§ 152.005 DEFINITIONS.
   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ACCESSORY USE. Any purpose for which a building, structure, or a tract of land may be designed, arranged, intended, maintained, or occupied which:
      (1)   Is customarily incidental and subordinate in area, extent, or purpose to the principal building, structure, or use which it serves.
      (2)   Is located on the same zoning lot as the principal building, structure, or use, with the single exception of such accessory off-street parking facilities as are permitted to locate elsewhere than on the same zoning lot with the building or use served under § 152.232.
   ACCESSORY STRUCTURE. A structure that is:
      (1)   Located on the same lot as the principal structure.
      (2)   Serving a purpose customarily incidental and subordinate to the use of the principal structure.
      (3)   Subordinate in size and bulk to the principal structure.
   ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment, which includes the following listed categories:
      (1)   ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock in trade, books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS as herein defined or an establishment with a segment or section devoted to the sale or display of such material.
      (2)   ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale of services or products characterized by the exposure or presentation of SPECIFIED ANATOMICAL AREAS or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of adult entertainment business are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.
      (3)   ADULT MINI MOTION PICTURE THEATER. A facility with a capacity for less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, for observation by patrons therein.
      (4)   ADULT MOTION PICTURE THEATER. A facility with a capacity of 50 or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to SPECIFIED SEXUAL ACTIVITIES or SPECIFIED ANATOMICAL AREAS, for observation by patrons therein.
      (5)   MASSAGE. A method of treating or stimulating the external parts of the human body by rubbing, stroking, kneading, tapping, touching, or vibrating with the hand or any instruments for pay.
      (6)   MASSAGE ESTABLISHMENT. Any establishment having a fixed place of business where massages are administered for pay. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by the state, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder.
      (7)   SPECIFIED SEXUAL ACTIVITIES.
         (a)   Human genitals in a state of sexual stimulation or arousal;
         (b)   Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio;
         (c)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.
      (8)   SPECIFIED ANATOMICAL AREAS.
         (a)   Less than completely and opaquely covered human genitals, public region, buttock, and female breasts below a point immediately above the top of the areola;
         (b)   Human male genitals in a discernibly turgid state even if completely and opaquely covered.
   AGRICULTURAL. The use of a tract of land for the planting, harvesting, and marketing of crops and produce; the breeding, feeding, and marketing of livestock; horticulture; floriculture; structures necessary for performing these operations; and the residence of the owner or operator. Such agricultural use shall not include the following uses:
      (1)   The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which these uses are expressly permitted.
   (2)   Wholesale or retail sales as accessory use, unless the same are specifically permitted by this chapter.
      (3)   The feeding or sheltering of animals or poultry in penned enclosures within 100 feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.
   ALLEY. A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property and is not intended for general traffic circulation.
   ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors, windows, means of ingress or egress, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
   AQUIFER. A glacial formation, group of glacial formations, or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.
   AUTOMOBILE SALES or RENTAL. The use of any building, land area, or both, for the display and sale and/or rental of new or used automobiles, which may include light trucks or vans, trailers, or recreation vehicles, and where any vehicle preparation or repair work is conducted solely as an accessory use.
   AUTOMOBILE REPAIR GARAGE. A building, lot, or both, where the business of general motor vehicle repair and service is conducted, including engine rebuilding, rebuilding, or reconditioning of motor vehicles, body repair, and painting and undercoating of automobiles, but excluding a junk yard as defined elsewhere in this chapter.
   AUTOMOBILE SERVICE STATION. A building, lot, or both, where fuels, oils, and accessories for the use of motor vehicles are dispensed, sold, or offered for retail sale, and where mechanical repair service may be incidental to the dispensing of such items. The storage of junk or inoperable vehicles shall not be included in this definition.
   AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, nonoperating, or wrecked vehicles or their parts.
   BASEMENT. That portion of a building located partly underground but having more than 1/2 of its clear floor-to-ceiling height below the average grade of the adjoining ground.
   BED AND BREAKFAST. Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.
   BLOCK. A tract of land bounded by streets, a combination of streets, railroad right-of-way, river or stream, or any other barrier to the continuity of development.
   BOARD OF ZONING APPEALS. The Board of Zoning Appeals of New Lebanon, Ohio.
   BUFFER AREA. That portion of a lot set aside for open space, landscaping, fences, walls, berms, or any combination thereof, to separate or screen different use districts and/or uses on one property from uses on another property in order to visually shield or block noise, lights, and/or other nuisances.
   BUILDING. Any covered structure supported by poles, columns, or walls designed and built for the support, shelter, or enclosure of persons, animals, chattels, or moveable property of any kind, or for any industrial process.
   BUILDING HEIGHT. The vertical distance from the average grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip, and gambrel roofs, or to the mean height between high and low points for a shed roof.
   CEMETERY. Land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
   CHILD CARE NURSERY. Any premises where child day care is provided for five or more children, other than those of the owner or administrator, with or without compensation. This definition excludes the care of children in places of worship during religious services and programs operated in school buildings by either public schools or non-public schools meeting the standard of public schools.
   CLINIC. A place used for the outpatient care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
   COMMERCIAL RECREATIONAL FACILITIES, INDOOR. Any commercial activity conducted entirely indoors which is related to the recreation field, such as bowling alleys, skating rinks, indoor tennis courts, swimming pools, indoor motion picture theaters, and similar recreational activities. This definition shall exclude ADULT ENTERTAINMENT FACILITIES as defined elsewhere in this chapter.
   COMMERCIAL RECREATIONAL FACILITIES, OUTDOOR. Any commercial activity conducted primarily outside of a building which is related to the recreation field, such as drive-in theaters, community swimming pools, miniature golf, driving ranges, skiing facilities, country clubs, and similar activities.
   COMMON AREAS. Parcels of land, together with the improvements thereon, the use and enjoyment of which are shared by the owners and occupants of the individual building sites within a development.
   COMMUNITY-ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITY. A dwelling unit in which personal care, supervision, and accommodations are provided to a group of individuals, of whom four or more are unrelated to the provider. These individuals have some condition which requires assisted living, such as persons with mental, physical, or developmental disabilities and are provided services to meet their needs. This category includes uses licensed, supervised, or under contract by any federal, state, county, or other political subdivision. This definition shall not include halfway houses, nursing homes, rest homes, and convalescent homes.
   CONDITIONAL USE. A use permitted within a district other than a permitted principal use, requiring a conditional use certificate and approval of the Board of Zoning Appeals. These uses are permitted only after the applicant has followed the procedures outlined in § 152.016.
   CONDITIONAL USE CERTIFICATE. A permit issued by the Board of Zoning Appeals to allow certain specific developments that would not otherwise be allowed in a particular zoning district. These permits are issued only after the applicant has followed the procedures as stated in § 152.016 of this zoning code. Development under a conditional use certificate differs from a zoning district change in that it is much more specific. The applicant submits plans and conditions exactly or reapplies for a permit before deviating from that plan.
   COURT. An open space which may or may not have direct street access and which is bounded on two or more sides by a single building or a group of related buildings. A court is not a yard.
   CORNER LOT. See LOT.
   COUNCIL . The Municipal Council of New Lebanon, Ohio.
   DE MINIMIS QUANTITY. A specified amount of regulated substances, expressed in gallons and/or pounds, that is excluded from the provisions of the WO Wellhead Operation District and WP Well Field Protection Overlay District regulations in this zoning code. Any use of regulated substances in excess of the de minimis quantities and not explicitly subject to exclusion is considered nonconforming.
   DENSITY. A unit of measurement designating the number of dwelling units, mobile homes, and/or house trailers per acre of land as follows:
      (1)   GROSS DENSITY. The number of dwelling units, mobile homes, and/or house trailers per acre of the total land to be developed.
      (2)   NET DENSITY. The number of dwelling units, mobile homes, and/or house trailers per acre of land when the acreage involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, and other similar uses.
   DEVELOPMENT STANDARDS. Standards controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Development standards include regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage, and maximum floor area ratio.
   DIRECT RECHARGE AREA . That portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
   DISTRICT. A portion of the incorporated territory of New Lebanon within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this zoning code.
   DRIVE-IN or DRIVE-THROUGH. A business or other establishment so developed that its retail or service character is dependent on providing a driveway approach and/or waiting spaces for motor vehicles so as to serve patrons while in the motor vehicle.
   DRIVEWAY. A private roadway providing access to a public street.
   DWELLING. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer, or other temporary or transient structure or facility. This definition shall include MODULAR HOME as defined in this chapter but specifically excludes MOBILE HOME and HOUSE TRAILER as defined in this chapter.
      (1)   SINGLE-FAMILY. A building containing or built for one dwelling unit.
      (2)   TWO-FAMILY. A building containing or built for two dwelling units totally separate from one another, including separate entrances, and which may be attached either side-by-side or one-above-the-other.
      (3)   MULTIPLE. A building containing or built for three or more dwelling units totally separate from one another, including separate entrances, and which may be attached either side-by-side or one-on-top-of-the-other.
   DWELLING GROUP. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.
   DWELLING UNITS. One room, or a suite of two or more rooms, designed for or used by one individual, family, or housekeeping unit for living and sleeping purposes and which includes sleeping facilities, permanently installed cooking facilities, and lawfully required sanitary facilities.
   EASEMENT. A grant of one or more of the property rights by a property owner to and/or for use by the public, a corporation, or another person or entity.
   EATING PLACE NO. 1. An establishment where food and beverages are prepared, served, and consumed, which may include liquor, beer, and wine if licensed by the state, for consumption only inside the building.
   EATING PLACE NO. 2. An establishment having the attributes of an EATING PLACE NO. 1, and which also provides live entertainment.
   EATING PLACE - CARRY-OUT. An establishment offering food and beverages, which may include liquor, beer, and wine if licensed by the state, where the food and beverages are dispensed at the counter for consumption off the premises.
   EATING PLACE - DRIVE-IN. An establishment offering food and beverages, which may include liquor, beer, and wine if licensed by the state, where the food and beverages are dispensed directly to persons while in motor vehicles, and where the food and beverages may also be dispensed at the counter for consumption either on or off the premises.
   ESSENTIAL SERVICES. The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement by public utilities or New Lebanon or other governmental agencies of underground or overhead gas, electrical, steam, or water generation, transmission, or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or New Lebanon or other governmental agencies or for the public health, safety, and morals.
   ESTABLISHMENT. An economic unit, generally at a single physical location, where business is conducted or services or industrial operations are performed.
   EXISTING GRADE or ELEVATION. The vertical location above some elevation point of the ground surface prior to excavation or filling.
   FAMILY. An individual or two or more persons living together as a household unit who are related to each other by blood, marriage, or adoption, or two or more individuals who need not be related living together as a single housekeeping unit, provided that a ratio of two persons or less per bedroom within the dwelling unit, mobile home, or house trailer is maintained for unrelated arrangements. A group occupying a nursing home, rest home, convalescent home, halfway house, rooming house, hotel, motel, or fraternity or sorority house is not considered a family with this chapter.
   FENCE. An artificially constructed free-standing structure, other than part of a building, which encloses or partially encloses any premises and is of sufficient strength and dimensions to prevent straying from within or intrusion from without. Acceptable construction types shall include metal chain link; poultry, chicken, rabbit, or field wire only when sufficiently supported by wood split rail fence; iron; vinyl; naturally durable wood; or, treated wood. Any and all acceptable construction types shall meet current industry standards as determined by the Village Engineer. Live vegetation shall not be included in this definition.
   FENCE, PRIVACY. A fence structure, or any part thereof, consisting of material constructed to inhibit light, ventilation, and sight through said fence and constructed of naturally durable wood, treated wood, or vinyl-type materials. Chain link fences with webbing designed to inhibit light, ventilation, or sight through the fence shall not be allowed as privacy fences. Hedges, ornamental shrubs, trees and bushes shall not be considered privacy fences for the purpose of this definition.
   FLOOR AREA, GROSS. The sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two buildings. Floor area shall include the area of basements when used for residential, commercial, or industrial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating floor area, the following shall not be included:
      (1)   Attic space providing structural head room of less than seven feet, six inches.
      (2)   Uncovered steps.
      (3)   Terraces, breezeways, and open porches.
      (4)   Automobile parking space in a basement or private garage.
      (5)   Accessory off-street loading berths, but not to exceed twice the space required by the provisions of this chapter.
   FLOOR AREA, NON-RESIDENTIAL. The gross floor area of all the floors of a building other than a dwelling, mobile home, or house trailer, excluding stairs, washrooms, elevator shafts, maintenance shafts, and similar areas.
   FLOOR AREA RATIO. The floor area ratio of the building or other structure on any lot is determined by dividing the gross floor area of the building or structure by the area of the lot on which the building or structure is located. When more than one building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the gross area of the lot.
   FLOOR AREA, RESIDENTIAL. The gross floor area of a dwelling, mobile home, or house trailer, excluding breezeways, carports, garages, storage areas with only outside access, porches, unfinished attics, or other unheated and/or unfinished areas attached to the dwelling, mobile home, or house trailer.
   FOSTER CARE HOME. An owner-occupied residence providing care and supervision for not more than three adults, children, or adolescents who are persons with mental, physical, or developmental disabilities or aged, who are in need of assistance and supervision provided by a foster family in a home setting, and for children or adolescents who for various reasons cannot reside with their natural family.
   FRONT LOT LINE. See LOT LINE, FRONT.
   FRONT YARD . See YARD, FRONT.
   FRONTAGE. See LOT FRONTAGE.
   GARAGE, PRIVATE. A detached accessory building or a portion of a main building, intended for the parking or storage of automobiles, recreational vehicles, or boats of the occupants and/or employees of the premises.
   GARAGE, PUBLIC. A principal or accessory building other than a private garage, intended for the parking or storage of automobiles, recreational vehicles, boats, or other vehicles, and available to the general public.
   GARBAGE. Interpreted to mean all putrescible wastes, including vegetable, animal offal, and carcasses of small dead animals, but not including human excreta, sewage, and other water-carried wastes.
   GARDEN CENTER. The selling and indoor growing of plants, flowers, vegetables, shrubs, and trees, including the selling and warehousing of garden equipment and supplies and the storage of bulk gardening items, bagged and/or on pallets.
   GLARE. Excessively bright illumination sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
   GRADE, AVERAGE. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.
   GREENBELT. A strip of land parallel to and extending inwardly from the lot lines or right-of-way lines. The greenbelt shall be maintained at all times in grass, trees, shrubs, or plantings, and no structures, parking areas, or signs shall be permitted.
   GREENHOUSE. A solar or artificially heated structure made largely of transparent or translucent material in which out-of-season plants, flowers, or vegetables are grown.
   GROSS LEASABLE AREA. Total floor area designed for tenant occupancy and use, including basements, expressed in square feet, measured from the centerline of joint partitions and from the outside wall faces, but excluding parking areas in structures reserved for tenant occupancy and use.
   HALFWAY HOUSE. A facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment, or supportive services for individuals on supervised release from the criminal justice system and who have been assigned by a court to a residential home in lieu of placement in a correctional institution; or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
   HEALTH STUDIO.    An establishment operating on a nonmembership basis that provides facilities for aerobic exercises, running and jogging, exercise equipment, game courts, and swimming facilities. This definition shall exclude ADULT ENTERTAINMENT FACILITIES as defined elsewhere in this chapter.
   HOME OCCUPATION. Any activity which is carried out for gain by a resident of the premises and is clearly subordinate and incidental to its use as a principal place of residence.
   HOMEOWNERS ASSOCIATION. A community association that is organized in a development in which individual owners share common interests and responsibilities for costs and upkeep of common open space or facilities.
   HOUSE TRAILER. Any non-self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such a manner as will permit the use and occupancy thereof for human habitation when connected to utilities, whether resting on wheels, jacks, blocks, or other foundation and used or so constructed as to permit its being used as a conveyance upon public streets and highways. Most significantly, the term house trailer designates those units not in compliance with the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC 5401 et seq.
   INDEPENDENT HOUSING ALTERNATIVES FOR THE ELDERLY. Housing arrangements for elderly persons, completely capable of independent living, who do not require protective supervision and are not persons with mental, physical, or developmental disabilities, or require rehabilitation.
      (1)   SHARED HOUSING. A housing arrangement for more than three independent elderly persons who pool their resources to maintain a single housekeeping unit.
      (2)   CONGREGATE HOUSING. A housing arrangement for more than three elderly persons who are independent adults where at least meal services are provided. Other services provided to the residents from within the home may include transportation and housekeeping. Personal assistance or care is not provided. This definition includes homes licensed by the state Department of Human Services under the category of Family Group Homes.
   JUNK. Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed, or other use or disposition. Junk includes but is not limited to copper, brass, rope, rags, batteries, paper, rubber, junk iron, steel, tires, vehicle parts, equipment, metal, glass, building materials, household appliances, machinery, brush, and lumber.
   JUNK VEHICLE. A vehicle shall be deemed a junk vehicle whenever any two or more of the following occur for a period of two weeks prior to the filing of a cease and desist order:
      (1)   The vehicle is without a valid, current registration and/or license plate;
      (2)   The vehicle is apparently inoperable;
      (3)   The vehicle is without fully inflated tires and/or has any type of support under it; and/or
      (4)   The vehicle has a substantially damaged or missing window, windshield, door, motor, transmission, or other similar major part.
   JUNK YARD. Any area, lot, land, parcel, building, or structure, or part thereof, used for the storage, collection, processing, purchase, sale, salvage, or disposal of junk. Such operations conducted entirely within completely enclosed buildings shall not be considered a junk yard. Two or more JUNK VEHICLES on a lot shall be considered a junk yard.
   KENNEL. A commercial establishment in which four or more dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
   LAND USE PLAN. The long-range plan for the desirable use of land within the incorporated territory of New Lebanon as officially adopted and as amended from time to time by the Planning Commission.
   LANDSCAPING. The improvement of open areas by the planting and maintenance of trees, bushes, flower gardens, grass, and other vegetation, along with wood chips, brick pavers, and other customary materials.
   LIVE ENTERTAINMENT. Any entertainment provided in eating places, other than music mechanically produced by juke boxes or other devices for the dissemination of recorded music.
   LOADING SPACE, OFF-STREET. A space or berth located on the same lot with a building or contiguous to a group of buildings, and totally outside of any street or alley right-of-way, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.
   LOTS. A piece or parcel of land occupied or intended to be occupied by a principal building or a group of such buildings and its accessory buildings and uses, including all open spaces required by this zoning code, and having frontage on a public street.
      (1)   CORNER. A lot abutting on two or more streets at their intersection, or on two parts of the same street, and in either case forming an interior angle of 135° or less, when measured along the centerline of the road(s), or the interior right-of-way line as applicable.
      (2)   DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, or two approximately perpendicular portions of the same street, as distinguished from a corner lot.
      (3)   FLAG. A lot not meeting minimum frontage requirements and where the only access to a public road is by a narrow private right-of-way driveway.
      (4)   INTERIOR. A lot other than a corner lot, with only one frontage on a public street.
      (5)   LANDLOCKED. A lot without frontage on a public street.
   LOT AREA. The computed area contained within the lot lines.
   LOT COVERAGE . That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding roof eaves projecting less than 24 inches from the foundation.
   LOT DEPTH. The average distance measured from the front lot line to the rear lot line.
   LOT FRONTAGE. The distance between the side lot lines, measured along the front lot line(s), except lot lines along limited-access rights-of-way.
   LOT LINES.
      (1)   FRONT. A street right-of-way line or centerline forming the boundary of a lot. On a corner lot, both street right-of-way or centerlines shall be front lines.
      (2)   REAR. The lot line that is most distant from, and is, or is most nearly parallel to, the front lot line. If a rear lot line is less than 15 feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least 15 feet long, lying wholly within the lot, parallel to the front lot line. In the case of a corner lot, the rear lot line shall be the lot line opposite the shortest front lot line.
      (3)   SIDE. A lot line which is neither a front lot line nor a rear lot line.
   LOT OF RECORD. A lot which is part of a subdivision, the plot of which has been recorded in the office of the Recorder of Montgomery County; or a parcel of land, the deed to which was of record as of the effective date of the zoning code or any appropriate amendment thereto.
   LOT WIDTH. The distance between the side lot lines measured along the required front yard setback.
   MANUFACTURING. The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product.
   MOBILE HOME. A manufactured relocatable residential structure providing complete, independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking, and sanitation, and the design and construction of such structure meets the standards and specifications of the U.S. Department of Housing and Urban Development under the National Manufactured Home Construction and Safety Standards Act of 1974, 42 USC 5401 et. seq. A mobile home is not included within the definition of MODULAR HOME or DWELLING, and the removal of running gear shall not exempt a mobile home from this definition.
   MOBILE HOME PARK. Any lot upon which two or more mobile homes and/or house trailers are located for residential use, either free of charge or for revenue purposes. A mobile home park includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.
   MODULAR HOME. A factory-fabricated transportable building consisting of two or more units designed to be assembled into a permanent structure at a building site on a permanent foundation and used for residential purposes by one family, and built to meet the standards and specifications of the Industrial Unit Standards of the Ohio Building Code.
   MOTEL. A building, or group of buildings, comprising individual sleeping accommodations for transient guests for compensation, in contradistinction to a BED AND BREAKFAST operation or ROOMING HOUSE.
   NEIGHBORHOOD. An area of a community with characteristics that distinguish it from other areas and that may include distinct ethnic or economic characteristics, housing types, schools, or boundaries defined by physical barriers, such as major highways and railroads, or by natural features, such as rivers.
   NON-CONFORMING BUILDING or STRUCTURE. A building or structure lawfully existing at the time of enactment of this zoning code or subsequent amendments, which does not conform to the regulations of the district in which it is situated or other applicable provisions of this zoning code.
   NON-CONFORMING LOT. A lot existing at the time of enactment of this zoning code or any subsequent amendments, which does not conform to the lot area and frontage requirements of the district in which it is located.
   NON-CONFORMING USE. A use of land lawfully existing at the time of enactment of this zoning code or subsequent amendments, which does not conform to the regulations of the district in which it is situated or other applicable provisions of this zoning code.
   NON-ROUTINE MAINTENANCE. Activities necessary not more frequently than every 24 months to keep structures and equipment in good repair.
   NURSERY, PLANT MATERIAL . Land, buildings, structures, or a combination thereof, for the growing and storage of live trees, shrubs, or plants offered for retail sale on the premises, including accessory sales of products used for gardening or landscaping.
   NURSING HOME, REST HOME, or CONVALESCENT HOME. A place, residence, or home used for the boarding and care, for a consideration, of not less than three persons, not members of the immediate family operating the facilities, who by reason of age or infirmity are dependent on the services of others.
   OFF-SITE. Located outside the lot lines of the lot in question or within a contiguous portion of a street or other right-of-way.
   ONE-YEAR CAPTURE AREA. The area around protected public water supply well fields delineated by the one-year TRAVEL TIME CONTOUR.
   OPEN SPACE. A parcel or area of land or water, or combination of both land and water, within a site which is designed and intended for the use and enjoyment of the owners, occupants, and their guests. Open space includes parks, recreation areas, public open space, or other facilities dedicated by the owner for public use. Open space shall be substantially free of structures or may contain such improvements as are approved as a part of the general development plan and are appropriate for the residents or occupants of the property.
   OUTDOOR STORAGE. Storing or keeping of chattels not enclosed in a building.
   OVERLAY DISTRICT. A district described on the zoning map within which, through super-imposition of a special designation, certain regulations and requirements apply, in addition to those of the underlying zoning districts to which such designation is added.
   PARCEL. A contiguous lot or tract of land owned and recorded as the property of the same persons or controlled by a single entity.
   PARKING SPACE, OFF-STREET. A space located totally outside of any street or alley right-of-way for the parking of an automobile or other vehicle.
   PERMITTED USE. Any use specifically allowed in a zoning district and subject to the restrictions applicable to that zoning district.
   PLANNED DEVELOPMENT. Planned development is an area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to plan as a single entity and containing one or more structures with appurtenant common areas.
   PLANNING COMMISSION. The Planning Commission of New Lebanon, Ohio.
   POTABLE WATER. Water that is satisfactory for drinking, culinary, and domestic purposes, meeting current drinking water standards.
   PRINCIPAL BUILDING. A building in which is conducted the main or principal use of the lot on which said building is located, ordinarily the largest building on the lot.
   PRINCIPAL USE. The main use to which the premises are devoted and the main purpose for which the premises exist, ordinarily the use conducted on the first story of the principal building above the basement.
   PROTECTED PUBLIC WATER SUPPLY. A public water system which services at least 15 service connections used by year-round residents or regularly services at least 25 year-round residents, and having a one-year capture area defined through appropriate hydrologic studies.
   PUBLIC WAY. An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, land, parkway, right-of-way, road, sidewalk, street, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which is dedicated, whether improved or not.
   READER BOARD. A single or double-sided sign that consists of changeable copy, including letters, numbers, graphics or symbols or digital display.
   RECHARGE LAGOON. A body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.
   RECREATION SPACE, COUNTABLE. All area, open or enclosed, available for the general use of the residents of a planned residential development for active or passive recreation. Recreation space shall be provided in locations easily accessible to the living units, but where they will not impair the view and privacy of living units.
   RECREATIONAL VEHICLE. Recreational vehicle shall include the following:
      (1)   BOAT AND BOAT TRAILER. Boat and boat trailer shall include boats, floats, and rafts, plus the normal equipment to transport them on public streets.
      (2)   FOLDING TENT TRAILER. A canvas folding structure, mounted on wheels and designed for travel and vacation uses.
      (3)   MOTORIZED HOME. A portable housing unit designed and constructed as an integral part of a self-propelled vehicle.
      (4)   PICKUP CAMPER. A structure designed primarily to be mounted on a pickup or truck chassis with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.
      (5)   TRAVEL TRAILER. A vehicular, portable structure built on a chassis, designed to be used as temporary living quarters for travel, recreational, and vacation uses, permanently identified as a travel trailer by the manufacturer. Recreational vehicles are primarily designed as temporary living accommodations away from the principal place of residence and do not constitute a dwelling, mobile home, house trailer, or similar such principal place of residence for the occupants.
   REFUSE. Combustible and noncombustible waste materials, except garbage, rubber, leather, tree branches, tin cans, metals, mineral matter, and dust.
   REGULATED SUBSTANCE. Chemicals and mixtures of chemicals which are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not regulated substances. Regulated substances include:
      (1)   Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure, including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.
      (2)   Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.
      (3)   Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis.
      (4)   Ingredients of mixtures prepared within the WP Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than 0.1% of the mixture on a weight per unit weight basis if carcinogenic, or less than 1% percent of the mixture on a weight per unit weight basis if non-carcinogenic.
      (5)   Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).
   RESEARCH LABORATORY. Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside such building.
   RETAIL. Sale to the general public for direct consumption and/or use and not for resale.
   RIDING ACADEMY. Facilities designed or used for the renting of horses and/or the instruction of horse riding, including any barns, exercise areas, and field areas to be used in the operation.
   RIGHT-OF-WAY. A strip of land purchased or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
   ROADSIDE STAND . A temporary structure designed or used for the display or sale of agricultural products produced on the premises on which the stand is located.
   ROOMING HOUSE. 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, where no cooking or dining facilities are provided in individual rooms.
   SEASONAL TEMPORARY SALES. A business activity not intended to be of permanent duration and which sells only seasonal, non-manufactured items from an enclosure not permanently affixed to a zoning lot.
   SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs.
   SCREENING. Structures, fences, or vegetation maintained for the purpose of concealing the area behind such structures or vegetation from view.
   SERVICE CLUBS. An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to members and their guests, and services rendered which are not customarily carried on as a business. The affairs and management of the association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting.
   SETBACK. The distance between a building or structure and a lot line.
   SIGN. A name, identification, description, display, or illustration which is affixed to or painted on or represented directly or indirectly on a building, structure, piece of land, or the glass on the outside or inside of a window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization, or business. The following are types of signs:
      (1)   ADVERTISING SIGN. A sign which directs attention to a use, commodity, or service not related to the premises on which the sign is located.
      (2)   AWNING, CANOPY, or MARQUEE. A sign that is mounted on or painted on or attached to an awning, canopy, or marquee.
      (3)   BULLETIN BOARD. A structure containing a surface on which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field, or area of similar use for the announcement of services or activities to be held therein.
      (4)   CONSTRUCTION SIGN. A sign indicating the names of architects, engineers, contractors, and similar persons involved in the design and construction of a structure or project.
      (5)   DIRECTIONAL SIGN. A sign directing vehicular or pedestrian movement onto a premises or within a premises.
      (6)   FLASHING SIGN. Any illuminated sign on which the artificial light or any part thereof has conspicuous or intermittent variation in intensity or color.
      (7)   FREESTANDING SIGN. A sign supported by the ground only. No braces or pole support, except where specifically allowed.
      (8)   IDENTIFICATION SIGN. A sign which displays only the same address and/or use of the premises on which the sign is located or to which it is affixed or the product or service offered therein.
      (9)   ILLUMINATED SIGN. A sign that is lighted by an artificial light source.
      (10)   MARQUEE SIGN. A sign that is permanently attached to a structure and outward from the building wall more than 18 inches.
      (11)   MOVING SIGN. A sign which, in part or total, rotates, revolves, or otherwise is in motion.
      (12)   NAME PLATE. A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying space in the building or premises.
      (13)   PAINTED BULLETIN. An advertising structure on which advertising design is painted or painted and posted, and which may incorporate the use of cutouts and/or other embellishments.
      (14)   PORTABLE or PROMOTIONAL SIGN.
         (a)   Any sign, excluding a REAL ESTATE SIGN, that is designed to be transported and includes one or more, but is not limited to, the following characteristics:
            1.   Wheels are attached or removed.
            2.   It is on a chassis or support constructed or designed to be transported by trailer or on wheels.
            3.   It is converted to an “A” or “T” frame sign.
            4.   It is attached, either temporarily or permanently, to the ground, a structure, other sign, or other sign structure.
         (b)   A portable/promotional sign is not generally, but may be, owned by the user and is displayed to promote a specific event or activity, such as civic or charitable projects, commercial sales, business openings or closings, and seasonal merchandise, such sign being brought to the premises ready to use, except for the application of changeable copy, extension of braces, or other means to temporarily mount the sign and connection to electrical outlets.
      (15)   POSTER PANEL. An advertising structure measuring not more than 12 feet by 25 feet overall, on which posters are displayed.
      (16)   PROJECTING SIGN. A sign suspended from or supported by a building, structure, or column and extending therefrom more than 15 inches.
      (17)   REAL ESTATE SIGN. A sign pertaining to the sale or lease of the lot or tract of land on which the sign is located or to the sale or lease of one or more structures or a portion thereof located on the lot or tract of land.
      (18)   ROOF SIGN. Any sign which is erected over the roof or parapet above the roofline and/or receives any or all of its support from the roof structure.
      (19)   TEMPORARY SIGN. A banner, pennant, poster display, or illustration which is affixed to or painted on or represented directly or indirectly on a building, structure, or piece of land and which directs attention to an object, product, place, person, institution, organization, or business and is constructed of cloth, canvas, plastic sheet, cardboard, or other like materials and which is intended to be displayed for a limited period of time.
      (20)   WALL SIGN. A sign which is affixed, painted on, or attached to the wall of the building or other structure and which extends not more than 15 inches from the face of the wall.
      (21)   WARNING SIGN. Any sign indicating danger or a situation which is potentially dangerous.
   SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed. The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface area.
   SIGN FACE. The surface of the sign on, against, or through which the message of the sign is exhibited.
   SIGN HEIGHT. The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road of which the property fronts.
   SIGN STRUCTURE. The supports, uprights, bracing, or framework for signs.
   STABLE. A structure for the keeping of horses and ponies.
   STORY. That 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, then the space between the floor and the ceiling next above it.
   STREET. A public right-of-way which provides a public means of access to abutting property that has been accepted by New Lebanon. The term STREET shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
      (1)   ALLEY. A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property and is not intended for general traffic circulation.
      (2)   ARTERIAL STREET. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.
      (3)   COLLECTOR STREET. 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.
      (4)   CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end permanently terminating in a vehicular turnaround.
      (5)   DEAD-END STREET. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
      (6)   FRONTAGE STREET. See MARGINAL ACCESS STREET.
      (7)   LOCAL STREET. A street primarily for providing access to residential, commercial, or other abutting property.
      (8)   LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street and whose principal radius points of the 180° system of turns are not more than 1,000 feet from said arterial or collector street and are not normally more than 600 feet from each other.
      (9)   MARGINAL ACCESS STREET. A local or collector street, parallel to and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called FRONTAGE STREET.
   STRUCTURAL ALTERATION. Any change in the structural members of a building, such as load bearing walls, columns, beams, or girders.
   STRUCTURE. Anything constructed, except pavement, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.
   SWIMMING POOL. Any body of water or receptacle for water having a depth greater than two feet, used or intended to be used for swimming or recreational bathing. A swimming pool includes but is not limited to an in-ground, above-ground, and on-ground swimming pool, hot tub, or spa located outside a completely enclosed building.
   TEMPORARY USE. A use for a limited duration with the intent to discontinue such use upon the expiration of the time period and usually not involving any construction or alteration of any permanent structure.
   THOROUGHFARE PLAN. The official thoroughfare plan of and as adopted by the Planning Commission of New Lebanon, establishing the location and official right-of-way widths of principal highways and streets in New Lebanon, on file in the office of the recorder, together with all amendments thereto subsequently adopted.
   TRAVEL TIME CONTOUR. A locus of points from which water takes an equal amount of time to reach a given destination, such as a well or well field.
   TRUCK TERMINAL. Premises which are used for loading or unloading of trucks on which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two or more trucks.
   UNDERGROUND STORAGE TANK. Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of REGULATED SUBSTANCES and the volume of which (including the volume of underground pipes connected thereto is 10% or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the health department or state Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.
   USE. The specific purpose or activity for which land, a structure, or a building is designed, arranged, intended, occupied, or maintained.
   VARIANCE. A variance is a modification of the strict terms of this zoning code, where such modifications will not be contrary to the public interest and where, owing to the conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this zoning code would result in unnecessary hardship. Variances are granted only after the applicant has followed the procedures as stated in § 152.015 of this zoning code.
   VEHICULAR USE AREA. Any paved ground surface area, except dedicated public rights-of-way, used by any type of vehicle, whether moving or at rest, for the following purposes among other purposes: driving, parking, loading, unloading, storage, or display.
   VETERINARIAN OFFICE. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention. Such use may include overnight accommodations on the premises for treatment, observation, and/or recuperation.
   WASTEWATER DISPOSAL SYSTEM, CENTRAL. A wastewater treatment system approved by the appropriate county, state, and/or federal agencies which provides a collection network and a central wastewater treatment facility for a single development, a community, or a region.
   WASTEWATER DISPOSAL SYSTEM, ON-SITE. A septic tank or similar installation on an individual lot, which utilizes an aerobic or anaerobic bacteriological process or equally satisfactory process for the treatment of sewage and provides for the proper and safe disposal of the effluent.
   WATER SYSTEM, CENTRAL. A water supply system approved by the appropriate county, state, and/or federal agencies, which provides a water supply to a single development, a community, or a region.
   WATER SYSTEM, ON-SITE. A well or other similar installation on an individual lot, which provides a water supply to any structures or uses upon the lot, subject to the approval of health and sanitation officials having jurisdiction.
   WELL FIELD. A tract of land that contains one or a number of wells for supplying water.
   YARD. An open or unoccupied space other than a court on the same lot with a principal building and unobstructed by buildings or structures from ground to sky, except by trees or shrubbery or as otherwise provided herein.
   YARD, FRONT.
      (1)   FRONT YARD. An open space extending the full width of the lot between a building and the front lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
      (2)   FRONT YARD (LEAST DEPTH). The shortest distance, measured horizontally, between any part of the building and the front lot line.
      (3)   FRONT YARD, (LEAST DEPTH, HOW MEASURED). Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts. However, if the proposed location of the right-of-way line of the street as established on the thoroughfare plan differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of the street as designated on said thoroughfare plan.
   YARD, REAR.
      (1)   REAR YARD. An open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as hereinafter specified.
      (2)   REAR YARD (LEAST DEPTH). The average distance measured horizontally between any part of a building and the nearest rear lot line.
   YARD, SIDE.
      (1)   SIDE YARD. An open space extending from the front yard to the rear yard between a building and the nearest side lot line unoccupied and unobstructed from the ground upward, except as hereinafter specified.
      (2)   SIDE YARD (LEAST WIDTH). The shortest distance measured horizontally between any part of a building, other than such parts hereinafter excepted, and the nearest side lot line.
      (3)   SIDE YARD (LEAST WIDTH, HOW MEASURED). Such width shall be measured from the nearest side lot line. On a corner lot, when the side lot line is a side street lot line, the required side yard shall be the same as required front yard of the lot adjacent thereto.
   ZONE OF INFLUENCE. A zone delineated by iso-travel time contours around well fields. The zone is calculated based on the rate of movement of groundwater in the vicinity of wells, with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.
   ZONING CERTIFICATE. That document signed by the Zoning Inspector or his authorized agent, which certifies that the use to be made of a particular property is a permissible use according to the terms of this chapter.
   ZONING INSPECTOR. The zoning inspector (administrative officer) or his or her authorized representative, appointed by the Municipal Council.
   ZONING MAP. The official zoning district map of the municipality described in § 152.018, or portion thereof, together with all amendments thereto subsequently adopted.
('80 Code, § 152.005) (Ord. 94-14, passed 7-5-94; Am. Ord. 99-05, passed 5-18-99; Am. Ord. 2000-18, passed 6-20-00; Am. Ord. 2005-14, passed 10-18-05)