As used in this Zoning Code, the word “used” or “occupied” includes the words “intended, designed or arranged to be used or occupied,” and the word “lot” includes the words “plot or parcel.” In addition:
(1) Accessory Use or Structure. “Accessory use or structure” means a use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. The accessory use or structure shall not exceed the height and area of the principal building.
(2) Agriculture. “Agriculture” means the use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture or animal or poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of any such accessory use is secondary to that of normal agricultural activities and provided, further, that the uses do not include the commercial feeding of garbage or offal to swine or other animals.
(3) Airport. “Airport” means any runway, land area or other facility designed and used, either publicly or privately, by a person for the landing and taking off of aircraft. “Airport” includes all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open space.
(4) Alley. See subsection (123) hereof.
(5) Alterations, Structural. “Structural alterations” means any change in the supporting members of a building, such as bearing walls, columns, beams or girders.
(6) Automotive, Mobile Home, Trailer and Farm Implement Sales. “Automotive, mobile home, trailer and farm implement sales” means the sale or rental of new and used motor vehicles, motor homes, mobile homes, trailers, campers or farm implements, but does not include repair work except incidental warranty repair of the same to be displayed and sold on the premises. Display of more than one vehicle or piece of equipment shall be considered commercial sales.
(7) Automotive Repair. “Automotive repair” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) Automotive Wrecking. “Automotive wrecking” means the dismantling or wrecking of used motor vehicles, motor homes, mobile homes, trailers or campers or the storage, sale or dumping of dismantled, obsolete or wrecked vehicles or parts thereof.
(9) Basement. “Basement” means a story, all or partly underground, having at least one-half of its height below the average level of the adjoining ground.
(10) Boarding House; Rooming House; Lodging House; Dormitory. “Boarding house,” “rooming house,” “lodging house” or “dormitory” means a building 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 and where no cooking or dining facilities are provided in individual rooms.
(11) Buffer Area. “Buffer area” means the area of required yard space adjacent to the boundary of a property or district not less in width than is designated in this Zoning Code and on which is placed year-round shrubbery, hedges, evergreens or other suitable plantings of sufficient height and density to constitute an effective screen and give maximum protection and immediate screening to an abutting property or district. A buffer area may include a wall or fence not less than five feet in height, provided that:
A. Such wall or fence is screened or constructed in such a manner that it will not conflict with the character of the abutting property or district;
B. Such wall or fence is maintained permanently in a state of good repair by the property owner; and
C. Such screening consists of mature plantings that are maintained permanently in a healthy state.
(12) Building. “Building” means a structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.
(13) Building, Accessory. “Accessory building” means a subordinate building detached from, but located on the same lot as, the principal building, the use of which is incidental and accessory to that of the principal building or use.
(14) Building Height. “Building height” means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line for mansard roofs and to the mean height between eaves and ridges for gable, hip and gambrel roofs.
(15) Building Line. See subsection (108) hereof.
(16) Building, Principal. “Principal building” means a building in which is conducted the main or principal use of the lot on which such building is situated.
(17) Business, Convenience. “Convenience business” means a commercial establishment which caters to and can be located in close proximity to a Residential District 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 less than 10,000 square feet in floor area. Uses in this classification tend to serve day-to-day needs in one neighborhood.
(18) Business, General. “General business” means a commercial use which generally requires a location on or near major thoroughfares and/or their intersections and which tends, in addition to serving the day-to-day needs of the community, to also 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, department stores, discount stores and stores that sell hardware, apparel, footwear, appliances or furniture.
(19) Business, Highway. “Highway business” means a commercial use which generally requires a location on or near major thoroughfares and/or their intersections and which tends 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, motels and commercial recreation.
(20) Business, Office-Type. “Office-type business” means a quasi-commercial use which may often be transitional between retail business and/or manufacturing uses and residential uses. The office-type business classification generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic and drafting. Institutional offices of a charitable, philanthropic or religious or educational nature are also included in this classification.
(21) Business Service. “Business service” means 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.
(22) Business, Wholesale. “Wholesale business” means a business establishment that generally sells commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments or manufacturing establishments. Such commodities shall basically be intended for further resale, use in the fabrication of a product or use by a business service.
(23) Cemetery. “Cemetery” means land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, and includes crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
(24) Channel. “Channel” means a natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.
(25) Chemical Storage. “Chemical storage” means the storage of any flammable or explosive material in quantities sufficient to be dangerous to any person or property, or of any flammable liquid, except one being used for area heating, in excess of twenty-five gallons, whether above or below ground.
(26) Clinic. “Clinic” means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons, and those who are in need of medical and surgical attention, who are not provided with board or room or kept overnight on the premises.
(27) Club. “Club” means a building or portion thereof or premises owned or operated by a person for a social, literary, political, educational or recreational purpose primarily for the exclusive use of members and their guests.
(28) Commercial Entertainment Facility. “Commercial entertainment facility” means any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals and similar entertainment activities.
(29) Comprehensive Plan. “Comprehensive Plan” means a plan, or a portion thereof, adopted by the Planning Board and Council, showing the general location and extent of present and proposed physical facilities, including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. Such Plan establishes the goals, objectives and policies of the community.
(30) Conditional Use. “Conditional use” means a use permitted in a district other than a principally permitted use, such use requiring a conditional use permit and the approval of Council, following public hearings before the Planning Board and Council.
(31) Conditional Use Permit. “Conditional use permit” means a use permit issued by the Zoning Inspector, upon the approval of Council, to allow a use other than a principally permitted use to be established within a district.
(32) Corner Lot. See subsection (80) hereof.
(33) Council. “Council” means the Council of the Municipality.
(34) Cul-de-Sac. See subsection (123) hereof.
(35) Dead-End Street. See subsection (123) hereof.
(36) Density. “Density” means the number of dwelling units per acre of land.
(37) Density, Gross. “Gross density” means the number of dwelling units per acre of the total land to be developed.
(38) Density, Low Residential. “Low residential density” means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed two dwelling units per gross acre.
(39) Density, Medium-High Residential. “Medium-high residential density” means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed sixteen dwelling units per gross acre.
(40) Density, Medium-Low Residential. “Medium-low residential density” means land to be utilized for residential purposes, including public housing and industrialized units, which does not exceed four dwelling units per gross acre.
(41) Density, Medium Residential. “Medium residential density” means land to be utilized for residential purposes, including housing and industrialized units, which does not exceed eight dwelling units per gross acre.
(42) Density, Net. “Net density” means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(43) Dwelling, Mobile Home. “Mobile home dwelling” means a detached dwelling unit designed to be repeatedly transported on highways, which, upon arrival at the site for placement, involves only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway. The unit shall be considered real property if such reconstruction is undertaken.
(44) Dwelling, Multifamily. “Multifamily dwelling” means a building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrance and party walls. “Multifamily dwelling” may include a public housing or industrialized unit.
(45) Dwelling, Single-Family. “Single-family dwelling” means a building consisting of a single dwelling unit only, separated from other dwelling units by open space.
(46) Dwelling, Two-Family. “Two-family dwelling” means a building consisting of two dwelling units which may be either attached side-by-side or one above the other, each unit having separate or combined entrances. Each two-family dwelling is separated from other dwellings by open space.
(47) Dwelling Unit. “Dwelling unit” means space within a building comprising living, dining or sleeping rooms, storage closets, and space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(48) Dwelling Unit, Industrialized. “Industrialized dwelling unit” means 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 which, when installed, constitutes a dwelling unit, except for necessary preparations for its placement.
(49) Easement. “Easement” means authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his or her property.
(50) Essential Services. “Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground gas, electrical, steam or water transmission, or distribution, collection, communication, supply or disposal, systems or sites, 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 or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(51) Family. “Family” means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption or marriage, no such family shall contain over five persons.
(52) Farm Vacation Enterprises (Profit or Nonprofit). “Farm vacation enterprises (profit or nonprofit)” means farms adopted for use as vacation farms, picnicking and sports areas, fishing waters, camping, scenery and nature recreation areas, hunting preserves and watershed projects.
(53) Fence. “Fence” means a boundary structure between lot lines for the purpose of screening, protecting or enclosing property.
(54) Flood Fringe. “Flood fringe” means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions.
(55) Flood Plain. “Flood plain” means that land, including the flood fringe and the floodway, subject to inundation by the regional flood. The flood plain shall be the area shown on the Flood Hazard Boundary Map issued by the Federal Insurance Administration, United States Department of Housing and Urban Development.
(56) Flood, Regional. “Regional flood” means a large flood, the likes of 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.
(57) Floodway. “Floodway” means that portion of the flood plain, including the channel, which is reasonably required to discharge the bulk of the regional flood waters. Floods of less frequent recurrence are usually contained completely within the floodway.
(58) Floor Area of a Nonresidential Building. “Floor area of a nonresidential building” means the floor area of the specified use, excluding stairs, washrooms, elevator shafts and maintenance rooms. Such area shall be used in calculating parking requirements.
(59) Floor Area of a Residential Building. “Floor area of a residential building” means 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. In computing such area, all dimensions shall be measured between interior faces of walls.
(60) Floor Area, Usable. “Usable floor area” means the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls, exclusive of basements, attics and garages.
(61) Food Processing. “Food processing” means the preparation, storage or processing of food products. Examples of businesses falling under this category include, but are not limited to, bakeries, dairies and canneries.
(62) Garage, Private. “Private garage” means 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 persons not resident on the premises.
B. Not more than one commercial vehicle per dwelling unit is parked or stored.
C. The weight of the permitted commercial vehicle does not exceed two tons.
(63) Garage, Public. “Public garage” means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, in which no service shall be provided for remuneration other than providing parking space.
(64) Garage, Service Station. “Service station garage” means a building and premises where gasoline, oil, grease, batteries, tires and other motor vehicle accessories may be supplied and dispensed at retail, and where, in addition, the following services or sales may be rendered or made:
A. The sale and service of spark plugs, batteries and distributor parts;
B. Tire servicing and repair, but not recapping or regrooving;
C. The 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, mirrors and the like;
D. Radiator cleaning and flushing;
E. The washing, polishing and sale of washing and polishing materials;
F. Greasing and lubrication;
G. The minor servicing and repair of carburetors;
H. The adjusting and repairing of brakes;
I. Minor motor adjustment not involving the removal of the head or the crankcase or the racing of the motor;
J. The sale of cold drinks, packaged food, tobacco and similar convenience goods for service station customers, as accessory and incidental to principal operations;
K. The provision of road maps and other informational material to customers and the provision of restroom facilities; and
L. 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, storage of automobiles not in operating condition or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage or a body shop.
(65) Home Occupation. “Home occupation” means an occupation conducted in a dwelling unit, provided that:
A. No person other than members of the family residing on the premises shall be engaged in such occupation.
B. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than twenty-five percent of floor area of the dwelling unit shall be used in the conduct of the home occupation.
C. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, other than one sign, which does not exceed two square feet in area and is not illuminated.
D. No home occupation shall be conducted in an accessory building, unless specifically permitted by the Planning Board.
E. No traffic shall be generated by a home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Code. Such parking shall not be located in a required front yard.
F. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family residence, or outside the dwelling unit if conducted in other than a single-family residence. In the case of electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receiver off the premises, or which causes fluctuations in line voltage off the premises.
(66) Hotel; Motel; Apartment Hotel. “Hotel,” “motel” or “apartment hotel” means a building in which lodging or boarding and lodging are provided and offered to the public, as opposed to a boarding house, rooming house, lodging house or dormitory.
(67) Institution. “Institution” means a building and/or land designed to aid individuals in need of mental, therapeutic or rehabilitative counseling or other correctional services.
(68) Junk. “Junk” means used material which is not presently in use, byproducts of a use or any material not capable, in its present state, of serving the function for which it was originally intended.
(69) Junk Building; Junk Shop; Junk Yard. “Junk building,” “junk shop” or “junk yard” means any land, property, structure, building or combination thereof on or in which junk is stored or processed.
(70) Kennel. “Kennel” means any lot or premises on which four or more domesticated animals more than four months of age are housed, groomed, bred, boarded, trained or sold.
(71) Live Entertainment. “Live entertainment” means one or more forms of amusement involving the dancing of the patrons of an establishment and/or any motion picture preview, play, show, skit, dance, band or other exhibition performed or intended to be performed before an audience, which is not offensive to prevailing standards in the community with respect to public decency, sobriety, peace and good order.
(72) Loading Space, Off-Street. “Off-street loading space” means space logically and conveniently located for bulk pick-ups 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 shall not be included as off-street parking space in computation of required off-street parking space. All off-street loading space shall be located totally outside of any street or alley right-of-way.
(73) Location Map. See subsection (129) hereof.
(74) Lot. “Lot” means 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 are required in this Zoning Code. A lot shall have frontage on an improved 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; or
C. A combination of complete lots of record and/or portions of lots of record.
(75) Lot Coverage. “Lot coverage” means the ratio of enclosed ground floor area (as measured from the outside walls) of all buildings on a lot to the horizontally projected area of the lot, such ratio expressed as a percentage.
(76) Lot Depth. “Lot depth” means the distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(77) Lot Frontage. “Lot frontage” means, for the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets. The front of a lot shall be construed to be the portion nearest the street.
(78) Lot, Minimum Area of. “Minimum area of lot” means the area of a lot computed exclusive of any portion of the right-of-way of any public or private street.
(79) Lot of Record. “Lot of record” means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(80) Lot Types. “Lot types” means that terminology used in this Zoning Code with reference to corner lots, interior lots and through lots, specifically defined as follows:
A. “Corner lot” means a lot located at the intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot line to the foremost point of the lot meet at an interior angle of less than 135 degrees.
B. “Interior lot” means a lot, other than a corner lot, with only one frontage on a street.
C. “Through lot” means a lot, other than a corner lot, with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot.
D. “Reversed frontage lot” means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(81) Lot Width. “Lot width” means the distance between straight lines connecting the front and rear lot lines at each side of the lot, measured at the building set-back line, provided, however, that the width between side lot lines at their foremost points (where they intersect with the street line) shall be not less than eighty percent of the required lot width.
(81a) Machine Shop. “Machine shop” means light manufacturing business for engineering and prototype development where machine-operated tools are used to reshape and finish materials as by turning, planing or milling. Parts and prototypes are repaired or produced one at a time, and are not mass-produced. All operations and storage shall be inside enclosed buildings and no nuisances shall be created.
(81b) Main Cornice Line. “Main cornice line” means the juncture of the roof and the perimeter wall of a building.
(82) Maintenance and Storage Facilities. “Maintenance and storage facilities” means land and buildings and other structures devoted primarily to the maintenance and storage of construction equipment and material.
(83) Manufacturing, Extractive. “Extractive manufacturing” means the mining, quarrying, excavating, processing, storing, separating or marketing of any mineral natural resource.
(84) Manufacturing, Heavy. “Heavy manufacturing” means manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and which:
A. Are extensive in character;
B. Require large sites, open storage and service areas, extensive services and facilities and ready access to regional transportation; and
C. Normally generate nuisances such as smoke, noise, vibration, dust, glare, air pollution and water pollution, but not beyond the district boundary.
(85) Manufacturing, Light. “Light manufacturing” means manufacturing or other industrial uses which are usually controlled operations and which are relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust. Such uses generally operate and store materials in enclosed structures, and generate little industrial traffic and no nuisances.
(86) Mobile Home. See subsection (43) hereof.
(87) Mobile Home Park. “Mobile home park” means any site or tract of land under single ownership, upon which two or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.
(88) Modular Home. See subsection (43) hereof.
(89) Nonconforming Use. “Nonconforming use” means a building, structure or use of land existing at the time of enactment of this Zoning Code (Ordinance 82-38, passed September 20, 1982), which does not conform to the regulations of the district or zone in which it is situated, as set forth in this Zoning Code.
(90) Nursery; Nursing Home. “Nursery” or “nursing home” means a home or facility for the care and treatment of babies, children, pensioners or elderly people.
(91) Nursery, Plant Materials. “Plant materials nursery” means land, buildings, structures or a combination thereof for the storage, cultivation or transplanting of live trees, shrubs or plants offered for retail sale on the premises, including the sale of products used for gardening or landscaping.
(92) Official Thoroughfare Plan. “Official Thoroughfare Plan” means the comprehensive plan adopted by the Planning Board indicating the general locations recommended for arterial, collector and local thoroughfares in the Municipality and/or unincorporated areas within three miles thereof. Although an effort will be made to maintain such Plan in agreement with the plans of adjacent zoning and planning authorities, the Plan may vary from thoroughfare plans adopted by regional, County or State agencies.
(93) Open Space. “Open space” means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts or any other recreational facility that the Planning Board deems permissible, not including streets, structures for habitation and the like.
(94) Patio. “Patio” means a concrete or other hard surface, which may be covered or enclosed, located adjacent and as an accessory to a dwelling.
(95) Performance Bond; Surety Bond. “Performance bond” or “surety bond” means an agreement by a subdivider or developer with the Municipality 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 agreement.
(96) Personal Services. “Personal services” means any enterprise conducted for gain which primarily offers services to the general public, including, but not limited to, shoe repair, watch repair, barber shops and beauty parlors.
(97) Planned Unit Development. “Planned unit development” means an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, with respect to such factors as lot size and setback, than those restrictions that would normally apply under this Zoning Code. The procedure for approval of such a development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(98) Professional Activities. “Professional activities” means the use of offices and related space for such professional services as are provided by medical practitioners, lawyers, architects, engineers and other similar professionals.
(99) Public Service Facility. “Public service facility” means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, 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.
(100) Public Uses. “Public uses” means 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.
(101) Public Way. “Public way” means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, wall or other way in which the general public has a right, or which are dedicated, whether improved or not.
(102) Quasi-public Use. “Quasi-public use” means churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or nonprofit nature.
(103) Recreation Camp. “Recreation camp” means 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 or other structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(104) Recreation Facilities. “Recreation facilities” means 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.
(105) Recreational Vehicles. “Recreational vehicles” means transportation structures, self-propelled or capable of being towed by a passenger car, station wagon or small pick-up truck, of such size and weight as not to require any special highway movement permit and primarily designed or constructed to provide temporary, movable, living quarters for recreational, camping or travel use or to carry such equipment, but not for profit nor commercial use. “Recreational vehicles” includes, but is not necessarily limited to: trailers; trailer coaches; camping trailers; motor homes; pick-up (slide-in) campers; chassis mounts; converted vans; chopped vans; mini-motor homes; fifth wheel trailers of recreational vehicle construction, design and intent as opposed to commercial fifth wheel trailers; boat trailers, with or without boats mounted thereon; snowmobile trailers, with or without snowmobiles mounted thereon; and unmounted truck caps and pick-ups with mounted caps not commercially licensed. Specifically:
A. “Trailer,” “trailer coach” or “fifth wheel trailer” means a recreational vehicle constructed with integral wheels to make it mobile and intended to be towed by a passenger car, station wagon, light pick-up or panel truck or a similar motor vehicle, but does not include truck tractors of any type.
B. “Camping trailer” means a trailer or trailer coach, the walls of which are so constructed as to be collapsible and made out of nylon, canvas or similar cloth or some form of rigid material such as fiberglass, plastic or metal. Such walls shall be collapsed while the recreational vehicle is being towed, and shall be raised or unfolded when the vehicle becomes temporary living quarters and is not being moved.
C. “Pick-up (slide-in) camper” or “truck cap” means a recreational structure designed to be mounted temporarily or permanently in the bed of a light truck, with the truck having either single or double rear wheels and with or without an assisting extra tag axle and wheels mounted either on the camper chassis or the truck chassis, behind the truck's rear wheels. Such camper or cap can be readily dismounted from the truck bed. When removed from its respective truck bed, such camper or cap is referred to as an unmounted camper.
D. “Chassis mount,” “motor home” or “mini-motor home” means a recreational structure constructed integrally with a truck or motor van chassis and incapable of being separated therefrom. The truck or motor van chassis may have single or double rear wheels.
E. “Converted panel truck” or “chopped van” means a recreational structure which is created by altering or changing an existing vehicle to make it into a recreational vehicle.
F. “Boat or snowmobile trailer” means a vehicle on which a boat or snowmobile may be transported and which is towable by a passenger car, station wagon, pick-up truck or mobile recreational vehicle. When removed from the trailer, a boat or snowmobile, for the purposes of this Zoning Code, is referred to as an unmounted boat or snowmobile.
(106) Research Activities. “Research activities” means research, development and testing related to chemical, pharmaceutical, medical, electrical, transportation, engineering and other fields.
(107) Restaurant, Carry-Out. “Carry-out restaurant” means an establishment the primary function of which is the offering of food and beverages, excluding liquor, beer and wine, which food and beverages are sold only inside the building and are usually packaged to be carried and consumed off the premises, but which may be consumed in the restaurant building or on the premises.
(108) Restaurant, Drive-In. “Drive-in restaurant” means an establishment which offers food and beverages, excluding liquor, beer and wine, which foods and beverages are sold inside the building, or to persons while in motor vehicles in an area designated for drive-in service, and which may be consumed on or off the premises.
(109) Restaurant Serving Alcoholic Beverages. “Restaurant serving alcoholic beverages” means a sit-down restaurant which offers food and beverages which may incidentally include liquor, beer and/or wine.
(110) Restaurant, Sit-Down. “Sit-down restaurant” means an establishment which offers food and beverages, excluding liquor, beer and wine, to customers in a ready- to-consume state, the design or principal method of operation of which includes one or both of the following:
A. Customers, normally provided with an individual menu, are served their food and beverages by a restaurant employee at the same table or counter at which such food and beverages are consumed; or
B. A cafeteria-type operation where foods and beverages are consumed within the structure.
(111) Right-of-way. “Right-of-way” means a strip of land taken or dedicated for use as a public way. In addition to the roadway, a right-of-way normally incorporates the curbs, lawn strips, sidewalks and lighting and drainage facilities, and may include special features, (required by the topography of treatment) such as grade separation, landscaped areas, viaducts and bridges.
(112) Roadside Stand. “Roadside stand” means a temporary structure designed or used for the display or sale of agricultural or related products.
(113) Seat. “Seat” means, for the purposes of determining the number of off-street parking spaces for certain uses, the number of seating units installed or indicated or each twenty-four linear inches of bench, pew or space for loose chairs.
(114) Setback. “Setback” means the minimum horizontal distance between the street line and the front line of the building or any projection thereof, excluding steps. When the official Thoroughfare Plan shows a future street width greater than the dedicated width of an existing street, the setback shall be measured from the right-of-way as established by the future highway width.
(115) Sewers, Central or Group. “Central or group sewers” means an approved sewage disposal system which provides a collection network and disposal system and a central sewage treatment facility for a development, community or region.
(116) Sewers, On-Site. “On-site sewers” means a septic or similar installation on an individual lot which utilizes an aerobic bacteriological process or 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.
(116a) Sexually Oriented Businesses. Includes the following:
A. “Employee” means a person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business, or any form of remuneration, tips of any kind or gratuities from the operator or customers of said business.
B. “Established” means and includes any of the following:
1. The opening or commencement of any sexually oriented business as a new business;
2. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
3. The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
4. The relocation of any such sexually oriented business.
C. “Independent contractor” means a person who contracts with a sexually oriented business establishment to provide services on behalf of the sexually oriented business to the patrons of such business, whether or not the individual receives any remuneration, gratuity or tips of any kind, or pays the owner or operator for the right to perform or entertain in the sexually oriented business. The intention of this definition is to exclude those persons who are not employees and who are not reasonably expected to have contact with customers or patrons of the sexually oriented business, including, but not limited to, persons on the premises of a sexually oriented business performing repair or maintenance services or delivering goods to the premises of a sexually oriented business.
D. “Nude, Nudity or State of Nudity” means a live person exhibiting: (a) the anus, male genitals, female genitals, or the areola or nipple of the female breast; or (b) a state of dress which fails to opaquely and fully cover the anus, male or female genitals, pubic region or areola or nipple of the female breast.
E. “Public park” means 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 any governmental entity.
F. “Residential district or use” means any zoning district set forth in Chapters 1250 through 1264 of this Zoning Code that contains the words “residential” in its title, and the “Residential Planned Unit Development District” as set forth in Section 1278.04.
G. “Sexually oriented businesses” are those businesses defined as follows:
1. “Adult arcade” means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, or other visual representations, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
2. “Adult bookstore”, “adult novelty store” or “adult video store” means a commercial establishment which has as a significant or substantial (i.e., 50% or more) portion of its stock-in-trade or derives a significant or substantial (i.e., 50% or more) portion of revenues or devotes a significant or substantial (i.e., 50% or more) portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, digital video discs, or other visual representations which are characterized by the depiction or description of specified sexual activities or specified anatomical areas;
b. Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as the definition above is met.
3. “Adult cabaret” means a nightclub, bar, restaurant, private club, bottle club, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: (a) persons who appear nude or semi-nude or in a state of nudity or semi-nudity; (b) live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or (c) films, motion pictures, video cassettes, digital video discs, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas. “Private club” shall mean an establishment where patrons may bring in their own bottle or other container of alcohol (including beer, wine or liquor) and purchase a mixture for the same or use of a glass from the club or business.
4. “Adult motel” means a motel, hotel or similar commercial establishment which offers public accommodation, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, digital video discs, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.
5. “Adult motion picture theater” means a commercial establishment where films, motion pictures, video cassettes, digital video discs, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
6. “Adult theater” means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or semi- nudity or live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities which is not customarily open to the general public during such features because it excludes minors by reason of age.
7. “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. “Escort” means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person or to privately appear in the state of nudity or semi- nudity for another person.
8. “Massage parlor” means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body which occurs as a part of or in connection with specified sexual activities is offered, or where any person providing such treatment, manipulation, or service related thereto, exposes his or her specified anatomical areas. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.
9. “Semi-nude model studio” means any place where a person regularly appears in a state of nudity or semi-nudity or displays specified anatomical areas for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. Reference above to nudity should not be construed or interpreted to permit nudity or a state of nudity in a “Semi-nude model studio”.
10. “Sexual encounter establishment” means a business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration: (i) a place where two or more persons may congregate, associate, or consort for the purpose of specified sexual activities or the exposure of specified anatomical areas; or (ii) activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State of Ohio engages in medically approved and recognized sexual therapy.
H. “Simulated” means to assume the mere appearance of something, without the reality; to imitate or pretend.
I. “Specified sexual activities” means and includes any of the following:
1. The fondling or other intentional touching of human genitals, pubic region, anus or female breast;
2. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
3. Masturbation, actual or simulated;
4. Human genitals in a state of sexual stimulation, arousal or tumescence; or
5. Excretory functions as part of or in connection with any of the activities set forth in divisions (1) through (4) of this definition.
(117) Sidewalk. “Sidewalk” means that portion of the road right-of-way outside the roadway which is improved for the use of pedestrian traffic.
(118) Sign. “Sign” means any surface, fabric, device or display which bears lettered, pictorial or sculptured matter, including forms shaped to resemble any human, animal or product, which is designed to advertise, direct attention to or announce an object, place, product, person, activity, organization or business and which is exposed to public view “Sign” includes all structural members of a sign. A sign shall be construed to be a display surface or device containing organized and related elements composed to form a single unit. In cases where matter is displayed in a random or unconnected manner without organized relationship of the components, each such component shall be considered a single sign.
Types of signs are defined as follows:
A. “Bulletin board” means any surface or device used or intended to be used to attach notices, advertisements and/or other printed matter for public display, and which matter, when displayed, is temporary in nature and can be easily removed.
B. “Free-standing sign” means a sign which is supported by one or more columns, in or upon the ground.
C. “Illuminated sign” means a sign which is supplied with light in any manner by an artificial source.
D. “Off-site advertising sign” means a sign, advertisement, announcement, logo or symbol which directs attention to any business, professional service or other activity which is conducted or offered at a location other than where the sign is located. “Off-site advertising sign” does not include the flag, emblem or insignia of a nation, political unit, school or religious group.
E. “Political sign” means a sign which announces the candidacy of a person or slate of persons running for elective office, a political party, or an issue or slate of issues.
F. “Professional nameplate” means a wall sign which indicates the name, profession and/or activity of a business establishment, which sign contains no advertising.
G. “Projecting sign” means a sign, other than a wall sign, which is affixed to the exterior of a building or to an exterior wall thereof, and which extends beyond the front or face of the exterior of such building or wall more than six inches.
H. “Subdivision sign” means a sign, a masonry wall, landscaping or other similar materials or any combination thereof that forms a display for subdivision, neighborhood or tract identification, provided that the legend of such sign or display consists only of the name of the subdivision, neighborhood or tract.
I. “Temporary sign” means a sign which is not permanent and which is designed and/or erected so as to be easily removable.
J. “Wall sign” means a sign which is affixed to or painted directly upon the exterior of a building or an exterior wall thereof and which is erected parallel to the face of the building or wall, is supported by such building or wall and displays only one surface.
K. “Window sign” means a sign which is placed or painted upon a window facing the outside and which is intended to be seen from the exterior of the building.
(118a) Sign Area. “Sign area” means that area enclosed by one continuous line, connecting the extreme points or edges of a sign. Sign area shall be determined by using the largest area or silhouette visible at any one time from any one point. Such area shall not include the main supporting sign structure, but any other ornamental attachment or connecting link which is not a part of the main supports of the sign shall be included in determining sign area.
(118b) Sign Height. “Sign height” means the vertical distance from the established grade, at the point where the supporting structure of the sign meets the ground, to the highest point of the sign or the supporting structure, whichever is greater.
(119) Story. “Story” means that part of a building between the surface of a floor and the ceiling immediately above.
(120) Structure. “Structure” means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. “Structure” includes, but is not limited to, buildings, mobile homes, walls, fences, signs and billboards, patios and permanent equipment.
(121) Supply Yard. “Supply yard” means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain or similar goods.
(122) Swimming Pool. “Swimming pool” means a pool, pond, lake or open tank containing at least one and one-half feet of water at any point and maintained by the owner or manager thereof. As used in relation to a swimming pool:
A. “Private” means exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multifamily development or a community; the members and guests of a club; or the patrons of a motel or hotel.
B. “Community” means operated with a charge for admission.
(123) Thoroughfare; Street; Road. “Thoroughfare,” “street” or “road” means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic. Specifically:
A. “Alley” means a minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street” means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.
C. “Collector street” means a thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. “Cul-de-sac” means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turn-around.
E. “Dead-end street” means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
F. “Local access street” means a street used primarily for providing access to residential, commercial or other abutting property.
G. “Loop street” means a local access street, each end of which terminates at an intersection with the same arterial or collector street.
H. “Marginal access street” or “frontage street” means a local access or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(124) Through Lot. See subsection (80) hereof.
(125) Trailer. See subsection (43) hereof.
(126) Use. “Use” means the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
(127) Variance. “Variance” means 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 such regulations would result in unnecessary and undue hardship.
(128) Veterinary Animal Hospital or Clinic. “Veterinary animal hospital or clinic” means a place used for the care, grooming, diagnosis or 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 the treatment, observation and/or recuperation of such animals.
(129) Vicinity Map. “Vicinity map” means a drawing located on a plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision of use to other nearby developments or landmarks and community facilities and services within Clark and Miami Counties in order to better locate and orient the area in question.
(130) Walkway. “Walkway” means a dedicated public way four feet or more in width, for pedestrians only, whether or not such way is along the side of a road.
(131) Yard. “Yard” means 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. Accessories, ornaments and furniture may be permitted in a yard, subject to height limitations and requirements limiting obstruction of visibility. Specifically:
A. “Front yard” means 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” means 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” means 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.
(132) Zoning Code. “Zoning Code” means Ordinance 82-38, passed September 20, 1982, as amended, codified herein as Title Six of Part Twelve - the Planning and Zoning Code.
(133) Zoning Permit. “Zoning permit” means a document issued by the Zoning Inspector authorizing the use of lots, structures, uses of land and structures and the characteristics of such uses.
(Ord. 82-38. Passed 9-20-82; Ord. 83-12. Passed 5-2-83; Ord. 83-19. Passed 7-5-83; Ord. 85-11. Passed 3-4-85; Ord. 97-17. Passed 10-6-97; Ord. 02-40. Passed 11-18-02; Ord. 04-44. Passed 9-7-04.)