1159.01 PURPOSE AND APPLICABILITY.

For the purposes of this Zoning Code, the following definitions for certain terms or words used herein shall be used in the interpretation of the provisions of this Zoning Code. Words used in the present tense shall include the future tense; the singular number shall include the plural and the plural the singular; the word “person” shall include a firm, association, organization, partnership, trust company or corporation; the words “used or occupied” include the words “intended, designed or arranged to be used or occupied”. The word “shall” or “will” is mandatory; and the word “may” is permissive. Any other words used and not defined herein shall be construed as having the commonly accepted meaning as defined in a standard dictionary.

(Ord. 2782. Passed 5-20-03.)

1159.02 DEFINITIONS (BEGINNING WITH LETTER “A”).

(1) ACCESS A way or means of approach to provide vehicular or pedestrian physical entrance to a property from a public right-of-way.

(2) ACCESSORY BUILDING OR STRUCTURE - A structure detached from a principal building located on the same lot and customarily incidental and subordinate to the principal building or use. Such as fences, garages, and parking spaces.

(3) ACCESSORY USE - A use that is incidental to the principal use of the building or lot.

(4) ACREAGE, NET - Land area remaining after deductions are made for, including streets, easements for access, street dedications, and similar areas.

(5) ADDITION – Any extension or enlargement of a structure that results in additional square foot area.

(6) ADULT ENTERTAINMENT USE - An establishment consisting of, including, or having characteristics of any or all of the following:

A. ADULT BOOKSTORE – An establishment having as a substantial or significant portion of its stock-in-trade books, magazines, publications, tapes, or films that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

B. ADULT CABARET – (1) An establishment devoted to adult entertainment devoted to adult entertainment, either with or without a liquor license, presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas; (2) a cabaret that features topless dancers, go-go dancers, strippers, male or female impersonators, or similar entertainers for observation by patrons.

C. ADULT MINI MOTION PICTURE THEATER – An enclosed building with a capacity for less than fifty persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical genital areas.

D. ADULT MOTION PICTURE THEATER – An enclosed building with a capacity for fifty or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to sexual activities or anatomical areas.

E. ADULT PARAPHERNALIA STORE – An establishment having as a significant portion of its stock in trade, mechanical and/or non-mechanical devices which are distinguished or characterized by their intended use for sexual arousal and / or massage of “specific anatomical areas,” as herein defined.

(7) AFFORDABLE HOUSING – Housing with purchase values or rent costs that are less than 30% of the annual household income of a household with an annual income 80% or less of the median income for Butler County as defined on the Department of Housing and Urban Development’s annually published tables.

(8) AGRICULTURE - 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.

(9) AISLE - That portion of the off-street parking and loading area that provides access to parking, cueing or loading spaces, exclusive of driveways and parking and loading spaces. Minimum aisle width to serve a loading space shall be 15 feet.

(10) ALLEY - A service, space, or roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation.

(11) 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.

(12) AMERICANS WITH DISABILITIES ACT (ADA) – An act to establish a clear and comprehensive prohibition of discrimination on the basis of disability.

(13) AMUSEMENT ARCADE – A building or part of a building in which five or more pinball machines, video games, or other similar player-operated amusement devices are maintained.

(14) ANIMAL HOSPITAL / CLINIC – A building with necessary appurtenances, for the treatment of and/or temporary occupancy of ailing animals.

(15) ANTENNA - Any panel (directional antenna), whip or rod (omni-directional antenna), dish or disc (parabolic antenna), or other similar, devices used for communications through the sending and /or receiving of electromagnetic waves. The definition of antenna does not include any support structure other than mounting brackets.

(16) APARTMENT - A dwelling unit in a multi-family building, complex, duplex, or tri-plex. (also see “dwelling”).

(17) AQUIFER – A geologic formation, group of geologic formations, or a portion of a geologic formation capable of yielding ground water to wells or springs.

(18) AQUIFER RECHARGE AREA – An area that has soils and geological features conducive to allowing significant amounts of surface water to percolate into the groundwater.

(19) AUTOMOBILE SERVICE STATION - Any building, land area, or other premises, or portion thereof, used for the retail dispensing or sales of vehicular fuels; servicing and repair of automobiles; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar vehicle accessories.

(20) AUTOMOBILE OR CAR WASH - Any building or premises or portions thereof used for washing vehicles.

(21) AUTOMOTIVE REPAIR SERVICES & GARAGES - Establishments primarily engaged in furnishing automotive repair, rental leasing, and parking services to the general public.

(22) AUTOMOBILE SALES – The display or sale of new or used passenger motor vehicles, motorcycles or trucks and where no repair work is done except minor incidental repair of passenger motor vehicles, trucks, or motorcycles to be displayed and sold on the premises.

(23) AUTOMOTIVE WRECKING - The dismantling or wrecking or used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.

(24) AWNING - A shelter supported entirely from the exterior wall of a building.

(Ord. 2782. Passed 5-20-03.)

1159.03 DEFINITIONS (BEGINNING WITH LETTER “B”).

(1) BANK - A building, or part of a building, used principally for the deposit and withdrawal of money and other financial transactions.

(2) BASEMENT - The portion of a building which is partly underground and which has one-half or more of its ceiling height above the average finished grade of the ground adjoining the building.

(3) BED & BREAKFAST - A principal use/building, sometimes the primary residence of the owner, where sleeping accommodations are offered for compensation, with or without meals, to transients occupying a room or rooms.

(4) BLOCK - A tract of land bordered on all sides by a street, or by one or more streets and a railroad right-of-way, stream, river or un-subdivided acreage.

(5) BUILDING - Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind.

(6) BUILDING, ACCESSORY

Building Height:

A. The vertical distance from the average elevation of the finished grade along the front of the building 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 the eaves and the ridge for gable, hip or gambrel roofs.

B. When referring to a telecommunications tower or steeple, sign, or other structure, the distance measured from the ground level or the structure's point of attachment (such as the roof for a residential TV antenna) to the highest point on the tower or other structure even if said highest point is an antenna.

(7) BUILDING HEIGHT - The vertical distance from the average elevation of the finished grade along the front of the building 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 the eaves and the ridge for gable, hip or gambrel roofs.

(8) BUILDING LINE - A line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from said right-of-way property line.

(9) BUILDING, MAIN - A building in which the principal use of the site is conducted.

(10) BUILDING PERMIT - A document certifying that the plans reviewed conform to the requirements of the Building Code.

(11) BUILDING, TEMPORARY - A building used temporarily for the storage of construction materials and equipment incidental and necessary to on-site permitted construction of utilities, or other community facilities, or used temporarily in conjunction with the sale of property within a subdivision under construction.

(12) BUSINESS - Retail, wholesale, and service establishments which cater to the community needs for goods and services.

A. Retail Business: The sale of products directly to the consumer for personal, household or farm use including restaurants.

B. Wholesale Business: The sale of products to retailers or to institutional, industrial, commercial and professional users.

C. Personal Service: Any enterprise conducted for gain which primarily offers services to the general public including, but not limited to, shoe repair, barbershop, beauty parlor, or doctor's office.

D. Business Services: Any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.

(13) BUSINESS INCUBATOR - An organization designed to accelerate the growth and success of entrepreneurial companies through an array of business support resources and services that could include physical space, capital, coaching, common services and networking connections.

(Ord. 3585. Passed 9-15-20.)

1159.04 DEFINITIONS (BEGINNING WITH LETTER “C”).

(1) CATERING - The supplying of prepared food, to be sold, served and consumed on premises other than those where food is prepared.

(2) CELLAR - A space with less than one-half of its floor-to-ceiling height above the average finished grade of the adjoining ground or with a floor-to-ceiling height of less than six and a half feet.

(3) CELLULAR COMMUNICATIONS SERVICES - Personal communications accessed by means of cellular equipment and services.

(4) CEMETERY - Property used for the interring of the dead, associated chapels, mausoleums, and landscaping features.

(5) CHILD DAY CARE TYPES

A. Child Day Care: Administering to the needs of infants, toddlers, preschool children and school children outside of school hours by persons other than their parents or guardians, custodians or relatives by blood, marriage, or adoption, for any part of the 24-hour day in a place or residence other than a child's own home.

B. Child Day Care Center: Any place in which child day-care is provided, with or without compensation, for 13 or more children at one time or any place that is not the permanent residence of the holder of a day-care license from the Ohio Department of Job and Family Services or the residence of the administrator in which child day-care is provided, with or without compensation, for seven to 12 children at one time. In counting children for the purpose of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises of the center shall be counted.

C. Type-A Family Day Care Home: A permanent residence of the administrator in which child day-care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child day-care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purpose of this definition, any children under six years of age who are related to a day-care licensee, administrator or employee registered with the Ohio Department of Job and Family Services, and who are on the premises of the Type A home shall be counted. "Type A family day-care home" does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is in the home of the siblings. Type A day-care facilities shall also be in accordance with the Ohio Administrative Code, Chapter 5101:2 Division of Social Services

D. Type-B Family Day Care Home: A permanent residence of the provider in which the child day-care services are provided for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purpose of this definition, any children under six years of age who are related to the provider registered with the Ohio Department of Job and Family Services and who are on the premises of the Type B home shall be counted. Children six years of age or older who are related to the provider and who are on the premises of the Type B home shall not be included in this count. A "type B home" also includes a home which is the permanent residence of both the provider and the parent. Type B day-care facilities shall also be in accordance with the Ohio Administrative Code, Chapter 5101:2 Division of Social Services

(6) CHURCH - Church, synagogue, temple, rector, parish house, meditation center, or similar building incidental to the particular use which is maintained and operated by an organized group of people for religious purposes.

(7) CITY COUNCIL - The City Council of the City of Oxford, Ohio

(8) CLEAR & CONVINCING EVIDENCE - The measure of proof which will produce a firm belief as to the allegations sought to be established.

(9) CLINIC - An establishment where patients receive medical or dental examination or treatment but are not lodged overnight.

(10) CLUB (LODGE) - A nonprofit association, other than a fraternity or sorority, of persons (bona fide members) who are organized for some common purposes and paying regular dues; not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(11) CO-LOCATION / SITE SHARING - The process of providing space for more than one user on a tower, facility, and / or site.

(12) COLLECTOR - A thoroughfare which provides for distribution of traffic between major and local streets and abutting properties, including the principal entrance and circulation routes within residential subdivisions.

(13) COMMERCIAL – Having profit as the primary aim.

(14) COMMERCIAL TYPES

A. COMMERCIAL, HEAVY - An establishment or business which generally uses open sales yards, outside equipment storage, or outside activities that generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are lumberyards, construction specialty services, heavy equipment suppliers or building contractors.

B. COMMERCIAL, LIGHT - An establishment or business which generally has retail or wholesale sales, office uses or services that do not generate noise or other impacts considered incompatible with less-intense uses. Typical businesses in this definition are retail stores, offices, catering services or restaurants.

(15) COMMERCIAL CENTER

A. COMMERCIAL CENTER, COMMUNITY - A completely planned and designed commercial development providing for the sale of general merchandise and / or convenience goods and services. A community commercial center shall provide for the sale of general merchandise, and may include a variety store, discount store or supermarket.

B. COMMERCIAL CENTER, CONVENIENCE - A completely planned and designed commercial development providing for the sale of general merchandise and / or convenience goods and services. A convenience commercial center shall provide a small cluster of convenience shops or services.

C. COMMERCIAL CENTER, NEIGHBORHOOD - A completely planned and designed commercial development providing for the sale of general merchandise and / or convenience goods and services to the immediate neighborhood. A neighborhood commercial center shall provide for the sales of convenience goods and services, with a supermarket as the principal tenant.

D. COMMERCIAL CENTER, REGIONAL - A completely planned and designed commercial development providing for the sale of general merchandise and / or convenience goods and services to the region. A regional center shall provide for the sale of general merchandise, apparel, furniture, home furnishings, and other retail sales and services, in full depth and variety.

E. COMMERCIAL, RETAIL - Sales and service establishments, which engage in the sale of general retail goods and accessory services. Businesses within this definition include those, which conduct sales and storage entirely within an enclosed structure (with the exception of occasional outdoor “sidewalk” promotions); businesses specializing in sale of either general merchandise or convenience goods.

(16) COMMISSION - The Planning Commission of the City of Oxford, Ohio.

(17) COMMUNITY RESIDENCE - A single dwelling unit occupied on a relatively permanent basis as a single housekeeping unit in the family-like environment by more than four unrelated persons with handicaps, plus paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or present on shifts.

(18) COMPREHENSIVE PLAN - The declaration of purposes, policies, and programs for the development of the jurisdiction adopted by the City Council.

(19) CONDITIONAL USE - 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.

(20) CONDOMINIUM - Land, together with all buildings, improvement, and structures thereon, including all easements, rights and appurtenances belonging thereto, which has been submitted to the provisions of Ohio R.C. Chapter 5311.

(21) CONGREGATE RESIDENCES - Apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services, and other support services appropriate for the residents.

(22) CONVALESCENT CENTER - A facility which is publicly or privately operated for long-term patient care due to illness or infirmity, including the elderly and developmentally disabled, normally employing the services of skilled and licensed practitioners, excluding hospitals.

(23) COURT, COURT YARD - Any open space, unobstructed from the ground to the sky that is bounded on two or more sides by the walls of a building that is on the same lot.

(Ord. 3168. Passed 1-17-12.)

1159.05 DEFINITIONS (BEGINNING WITH LETTER “D”).

(1) DECK - A roofless above-ground platform projecting from the wall of a building, connected by structural supports at grade or by the building structure, and primarily utilized by the occupants of a structure for outdoor enjoyment, socializing or recreation.

(2) DENSITY, GROSS - The number of dwelling units which are allowed on an area of land, which area of land shall be permitted to include dedicated streets contained within the development.

(3) DENSITY, NET - The number of dwelling units which are allowed on an area of land, excluding streets and rights-of-way.

(4) DISTRICT - A part, zone, or geographic area within the municipality within which certain zoning or development regulations apply.

(5) DISTRICT MAP - The official district map of the City of Oxford, as adopted by Oxford City Council, together with all amendments subsequently adopted by the Oxford City Council, on file in the City Building and being the official zoning map for the City.

(6) DISTRICT, ZONING - A section or sections of the City in which the regulations governing the use of land, buildings and premises, or governing the height and area requirements of buildings, are uniform.

(7) DRIVE-IN USE - An establishment that by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles. A "drive-in" shall include any car wash in which cars are either driven, pushed, or pulled through a washing apparatus, but shall not include a parking lot, nor a private, public, or storage garage, nor a gasoline station.

(8) DWELLING - A building or structure designed or occupied exclusively for non- transient residential use and permitted accessory uses for one or more households, but not including a tent, cabin, trailer, hotel, motel, or mobile home.

(9) DWELLING TYPE

A. DWELLING, EFFICIENCY - A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.

B. DWELLING, MULTIPLE UNIT - A building with three or more dwelling units in which they may or may not share common entrances and / or other spaces. Individual dwelling units may be owned as condominiums, or offered for rent.

C. DWELLING, SINGLE FAMILY - A building consisting of only one dwelling unit, detached or separated from other dwelling units by open space.

D. DWELLING, TWO FAMILY - A building consisting of two single dwelling units, detached or separated from other dwelling units by open spaces.

E. DWELLING, THREE UNIT - A structure having only three dwelling units.

F. DWELLING UNIT - One or more rooms which are arranged, designed, or occupied as living quarters for a family as a single housekeeping unit. A dwelling unit includes bathroom and kitchen facilities in addition to sleeping and living areas. Publicly accessible space separates a dwelling unit from any other dwelling unit. No doorway or perforated walls exist between dwelling units.

(Ord. 3612. Passed 1-19-21.)

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