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(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.)
(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.)
(1) EASEMENT – Authorization by a property owner for the use by another, and for a specified purpose, of some designated part of his property.
(2) EQUIPMENT BUILDINGS - Any accessory structure in which the electronic receiving and relay equipment for a wireless and cellular telecommunications facility is housed.
(3) ESSENTIAL SERVICES – Services created by the erection, construction, alteration, or maintenance by public utilities or governmental agencies, of underground or overhead, gas, electrical, steam or water transmission or distribution systems, collection, communication, supply, or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment for the furbishing or adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings other than accessory buildings.
(Ord. 2782. Passed 5-20-03.)
(1) FAMILY - In all districts (zones), a family shall be a person living alone, or two or more persons related by blood, marriage or adoption, including minor children in the lawful custody of an adult member of members of the family, living together as a single housekeeping unit and occupying a single dwelling unit, or a group of not more than four unrelated persons living together as a single housekeeping unit occupying a single dwelling unit and using only common entrances and exits.
(2) FAMILY COMMUNITY RESIDENCE - A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of no more than four persons (at least three of whom are unrelated persons with handicaps), plus up to one paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or present on shifts.
(3) FARM ANIMALS - Animals other than household pets that shall be kept and maintained for commercial production or sale; or family food production, education, or recreation. Farm animals are identified by these categories: large animals, e.g., horses and cattle; medium animals, e.g., sheep, goats, pigs; or small animals, e.g., rabbits, chinchillas, chickens, turkeys, pheasants, geese, ducks, and pigeons.
(4) FARM IMPLEMENT SALES - The retail sales and service of mechanical equipment customarily used for agricultural purposes.
(5) FLOOD PLAIN AREA - Those lands in the City of Oxford, Ohio, that are subject to flood hazards as determined on the Federal Emergency Management Agency or the Butler County Soil & Water Conservation District or both.
(Ord. 2782. Passed 5-20-03.)
(6) FLOOR AREA, GROSS - The sum of the gross horizontal areas of all floors of a building or structure from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but excluding any space where the floor-to-ceiling height is less than six feet. The gross floor area ratio includes all stairways that serve multi-story buildings.
(Ord. 3324. Passed 8-18-15.)
(7) FLOOR AREA, NET - The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public. (Ord. 2782. Passed 5-20-03.)
(8) FLOOR AREA RATIO (FAR) - The gross floor area of all buildings or structures on a lot divided by the total lot area, excluding any land vacated by Ordinance No. 103 (16 1/2 foot vacated right-of-way). (Ord. 3018. Passed 10-7-08.)
(9) FOOTPRINT – Horizontal area within and including the exterior walls of a structure.
(Ord. 2782. Passed 5-20-03.)
(10) FRATERNITY/SORORITY HOUSE - A building that is occupied by a group of enrolled Miami University students who are active members of a fraternal organization recognized by Miami University. These organizations shall be limited to fraternities, sororities, and like groups approved by Miami University for communal off-campus living on that site. Occupancy exception: may include employees or agents of the organization not to exceed three (3) persons.
(Ord. 3168. Passed 1-17-12.)
(11) FRONTAGE - The width of a lot or parcel abutting a public right-of-way measured at the front property line.
(Ord. 2782. Passed 5-20-03.)
(1) GASOLINE SALES (SERVICE STATION) – The premises, including the buildings and equipment, used for the retail sale of products, other than liquefied petroleum gases, for the propulsion of motor vehicles, and in addition thereto, may include the following:
A. The sale of kerosene, package naphtha, Stoddard solvent, lubricants, tires, batteries, anti-freeze, and items of motor vehicle accessories customarily associated with such retail business;
B. Lubricating of motor vehicles;
C. Rendering of services, including making of adjustments and repairs other than major repairs to motor vehicles;
D. Washing, polishing, and application of wax and similar protective finishes.
(2) GRADE
A. For buildings having walls facing one street only, the elevation of the sidewalk at the center of the wall facing the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk and the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. Where no sidewalk exists, the grade shall be that which has been established by the City Engineer.
(3) GREENHOUSE - A building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See NURSERY. A non-commercial greenhouse shall be considered an accessory building.
(4) GROSS LEASABLE AREA (GLA) - The total floor area for which the tenant pays rent and that is designed for the tenant’s occupancy and exclusive use.
(5) GROUP COMMUNITY RESIDENCE - A single dwelling unit occupied on a relatively permanent basis in a family-like environment by a group of more than four but not greater than eight unrelated persons with handicaps, plus up to one paid professional support staff provided by a sponsoring agency either living with the residents on a 24-hour basis or present on shifts.
(Ord. 2782. Passed 5-20-03.)
(1) HABITABLE SPACE - Space in a structure for living, sleeping, eating or cooking. Bathrooms, toilet compartments, closets, and halls.
(2) HANDICAP - With respect to a person, a physical or mental impairment which substantially limits one or more major life activities, a record of such an impairment, or being regarded as having such an impairment. This definition does not include current illegal use of, or addiction to, a controlled substance. For purposes of this part, an individual shall not be considered to have a handicap solely because that individual is a transvestite. As used in this definition:
A. "Physical or mental impairment" includes: Any physiological disorder or condition, cosmetic disfigurement, or anatomical loss affecting one or more of the following body systems: Neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive, genitourinary, hemic and lymphatic; skin, and endocrine; or any mental or psychological disorder such as mental retardation, organic brain
syndrome, emotional or mental illness, and specific learning disabilities. The term "physical or mental impairment" includes but is not limited to such diseases and conditions as orthopedic, visual, speech and hearing impairments, cerebral palsy, autism, epilepsy, muscular immunodeficiency virus infection, mental retardation, emotional illness, drug addiction (other than addiction caused by current illegal use of a controlled substance) and alcoholism.
B. "Major life activities" - functions such as caring for one's self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning and working.
C. "Has a record of such an impairment" - has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits one or more major life activities.
D. "Is regarded as having impairment":
1. Has a physical or mental impairment that does not substantially limit one or more major life activities but that is treated by another person as constituting such a limitation;
2. Has a physical or mental impairment that substantially limits one or more major life activities only as a result of the attitudes of others toward such impairment; or
3. Has none of the impairments defined in subsection 1159.09 (2) of this definition but is treated by another person as having such an impairment.
(3) HEDGE - A dense row of shrubs, grasses or low trees.
(4) HOME OCCUPATION - A service occupation conducted within a dwelling unit by the residents.
(5) HOSPITAL - An institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, out-patient department, training facilities, central service facilities, and staff offices which are an integral part of the facility.
(6) HOTEL - A commercial facility offering transient lodging accommodations to the general public and providing additional services, such as restaurants, meeting rooms, entertainment, and recreational facilities.
(7) HOUSEHOLD ANIMALS - Dogs, cats, rabbits, birds and chickens for non-commercial family use only. (Ord. 3102. Passed 2-2-10.)
(1) IMPERVIOUS SURFACE - A surface which has been compacted or covered with a layer of material so that it is resistant to infiltration by water, including semi-pervious surfaces such as compacted clay, gravel, most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.
(2) INDUSTRIAL PARK - A tract of land that is planned, developed, and operated as an integrated facility for a number of individual industrial uses, with consideration to transportation facilities (rail and highway), circulation, parking, utility needs, aesthetics, and compatibility.
(3) INSTITUTION - Buildings or land occupied by a non-profit corporation or a non- profit establishment for public or semi-public use including community residence living arrangements for more than twelve unrelated individuals.
(4) INTENSITY - The measure of collective activities related to the principal use within a building or site based upon trip generation, number of employees (ex. Barber chairs, mechanical lifts, number of shifts, and hours of operation.)
(Ord. 3207. Passed 3-19-13.)
(1) JUNK STORAGE OR SALES - Any lot, land, or structure, or part thereof, used primarily for the collection, storage and sale of waste paper, rags, scrap metal, or discarded material, or for the collecting, dismantling, storage, or salvaging of machinery or vehicles not in operating condition, and for the sale or parts thereof.
(Ord. 2782. Passed 5-20-03.)
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