For the purposes of this Chapter certain words and phrases shall have the following meanings:
(a) Drive Thru Facility.
(1) Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. A drive thru facility is an accessory use to a main use and typically includes a driveway or vehicle lane in which customer vehicles queue or stack while waiting for service and customer vehicles are not required to be parked in a parking space to receive service or delivery of goods.
(2) The term “drive-thru" shall also include the terms "drive-up” and "drive-in" but shall not include the term "in-car service" or "pickup window".
(3) “In-car service” means an accessory use providing the delivery of service or goods to persons in a vehicle parked in an approved, designated parking space for that purpose.
(4) “Pickup window" means a window, located in the wall of a restaurant, used only to deliver carry out food orders to customers who have placed the food orders off-site and in advance by a phone call, app or on-line. A pickup window shall only be accessory to a restaurant permitted as a principal use. A pickup window shall not be used as a drive-thru facility in which customers queue in their vehicles to place orders on site.
(b) Driveway. Any vehicle access other than a public street or private street as defined in this Chapter.
(c) Dwellings.
(1) Flat. A dwelling unit that is all on one floor and in a multistory building with a minimum of six (6) dwelling units
(2) Townhome. A dwelling unit that is structurally attached to another, side by side, and erected as one building, each dwelling unit being separated from the adjoining unit or units by a party wall without openings and extending from the basement floor to the roof and with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(3) Villa. A dwelling unit that may or may not be structurally attached to another, with each unit having separate ground floor entrances directly to the unit from the outside and attached garages.
(4) Senior Independent Living. A community that qualifies for the “fifty-five (55) or Older" Exemption to the Fair Housing Act by satisfying each of the following requirements: (i) At least eighty percent (80%) of the units have at least one occupant who is fifty-five (55) years of age or older; and (ii) the community publishes and adheres to policies and procedures that demonstrate the intent to operate as fifty-five (55) or Older housing; and (iii) the community complies with HUD's regulatory requirements for age verification of residents.
(5) Senior Single Family Detached/Attached Dwellings: Dwellings occupied by households in which at least one (1) person is aged fifty-five (55) or older. Dwellings may be single freestanding dwelling units or attached in groups of two, three, or four units as approved in a development plan. Maximum unit height thirty-five (35) feet. Maximum two (2) stories. Individual ground floor entrances and attached garages are required.
(d) Entertainment Use. An establishment that is open to the general public wherein the activity is to primarily provide entertainment to adult customers or minors accompanied by adults including (without limitation) live performance space, bowling alleys, bocci courts, pickleball, golf simulator machines, and high-end bars specializing in craft beers and/or craft cocktails.
(e) Private Street. A major circulation route to and from the OPS-PDD and traversing through the development that is required for perpetual access as determined by the Planning and Zoning Commission and explicitly designated on the PDP.
(f) Retail Uses.
(1) Convenience Retail. Convenience stores (which are commonly referred to in the retail industry as those stores or services meeting the regular daily or weekly needs of the consumer in the immediate surrounding market area) include but are not limited to: drug stores, pharmacies, barber shops and dry-cleaning drop-off (but not a dry-cleaning plant). For the purposes of this Chapter, restaurants, coffee shops, and similar food service businesses and beauty salons are not considered "convenience stores."
(2) Designer Store. A retail establishment that sells designer products directly to the public, regardless of whether it uses the word "outlet" in its name.
(3) General Merchandise Discount Store. A retail establishment that offers a variety of product lines that are stocked in considerable depth and at discount prices.
(4) Fashion Department Store. A retail establishment greater than 25,000 square feet in floor area specializing primarily in the sale of a wide range of fashion-related products (including but not limited to clothing, jewelry, shoes, cosmetics, and related accessories), without a single predominant merchandise line, and with more than two customer checkout areas scattered throughout the store.
(5) Outlet Store. A retail establishment that primarily sells "odd lot,” “close out," "clearance," "discontinued,'" "cancellation," "factory reject," "ample,” "overstock," or "surplus" merchandise.
(6) Retail Store. An establishment that offers goods or services for sale to the public including, without limitation, a fashion department store, designer store, and convenience store.
(g) Restaurants.
(1) Restaurant: Counter Service. A restaurant whose principal business is the selling and serving of food, beverages and/or desserts and the facility is designed and arranged with the intention of the customer ordering and picking-up the food and/or drink in a ready-to-consume state at a service counter with the consumption of the food occurring either within or off the premise.
(2) Drive Up Fast Food Restaurant. A restaurant meeting each of the following characteristics: (i) uses trademarks, logo, service mark or other mutually identifying name or symbol that is shared by fifteen (15) or more restaurants; (ii) serves a prescribed menu that is substantially the same as fifteen (15) or more restaurants that shares its trademarks, logo, service marks or other mutually identifying name or symbol; and (iii) has a drive up facility.
(3) Fast Casual. A style of restaurant that combines elements of quick-service and casual dining. In fast casual dining establishments, customers typically order at a counter and are provided with higher quality food than traditional fast-food restaurants, often with fewer processed ingredients and more customizable options. The ambiance is more upscale than fast-food venues. with an emphasis on a comfortable dining environment, but it doesn't offer full table service like casual dining restaurants. This format allows diners to enjoy a more premium meal in a shorter amount of time and often at a moderate price point. Popular fast casual concepts might include eateries focused on salads, gourmet burgers, artisanal pizzas, and ethnic cuisines.
(4) Restaurant: Table Service. A restaurant whose principal business is the selling and serving of food, beverages and/or desserts in a ready-to-consume state where customers are served at tables with the consumption of the food, predominantly within the building and customers are seated.
(5) Outdoor dining. The portion of a restaurant where food and drink that has been prepared inside the establishment is consumed at tables and chairs outside the principal building in an area adjacent to the principal building
(h) Similar use. A use approved as provided in PDP Amendments -Administrative Amendments.
(i) Prohibited Uses: The following uses are prohibited in the OPS-PDD:
(1) General merchandise discount stores.
(2) Membership-only stores (including discount clubs).
(3) Hardware or home-improvement stores primarily stocking lumber, building materials, and building supplies.
(4) Stores primarily selling used merchandise, second-hand merchandise, samples, and floor models, demonstration merchandise, fire-sale merchandise, store-closing merchandise, and damaged merchandise.
(5) Stores primarily selling on consignment except that such stores primarily selling art and/or jewelry on consignment are not prohibited. Pawn shops are prohibited.
(6) Nightclubs, discotheques, and banquet halls unless part of a permitted hotel.
(7) Bars unless incidental to a restaurant or hotel, except that high end bars specializing in craft beers (which may include a micro-brewery), wine, and/or craft cocktails shall be permitted.
(8) Entertainment uses that primarily offer amusement galleries, massage parlors, sporting events, sports or game facilities, internet cafes, off-track betting clubs; provided, however, that the offering of therapeutic massages shall not be construed as an entertainment use or prohibited hereunder.
(9) Automotive services and uses, such as automobile and truck dealerships (including sales, rental, and leasing), automobile service stations, carwashes, gas stations and automotive body shops.
(10) Outdoor storage of any kind.
(11) Outdoor commercial recreation such as, but not limited to: go-carts, miniature golf, and batting cages, except that pickleball, bocce ball and other similar recreational uses are permitted as accessory uses in SD-2 and SD-3.
(12) Animal Kennels, except approved as incidental to a veterinary hospital.
(13) Funeral homes and the sale of cemetery memorials.
(14) Nursing homes.
(15) Uses by governmental or not-for-profit entities, except for those uses determined by Orange Village to be necessary for Orange Village purposes.
(16) General grocery stores, except that high end specialty grocery stores may be approved by the Planning and Zoning Commission in accordance with Section 1174.03 above.
(17) Outlet stores.
(18) Regulated Uses as defined by Section 735.02(e) of the Orange Village Code of Ordinances concerning Adult Entertainment Establishments.
(19) Uses generally prohibited in the Village.
(20) Outdoor display of goods sold on the premises.
(21) Restaurant with a drive-thru facility.
(22) Hotels and motels.
(Ord. 2023-16. Passed 12-6-23.)