGN, PORTABLE. A sign which is movable and which is not permanently attached to the ground, a structure or other signs, and is designed or constructed in such a manner that it can be moved or relocated without involving any structural or support changes.
SIGN, PROJECTING. A sign supported by a building wall or column and extending a distance exceeding 12 inches from the wall.
SIGN, REAL ESTATE. A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale.
SIGN, SUBDIVISION. Any ground mounted or wall sign identifying a recognized subdivision, condominium complex, or residential development.
SIGN, TEMPORARY. Any sign not constructed or intended for long-term use and which is not permanently mounted.
SIGNS, VEHICLE. Vehicle signs are signs that are either painted on, or attached to a motorized vehicle, for the sole purpose of advertising a product or business, being sold or conducted on the property where the vehicle is located.
SIGN, WALL. Any sign which is located on or formed by the surface of the wall of a building. A mansard roof facade on a building shall be considered part of the wall.
SIGN, WINDOW. A sign installed inside a window and intended to be viewed from the outside.
SIGN, AREA OF. The entire area within a continuous perimeter enclosing the extreme limits of the sign display, including any frame or border. The copy of signs composed of individual letters, numerals or other devices shall be the sum of the area of the smallest rectangle or other geometric figure encompassing each of said letter or devices.
SIGN PERMIT. The official written approval for the creation, erection or construction of a sign issued by the City.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
SMALL DENTAL LABORATORY. A dental laboratory facility with fifteen (15) or fewer employees where no fabrication is conducted on the premises except for the custom fabrication of crowns, moldings, dentures and other dental fixtures.
SPECIAL EXCEPTION. Special Exception is an additional use that may be considered by the Planning & Zoning Commission for placement within a particular zoning district. The review, approval or denial of any special exception use is based on the procedures for submittal; see Section 1111.07 regarding regulations.
STABLES. Stables are facilities, which house, board, breed, train and or otherwise keep and care for equine.
STANDARD, PERFORMANCE. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
STORY. That portion of a building, included between the surface of any floor and the surface of the next floor above it, or if there be no floor above it, then the space between the floor and the ceiling next above it.
STORY, FIRST. The lowest story or the ground story of any building, the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building except that any basement or cellar used for residence purposes shall be deemed a full story.
STORY, HALF. A partial story under a gable, hip, or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four feet above the floor of such story, provided, that any partial story used for residence purposes shall be deemed a full story.
STREET. A public right-of-way which provides a public means of access to abutting property for motor vehicles.
STRUCTURE. Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
STRUCTURE, ACCESSORY. See USE, ACCESSORY.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
SWIMMING POOL. Any structure located in ground and above ground containing, or normally capable of containing, water to a depth at any point greater than 24 inches for the purpose of recreation, sports activity, or swimming.
(Ord. 2007-24. Passed 2-13-07.)
TARGET RANGE, INDOOR. An enclosed building used for the discharge of firearms or archery devices in compliance with applicable federal, state and local laws.
(Ord. 2013-14. Passed 3-12-13.)
TATTOO AND BODY PIERCING ESTABLISHMENTS. Tattoo and Body Piercing Establishments shall mean an establishment engaged in placing permanent designs in ink on human skin or in piercing the body.
TAVERN. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
(Ord. 2007-24. Passed 2-13-07.)
TEMPORARY PROMOTIONAL SALES. Any temporary sign intended to promote or advertise special events or sales.
(Ord. 2012-45. Passed 5-22-12.)
(Ord. 2012-45. Passed 5-22-12.)
TEMPORARY USE. Temporary Use shall mean those certain uses which are of a non-permanent nature, which are permitted to be established as Accessory Uses provided that a lawful Principally Permitted Use and Structure in combination already exist.
(Ord. 2023-31. Passed 3-23-23.)
THOROUGHFARE PLAN. The official Thoroughfare Plan of, and as approved by the City Council, establishing the location and official right-of-way width of principal highways and streets in the City.
TRAILER HOME or MOBILE HOME (including MOTOR HOME, AUTOMOBILE TRAILER, TRAILER COACH or HOUSE TRAILER). Any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade, or occupation or use as a selling or advertising device, or use for storage or conveyance for goods, equipment, or machinery and so designed that it is or can be mounted on wheels and as a conveyance on highways and streets propelled or drawn by its own or other motor power.
TRAILER, EDUCATIONAL. Any trailer, mobile unit, or van that is used exclusively for the purpose of instruction or activities related to instruction by a school of general education.
TRAILER HOME PARK or MOBILE HOME PARK. Any lot or part thereof, or any parcel of land which is used or offered as a location for two or more trailers used for any purpose set forth in TRAILER HOME or MOBILE HOME above.
USE. The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
USE, ACCESSORY OR ACCESSORY STRUCTURE. A use or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidenta1to the use of the principal building or land use.
USE, CONDITIONAL. A use which is permitted in a district only if a zoning certificate therefor is expressly authorized by the Planning and Zoning Commission in accordance with Section 1111.06.
USE, NONCONFORMING. Any building, structure, or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform to the use regulations of the district in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, yards, or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.
USE, PRINCIPAL PERMITTED. A use which is permitted outright in a district for which a zoning certificate shall be issued by the Zoning Administrator provided that the applicant meets the applicable requirements of the Code.
USED. Includes arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.
VARIANCE. A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
VEHICLE/EQUIPMENT SALES AND LEASING. Sale and leasing of new and used automobiles, motorcycles, trucks, construction or agriculture equipment, mobile homes, boats and similar equipment, including incidental storage and incidental maintenance. The proportion of new vehicles to used vehicles shall be minimum of 70/30, unless authorized by the Planning & Zoning Commission.
WHOLESALE WAREHOUSING. An establishment that is engaged in the storage and selling of merchandise to retail establishments rather than to consumers.
YARD. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward.
YARD, FRONT. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, usually the building line.
YARD, FRONT, HOW MEASURED. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line) to the closest point of a principal building, provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan or on the official map of the City differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on the Thoroughfare Plan or official map. Corner lots shall have two front yards. When a difference exists between the thoroughfare plan and the existing right-of- way, the applicant must decide which right-of-way they will use. The front yard setback will be reduced if the existing right-of-way is used and later, the City implements the thoroughfare plan right-of-way.
YARD, REAR. A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line to the closest part of a principal building.
YARD, SIDE. A yard extending from the front yard to the rear yard, the width of which is the minimum horizontal distance between the side lot line to the side of a principal building, and a line parallel thereto on the lot.
YARD, SIDE, LEAST WIDTH, HOW MEASURED. Such width shall be measured from the nearest side lot line to a principal building.
ZONING ADMINISTRATOR. Refers to the Zoning Administrator of the Zoning Code of the City of Loveland, Ohio, as appointed by the City Manager.
ZONING CERTIFICATE. A document issued by the Zoning Administrator authorizing buildings, structures, or uses consistent with the terms of this chapter and for the purpose of carrying out and enforcing its provisions.
ZONING MAP. The zoning map of the City, together with all amendments subsequently adopted.