For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. The word “shall” is intended to be mandatory; “occupied” or “used” shall be considered as though followed by the words “or intended, arranged or designed to be used or occupied”. Except where specifically defined, all words used it this chapter shall carry their customary meanings.
ABANDONED JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements:
(1) Left on private property for more than 72 hours or on a public street or other property open to the public for purposes of vehicular travel or parking for more than 72 hours, or upon or within the right-of-way of any road or highway for more than 72 hours; and
(2) Meeting the requirements of JUNK MOTOR VEHICLE, as herein defined.
ABANDONED MOTOR VEHICLE. Any motor vehicle which is dismantled, inoperable, unlicensed, parked, stored or left on any lots or lands in the municipality for a period not to exceed 72 hours except in a duly licensed junkyard, automobile salvage yard, motor vehicle salvage dealer’s yard or towing service yard.
ABANDONMENT. To cease or discontinue a use or activity without intent to resume, but excluding temporary or short-term interruptions to a use or activity during periods of remodeling, maintaining or otherwise improving or rearranging a facility or during nominal periods of vacation or seasonal closure.
ABUTTING. Having a common border with, or being separated from such a common border by, a right-of-way, alley or easement.
ACCESSORY APARTMENT. A separate and complete dwelling unit that is contained within the structure of a single-family dwelling unit.
ACCESSORY STRUCTURE. A subordinate structure detached from but located on the same lot as the principal structure, the use of which is incidental and accessory to that of the principal structure.
ACCESSORY USE. A use incidental to, and on the same lot as a principal use.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, as herein defined.
ADULT BOOKSTORE or ADULT VIDEO STORE. A commercial establishment which, as one of its principal business purposes, offers for sale or rent for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations which depict or describe “specified sexual activities” or “specified anatomical areas”; or
(2) Instruments, devices or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with “specified sexual activities”.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity;
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion picture, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT FAMILY HOME. A residence or facility that provides accommodations and supervision to three to five unrelated adults, at least three of whom require personal care services and are licensed under provisions of R.C. Chapter 5119 and O.A.C. Chapter 5122.
ADULT GROUP HOME. A residence or facility that provides accommodations and supervision to six to 16 unrelated adults, at least three of whom require personal care services and are licensed under provisions of R.C. Chapter 5119 and O.A.C. Chapter 5122.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas”.
AGRICULTURE. The use of land for agricultural purposes, such as farming, dairying, pasturage agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory used for packing, treating or storing the produce; however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities.
AGRICULTURE SERVICES. Any elevators, sawmills, feed mills, farm implement sales and services and other agriculture retail and wholesale supply establishments. Veterinarians, veterinarian clinics and other professional AGRICULTURAL SERVICES are included.
ALLEY. A public or private way permanently reserved as a secondary means of access to abutting property whether improved or not.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building or structure, such as bearing walls, columns, beams or girders; provided, however, that the application of any exterior siding to an existing building for the purpose of beautifying and modernizing shall not be considered a structural alteration.
ALTERATION. Any change, addition or modification in construction or occupancy of an existing structure.
AMUSEMENT ARCADE. Any place of business where one or more skill-based amusement machines are located for the use of entertainment or persons patronizing the place of business.
APARTMENT. See DWELLING, MULTI-FAMILY.
AUTOMOBILE SALVAGE YARD. A place of business which is maintained, used or operated for the sole purpose of storing, keeping, buying or selling wrecked or scrapped, ruined or dismantled motor vehicles or motor vehicle parts. It does not include an automobile body shop or an automobile service station.
BASEMENT. The portion of a building that is partly or completely below grade. A BASEMENT shall be counted as a story where more than one-half its height is above the average level of the adjoining ground.
BED AND BREAKFAST. A house, or portion thereof, where short-term lodging rooms and meals are provided.
BEDROOM. Any room used principally for sleeping purposes, provided that no room having less than 70 square feet of floor area shall be considered a bedroom.
BOARD. The Board of Zoning Appeals of the city.
BOARDING HOUSE. A building arranged or used for lodging for compensation, with or without meals, and not occupied as a single-family unit.
BUILDING LINE. The line, parallel to the street line, which passes through the point of the principal building nearest the front lot line.
BUILDING HEIGHT. The vertical distance to the highest point of the roof for flat roofs; to the deck line of mansard roofs and to the maximum height of any segment of a hip, gable or gambrel roof, as measured from the average surrounding grade elevation.
BUILDING. A structure having a roof supported by columns or walls, used, or intended to be used, for the shelter or enclosure of persons, animals or chattels. When separated by division walls from the ground up without openings, each portion of such building shall be deemed a separate BUILDING.
CEMETERY. Land used or intended to be used for the burial of the dead and dedicated for cemetery purposes, including crematories, mausoleums and mortuaries when operated in conjunction with and within the boundaries of such CEMETERY.
CHILD DAY CAMP. A program in which only school children attend or participate, that operates for no more than seven hours per day, that operates only during one or more public school district’s regular vacation periods or for no more than 15 weeks during the summer and that operates outdoor activities for each child who attends or participates in the program for a minimum of 50% of each day that children attend or participate in the program, except for any day when hazardous weather conditions prevent the program from operating outdoor activities for a minimum of 50% of that day. For purposes of this definition, the maximum seven hours of operation time does not include transportation time from a child’s home to a CHILD DAY CAMP and from a CHILD DAY CAMP to a child’s home.
CHILD DAY-CARE CENTER. A place in which child care or publicly funded child care is provided for 13 or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven to 12 children at one time. In counting children for purposes of this definition, any children under six years of age who are related to the licensee, administrator or employee and who are on the premises of the center shall be counted.
CHURCH or PLACE OF RELIGIOUS WORSHIP. An institution that people regularly attend to participate in or hold religious services, meetings and other religious related activities. The term CHURCH shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.
CLINIC. A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
CLUB. Buildings or facilities owned or operated by a corporation, association or persons for a social, educational or recreational purpose; but not primarily for profit or to render a service that is customarily carried on as a business. This does not include student-related organizations.
COLLECTOR’S VEHICLE. Any motor vehicle or agricultural tractor or traction engine that is of special interest; that has a fair market value of $100 or more, whether operable or not; and that is owned, operated, collected, preserved, restored, maintained or used essentially as a collector’s item, leisure pursuit or investment, but not as the owner’s principal means of transportation.
COMMERCIAL RECREATIONAL FACILITIES. Recreational facilities open to the public, established and operated for a profit such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks, riding stables, race tracks, carnivals, boat docks and launching ramps, fishing piers and similar commercial enterprises.
COMMERCIAL TRACTOR. Any motor vehicle that has motive power and either is designed or used for drawing other motor vehicles, or is designed or used for drawing another motor vehicle while carrying a portion of the other motor vehicle or its load, or both.
COMMERCIAL VEHICLE. Any car, truck or motor vehicle that has motor power and is designed and used for carrying merchandise or freight, or that is used as a commercial tractor.
COMMISSION. The Planning Commission of the City of Nelsonville.
COMMUNITY CENTER. A place, structure, area or other facility used for and providing religious, fraternal, social and/or recreational programs generally open to the public and designed to accommodate and serve significant segments of the community.
COMMUNITY RESIDENTIAL FACILITY. A halfway house or community residential center which provides resident services to a group of individuals where the facility is licensed with the Division of Parole and Community Services of the Department of Rehabilitation and Corrections state parole authority, pursuant to R.C. Chapters 2967 and 5120.
COMPREHENSIVE PLAN. The long-range plan and any updates thereto, describing the desirable use of land as adopted by the Planning Commission and the City Council; the purpose of such plan being, among other purposes, to serve as a guide in future development and zoning for the municipality.
CONDITIONAL USE. A use that, owing to some special characteristics attendant to its operation or installation (for example, potential danger, smoke or noise), is permitted in a district subject to approval by the Board of Zoning Appeals, and subject requirements, different from those usual requirements for the district in which the CONDITIONAL USE may be located.
CONDOMINIUM.
(1) An estate in real property consisting of an undivided interest in common with other purchasers in a portion of a parcel of real property, together with a separate interest in space in a residential building, such as an apartment.
(2) A CONDOMINIUM may include, in addition, a separate interest in other portions of such real property.
CONVENIENCE BUSINESS or SERVICE ESTABLISHMENT. Any convenience business or service establishment supplying commodities or performing services for the public, subject to the general condition that all businesses, services or processing shall be conducted wholly within a completely enclosed building.
COUNCIL. The City Council of the City of Nelsonville.
CUL-DE-SAC. A local street, one end of which is closed and includes a circular turn around.
DENSITY. The number of dwelling units per net acre or lot of land (excluding any public right-of-way).
DEVELOPMENT. All structures and other modifications of the natural landscape, above and below ground or water, on a particular site.
DISTRICT or ZONING DISTRICT. The administrative tracts designating the uses for which land can be legally utilized. Boundaries of the DISTRICTS are shown on the zoning map, which is part of this chapter.
DORMITORY. A building used as group living quarters for a student body, religious order or other group as an associated use to a college, university, boarding school, orphanage, convent, monastery, farm labor camp or other similar use. DORMITORIES do not include kitchen facilities, except a group kitchen facility to serve all residents.
DOWNTOWN COMMERCIAL. The retail and service establishments catering to the city’s residents and workers daily needs for goods and services, including business, retail, professional, personal and travel services.
DRIVE-IN FACILITY. An establishment that, by design of physical facilities or by service or packaging procedures, encourages or permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or to be entertained while remaining in an automobile.
DRY CLEANER. A business that accepts garments to be cleaned laundered and/or pressed by an employee of such business.
DWELLING. A building or portion thereof used exclusively for residential purposes, including one-family and multiple-family dwellings. The term DWELLING shall include those involving industrialized units, mobile homes and manufactured homes, but not recreational vehicles, hotels, motels and other temporary housing.
DWELLING UNIT. One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.
DWELLING, MULTI-FAMILY. A building or dwelling unit, or portion thereof, designed for or used by more than one family unit.
EASEMENT. The right of a person, government agency or public utility company to use public or private land owned by another for a specific purpose.
ERECT. To build, construct, attach, hang, place, suspend or affix, and shall also include the painting of signs on walls.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by public utilities, the city or other governmental agencies, of underground gas, electrical or water transmission or distribution systems, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities, city or other governmental agencies for the public health, safety or general welfare.
FACADE. The exterior wall of a building exposed to public view or that wall viewed by persons not within the building.
FAIR MARKET VALUE. The price at which a property would change hands in an open market between a willing buyer and a willing seller, neither being under any compulsion to buy or sell and both having knowledge of the relative facts concerning the condition and location of the property and recent comparable sales.
FAMILY. An individual or two or more persons related by blood, marriage or adoption, living together as a single housekeeping unit. A GROUP FAMILY is not permitted the keeping of any roomers in R-1 or R-2 zones.
FAMILY HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least six but not more than eight developmentally disabled persons pursuant to R.C. Chapters 5119 and 5123.
FENCE. Any artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FIFTH WHEEL TRAILER. A vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of 400 square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.
FLOODPLAIN. Any land area designated as being susceptible to flooding according to maps and information provided by the Federal Emergency Management Agency.
FOLDING-TENT TRAILER. A canvas folding structure, mounted on wheels and designed for travel and vacation uses.
FOSTER FAMILY HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for not more than five developmentally disabled persons pursuant to R.C. Chapters 5119 and 5123.
FOSTER HOME. A private residence in which children are received apart from their parents, guardian or legal custodian by an individual reimbursed for providing the children non-secure care, supervision or training 24 hours a day. FOSTER HOME does not include care provided for a child in the home of a person other than the child’s parent, guardian or legal custodian while the parent, guardian or legal custodian is temporarily away. FAMILY FOSTER HOMES, SPECIALIZED FOSTER HOMES and TREATMENT FOSTER HOME, as defined in R.C. Chapter 5103, are types of FOSTER HOMES.
FRONTAGE. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot, but it shall not be considered as the ordinary side line of a corner lot.
FUNERAL HOME. A building or part there of used for human funeral services. Such building may contain space and facilities for:
(1) Embalming and the performance of other services used in preparation of the dead for burial;
(2) The performance of autopsies and other surgical procedures; and/or
(3) The storage of caskets, funeral urns and other related funeral supplies including the storage of funeral vehicles, but shall not include facilities for cremation. Where a FUNERAL HOME is permitted, a funeral chapel shall also be permitted.
GARAGE, PRIVATE. A building for the private use of the owner or occupant of a principal building situated on the same lot of the principal building for the storage of motor vehicles with no facilities for mechanical service or repair of a commercial or public nature.
GARAGE, REPAIR. A building designed and used for the storage, care, repair or refinishing of motor vehicles, including both minor and major mechanical overhauling, paint and body work. Also see SERVICE STATION.
GRADE. The lowest point of elevation of the finished surface of the ground, paving or sidewalk within the area between the building and the property line, or when the property line is more than five feet from the building, between the building and a line five feet from the building.
GROSS FLOOR AREA. The sum of the areas of the several floors of a building, including areas used for human occupancy in basements, attics and penthouses, as measured from the exterior faces of the walls. It does not include cellars, open porches or attics not used for human occupancy, or any floor space in accessory buildings or in the main building intended and designed for the parking of motor vehicles in order to meet the parking requirements of this bylaw, or any such floor space intended and designed for accessory heating and ventilating equipment. It shall include the horizontal area at each floor level devoted to stairwells and elevator shafts.
GROSS LEASABLE AREA. The total floor area designed for tenant occupancy and exclusive use, including basements, mezzanines and upper floors, if any, expressed in square feet and measured from the center line of joint partitions and from outside wall faces.
GROUP FAMILY. Not more than three persons, any one of which is not related by blood, marriage or adoption to another, living together as a housekeeping unit.
GROUP HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least nine but not more than 16 developmentally disabled persons, pursuant to R.C. Chapters 5119 and 5123.
HAZARDOUS SUBSTANCES. Any substances or materials that, by reason of their toxic, caustic, corrosive, abrasive or otherwise injurious properties, may be detrimental or deleterious to the health of any person handling or otherwise coming into contact with such material or substance.
HEALTH/RECREATION FACILITY. An indoor facility, including uses such as game courts, exercise equipment, locker rooms, jacuzzis and/or sauna and pro shop.
HISTORIC DISTRICT. An area of the city designated in 1996 by the National Register of Historic Places as District #96000672 and thereby having historic architectural, engineering, commerce, community or event significance.
HOME OCCUPATION. A non-transferable approval issued to a resident of a specific property for accessory use of a principal dwelling unit or attached or detached accessory structure to conduct an activity, profession, occupation, service, craft or revenue-enhancing activity clearly subordinate and incidental to use of the dwelling for residential purposes.
HOME OCCUPATION, ADMINISTRATIVE. A home occupation permitted by the Zoning Officer which has no clients coming to the dwelling, except as otherwise permitted by this chapter, has no visible exterior evidence of the occupation, does not create a need for additional parking, does not create additional traffic and which does not alter or impact the general character and nature of the premises or the surrounding neighborhood.
HOME OCCUPATION, CONDITIONAL. A home occupation permitted by the Board of Zoning Appeals which does not meet the definition and criteria of an administrative home occupation, allows clients or customers to come to the dwelling and requires that both the dwelling and home occupation parking needs be met on-site.
HOSPITAL. An institution specializing in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by state law to provide facilities and services in surgery, obstetrics and general medical practice.
HOTEL. A facility offering transient lodging accommodations on a daily rate to the general public and possibly providing additional services, such as restaurants, meeting rooms and recreational facilities. Also see MOTEL.
IMPERVIOUS SURFACE. Any material that substantially reduces or prevents the infiltration of storm water into previously undeveloped land. IMPERVIOUS SURFACES shall not include graveled driveways or parking areas.
HISTORICAL MOTOR VEHICLE. Any motor vehicle that is over 25 years old and is owned solely as a collector’s item and for participation in club activities, exhibitions, tours, parades and similar uses, but that in no event is used for general transportation.
INDUSTRIALIZED UNIT. A building unit or assembly of closed construction fabricated in an off-site facility that is substantially self-sufficient as a unit or part of a greater structure and that requires transportation to the site of intended use. INDUSTRIALIZED UNIT includes units installed on the site as independent units, as part of a group of units or incorporated with standard construction methods to form a completed structural entity. INDUSTRIALIZED UNIT does not include a mobile home or manufactured home as herein defined. See R.C. § 3781.06(C)(3).
INOPERABLE MOTOR VEHICLE. Any motor vehicle, including a licensed collector’s vehicle or licensed historical vehicle, which, for a period of 30 days or more, remains in either of the following conditions:
(1) Does not display a valid registration sticker or license plate; or
(2) Are wrecked, partially wrecked, dismantled, partially dismantled, discarded or incapable of operation under their own power.
(a) DISMANTLED or PARTIALLY DISMANTLED. Any motor vehicle from which some parts have been removed or are missing.
(b) INCAPABLE OF OPERATION. Any motor vehicle which is unable or apparently unable to move under its own power.
JUNK MOTOR VEHICLE. Any motor vehicle meeting all of the following requirements:
(1) Three years old or older;
(2) Extensively damaged, such damage including, but not limited to, any of the following:
(a) A broken window or windshield;
(b) Missing tire(s);
(c) Wheel(s);
(d) Motor; or
(e) Transmission.
(3) Apparently inoperable; and
(4) Having a fair market value of $1,500 or less.
JUNKYARD. An establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling junk. For the purpose of this chapter, the term JUNKYARD shall also include scrap metal processing facilities.
KENNEL. An establishment licensed to operate a facility housing dogs, cats or other household pets and where grooming, breeding, boarding, training or selling of animals is conducted as a business.
LANDFILL. A disposal site employing an engineering method of disposing of solid wastes in a manner that minimizes environmental hazards by spreading, compacting to the smallest volume and applying cover material over all exposed waste at the end of each operating day.
LAUNDRY, SELF-SERVICE. A business that provides home-type washing, drying and/or ironing machines for hire on the premises to be used by customers.
LICENSED COLLECTOR’S VEHICLE. A collector’s vehicle, other than an agricultural tractor or traction engine that displays current, valid license tags issued under R.C. § 4503.45, or a similar type of motor vehicle that displays current, valid license tags issued under substantially equivalent provisions in the laws of other states.
LICENSED HISTORICAL VEHICLE. A historical vehicle that displays current, valid license tags issued under R.C. § 4503.181.
LOT. A parcel of land intended to be separately owned, developed and otherwise used as a unit.
LOT, CORNER. A lot abutting on and at the intersection of two or more streets.
LOT, INTERIOR. A lot other than a corner lot.
LOT AREA. The area of horizontal plane bounded by the vertical planes through front, side and rear lot lines.
LOT COVERAGE. Determined by dividing all area of a lot that is occupied or covered by the total horizontal projected surface of all buildings, including covered porches and accessory buildings, by the gross area of that lot.
LOT DEPTH. The average horizontal distance between the front and rear lot lines.
LOT LINE. A line dividing one lot from another lot or from a street or alley.
LOT LINE, FRONT. The side of a lot abutting on a street or way and ordinarily regarded as the front of the lot.
LOT LINE, REAR. The lot line not intersecting a front lot line that is most distant from and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a rear lot line.
LOT LINE, SIDE. Any lot lines not a front or rear lot line.
LOT OF RECORD. A lot whose existence, location and dimensions have been legally recorded or registered in a deed or on a plat.
LOT WIDTH. The horizontal distance between side lot lines measured at the required front setback line.
MANUFACTURED HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development, pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, 42 U.S.C. §§ 5401, 5403, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
MANUFACTURED HOME PARK. Any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of the park. See O.A.C. § 4781-12-01(K).
MINERAL EXTRACTION, STORAGE AND PROCESSING. Any mining, quarrying or processing of limestone, sand, gravel, oil, natural gas or other mineral resources.
MINI-WAREHOUSE. See SELF-SERVICE STORAGE FACILITY.
MOBILE HOME. A building unit or assembly of closed construction that is fabricated in an off-site facility; is more than 35 feet in length or, when erected on site, is 320 or more square feet; is built on a permanent chassis; is transportable in one or more sections; and does not qualify as an industrialized unit or manufactured home, as herein defined.
MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for motor vehicle transient guests and having a parking space next to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a MOTEL. Also see HOTEL.
MOTOR VEHICLE SALVAGE DEALER. Any person who engages in business primarily for the purpose of selling salvage motor vehicle parts and secondarily for the purpose of selling at retail salvage motor vehicles or manufacturing or selling a product of gradable scrap metal.
MOTOR HOME. A self-propelled recreational vehicle that has no fifth wheel and is constructed with permanently installed facilities for cold storage, cooking and consuming of food and for sleeping.
NEIGHBORHOOD BUSINESS. Any convenience business or service establishment supplying commodities or performing services primarily for residents of the neighborhood, subject to the general condition that all business, services or processing shall be conducted wholly within a completely enclosed building.
NON-COMMERCIAL RECREATIONAL FACILITIES. A private or semi-public recreational facilities which is not operated for commercial gain, including private country clubs, riding clubs, golf courses, game preserves, ski slopes, hunting and trapping and other private non-commercial recreation areas and facilities or recreation centers, including private community swimming pools. NON-COMMERCIAL RECREATIONAL FACILITIES may be leased to outside groups or organizations provided the fee for such purposes is limited to incidental maintenance and custodial expenses.
NON-CONFORMING USE. A lawful use of land existing prior to the enactment of this chapter or relevant amendments thereto that does not comply with the adopted use regulations for its zoning district.
NON-CONFORMING LOT. A lot of record existing prior to the enactment of this chapter or relevant amendments thereto that does not meet the current requirements of this chapter due to size, lot dimension or area requirement.
NON-CONFORMING BUILDING. Any building existing prior to the enactment of this chapter or relevant amendments thereto that does not meet the limitations on building size and location on a lot, for the district in which such building is located, for the use to which such building is being utilized.
NUDE MODEL STUDIO. Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided solely to be sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons.
NUDITY or STATE OF NUDITY. Means:
(1) The appearance of human bare buttocks, anus, genitals or areola of the female breast; or
(2) A state of dress which fails to cover opaquely a human buttocks, anus, genitals or areola of the female breast.
OFFICE. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations.
OFFICE PARK. A large tract of land that has been planned, developed and operated as an integrated facility for a number of separate office buildings and supporting ancillary uses with special attention given to circulation, parking, utility needs, aesthetics and compatibility.
OPEN SPACE. An area that is intended to provide light and air, and is designed for environmental, scenic or recreational purposes. OPEN SPACE may include, but is not limited to, lawns, decorative planting, walkways, active and passive recreation areas, playgrounds, fountains, swimming pools, wooded areas and watercourses. OPEN SPACE shall not be deemed to include driveways, parking lots or other surfaces designed or intended for vehicular travel.
OUTDOOR STORAGE. The keeping, in an un-roofed area, of any goods, junk, material, merchandise or vehicles in the same place for more than 72 hours.
PARCEL. A continuous quantity of land in the possession of or owned by, or recorded as the property of, the same person or persons.
PARK TRAILER. A vehicle that is commonly known as a park model recreational vehicle, meets the American National Standard Institute Standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of 400 square feet or less when set up, is designed for seasonal or temporary living quarters and may be connected to utilities necessary for the operation of installed features and appliances.
PARKING SPACE. An area on a lot and/or within a building intended for the use of temporary parking of a personal vehicle. This is used interchangeably with PARKING STALL.
(1) Each PARKING SPACE must have a means of access to a public street. Tandem parking stalls in single-family detached, single-family attached and townhouse residential uses shall be considered to have a means of access to a public street.
(2) A PARKING SPACE shall have a permanently hard surfaced area of not less than nine feet by 20 feet, either within a structure or in the open, exclusive of access drives, and located upon the lot for which the parking exists.
PARKING LOT. An area not within a building where motor vehicles may be stored for the purposes of temporary, daily or overnight of street parking. Also see GARAGE, PUBLIC.
PERMANENT FOUNDATION. A permanent masonry, concrete or footing or foundation approved by the manufactured homes commission pursuant to R.C. Chapter 4781 to which a residential dwelling, industrialized unit, manufactured home or mobile home may be affixed.
PERMANENTLY SITED MANUFACTURED HOME. A manufactured home that meets the following criteria:
(1) The structure is affixed to a permanent foundation and is connected to appropriate facilities;
(2) The structure, excluding any additions, has a width of at least 22 feet at one point, a length of at least 22 feet at one point and a total living area, excluding garages, porches or attachments, of at least 900 square feet;
(3) The structure has a minimum 3:12 residential roof pitch, conventional residential siding and a six-inch minimum eave overhang, including appropriate guttering;
(4) The structure was manufactured after January 1, 1995; and
(5) Structure is not located in a manufactured home park or mobile home residential district, as herein defined.
PLANT NURSERY. The cultivation of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside or within greenhouses for sale or for transplanting.
PRINCIPAL USE. The main use of land for structures, as distinguished from a secondary or accessory use.
PRINCIPAL BUILDING. A building in which the primary use of the lot on which the building is located is conducted.
PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage 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.
PUBLIC PARKS, PLAYGROUNDS or PLAYING FIELDS. Public land which has been designated for park or recreational activities, including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian bicycle paths, open space, wilderness areas or similar public land within the city which is under the control, operation or management of the city, county or state.
RECREATIONAL VEHICLE. A boat, boat trailer, fifth wheel trailer, motor home, park trailer, tent-type fold-out camping trailer, travel trailer, truck camper, watercraft or related equipment.
RECREATIONAL VEHICLE (RV) PARK. A lot of land upon which two or more recreational vehicle sites are located, established or maintained for occupancy by recreational vehicles of the general public as temporary living quarters for recreation or vacation purposes.
RESTAURANT. An establishment that serves food and beverages primarily to persons seated within the building. This includes cafés, tea rooms and outdoor cafés.
RIGHT-OF-WAY. An area or strip of land, either public or private, on which an irrevocable right-of- passage has been recorded for the use of vehicles or pedestrians or both.
ROAD, PRIVATE. A way open to vehicular ingress and egress established as a separate tract for the benefit of certain adjacent properties. This definition shall not apply to driveways.
ROAD, PUBLIC. All public property reserved or dedicated for street traffic.
ROOMING HOUSE. A building that is the primary residence of the owner and in which rooms are provided, for compensation, to three or more adult persons not related by blood, marriage or adoption to the owner. Also see BOARDING HOUSE.
SCHOOL. Any public or private educational facility, including, but not limited to, child day-care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools and special education schools.
SCRAP METAL PROCESSING FACILITY. An establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for re-melting purposes.
SELF-SERVICE STORAGE FACILITY. A building consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods or contractors supplies.
SEMI-TRAILER. Any vehicle of the trailer type that does not have motive power and is so designed or used with another and separate motor vehicle that in operation a part of its own weight or that of its load, or both, rests upon and is carried by the other vehicle furnishing the motive power for propelling itself and the vehicle referred to in this division, and includes, for the purpose only of registration and taxation under those chapters, any vehicle of the dolly type, such as a trailer dolly, that is designed or used for the conversion of a SEMI-TRAILER into a trailer.
SERVICE STATION.
(1) Any premises where gasoline and other petroleum products are sold and/or light maintenance activities such as engine tune-ups, lubrication, minor repairs and carburetor cleaning are conducted.
(2) SERVICE STATION shall not include premises where heavy automobile maintenance activities such as engine overhauls, automobile painting and body fender work are conducted. Also see GARAGE, REPAIR.
SETBACK. The required minimum horizontal distance between the building line and the related front, side or rear property line.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater. SEXUALLY ORIENTED BUSINESS does not include a nude model studio.
SITE PLAN. A plan, prepared to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
SKILL-BASED AMUSEMENT MACHINE. Any mechanical, video, digital or electronic device, as defined in R.C. § 2915.01(UU)(1).
SPECIFIED ANATOMICAL AREAS. Human genitals.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy; and/or
(3) Masturbation, actual or simulated.
STORY. The portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor above it, the space between such floor and the ceiling above it.
STREET. A public or private thoroughfare used, or intended to be used, for passage or travel by motor vehicles.
SUPPORTED LIVING HOME. A residential facility for a developmentally disabled person where, according to the person’s individual habilitation plan, the person demonstrates skills that would enable the person to function for specified periods of time without supervision. Such skills include, but are not limited to, home management, community mobility, personal hygiene, interpersonal relationship skills and self-preservation, pursuant to R.C. Chapters 5123 and 5126.
TEMPORARY BUILDING. A structure erected to provide shelter for a use which is temporary in nature.
TENT-TYPE FOLD-OUT CAMPING TRAILER. Any vehicle intended to be used, when stationary, as a temporary shelter with living and sleeping facilities, and that is subject to the following properties and limitations.
(1) A minimum of 25% of the fold-out portion of the top and sidewalls combined must be constructed of canvas, vinyl or other fabric, and form an integral part of the shelter.
(2) When folded, the unit must not exceed:
(a) Fifteen feet in length, exclusive of bumper and tongue;
(b) Sixty inches in height from the point of contact with the ground;
(c) Eight feet in width; and
(d) One ton gross weight at time of sale.
TRAILER. Any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle that is formed by or operated as a combination of a semi-trailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a public road or highway at a speed greater than 25 mph, and a vehicle that is designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of more than ten miles or at a speed of more than 25 mph. TRAILER does not include a manufactured home or travel trailer.
TRAVEL TRAILER. A non-self-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site.
TRUCK CAMPER. A non-self-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling them to be used as a dwelling.
TYPE A FAMILY DAY-CARE HOME or TYPE A HOME. The permanent residence of the administrator in which child care or publicly funded child care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and are on the premises of a TYPE A HOME shall be counted. TYPE A FAMILY DAY-CARE HOME and TYPE A HOME do not include any child day camp.
TYPE B FAMILY DAY-CARE HOME or TYPE B HOME. The permanent residence of the provider in which child care is provided for one to six children at any one time in which no more than three children are under two years of age. For purposes of determining group size in a TYPE B HOME, children under six years of age who are related to the provider who are on the premises shall be counted; children six years of age or older who are related to the provider who are not publicly or privately funded and who are on the premises shall not be included in the count; and children provided publicly or privately funded care who are related to each other shall be counted. TYPE B HOMES which are not certified by the Director of the County Job and Family Services shall also be included in this definition and afforded all the rights and privileges of R.C.§ 5104.054 related to zoning regulations. TYPE B FAMILY DAY-CARE HOMES and TYPE B HOMES do not include any child day camp.
VARIANCE. A dispensation permitted on individual parcels of property as a method of alleviating unnecessary hardship by allowing a reasonable deviation from the requirements of this chapter because of unusual or unique circumstances.
VEHICLE. A machine propelled by power other than human power, designed to travel along the ground by use of wheels or treads and transporting persons or property or pulling machinery and includes, without limitations, automobiles, watercraft, trucks, trailers, buses, motorcycles and/or tractors.
WATERCRAFT. Every description of craft, including non-displacement craft and seaplanes, designed to be used as a means of transportation on water, plus the normal equipment to transport the same on the streets and highways, including, but not limited to, boats, sailboats, inflatable, manually propelled boats and pontoon boats but not including canoes and rowboats.
YARD. The required open space on a lot adjoining a lot line.
YARD, FRONT. A yard extending along the full width of a front lot line between side lots and from the front lot line to the front building line in depth.
YARD, REAR. A yard extending across the full width of the lot and lying between the rear lot line and the nearest line of the building; REAR YARD depth shall be measured at right angles to the rear line of the lot.
YARD, SIDE. A yard lying between the side lot line of the lot and the nearest line of the building and extending from the front yard to the rear yard, or in the absence of either of such front or rear yards, to the front or rear lot lines.
ZONING MAP. A drawing indicating boundaries of parcels and tracts of land within the zoning districts of the city for the purpose of identifying uses for which those tracts and parcels can be legally utilized.
ZONING OFFICER. The person charged with the enforcement of this chapter, who shall be the City Manager, or his or her designee, or the person appointed by the City Manager, or his or her designee, with the approval of City Council.
(Prior Code, § 27.02.01) (Ord. 17-19, passed 4-22-2019)