(a) For the purpose of this Zoning Code, certain words and terms used herein shall be interpreted as follows:
(1) The word “person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual.
(2) The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.
(3) The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.
(4) The words “used” or “occupied” include the words “intended, designed or arranged to be used or occupied.”
(5) The word “lot” includes the words “plot” or “parcel.”
(b) In addition, the following words and terms are defined as follows, unless otherwise expressly provided in this Zoning Code:
(.5) ABANDON, ABANDONED, ABANDONMENT: To cease in operation or use for a period of time. Unless otherwise specified within this Code, such period of time shall be six months or more. For the purposes of this Zoning Code, rental payments, lease payments, tax payments, the payment of utilities or phone service, or the temporary use of a structure or parcel shall not be considered as a continued use.
(1) ABORTION SERVICE: See Chapter 731 of the Codified Ordinances of the City.
(2) ACCESSORY STRUCTURE: See: STRUCTURE, ACCESSORY.
(3) ACCESSORY USE: See: USE, ACCESSORY (MAJOR) and USE, ACCESSORY (MINOR).
(4) Reserved. (Ord. 5989. Passed 7-3-07.)
(5) Reserved. (Ord. 5989. Passed 7-3-07.)
(6) Reserved. (Ord. 5989. Passed 7-3-07.)
(6A) ADULT ENTERTAINMENT: Performances by topless and/or bottomless dancers, strippers or similar entertainers, where such performances are characterized by the display or exposure of specified anatomical areas or specified sexual activities.
(7) Reserved. (Ord. 5989. Passed 7-3-07.)
(8) Reserved. (Ord. 5989. Passed 7-3-07.)
(8A) ADULT MINI-MOTION PICTURE THEATER: An enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or. relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.
(8B) ADULT MOTEL: A motel, hotel or similar commercial establishment which:
A. Offers public accommodations, for any form of consideration, and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by a 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 a public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets or radio or television;
B. Offers a sleeping room for rent for a period of less than ten hours; or
C. Allows a tenant or occupant to sub-rent the sleeping room for a period of less than ten hours.
(9) Reserved. (Ord. 5989. Passed 7-3-07.)
(9A) ADULT NOVELTY STORE: See ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE.
(9B) ADULT VIDEO STORE: See ADULT BOOKSTORE, ADULT NOVELTY STORE OR ADULT VIDEO STORE.
(9C) AGRICULTURALLY-RELATED PRODUCTS: Items sold in association with approved agri-business activities to attract customers and promote the sale of agricultural products. Such items include, but are not limited to, agricultural and horticultural products, baked goods, ice cream and ice cream-based desserts and beverages, jams, honey, gift items, food stuffs, clothing and other items promoting the farm and agriculture in general, and value-added and on-site production agricultural products.
(9D) AGRICULTURALLY-RELATED USES: Those activities that predominantly use and/or highlight agricultural products, buildings or equipment, such as pony rides, corn mazes, pumpkin rolling, barn dances, sleigh/hay rides, and educational events.
(10) AGRICULTURE: The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary uses for packing, treating or storing the produce, provided, however, that:
A. The operation of any such accessory uses shall be secondary to that of normal agriculture activities; and
B. The above uses shall not include the feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a commercial stockyard or feedyard.
(11) ALLEY: A service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.
(12) ALTERATION: Any change in, addition to, or modification of, construction or type of occupancy, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed.”
(13) AMUSEMENT GAME MACHINE: A coin-operated machine or device which, whether mechanical, electrical or electronic, shall be ready for play by the insertion of a coin, token or other device and may be operated by the public for use as a game, entertainment or amusement, the object of which is to achieve either a high or low score, which, by comparison to the score of other players, whether playing concurrently or not, demonstrates relative skill or competence, or indicates in any other way competitive advantage of one player or team over another, regardless of skill or competence. It shall include devices such as pinball machines or any device which utilizes a video tube to reproduce symbolic figures and lines intended to be representative of real games of activities. Amusement game machines also include devices such as computerized internet sweepstakes devices or computerized internet games of skill or similar devices.
(13A) AMUSEMENT MACHINE CENTER: Any establishment where the primary use of such premise is the operation and use of amusement game machines or where more than 40% of the usable floor area of any establishment is devoted to the display and/or operation of amusement game machines.
(14) AMUSEMENT MACHINE CENTER, ACCESSORY: A grouping of amusement game machines located within an established permitted use which is clearly incidental and subordinate to the permitted use. For this definition, “incidental and subordinate” shall mean all of the following:
A. The primary use of the property is for a use other than the operation of amusement game machines; and
B. The establishment devotes less than 40% of its usable floor area to the use or operation of amusement game machines; and
C. The customers of the establishment generally spends less money, either directly or indirectly, to operate the amusement game machines than what the customer typically spends on the goods and services offered from the primary use of the establishment.
(14A) ANCILLARY: See: INCIDENTAL.
(14B) ANIMAL HOSPITAL OR CLINIC: See: VETERINARY ANIMAL HOSPITAL OR CLINIC.
(14C) ANTIQUE: Any old and authentic objects that were made, fabricated or manufactured 60 years earlier and which has a unique appeal and enhanced value mainly because of its age and limited supply. Also, any object that was made, fabricated, manufactured 20 or more years earlier and has attained a value in a recognized commercial market that surpasses the object' s original value.
(15) APPEAL: A request for a review of the Zoning Administrator's interpretation of any provision of this Zoning Code or a request for a variance.
(16) AREA OF SPECIAL FLOOD HAZARD: The land in the flood plain within a community subject to a one percent or greater chance of flooding in any given year.
(16A) ART GALLERY: A room or structure in which original works of art or limited editions of original art are bought, sold, loaned, appraised, or exhibited to the general public. This does not include libraries or museums.
(16B) ARTS CENTER: An art center is distinct from an art gallery or museum. An arts center is a functional community center intended to encourage arts practice and to provide facilities such as theater space, gallery space, workshop areas, educational facilities, and/or technical equipment.
(16B-1) ATTENTION-ATTRACTING DEVICE: See SIGN, ATTENTION-ATTRACTING DEVICE: See: SIGN, ATTENTION-ATTRACTING DEVICE.
(16C) AUTOMOBILE FUELING/RECHARGING STATION: An establishment in which motor vehicle fuels, including alternative fuels such as natural gas or hydrogen (stored only in underground tanks), are retailed directly to the public on the premise. This use does not include accessory automobile service garage uses, including, but not limited to, such uses as oil changes, tire servicing and repair, washing, greasing, lubrication and brake repair.
(16D) AUTOMOBILE GRAVEYARD: See SALVAGE YARD.
(17) AUTOMOBILE REPAIR GARAGE: A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame or fender straightening and repair; painting and undercoating of automobiles.
(18) AUTOMOBILE SERVICE CENTER: Reserved. (Ord. 6869. Passed 2-16-21.)
(19) AUTOMOBILE SERVICE STATION: An establishment in which the retail sale of accessories and services for automobiles are provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, bumping, painting and refinishing. Example services that may be offered at an Automobile Service Station include:
A. Sales and service of spark plugs, batteries and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving,
C. Replacement of mufflers and tail pipes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings and the like;
D. Radiator cleaning and flushing;
E. Washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. Providing and repairing fuel pumps, oil pumps and lines;
H. Minor servicing and repair of carburetors;
I. Adjusting and repairing brakes;
J. Minor motor adjustment not involving removal of the head or crankcase or racing the motor;
K. Sales of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
L. Provisions of road maps and other information material to customers and provision of restroom facilities;
M. Warranty maintenance and safety inspections.
Uses permissible at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storing of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found at service stations. A service station is not a repair garage or a body shop. For repair garage and body shop uses see: AUTOMOBILE REPAIR GARAGE.
(19A) AWNING: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, designed and intended for protection from the weather or as a decorative embellishment, and which is supported by and projects from a wall or roof of a structure over a window, walk, door, or the like. See also: CANOPY and MARQUEE.
(19B) BALCONY: An open air platform, enclosed by a parapet or railing, projecting from the upper portion of a wall of a building supported solely by a single principal structure.
(19B-1) BANNER: See: SIGN, BANNER.
(19C) BAR, DISCOTHEQUE, LOUNGE, TAVERN, NIGHTCLUB: An establishment primarily devoted to the selling, serving, or dispensing of alcoholic beverages to be consumed on the premises and in which the service of food is only incidental to the consumption of such beverages. For eating establishments where alcoholic sales are ancillary to food sales, see also: EATING ESTABLISHMENT, STANDARD.
(20) BASE FLOOD: The flood having a one percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the 100-year flood.
(21) BASEMENT: That portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
(22) BED AND BREAKFAST FACILITIES: A residential structure, which is owner-occupied, that has, as a secondary use of the structure, one to five guestrooms for rent. Up to five guestrooms may be provided for rent in a bed and breakfast facility.
(22A) BINGO HALL: A facility used primarily for the conduct of bingo games, open to the public and not in a subsidiary nature to another use.
(22B) BIOSWALE: A constructed, linear depression lined with vegetation, designed to filter pollutants from stormwater runoff prior to discharge to a catch basin or receiving waters.
(23) BOARD: The Board of Zoning Appeals.
(24) BOND: Any form of security, including a cash deposit, surety bond, collateral, property or instrument of credit, in an amount and form satisfactory to the City. All lands shall be approved by the City wherever a bond is required by this Zoning Code.
(24A) BOUTIQUE RETAIL: Retail operations that specialize in a limited type of a few lines of clean, non-hazardous or non-chemical merchandise. Such stores may include, but are not limited to, apparel stores, jewelry stores, bookstores, shoe stores, stationary stores, and antique stores.
(24A-1) BREWPUB: A brewpub shall be defined as an establishment which produces alcoholic beverages, including beers, ales, meads, hard ciders and wines with ancillary activities to include on-site consumption where: 1) a minimum of fifty percent of the gross floor area of the establishment shall be used for the brewery function, and 2) sales and on-site consumption of manufacturing product is the predominate commercial activity occurring at the establishment, and 3) contains kitchen facilities for on-site consumption of food and beverages, but not including alcoholic beverages not manufactured on site. The floor area of the kitchen area shall not be counted toward the fifty percent requirement listed above. Micro-distillery operations may be introduced as an accessory use to a brewpub and may include on-site sales and consumption of spirits produced on-site provided that full kitchen facilities are provided.
(24B) BUFFERYARD: A unit of land, together with a specified type and amount of planting materials and any structures that may be required to eliminate or to minimize conflicts between land uses.
(25) BUILDABLE AREA: That portion of a lot or parcel that can be occupied by a building or structure.
(26) BUILDING: Any structure designed or intended for the support enclosure, shelter or protection of persons, animals, chattels or property.
(27) BUILDING, ACCESSORY: See: STRUCTURE, ACCESSORY.
(28) BUILDING, ATTACHED: A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension of eight feet or more. See BUILDING, SEMI-ATTACHED.
(29) BUILDING FRONTAGE: See FRONTAGE.
(30) BUILDING HEIGHT: The vertical distance measured from the grade plane to the average height of the highest roof surface.
(31) BUILDING LINE: See SETBACK LINE.
(32) Reserved. (Ord. 6625. Passed 1-17-17.)
(33) BUILDING, SEMI-ATTACHED: A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension less than eight feet. See BUILDING, ATTACHED.
(33A) BUILDING UNIT FRONTAGE: See FRONTAGE.
(34) BULK PLANT: That portion of a property where flammable liquids are received by tank vessel, pipe line, tank car or tank vehicle and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipe line, tank car, tank vehicle or container.
(35) BUSINESS, GENERAL: Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, to supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances and furniture; department stores; and discount stores.
(36) BUSINESS, HIGHWAY: Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. Highway business uses include, but need not be limited to, such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.
(37) BUSINESS, NEIGHBORHOOD: Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise or other objectionable influences. To prevent congestion, convenience uses include, but need not be limited to, drugstores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores, if they contain less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.
(38) BUSINESS, OFFICE-TYPE: Quasi-commercial uses which may often be transitional between retail business and/or manufacturing and residential uses. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic, religious or educational nature are also included in this classification.
(39) BUSINESS, SERVICE: Any profit-making activity which renders services primarily to other commercial or industrial enterprises or which services and repairs appliances and machines used in homes and businesses.
(39A) BUSINESS SERVICES, MAILING, REPRODUCTION: The provision of assistance, as opposed to products, to business, industry, government, and other enterprises to manage business activities. Examples of such uses include, but are not limited to: copy centers, phone answering services, private mailing services, and postal boxes.
(40) BUSINESS, WHOLESALE: Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers and other wholesale establishments. These commodities are basically for future resale, for use in the fabrication of a product or for use by a business service.
(40A) CALIPER: The diameter of a tree trunk, measured six inches up the trunk from ground level.
(40A-1) CANDELA: A candela is a lumen per steradian. It is used for “point” sources to calculate how much light is cast on a surface no matter where the surface is.
(40B) CANOPY: A roof-like cover, often of fabric, metal, plastic, fiberglass or glass, on a support which is supported in total or in part from the ground, providing shelter over, for example, a doorway, outside walk or parking area. See also: AWNING and MARQUEE.
(40B-1) CANOPY SIGN: See: SIGN, CANOPY.
(41) CEMETERY: Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
(41A) CHANGEABLE COPY: A portion of a sign designed to accommodate message changes.
(41B) CHANGEABLE COPY, ELECTRONIC: Variable-message changeable copy that utilizes computer-generated messages or some other electronic, or electromechical means of changing or displaying copy.
(42) CHANNEL: A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(43) CHURCH: A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
(44) CITY COUNCIL: The City Council of the City of Miamisburg, Ohio.
(45) CITY ENGINEER: The officer designated and authorized by the City Manager to carry out various functions as specified in this Zoning Code.
(46) CLERK OF COUNCIL: The Clerk of Council of the City of Miamisburg.
(47) CLINIC: See: MEDICAL OFFICE OR CLINIC.
(48) CLUB: A building or portion thereof or premises owned or operated by a person for social, literary, political, educational or recreational purposes primarily for the exclusive use of members and their guests.
(49) CLUSTER DEVELOPMENT: Cluster development permits the grouping of residential dwellings within an R District whereby the yard requirements for their zoning lots are relaxed to provide more flexibility in land planning while maintaining the same overall density.
(50) COMMERCIAL ENTERTAINMENT FACILITY: Any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, nightclubs, cocktail lounges and similar entertainment activities.
(50A) COMMERCIAL KITCHEN: See: KITCHEN, COMMERCIAL.
(50B) COMMERCIAL MESSAGE: See: MESSAGE, COMMERCIAL.
(51) COMMISSION, PLANNING: Miamisburg Planning Commission
(52) COMMUNITY ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITY: A facility which provides resident services to a group of individuals of whom one or more are unrelated. These individuals are mentally retarded, handicapped, aged or disabled; are undergoing rehabilitation; and are provided services to meet their needs. This category includes uses licensed, supervised or under contract by any Federal, State, County or other political subdivision. Community oriented residential social service facilities (residential homes) include the categories set forth in paragraphs (52)A. to E. hereof.
Residential facilities are homes or facilities in which a person with a developmental disability resides, except a home subject to Ohio R.C. Chapter 3721 or the home of a relative or legal guardian in which a person with a developmental disability resides. (“Developmental disability” means a disability that originated before the attainment of eighteen years of age and can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services.)
A. Family homes are residential facilities that provide room and board, personal care, rehabilitation services and supervision in a family setting for not more than eight persons with developmental disabilities.
B. Group homes are residential facilities that provide the services of family homes for at least nine but not more than sixteen persons with developmental disabilities.
C. Social care homes are residential homes for children or adolescents who lack social maturity or have emotional problems but who have not been judged delinquent. Residency may be permanent or transient.
D. Intermediate care homes are residential homes for children or adolescents who have been assigned by a court to a residential home in lieu of placement in a correctional institution.
E. Halfway houses are residential homes for adolescents or adults who have been institutionalized and released or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a group setting.
(53) COMPREHENSIVE DEVELOPMENT PLAN: A plan or any portion thereof, adopted by the City of Miamisburg, showing the general location and extent of present and proposed physical facilities, including housing, commercial and industrial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.
(54) CONCEALED LIGHT SOURCE: An artificial light intended to illuminate the face of a sign, building, structure or area, which light is shielded from the public view and from the adjoining properties.
(54A) CONDITIONAL USE: See: USE, SPECIAL.
(55) CONSTRUCTION, BEGINNING OF: The utilization of labor and/or materials on the footings, foundations walls, roofs and other portions of the building or structure.
(56) CONSTRUCTION, NEW: Structures for which the “start of construction” commenced on or after the effective date of this Zoning Code.
(56A) CONTRACTOR’S OFFICE: A building or building unit used for conducting business and administrative affairs related to a contractor’s operation that does not use any exterior storage area or parking of any trailers, machinery, equipment, or vehicles larger than 7’ wide, 7’ high, or 18’ long.
(56B) CONTRACTOR’S SHOP: An enclosed space used for the housing and/or operating of machinery, the provision of services, the fabrication of building-related products, and interior storage, but does not use any extensive exterior storage area.
(56C) CONTRACTOR’S STORAGE YARD: See YARD OF A GENERAL CONTRACTOR.
(57) CONVALESCENT HOME: See HOME, CONVALESCENT.
(57A) CONVENIENCE STORE: A retail establishment, the ground floor area of which is 5,000 square feet or less, and which offers for sale primarily, most of the following articles: bread, milk, cheese, canned and bottled foods and drinks, tobacco products, candy, papers and magazines, and general household hardware articles.
(58) CORNER LOT: See LOT TYPES.
(58A) CORRECTIONAL FACILITIES: A publically or privately owned facility for the detention, confinement, treatment, or rehabilitation of persons arrested or convicted for the violation of law. Such facilities include, but are not limited to, an adult detention center, juvenile delinquency center, jail, and prison.
(59) COUNTY: Montgomery County, Ohio.
(60) COURT: An uncovered space, other than a yard, on the same parcel as the building and bounded on three or more sides by such buildings, walls or fences.
(61) CUL-DE-SAC: See THOROUGHFARE, STREET OR ROAD.
(61A) CUTOFF: The point at which all light rays emitted by a light source or luminaire are completely eliminated.
(61B) CUTOFF, FULL: A luminaire with no light emitted above horizontal, no light dispersion or direct glare to shine above horizontal.
(61C) DAYTIME: The portion of the day when the sun is above the horizon. Daylight may be visible prior to or after the sun rises or sets, such light does not constitute daytime.
(62) DEAD-END STREET: See THOROUGHFARE, STREET OR ROAD.
(62A) DECK: An outdoor, unenclosed and uncovered platform made from wood or composite material, either freestanding or attached to a building, that is built above the ground, and intended for recreational use.
(63) DENSITY: A unit of measurement; the number of dwelling units per acre of land.
A. Gross Density - The number of dwelling units per acre of the total land to be developed.
B. Net Density - The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(63A) DEPARTMENT STORE: A business conducted under a single owner's name wherein a variety of unrelated merchandise and services are housed, enclosed, and are exhibited and sold directly to the customer for whom the goods and services are furnished.
(64) DEVELOPED PROPERTY: Property upon which a building has been erected.
(65) DEVELOPMENT: Any man-made change to improved or unimproved real estate, including, but not limited to, buildings or other structures, mining, dredging, filling, grading, paving, excavating or drilling operations, or storage of equipment or materials, located within the area of special flood hazard.
(65A) DISABILITY: A physical or mental impairment that substantially limits one or more of an individual's major life activities, impairs an individual's ability to live independently, having a record of such an impairment, or being regarded as having such an impairment. People with disabilities do not include drug addicts or alcoholics when they are using alcohol, illegal drugs, or using legal drugs to which they are addicted.
(66) DISTRICT: A portion of the incorporated area of the City of Miamisburg within which certain zoning regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
(67) DRIVE-IN: A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles to serve patrons while in the motor vehicle rather than within a building or structure.
(67A) DRIVE-THRU STORE: An establishment designed or operated to service or dispense products to customers who remain seated in a passenger vehicle rather than receiving products or service from within a building. Such establishments may be in conjunction with, or exclusive of, another form of service.
(68) Reserved. (Ord. 6626. Passed 1-17-17.)
(69) DWELLING: “Dwelling” shall be defined as follows:
A. Industrialized Unit: An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and, when installed, constitutes a dwelling unit except for necessary preparations for its placement and including a modular or sectional unit but not a mobile home.
B. Mobile home: A detached residential dwelling unit designed for transportation after fabrication on streets and highways on its own wheels or on flatbed or other trailers and arriving at the site which it is to occupy as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connection to utilities and the like.
C. Multiple-family: A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided.
D. Rooming House (Boarding House, Lodging House, Dormitory): A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
E. Single-family: A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only.
F. Two-family: A detached residential building containing two dwelling units designed for occupancy by not more than two families.
(69A) DWELLING UNIT: One or more rooms, designed, occupied, or intended for occupancy as a single living quarter, with cooking, sleeping, and sanitary facilities provided within the unit for the exclusive use of the occupants. Dwelling units shall not include tents, cabins, trailers, roaches, or anything not permanently attached to the ground with a permanent foundation.
(69B) EATING ESTABLISHMENT: Any establishment whose principal business is the sale of food and beverages to the customer in a ready-to-consume state, and whose method of operation is characteristic of a fast-food restaurant, or a standard restaurant or combination thereof, as defined below. When characteristics of two or more eating establishment types are contained within a single building, unit, structure, or business, the requirements for each type of establishment must be satisfied proportionate to the amount of floor area used by each type of eating establishment within the building, unit or business. For establishments whose principal activity is the sale of alcoholic beverages, see also: BAR, DISCOTHEQUE, LOUNGE, TAVERN, NIGHTCLUB.
(69C) EATING ESTABLISHMENT, FAST-FOOD: An eating establishment whose method of operation involves minimum waiting for delivery of ready-to-consume food to the customer at a counter or cafeteria line or in the customer’s motor vehicle for consumption at the counter where it is served, or at tables, booths or stands inside the structure or out, or for consumption off the premises. Carry-out, drive-in, drive-through and delivery restaurants are different types of fast-food eating establishments.
A. Carryout Eating Establishment: A carry-out eating establishment’s method of operation involves the sale of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in a ready-to-consume state for consumption off the premises. No customer eating area is provided.
B. Drive-In Eating Establishment: A drive-in eating establishment’s method of operation involves delivery of prepared food so as to allow its consumption in a motor vehicle or elsewhere on the premises, but outside of an enclosed building.
C. Drive-Through Eating Establishment: A drive-through eating establishment's method of operation involves the delivery of the prepared food to the customer in a motor vehicle, typically through a drive-through window, for consumption off of the premises. No indoor customer eating area is provided.
D. Delivery Eating Establishment: A delivery eating establishment’s method of operation involves sales of food, beverages, and/or frozen desserts in disposable or edible containers or wrappers in ready-to-consume state for consumption off the premises. No drive-in, drive-through, counter or other customer-accessible service area is available on the delivery establishment site. Food is delivered to customers after the customer telephonically transmits an order; customers do not visit the delivery establishment site to obtain food.
(69D) EATING ESTABLISHMENT, STANDARD: A standard eating establishment is a business whose method of operation involves either:
A. The delivery of prepared food by waiters and waitresses to customers seated at tables within a completely enclosed building;
B. The prepared food is acquired by customers at a cafeteria line and is subsequently consumed by the customers at tables within a completely enclosed building;
C. Carryout orders may also be filled at a standard restaurant establishment, provided that additional parking facilities consistent with the requirements for fast-food carryout establishments.
D. The sale of alcoholic beverages is permitted provided that the sale of alcoholic beverages is ancillary to the sale of food and the area devoted to the sale of alcoholic beverages does not exceed 20% of gross floor area of the establishment. A full commercial kitchen and food menu must also be provided. For establishments where alcoholic sales are the predominate activity, see: BAR, DISCOTHEQUES, LOUNGE, TAVERN, NIGHTCLUB.
(70) EDUCATIONAL INSTITUTION: Schools and/or seminaries administered by churches or religious organizations; schools, colleges or universities administered by public agencies; nonprofit schools, colleges or universities operated under charter or license from the state and any nonprofit institution, residence or home operated for the education of five or more students.
(71) ENCLOSED: Surrounded by walls, fences, lattice or similar features on more than two sides and a roof. See also: UNENCLOSED.
(71A) EQUIPMENT RENTAL, SALES AND SERVICE: Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar industrial or commercial equipment primarily for use in business, industrial or recreational operations. Several business subsets fall in this category; including:
A. Equipment rental, sales and service.
B. Mobile home and recreational vehicle rental, sales and service.
C. Boat and marine equipment sales, rental and service; trailer sales and rentals.
D. Machinery and heavy equipment rental, sales and storage.
(72) ERECTED: Built, constructed, altered, reconstructed, moved upon or any physical operations on the premises which are required for the construction. Excavation, fill, drainage and the like shall be considered a part of erection.
(73) ESCROW: A deposit of cash with the City of Miamisburg in lieu of an amount required and still in force on a performance or maintenance bond. Such escrow funds shall be deposited by the subdivider in a separate account.
(74) ESSENTIAL SERVICES: The erection, construction, alteration or maintenance by public utilities or Municipal departments of underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or Municipal departments for the general health, safety or welfare.
(75) EXCAVATION: Any breaking of ground, except common household gardening and ground care.
(76) FABRICATION: The stamping, cutting, assembling or otherwise shaping of processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.
(77) FAMILY: A group of persons related by blood, marriage or adoption living together on the premises in a single dwelling unit, or a group of not more than five individuals living in a single dwelling unit not related by blood, marriage or adoption.
(78) FAMILY DAY CARE HOME TYPE B: A permanent residence of the provider in which child day care or child day care services are provided for one to six children at any given time and in which no more than three children may be under two years of age at one time. Any children under the age of six who are related to the provider and who are on the premises of the Type B home shall be counted.
(79) FARM OR RANCH: An area of at least twenty acres in size and used for farming or agriculture.
(80) FARMING: The act or business of cultivating land, producing crops and/or keeping livestock.
(81) FEDERAL EMERGENCY MANAGEMENT AGENCY: The agency with the overall responsibility for administering the National Flood Insurance Program.
(82) FILING FEE: A fee established by the City Council, charged to an applicant to cover the administrative cost to process an application, including but not limited to: a zoning permit, rezoning or amendment to the Planning and Zoning Code or Official Zoning Map, building permit, request for a variance, or an administrative appeal.
(82A) FLAG: Any fabric or similar light-weight material anchored along one side, displayed from a single pole, either freestanding or attached to a building so as to allow movement of the material by atmospheric changes and which contains distinctive colors, patterns, symbols, emblems, insignia, or other symbolic devices used to represent a government, political subdivision, and/or any organization.
(83) FLOOD INSURANCE RATE MAP (FIRM): An official map on which the Federal Emergency Management Agency has delineated the areas of special flood hazard.
(84) FLOOD INSURANCE STUDY: The official report in which the Federal Emergency Management Agency has provided flood profiles, floodway boundaries and the water surface elevation of the base flood.
(85) FLOOD OR FLOODING: A general and temporary condition of partial or complete inundation of normally dry land areas from:
A. The overflow of inland or tidal waters; and/or
B. The usual and rapid accumulation or runoff of surface waters from any source.
(86) FLOOD PLAIN: That land, including the flood fringe and the floodway, subject to inundation by the regional flood.
(87) FLOOD, REGIONAL: Large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The regional flood generally has an average frequency of the 100 year recurrence interval flood.
(88) FLOODWAY: The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(89) FLOODWAY FRINGE: That portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
(90) FLOOR AREA: The sum of the gross horizontal area of those spaces designed for living, sleeping, eating and cooking purposes, which meet all current Ohio Building Code (OBC) requirements for habitable spaces. Garages, porches, attic space and living areas which are located below grade an average of four feet shall not be included in the definition of floor area. Calculations of floor areas shall be made from the exterior face of the enclosing walls at the respective floor line and, where applicable, the centerline of party walls.
(91) FLOOR AREA OF A NONRESIDENTIAL BUILDING (TO BE USED IN CALCULATING PARKING REQUIREMENTS): The floor area of the specified use, excluding stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms and similar areas.
(92) FLOOR AREA OF A RESIDENTIAL BUILDING: The sum of the gross horizontal area of the several floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches and roofed terraces. All dimensions shall be measured between interior faces of walls.
(93) FLOOR AREA RATIO: The ratio of the total floor area to the area of the lot.
(94) FLOOR AREA, USEABLE: Measurement of useable floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.
(94AA) FOOT-CANDLE: A measurement of light at an illuminated object. One foot-candle is the illuminance at a point on a surface which is one foot from, and perpendicular to, a uniform point source of one candela. One foot-candle ~10.8 lux. Abbreviation: fc.
(94A) FRATERNAL ORGANIZATION: See CLUB, as defined in this section.
(95) FRONTAGE:
A. BUILDING FRONTAGE: The façade of a building that contains the main public entry or is the façade of a building that is parallel to and facing a public street.
B. BUILDING UNIT FRONTAGE: The linear dimension of the width portion of the building unit face including all appurtenant overhangs or other structures, either: closest to parallel to the principal street or containing the primary building unit entrance of any building on any lot.
C. LOT FRONTAGE: The frontage of a lot shall be construed to be the portion abutting a public or private street. For the purpose of determining yard requirements on corner lots and through lots, all sides of the lot adjacent to streets (not including alleys) shall be considered frontages, and yards shall be provided as indicated under the definition of “yard” in this section.
1. In the case of curvilinear streets and cul-de-sacs where lots are being created on the outside of the curve, a reduction of the otherwise specified lot frontage along the front property line shall be permitted, provided that:
a. The lot width on the required building line as measured on the arc shall equal the frontage required in the district where located.
b. The side lot lines shall be radial to the curvilinear street.
c. Such reduction of frontage shall not result in a reduction of the required lot area.
2. In the case of curvilinear streets where lots are being created on the inside of the curve, an increase in the lot frontage shall be required, provided that:
a. The lot width shall equal the frontage required in the district where located and be measured on the arc thirty feet to the rear and parallel to the required building line.
b. The side lot lines shall be radial to the curvilinear street.
(95AA) FULL CUTOFF: See: CUTOFF, FULL.
(95A) FUNERAL HOME: An establishment engaged in undertaking services such as preparing the dead for burial and arranging and managing funerals.
(95B) GAMING: To deal, operate, carry on, conduct, maintain or expose for play any game, sports book, parimutuel, or any other form of wagering.
(95C) GAMING ESTABLISHMENT: A building or part of a building that is used or intended to be used for gaming activities for which a gaming license is required.
(96) GARAGE, PRIVATE: A detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein:
A. Not more than one space is rented for parking to a person not resident on the premises;
B. Not more than one commercial vehicle per dwelling unit is parked or stored;
C. The commercial vehicle permitted does not exceed two tons capacity.
(97) GARAGE, PUBLIC: A principal or accessory building, other than a private garage, used for parking or temporary storage of passenger automobiles and in which no service shall be provided for remuneration.
(98) Reserved. (Ord. 6774. Passed 4-2-19.)
(99) GARDENING: The cultivation of fruits, vegetables, flowers or other plant materials.
(100) GRADE, STREET: That elevation at the crown of the street on a line perpendicular to midpoint of the front property line of the lot, parcel or tract.
(100A) GREENBELT: Areas in pervious greenspace occasionally required along street frontages or between properties in bufferyard areas. Street frontage greenbelts (green belts) shall be planted with a row of shrubs that will grow into a continuous hedge with a maximum height of three feet at maturity and minimum planting height of 18 inches. Bufferyard greenbelts (green belts) shall be planted with a row of evergreen trees and/or tree-like shrubs that will grow into a sight-proof screen with a minimum planting height of five feet.
(100B) GROCERY STORE: A single store, the floor area of which is between 4,000 and 20,000 square feet, and which offers for sale primarily, food, drinks, tobacco products, papers and magazines and general household hardware articles.
(101) HEALTH DEPARTMENT: The Montgomery County Board of Health.
(102) HOME, CONVALESCENT: An establishment which provides lodging, board and personal services, other than medical or nursing care, for the health, safety and comfort of more than four persons residing therein. The term “convalescent home” includes buildings designated as rest homes or homes for the aged, but not nursing homes or hospitals.
(102A) HOME FURNISHINGS STORE: A retail establishment that primarily sells goods for furnishing or improving residential units. These establishments may include but are not limited to furniture stores, home electronics stores, appliance stores, and similar establishments.
(103) HOME OCCUPATION: An occupation carried on in a dwelling unit by the resident thereof; provided that the use is limited in extent and clearly incidental and secondary to the use of the dwelling unit for residential purposes and does not change the character thereof or adversely affect the uses permitted in the zoning district of which it is a part.
(104) HOSPITAL: An institution, licensed by the Ohio Department of Health, providing primary health services and medical or surgical care to persons suffering from illness, disease, injury, deformity, and other abnormal physical or mental conditions, and including as an integral part of the institution, related facilities such as laboratories, outpatient facilities, or training and educational facilities. See also: MEDICAL OFFICE OR CLINIC.
(105) HOTEL: An establishment providing sleeping accommodations and customary lodging services on a transient basis to the public for a nightly fee with access to units primarily from interior lobbies, courts, or halls. As such, hotels are open to the public in contradistinction to a correctional facility, boarding house, rooming house, lodging house or dormitory which are herein separately defined.
(105A) HOUSEHOLD PET: Any dog, cat or other species of animal, fish, fowl, amphibian, or reptile which species is commonly deemed in this City to be tame and domesticated, or that is commonly accepted in this City as a pet kept inside a residence. A household pet is not kept for food production or agricultural value.
(105B) INCIDENTAL: Subordinate and minor in significance and bearing a reasonable relationship with the primary use.
(105C) INDOOR RECREATION: A recreational land use conducted wholly within an indoor facility, with or without seating for spectators, and providing accommodations for a variety of individual, organized sports or activities, including but not limited to basketball, bowling, ice hockey, wrestling, soccer, tennis, volleyball, racquetball, or handball, sports training, hobby activities, and other recreational games. Such a facility may also provide other regular organized events, health and fitness activities, swimming, snack bars and refreshments, retail sales of related sports, health, fitness or hobby items, and other support facilities.
(106) INSTITUTION: Building and/or land designed to aid individuals in need of mental, therapeutic or rehabilitative counseling, or other correctional services.
(107) JUNK YARD: See SALVAGE YARD.
(108) KENNEL: Any lot, parcel, tract or structure in which four or more household pets, six months old or older are kept, maintained, housed or treated for private gain.
(109) KITCHEN: An area intended and equipped for the preparation of food.
(109A) KITCHEN, COMMERCIAL: Food preparation facilities that satisfy health code provisions for places that prepare food for consumption by the general public.
(110) LABORATORY: A facility for scientific research in technology-intensive fields, scientific investigation, testing of materials or products, or experimentation. All research and testing shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detected outside said building.
(111) LAND USE PLAN: See COMPREHENSIVE DEVELOPMENT PLAN.
(112) LAUNDROMAT: An establishment providing washing, drying, ironing or dry-cleaning machines for hire to be used by customers on the premises.
(113) LINE, CENTER: See STREET, CENTERLINE OF.
(114) Reserved. (Ord. 6717. Passed 5-1-18.)
(115) Reserved. (Ord. 6717. Passed 5-1-18.)
(116) LINE, PROPERTY: The boundary of any lot, parcel or tract as the same is described in the conveyance to the owner, and shall not include the streets or alleys upon which the said lot, parcel or tract may abut.
(117) Reserved. (Ord. 6717. Passed 5-1-18.)
(118) Reserved. (Ord. 6717. Passed 5-1-18.)
(119) LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off- street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(120) LOCATION MAP: See VICINITY MAP.
(121) LOT: A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as herein required. Such lot shall have frontage on an approved public street or on an approved private street and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(122) LOT COVERAGE: The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(123) LOT FRONTAGE: See FRONTAGE.
(123A) LOT LINE: The perimeter or outer boundary of a lot, parcel or tract.
A. FRONT LOT LINE: The line separating a lot, parcel or tract from any public street right-of-way, not including alleys. See also: ALLEY.
B. REAR LOT LINE: The lot line which is opposite and most distant from a front line, or, on an irregular or triangular lot, a line at least twenty feet long entirely within the lot, parallel to and the furthest distance from the front lot line. On interior lots abutting alley rights-of-way, the lot line most distant from the front lot abutting the alley right-of-way most distance from the front lot line shall be considered a rear lot line.
C. SIDE LOT LINE: A line connecting a front lot line with a rear lot line. On interior lots with alley rights-of-way abutting more than one side, the lot line connecting the front lot line to the rear lot line, even when abutting an alley right-of-way, shall be considered a side lot line.
(124) LOT MEASUREMENT: A lot shall be measured as follows:
A. Depth: The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and rearmost points of the side lot lines in the rear.
B. Width: The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
Either of the two sides of a corner lot fronting on a street may be designated the front of the lot, provided that the rear yard shall always be opposite the front designated.
When a principal dwelling is located with its greatest length on the long side of the lot, the rear yard requirements may be reduced to a minimum of twenty feet, provided it extends for the entire length of the lot.
(125) LOT, MINIMUM AREA OF: The area of a lot is computed exclusive of any portion of the right-of-way of any public or private street.
(126) LOT OF RECORD: A lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Montgomery County: or a parcel or tract of land, the deed to which was of record as of March 21, 1967.
(127) LOT TYPES: Terminology used in this Zoning Code with reference to corner lots, interior lots, through lots and flag lots is as follows:
A. Corner lot: A lot located in the intersection of two or more streets at their intersection.
B. Flag lot: A lot either not fronting on or abutting a public right-of-way and where access to the public right-of-way is by a narrow, private strip or land, or a lot with a narrow frontage on a public right-of-way.
C. Interior lot: A lot with only one frontage and/or on a street.
D. Through lot: A lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(128) LOWEST FLOOR: The lowest floor of the lowest enclosed area (including basement). An unfinished or flood resistant enclosure, useable solely for parking of vehicles, parking access or storage in an area other than a basement area is not considered a building's lowest floor; provided that such enclosure is built in accordance with the applicable design requirements for enclosures below base flood elevation specified in this Zoning Code.
(128A) LUMEN (lm): The unit of luminous flux, equal to the luminous flux emitted in a unit solid angle by a point source of one candle intensity. This unit of measure is used to describe the quantity of light emitted from a source of light. Abbreviation: lm.
(129) MACHINE SHOP: A structure containing machinery for the manufacture, modification or repair of metal goods and equipment.
(129A) MAINSTREAM PERFORMANCE HOUSE: A theater, concert hall, auditorium or similar establishment which regularly features live performances, such as plays or concerts, which are not distinguished or characterized by an emphasis on the depiction, description, display or featuring of specified anatomical areas or specified sexual activities and where such depiction, if any, is only incidental to the primary purpose of any performance.
(130) MAINTENANCE AND STORAGE FACILITY: Land, buildings and structures devoted primarily to the maintenance and storage of construction equipment and material.
(131) MAJOR PUBLIC ENTRANCE: Any entrance to a nonresidential principal structure which is designed and intended for regular access during business hours by the general public on an unrestricted basis. Entrances designed or used primarily for emergency, delivery or employees' access or for other restricted purposes shall not be considered major public entrances.
(132) MAJOR THOROUGHFARE PLAN: The official thoroughfare plan of, and as adopted by, the City Council of Miamisburg, establishing the location and official right- of-way widths of principal highways and streets in the City of Miamisburg, on file in the office of the Montgomery County Recorder, together with all amendments thereto subsequently adopted.
(133) MANUFACTURED HOME: A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term “manufactured home” does not include “recreational vehicle”.
(134) MANUFACTURED HOME PARK OR SUBDIVISION: A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. This definition shall exclude any manufactured home park as defined in Section 3733.01 of the Ohio Revised Code, over which the Public Health Council has exclusive rulemaking power.
(135) MANUFACTURING, EXTRACTIVE: Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources.
(136) MANUFACTURING, HEAVY: Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as noise, vibration, dust and glare, but not beyond the district boundary.
(137) MANUFACTURING, LIGHT: 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; operate and store within enclosed structures; and generate little industrial traffic and no nuisances.
(137A) MARQUEE: Any permanent roof-like structure projecting beyond a building or extending along and projecting beyond the wall of a building, generally designed and constructed to provide protection from the weather. See also: CANOPY and AWNING.
(138) MASSAGE: Reserved. (Ord. 6869. Passed 2-16-21.)
(139) MASSAGE ESTABLISHMENT: Reserved. (Ord. 6869. Passed 2-16-21.)
(140) MASTER PLAN: The Comprehensive Plan, including graphic and written proposals, indicating the general location for streets, parks, schools, public buildings and all physical development of the City of Miamisburg, and including any unit or part of such plan and any amendment to such plan or parts thereof.
(140A) MEDICAL OFFICE OR CLINIC: A facility operated by one or more physicians, dentists, or other professionally-licensed practitioners for the examination and treatment of persons solely on an outpatient basis. A clinic may include a dental or medical laboratory. This shall not include hospitals. See also: HOSPITAL.
(140B) MESSAGE, COMMERCIAL: Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
(140C) MESSAGE, NONCOMMERCIAL: A message intended to direct attention to a political candidate, election issue, political, social, religious, community or public service issue or idea, aim, viewpoint, aspiration or purpose and not intended to produce any commercial benefit or tend to encourage a commercial transaction.
(140D) MICROBREWERY/MICROWINERY: Defined as an establishment engaged in the production and distribution of beer, ale or wine with ancillary activities to include on-site consumption where: 1) a minimum of fifty percent of the gross floor area of the establishment shall be used for the brewery function, and 2) sales and on-site consumption of the manufacturing product is the predominate commercial activity occurring at the establishment. Micro-distillery operations may be introduced as an accessory use but may only be for the sale of sealed bottles of spirits for off-site consumption and not include sales for on-site consumption of spirits.
(140E) MINI/SELF STORAGE: A building or group of buildings consisting of fully-enclosed, individual, self-contained units leased to individuals, organizations or businesses for the temporary storage of property.
(141) MOBILE HOME: A detached residential dwelling unit designed for transportation after fabrication on streets and highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, locations on jacks or other temporary or permanent foundations, connection to utilities and the like.
(142) MOBILE HOME PARK: Premises where two or more mobile homes are parked for living or sleeping purposes, or where spaces or lots are set aside or offered for sale or rent for use by mobile homes for living or sleeping purposes, including any land, building, structure or facility used by occupants of mobile homes on such premises.
(142A) MORTUARY: See: FUNERAL HOME.
(143) MOTEL: An establishment providing sleeping accommodations and customary lodging services on a transient basis to the public for a nightly fee with access to units primarily from exterior courts or walkways. As such, motels are open to the public in contradistinction to a boarding house, rooming house, lodging house or dormitory which are herein separately defined.
(143A) MULCHING: The application of dead plant or tree materials to the soil surface to conserve moisture, hold soil in place and to aid in the establishment of plant cover.
(144) MUNICIPALITY: The City of Miamisburg.
(144A) MUSEUM: A building having public significance by reason of its architecture or former use of occupancy or a building serving as a repository for a collection of natural, scientific, or literary curiosities or objects of interest, or works of art, and arranged, intended, and designed to be used by members of the public for viewing, with or without an admission charge.
(144B) NATURAL AREA: Areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education. See also: PARK.
(144B-1) NIGHTTIME: The portion of the day when the sun is below the horizon.
(144B-2) NIT: The measurement of the amount of light a bulb produces. It is given in nits or one candela per square meter (cd/m2). One nit is equal to one cd/m2. For purposes of this Zoning Code, 5,000 nits equals 464.5 candela per square foot and 1,000 nits equals 92.9 candela per square foot.
(144C) NONCOMMERCIAL MESSAGE: See: MESSAGE, NONCOMMERCIAL.
(145) NONCONFORMITY: A building lot, structure, site, sign, or use of land existing at the time of the enactment of this Zoning Code, and which does not conform to the regulations of the district or zone in which it is situated.
A. NONCONFORMING LOT: Any recorded lot that was lawfully created but that no longer complies with the regulations of the Planning and Zoning Code.
B. NONCONFORMING SIGN: Any sign that was lawfully established but that no longer complies with the standards of the Miamisburg Planning and Zoning Code.
C. NONCONFORMING SITE: A development site that was lawfully established but that no longer complies with the standards of the Planning and Zoning Code.
D. NONCONFORMING STRUCTURE: A structure, other than a sign, that was lawfully established but that no longer complies with all the regulations applicable to the Planning and Zoning Code.
E. NONCONFORMING USE: A use that was lawfully established but that no longer complies with the use regulations applicable to the Zoning District in which the property is located.
(144C) NONCOMMERCIAL MESSAGE: See: MESSAGE, NONCOMMERCIAL.
(145) NONCONFORMITY: A building lot, structure or use of land existing at the time of enactment of this Zoning Code, and which does not conform to the regulations of the district or zone in which it is situated.
(145A) Reserved. (Ord. 5989. Passed 7-3-07.)
(145B) Reserved. (Ord. 5989. Passed 7-3-07.)
(145C) NUDITY OR STATE OF NUDITY: The showing, representation or depiction of human male or female genitals or a bare buttock, anus or the areola or nipple of the female breast with less than full, opaque covering of any portion thereof below the top of the nipple, or of uncovered male genitals in a discernibly turgid state.
(146) NURSERY (PLANT MATERIALS): Land, building, structure or a combination thereof for the storage, cultivation or transplanting of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping. The definition of “nursery,” within the meaning of this Zoning Code, does not include any space, building or structure used for the sale of fruits, vegetables or Christmas trees.
(147) NURSERY SCHOOL: Any place in which child day care is provided for five or more infants, preschool children or school-age children outside of school hours in average daily attendance, other than the children of the owner or administrator of the center, with our without compensation.
(148) NURSING HOME: An establishment which maintains and operates continuous day and night facilities providing room and board, personal services and nursing care (not hospital care) for two or more persons not related to the proprietor who by reason of illness or infirmity are unable to care properly for themselves.
(149) OFF-STREET PARKING LOT: A facility, other than for single-family dwellings, providing vehicular parking spaces along with adequate drives and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
(149A) OFFICE: A facility for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, bookkeeping, computer software consulting, data management, engineering, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices, banks and savings and loan associations and offices that are incidental to retail, production, storage or other activities. See also: MEDICAL OFFICE OR CLINIC.
(150) OPEN SPACE: An area of either formal or informal open space. See also: OPEN SPACE, FORMAL and OPEN SPACE, INFORMAL.
(150A) OPEN SPACE, FORMAL: Formal open space is a generally planned and structured area that includes formally designed landscape plantings, activity areas, or is otherwise usable by the residents or occupants of the applicable development. The space is commonly or publicly-owned and regularly maintained and may include streetscape furnishings (e.g., benches, lighting, and sculptures) and recreational improvements (e.g., playgrounds, swimming pools, tennis courts) and any other recreational facilities that the Planning Commission deems permissible. Streets, parking areas, structures for habitation and the like shall not be included.
(150B) OPEN SPACE, INFORMAL: Informal open space is an area generally planned to remain open and undeveloped, including natural land area of rugged terrain, riparian setbacks (left naturalized), streams and creeks and associated riparian easements, and storm water detention or retention ponds. These areas may be commonly or publicly-owned, or be located within designated and recorded no-build or conservation easements on private property.
(150C) OUTDOOR DISPLAY/SALES: Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area. This does not include vehicle inventory lots or outdoor storage areas. See also: OUTDOOR STORAGE and VEHICLE INVENTORY LOT.
(150D) OUTDOOR STORAGE: The storage of raw materials, finished or partially-finished goods, vehicles (in lawfully operable condition) and/or other items or materials in an area outside of a building. This does not include vehicle inventory lots, nor does it include accessory parking areas for legally-operable fleet vehicles used in the day-to-day operations of an approved permitted use and parked in a screened-in area on the property. See also: OUTDOOR DISPLAY/SALES and VEHICLE INVENTORY LOT.
(151) OWNER: Any person who, alone or jointly or severally with others, shall have legal title to any land or structure, with or without accompanying actual possession thereof; or shall have charge, care or control of any land or structure as owner or agent of the owner; or as executor, administrator, conservator, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with this Zoning Code and of rules and regulations adopted pursuant thereto, to the same extent as if he or she were the owner.
(152) PARCEL: A lot or tract, or contiguous groups or portions of such lots and/or tracts, shown on the Assessor's roll of Montgomery County, or a contiguous area of land under legal control of any one person, partnership, firm, corporation, syndicate, agency or institution. See also LOT and TRACT.
(152A) PARK: Any public or private land designated and intended primarily for outdoor recreational, educational, cultural, or aesthetic use. This includes properties containing publically-accessible recreational trails and other similar features. See also: NATURAL AREA.
(153) PARKING SPACE: An area of definite length and width; said area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles. Such area shall be located totally outside of any street or alley right-of-way.
(153A) PATIO: An outdoor, unenclosed, and uncovered level, landscaped, and/or surfaced area, usually made of concrete, brick, or other masonry material that is at or within 6" of finished grade and not covered by a permanent roof and intended for recreational use.
(153B) PAWN SHOP: Any business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon and takes or receives such personal property. Also included within this definition are payday loans, check cashing, and auto title loan establishments.
(154) PERFORMANCE BOND OR SURETY BOND: An agreement by a subdivider or developer with the City of Miamisburg for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreements.
(155) PERSONAL SERVICES: Excluding offices of physicians and dentists, establishments engaged in providing services involving the care of a person or involving the care of personal goods or apparel. Such establishments include: laundries; clothing rental establishments; nail care establishments, barber shops; hair removal establishments; hair care and styling establishments; electrolysis establishments; health clubs; establishments providing facials or body treatments or make-up application; steam baths; body massage establishments; beauty shops; shoe, leather and handbag repair establishments; dry cleaners; tailors; toning or tanning establishments; and hair or body salons.
(156) PLANNED UNIT DEVELOPMENT: An area of land in which a variety of housing types and subordinate commercial and industrial facilities are accommodated in a pre- planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(157) PLANNING COMMISSION: The Planning Commission of the City of Miamisburg.
(157A) PLANTING STRIP: See: GREENBELT.
(157B) POOL FENCE/BARRIER: A fence, a wall, a building wall, or any combination of the three that completely surrounds a swimming pool and obstructs access to the swimming pool.
(158) PORCH: A roofed open area attached to or part of and with direct access to or from a building. A porch becomes a room when the space is enclosed, heated, air condition or if glazed. Porches shall not be screened using temporary materials, such as but not limited to fabric sheets, tarps, visqueen, or sheathing.
(159) PREMISES: A general term meaning part or all of any lot, parcel or tract or part or all of any building or structure or group of buildings or structures located thereon.
(159A) PRINCIPAL STRUCTURE: See: STRUCTURE, PRINCIPAL.
(159B) PRINCIPAL USE: See: USE, PRINCIPAL.
(159C) PRINTING, PUBLISHING, LITHOGRAPHY, AND BINDING: A printing operation involving a process that is considered printing, imprinting, reproducing, or duplicating images and using printing methods such as off-set printing, lithography, web offset, flexographic, and screen process printing and also may include the process of physically assembling a book or publication from a number of folded or unfolded sheets of paper or other material.
(160) Reserved. (Ord. 6758. Passed 1-15-19.)
(160A) PROJECTION: An architectural element that is allowed to project a designated amount into a required setback or required yard area.
(161) PROPERTY LINE: See LINE, PROPERTY.
(162) PUBLIC HEARING: A meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.
(163) PUBLIC SERVICE FACILITY: The erection, construction, alteration, operation or maintenance of buildings, power plants or sub-stations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
(164) PUBLIC USE: See: USE, PUBLIC.
(165) PUBLIC WAY: An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, bicycle path or other ways in which the general public or a public entity has a right, or which are dedicated, whether improved or not.
(166) QUASIPUBLIC USE: See: USE, QUASIPUBLIC.
(167) RECREATION CAMP: An area of land on which two or more travel trailers, campers, tents or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure or fixture or equipment that is used or intended to be used in connection with providing such accommodations.
(168) RECREATION FACILITY: Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. Extensive facilities generally require and utilize considerable areas of land and include, but need not be limited to, hunting, fishing and riding clubs and parks. Intensive facilities generally require less land (used more intensively) and include, but need not be limited to, miniature golf courses, amusement parks, stadiums and bowling alleys.
(169) RECREATIONAL VEHICLE: A vehicle which is built on a single chassis, is 400 square feet or less when measured at the largest horizontal projection, is designed to be self-propelled or permanently towable by a light duty truck, and is designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping or travel use.
(169A) RECYCLING FACILITY: A facility that is not a salvage yard and in which recoverable resources, such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products are recycled, reprocessed, and treated for end-use markets, such as paper mills, aluminum smelters, or plastic remanufacturing plants.
(170) RESEARCH AND DEVELOPMENT: An establishment that conducts applied and developmental research or controlled production of high-technology electronic, industrial, or scientific products or commodities, or laboratories conducting educational or medical research or testing. For such research and development activities, all research, testing and development shall be carried out within entirely enclosed buildings, and no noise, smoke, glare, vibration or odor shall be detectable outside of said building.
(170A) RESIDENTIAL CONVERSION: The conversion of an existing residential structure designed and built for residential purposes into a non-residential use or structure or vice versa. Residential conversions may also include the conversion of an existing residential use into a more or less intense residential use; such as converting a single-family dwelling into a two family dwelling or vice versa.
(170B) RESIDENTIAL STRUCTURE: See: STRUCTURE, RESIDENTIAL.
(170C) RESTAURANT: See: EATING ESTABLISHMENT.
(170D) RESTAURANT, FAST FOOD: See: EATING ESTABLISHMENT, FAST FOOD.
(170E) RESTAURANT, STANDARD: See: EATING ESTABLISHMENT, STANDARD.
(171) RETAIL: Sale to the ultimate consumer for direct consumption and/or use and not for resale.
(172) RIGHT-OF-WAY: A strip of land taken or dedicated for use as a public way, in addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment), such as grade separation, landscaped areas, viaducts and bridges.
(173) ROADSIDE STAND: A temporary structure designed or used for the display or sale of agricultural and related products.
(174) ROW HOUSE: A row of three or more attached, one-family dwellings, each built with similar architectural treatment, separated by vertical divisions termed party or lot-line walls, and each having private entrances (usually both front and rear). Often called a “town house,” which is a more modern term for row house.
(175) SALVAGE YARD: A facility or area for storing, keeping, selling, dismantling, shredding, compressing, reclaiming, or salvaging scrap or discarded material, vehicles, equipment, or machinery.
(176) SEAT: For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each twenty-four linear inches of benches, pews or space for loose chairs.
(176AA) SELF & MINI STORAGE: A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations or businesses for the temporary storage of property.
(176BB) SEMI CUTOFF: Reserved. (Ord. 6869. Passed 2-16-21.)
(176A) SERVICE AREA: Service areas are those areas on commercial and/or industrial properties meant to provide service to a building or site. These areas often include loading docks, propane tanks (not for public use), dumpsters, outdoor storage areas (where permitted), electrical transformers and utility vaults and are generally not used by the patrons or employees of the subject building or site when parking their own passenger vehicles. See also: LOADING SPACE, OFF-STREET.
(177) SETBACK LINE: A line established by this Zoning Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than an accessory building, or structure may be located above ground, except as may be provided in this Zoning Code. (See YARD.)
(178) SEWER, CENTRAL OR GROUP: An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.
(179) SEWER, ON-SITE: A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process and an equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(179A) SHRUB: A woody plant that usually remains or is cut low and produces shoots or trunks from the base; it is not usually tree-like nor single-stemmed.
(180) SIDEWALK: That portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
(181) SIGN: Any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols or trademarks by which anything is made known, such as are used to designate a firm, an association, a corporation, a business, a service or a commodity or product, or any type of publicity, whether placed on natural objects or on a building, fence or other manmade structure, which are visible from any public street or public road right-of-way.
(181A) SIGN, ABANDONED: Any sign and/or its supporting sign structure which remains without a message or whose display surface remains blank for a period of one year or more, or any sign which pertains to a time, event or purpose which no longer applies, shall be deemed to have been abandoned. Signs applicable to a business temporarily suspended because of a change in ownership or management of such business shall not be deemed abandoned unless the property remains vacant for a period of one year or more. Any sign remaining after demolition of a principal structure shall be deemed to be abandoned. Signs which are present because of being legally established nonconforming signs or signs which have required a conditional use permit or a variance shall also be subject to the definition of abandoned sign.
(182) Reserved. (Ord. 6717. Passed 5-1-18.)
(183) Reserved. (Ord. 6717. Passed 5-1-18.)
(184) SIGN AREA: The total area in square feet of all the visible information-conveying surface area(s) of a sign including all localized background(s), but excluding all material(s) not conveying significant visual information and whose major function is providing structural support for the sign. An irregular shaped sign surface area shall be measured by calculating the surface area of a simple plane or solid geometric shape which approximates the size and shape of the sign surface area. The number of sides on said geometric shape shall be limited to twelve.
(184A) SIGN, ATTENTION-ATTRACTING DEVICES: Any device, such as balloons, air-activated devices, searchlights, light bands, twirling signs, inflatable objects, etc., intended to attract the attention of the public to an establishment, location, product or service.
(185) SIGN, AWNING: A sign or graphic printed on or in some fashion attached directly to the awning material.
(185A) SIGN, BANNER: Any sign or cloth, plastic, canvas, or similar non-rigid material that is customarily mounted on the walls of buildings or upon the hard surfaces of other structures on property. Flags, as defined herein, shall not be considered banners.
(185B) SIGN, BUILDING: A general term for wall, projecting, awning, marquee and/or canopy signs.
(186) Reserved. (Ord. 6717. Passed 5-1-18.)
(187) Reserved. (Ord. 6717. Passed 5-1-18.)
(187A) SIGN, CANOPY: Any sign that is part of or attached to a canopy, made of fabric, plastic, or structural protective cover over a door, entrance, or window.
(187B) SIGN, CHANGEABLE COPY: A portion of a sign designated to accommodate message changes, such as reader boards.
(188) Reserved. (Ord. 6717. Passed 5-1-18.)
(188A) SIGN, COMMERCIAL: A sign that contains a commercial message.
(188B) SIGN, NONCOMMERCIAL: A sign containing a noncommercial message. Any sign that may be displayed under the provisions of this Code may contain a noncommercial message.
(189) Reserved. (Ord. 6717. Passed 5-1-18.)
(189A) SIGN, CORPORATE LIMIT: A sign installed in the public right-of-way by the City of Miamisburg at or near any corporate limit of the City of Miamisburg.
(190) Reserved. (Ord. 6717. Passed 5-1-18.)
(191) Reserved. (Ord. 6717. Passed 5-1-18.)
(191A) SIGN, ELECTRONIC CHANGEABLE COPY: Variable-message changeable copy that utilizes computer-generated messages or some other electronic, or electromechanical means of changing or displaying text and other graphics.
(191B) SIGN, ENTRANCEWAY: A type of freestanding sign located at the primary vehicular entrance or entrances of residential, office, industrial or commercial developments that incorporate high quality building materials and landscaping.
(191C) SIGN, EXEMPT: A sign exempted from normal sign zoning permit requirements, but not from any applicable building permits or permits required by other codes.
(192) SIGN FACE: The surface or the sign upon, against or through which the message of the sign is exhibited.
(193) SIGN, FLASHING: Any sign having a conspicuous and intermittent variation in the illumination of the sign.
(194) SIGN, FREESTANDING: A sign which is supported by one or more uprights, poles or braces in or upon the ground. Freestanding signs may be supported by one or more posts or poles or placed upon a solid foundation, such as a brick base. See also: SIGN, GROUND and SIGN, POLE.
(194A) SIGN, GOVERNMENT: Signs designed for control of, or to provide information to, traffic and other regulatory functions, and signs of public utilities and/or common carriers indicating danger and/or location of facilities and/or components, and aids for service or safety which are erected by the order of a public officer in the performance of his/her public duty. See also: SIGN, PUBLIC.
(195) SIGN, GROUND: Any sign supported by a continuous supporting foundation, placed upon the ground and not attached to any building. Ground signs are a subset of freestanding signs. See also: SIGN, FREESTANDING.
(195A) SIGN, HAND-HELD: A sign containing a commercial message that is held, carried, worn, balanced by or otherwise mounted on a person. A hand-held sign shall include a human or animal used as an advertising device for commercial establishments, typically by holding or wearing of insignia, masks, or costumes associated with the commercial establishment.
(196) SIGN HEIGHT: The height of a sign, as explained in Chapter 1293 of this Code.
(197) Reserved. (Ord. 6717. Passed 5-1-18.)
(198) SIGN, ILLUMINATED: Any sign illuminated by electricity, gas or other artificial light, including reflecting or phosphorescent light, for nighttime viewing.
A. Internal: A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.
B. External/Indirect/Concealed: A light source not seen directly and concealed from view. An example includes gooseneck lighting which is directed toward the sign and used to illuminate the sign face.
(199) SIGN, INTERIOR: Signs located within a structure not intended to be legible from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended to be legible from the exterior, shall be considered exterior signs.
(200) Reserved. (Ord. 6717. Passed 5-1-18.)
(200A) SIGN, MARQUEE: Any building sign painted, mounted, constructed or attached in any manner to a marquee.
(201) Reserved. (Ord. 6717. Passed 5-1-18.)
(201A) SIGN, NONCONFORMING: See: NON-CONFORMITY.
(201B) SIGN, OBSCENE: A sign which contains words or pictures in which the dominant theme, taken as a whole, appeals to the prurient interest in sex or is patently offensive because it affronts the contemporary community standard relating to the description or representation of sexual material which is without redeeming social value. Such signs may also convey visual information that may be prohibited under the obscenity statutes of the state.
(202) SIGN, OFF-PREMISES: A commercial sign advertising any business, profession, product, activity, commodity, or service which is not offered, sold, manufactured or furnished upon the premises where such sign is located.
(203) SIGN, ON-PREMISES: A commercial sign advertising any business, profession, product, activity, commodity, or service which is offered, sold, manufactured or furnished upon the premises where such sign is located.
(203A) SIGN, PERMANENT: A sign permitted by this Planning and Zoning Code to be located on a premise for an unlimited period of time subject to maintenance requirements. For temporary signs, see: SIGN, TEMPORARY.
(203B) SIGN, POLE: A sign independently supported by the ground that is mounted on a freestanding pole or poles so that the bottom edge of the sign is two feet or more above the adjacent grade and does not have the appearance of a solid continuous supporting foundation directly underneath the bottom edge of the sign face. Pole Signs are a subset of freestanding signs. See also: SIGN, FREESTANDING.
(204) Reserved. (Ord. 6717. Passed 5-1-18.)
(204A) SIGN, PORTABLE: Any sign not permanently attached to the ground or other permanent structure, or a sign designed to be transported from place to place, including, but not limited to, signs transported by means of wheels; sign walkers; A-Frame signs; balloons used as signs; umbrellas used for advertising; and signs attached to or painted on vehicles parked and visible from the public right-of-way, unless such vehicle is used in the normal day-to-day operation of the business.
(205) SIGN, PROJECTING: Any sign that is attached to or supported by a building or structure and extending perpendicular from said building or structure a distance of more than twelve inches.
(205A) SIGN, PUBLIC: Any sign required or specifically authorized for a public purpose by any law, statute, or ordinance which may be of any type, number, area, height above grade, location, illumination or animation, required by the law, statute, or ordinance under which the signs are erected. See also: SIGN, GOVERNMENT.
(205B) SIGN, PUBLIC ISSUE: A sign urging support for or against a particular public issue, political party or candidate for public office.
(206) Reserved. (Ord. 6717. Passed 5-1-18.)
(207) SIGN, ROOF: A sign erected upon or above a roof or parapet wall of a building or structure. Signs mounted to mansard roof shall not be considered “roof signs” for the purposes of this Planning and Zoning Code.
(207A) SIGN, SITE: A sign located on any parcel for which a building permit has been issued but which constructed related to such building permit is incomplete.
(207B) SIGN, SNIPE: Any sign that is posted on trees, landscaping, utility poles or structures, streetlights, fences, fire hydrants, bridges, curbs, sidewalks, park benches, streets, rights-of-way, or other locations on public property.
(208) SIGN STRUCTURE: The supports, uprights, bracing or framework for signs.
(209) Reserved. (Ord. 6717. Passed 5-1-18.)
(210) SIGN, TEMPORARY: A sign designed and intended for use for only a limited period of time.
(210A) SIGN, VEHICULAR: Any sign attached or applied to a vehicle of any type and used primarily to identify, advertise, or promote. Excluding any signs on vehicles normally and regularly used and operated in the course of business.
(210B) SIGN WALKER: An individual carrying a portable sign intended to convey a commercial message to vehicular or pedestrian traffic.
(211) SIGN, WALL: Any sign applied or attached to, painted onto, or carved into an exterior wall. Signs attached to, painted to, or applied to windows shall not be considered wall signs. See also: SIGN, WINDOW.
(212) Reserved. (Ord. 6717. Passed 5-1-18.)
(212A) SIGN, WINDBLOWN: Objects designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical, or any other means.
(212B) SIGN, WINDOW: Any sign in view of the general public appearing on a window surface. Window signs may be placed behind or on the outside surface of a window.
(213) Reserved. (Ord. 6717. Passed 5-1-18.)
(214) Reserved. (Ord. 6717. Passed 5-1-18.)
(214A) SIGN, YARD: A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.
(215) Reserved. (Ord. 5989. Passed 7-3-07.)
(216) Reserved. (Ord. 5989. Passed 7-3-07.)
(217) STABLE, COMMERCIAL: A building with more than four stalls of horses not owned by the owner of the stable.
(218) STABLE, LIVERY: A stable where horses and horse drawn vehicles are kept for hire.
(219) START OF CONSTRUCTION: The date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns or any work beyond the state of excavation or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling: nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure.
(220) STORY: That part of a building, except a mezzanine, included between the surface of one floor and the surface of the next floor or, if there is no floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than 50%, by cubic content, is below the height level of the adjoining ground.
(221) STORY, HALF: An uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven feet, six inches.
(222) STREET: A way for vehicular and/or pedestrian traffic, whether designated as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, lane, place, mall or otherwise.
(223) STREET, CENTERLINE OF: The true centerline of a dedicated public right-of-way as determined by the City Engineer. Where such public right-of-way is curved, offset or angular or where any other question arises, the City Engineer shall determine the alignment of the centerline.
(224) STREET RIGHT-OF-WAY: See RIGHT-OF-WAY.
(225) STREET WIDTH: The horizontal distance between right-of-way lines.
(226) STRUCTURAL ALTERATION: Any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
(227) STRUCTURE: Anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.
(227A) STRUCTURE, ACCESSORY: A structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
(227B) STRUCTURE, PRINCIPAL: A structure in which is conducted the main or principal use of the lot on which said building is situation, including areas such as garages, carports, storage sheds, etc., which are attached to or architecturally integrated with the principal structure.
(227C) STRUCTURE, RESIDENTIAL: A structure originally designed and built for the purpose of housing a residential use.
(228) SUBDIVISION: “Subdivision” shall be defined as follows:
A. The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership; provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open space for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (See SUBDIVISION, MINOR).
(229) SUBDIVISION, MINOR: A division of a parcel of land that has the following characteristics:
A. The land is located along an existing public road.
B. No opening, widening or extension of any road is involved.
C. No more than five lots (after the original tract is completely subdivided) are involved.
D. The request for division is not contrary to platting, subdividing or zoning regulations.
(230) SUBSTANTIAL IMPROVEMENT: Any repair, reconstruction or improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure either before the improvement or repair is started or, if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition, “substantial improvement” is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historical Places.
(231) SUPPLY YARD: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(232) SURVEYOR: Any person registered to practice surveying.
(233) SWIMMING POOL: Any structure intended for swimming or recreational bathing that contains water over 24 inches deep. This includes in-ground, above-ground, and on-ground swimming pools, hot tubs, and spas.
A. Private. Exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development or a community, the members and guests of a club or the patrons of a motel or hotel; an accessory use.
B. Community/public. Operated with a charge for admission; a primary use.
(233A) TATTOO PARLOR: An establishment whose primary business activity, either in terms of operation or as held out to the public, is the practice of one or more of the following:
A. Placing of designs, letters, figures, symbols, or other marks upon or under the skin of any person, using ink or other substances that result in the permanent coloration of the skin by means of the use of needles or other instruments designed to contact or puncture the skin;
B. Creation of an opening in the body of a person for the purpose of inserting jewelry or other decoration.
(234B) TECHNICAL REPAIR: The provision of repair services of a technical nature to individuals and households, rather than businesses, but excluding vehicle, construction equipment, industrial equipment, and heavy equipment repair. Typical uses include appliance repair shops, computer repair shops, watch or jewelry repair shops, or the repair of musical instruments.
(234A) TEMPORARY STORAGE UNIT: Any container, storage unit, shed-like container or other portable structure, other than a permanent accessory building or shed that can or is used for the storage of personal property of any kind and which is used on a limited basis and is located for such purposes outside an enclosed building. Freight containers, boxcars and similar containers are prohibited for use as a temporary storage unit.
(235) THOROUGHFARE, STREET OR ROAD: The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Arterial, principal. The principal arterial system involves major thoroughfares having 120 feet of right-of-way. It serves the major activity centers of the metro area and carries a high proportion of the total urban area travel on a minimum of mileage.
B. Arterial, minor. The minor arterial system involves major thoroughfares with ninety feet of right-of-way. Such facilities may carry local bus routes and provide intra-community continuity but usually do not penetrate identifiable neighborhoods.
C. Collector street. A major collector contains seventy feet of right-of- way while a minor collector contains sixty feet of right-of-way. Both primarily carry traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-sac. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
E. Dead-end street. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
F. Local street. The local street system comprises all facilities not on one of the higher systems. It serves primarily to provide direct access to abutting land and access to the high order systems. Service to through traffic movement usually is deliberately discouraged.
G. Loop street. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
H. Marginal access street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets (also called frontage street).
(236) TOWNHOUSE: See ROW HOUSE.
(237) TRAILER PARK: See MOBILE HOME PARK.
(238) TRASH COLLECTION FACILITY: A trash collection facility shall include a large container such as a dumpster or a small container such as a garbage can, bag or other similar container, which is used for the collection of waste and debris of its user(s).
(238A) TREE: Any self-supporting woody plant that usually produces on main trunk, and a more or less distinct and elevated head with many branches (crown).
(238B) TREE, GROUP A: A deciduous tree with a minimum mature height of thirty-five feet and a minimum mature crown spread of between twenty feet and thirty- five feet. Such trees shall be planted with a minimum two inch caliper for single-trunk trees or minimum height of twelve feet for multi-trunk trees.
(238C) TREE, GROUP B: A deciduous tree with a minimum mature height of twenty feet and a minimum mature crown spread of between fifteen feet and twenty feet. Such trees shall be planted with a minimum two inch caliper for single-trunk trees or minimum height of eight feet for multi-trunk trees.
(238D) TREE, GROUP C: An evergreen tree with a minimum mature height of twenty-five feet and mature crown spread of fifteen feet. Such trees shall be planted with a minimum height of six feet.
(238E) TREE CROWN: The upper mass or head of a tree.
(239) UNENCLOSED: May be roofed, but may not be enclosed on more than two sides by walls, fences, lattice or similar features. See also: ENCLOSED.
(240) USE: The specific purposes for which land or a building is designated, arranged or intended, or for which it is or may be occupied or maintained.
(241) USE, ACCESSORY (MAJOR): An accessory use that, because of its size, appearance, location or intensity of activity, may have an impact on adjacent property. Accessory uses and buildings may only be erected upon a lot on which a principal structure and/or use already exists. The use of the accessory building must be secondary and incidental to the principal use. The Development Department and Planning Commission shall determine if the accessory use is a major or minor accessory use.
(241A) USE, ACCESSORY (MINOR): An accessory use that because of its size, appearance, location or intensity of activity, will not have significant impact on adjacent property. Accessory uses and buildings may only be erected upon a lot on which a principal structure and/or use already exists. The use of the accessory building must be secondary and incidental to the principal use. The Development Department and Planning Commission shall determine if the accessory use is a major or minor accessory use.
(242) USE, BY RIGHT: Any use listed as a "generally permitted" use or others which are found by the Board of Zoning Appeals to meet the intent of this Zoning Code and subject to the restrictions applicable to the zoning district and use.
(242A) USE, CONDITIONAL: See: USE, SPECIAL.
(242B) USE, MIXED: More than one principal use on a given lot. Mixed uses often involve mixing types of uses, such as residential units above commercial or office spaces, but can also include mixing commercial uses with light industrial uses.
(243) Reserved. (Ord. 6717. Passed 5-1-18.)
(243A) USE, PRINCIPAL: The primary and predominant use of any lot or structure.
(243B) USE, PUBLIC: Public parks, schools and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(243C) USE, QUASIPUBLIC: Churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, charitable, philanthropic or nonprofit nature.
(244) USE, SPECIAL: A use permitted within a district other than a use by right, requiring specific approval of the Planning Commission following its review of the proposed plan. Special uses are commonly known as "conditional uses" in other jurisdictions.
(244A) USE, TEMPORARY: A use permitted by the Board of Zoning and Housing Appeals to exist during periods of construction of the main building or use or for special events.
(245) USEABLE FLOOR AREA: For the purposes of computing parking, that area used for or intended to be used for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of “useable floor area.” Measurement of floor area shall be the sum of the gross horizontal area of the several floors of the building, measured from the interior faces of the exterior walls.
(246) VARIANCE: A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest 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.
(246A) VEHICLE INVENTORY LOT: A parking area associated with and on the same premise as a vehicle sales or rental establishment that is used solely for the storage of vehicles that are inventory for the sales or rental establishment and is clearly delineated from any customer or employee parking areas. Such parking area may have parking spaces and drive aisles smaller than otherwise required, and the parking and maneuvering of vehicles within the vehicle inventory lot is performed by employees of the vehicle sales or rental establishment.
(247) VETERINARY ANIMAL HOSPITAL OR CLINIC: A place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. Animal hospitals or clinics may include grooming or kennel components as accessory uses provided that such uses are permitted in the applicable district as a principal use.
(248) VICINITY MAP: A drawing located on a plat which sets forth by dimensions or other means the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(249) WALKWAY: A public way which is four feet or more in width for pedestrian use only, whether along the side of a road or not.
(250) WAREHOUSE: A completely enclosed facility for the storage and distribution of property without sales to the public. Such uses may be engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. See also: SELF & MINI STORAGE.
(251) WHOLESALE: Sale for resale, not for direct consumption.
(251A) WORKMANLIKE: Executed in a skilled manner, meaning, generally plumb, level, square, in line, undamaged and without marring adjacent work. In general, to be workmanlike, original construction, maintenance or repair work must be performed in a manner consistent with work done by a skilled craftsman.
(252) WRECKING YARD: See SALVAGE YARD.
(253) YARD: A required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, except as modified by Section 1289.06, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
A. Front yard. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. Rear yard. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. Side yard. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(253A) YARD OF A GENERAL CONTRACTOR:
A. An outdoor space used primarily for the storage of trailers, equipment, vehicles, machinery, building materials, construction materials, landscape materials, or components by the owner or occupant of a premises in the conduct of building trade, building craft, or landscaping. A contractor’s storage yard may also include a contractor’s office or contractor’s shop.
B. The accessory keeping of fleet vehicles that are used on a weekly or daily basis in a screened area in the rear or side yard of a property containing a contractor’s shop shall not be considered a yard of a general contractor for zoning purposes.
(254) ZONE DISTRICT: See DISTRICT.
(255) ZONING CODE: Ordinance 2712, passed August 1, 1978, as amended, codified as Title Six of Part Twelve of these Codified Ordinances.
(Ord. 2712. Passed 8-1-78; Ord. 3033. Passed 8-19-80; Ord. 3374. Passed 4-5-83; Ord. 3475. Passed 4-3-84; Ord. 4038. Passed 5-3-88; Ord. 4189. Passed 4-18-89; Ord. 4771. Passed 6-21-94; Ord. 4820. Passed 11-1-94; Ord. 4911. Passed 10-17-95; Ord. 5194. Passed 1-20-98; Ord. 5633. Passed 10-22-02; Ord. 6183. Passed 6-1-10; Ord. 5989. Passed 7-3-07; Ord. 6252. Passed 6-7-11; Ord. 6333. Passed 8-21-12; Ord. 6575. Passed 3-15-16; Ord. 6578. Passed 3-15-16; Ord. 6601. Passed 8-16-16; Ord. 6625. Passed 1-17-17; Ord. 6626. Passed 1-17-17; Ord. 6698. Passed 1-16-18; Ord. 6699. Passed 1-16-18; Ord. 6717. Passed 5-1- 18; Ord. 6754. Passed 1-15-19; Ord. 6758. Passed 1-15-19; Ord. 6773. Passed 4-2-19; Ord. 6774. Passed 4-2-19; Ord. 6869. Passed 2-16-21.)