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(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.)
(1) LAND USE PLAN - See definition of Comprehensive Plan
(2) LANDSCAPING - Changing, rearranging, or adding to the original vegetation or scenery of a piece of land to produce, an aesthetic effect appropriate for the use. It may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation.
(3) LIVESTOCK - Includes, but is not limited to, horses, bovine animals, sheep, goats, swine, reindeer, donkeys, mules, and any other hoofed animals.
(4) LOADING SPACE - An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and which abuts upon a street, alley or other appropriate means of access.
(5) LODGING HOUSE - A dwelling where lodging, but not meals, is provided for compensation for no more than 12 persons who are not transients or members of the owner's family, and do not live as a single housekeeping unit in a family-like environment on a relatively permanent basis, and in which no cooking or dining facilities are provided in individual rooms.
(6) LOT - A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be separately owned, used, developed, or built upon.
(7) LOT AREA - The total horizontal area within the lot lines of the lot except any portion in the right-of-way of any public thoroughfare.
(8) LOT CONSOLIDATION - The joining together of two or more lots, sites, tracts, or parcels into one or more lots.
(9) LOT, CORNER - A lot abutting upon two or more streets at their intersection or upon which two parts of the same street form an interior angle of les than 135 degrees. The point of intersection of the lines is the corner.
(10) LOT, COVERAGE - The ratio, expressed as a percentage, of the sum of the enclosed ground floor area of all buildings and all decks, porches, driveways, and parking areas, to the total area of the lot.
(11) LOT, DEPTH - The horizontal distance between the front and rear lot lines, measured along the median between the two side lot lines.
(12) LOT, INTERIOR - A lot other than a corner lot.
(13) LOT, IRREGULAR - A lot whose opposing property lines are generally not parallel, such as a wedge shaped lot on a cul-de-sac, or where the side property lines are not parallel to each other.
(14) LOT LINE - The legal demarcation between properties either public or private.
(15) LOT LINE
A. FRONT - The lot line separating an interior or through lot from the street or streets upon which it abuts. For a corner lot, both lot lines abutting the streets are considered front lot line.
B. REAR - A lot line parallel to, or within 45 degrees of being parallel to, the front lot line, which does not abut upon a street. The rear lot line may abut upon an alley.
C. SIDE - Any other lot line other than a front or rear lot line.
(16) LOT OF RECORD - Real estate recorded in the deed records in the office of the Butler County Recorder as a distinct lot or parcel, the description of which is complete and sufficient, in and of itself, for conveyance purposes without combination with other lots or parcels; or real estate recorded in the subdivision of lots records of the Butler County Recorder's office as a distinct lot or parcel capable of being conveyed without a combination with other lots or parcels.
(17) LOT SPLIT - Any division of land into less than three lots, sites, tracts or parcels.
(18) LOT, THROUGH - An interior lot having frontage on two or more streets.
(19) LOT WIDTH - That distance from the point of intersection of one side lot line and the required front setback line, measured in a straight line to the point of intersection of the opposite side lot line and the required front setback line.
(Ord. 3447. Passed 11-21-17.)
(1) MANUFACTURED HOME - A structure, transportable in one or more sections, which in the traveling mode is eight fee or more in width or 40 feet in length, or when erected on site is 320 square feet or more, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. (See Ohio Revised Code)
(2) MANUFACTURING.
A. MANUFACTURING, HEAVY - All other types of manufacturing not included in the definitions of light manufacturing and medium manufacturing.
B. MANUFACTURING, LIGHT - The manufacturing, compounding, processing, assembling, packaging, or testing of goods or equipment, including research activities, conducted entirely within an enclosed structure, with no outside storage, serviced by a modest volume of trusts or vans and imposing a negligible impact on the surrounding environment by noise, vibration, smoke, dust or pollutants.
C. MANUFACTURING, MEDIUM - The manufacturing, compounding, processing, assembling, packaging or testing of goods or equipment within an enclosed structure or an open yard that is capable of being screened from neighboring properties, serviced by a modest volume of trucks or other vehicles.
(3) MARQUEE - Any hood, canopy, awning, or permanent construction that projects from a wall of a building without ground mounted supports, usually above an entrance.
(4) 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 massage therapist duly licensed by the State of Ohio, nor barbershops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder.
(5) MILE SQUARE - The area bounded and described as follows: Beginning at the intersection of Chestnut Street and Patterson Avenue; thence northwardly with the centerline of Patterson Avenue to a point, which was the 1976 North Corporate line; thence with the 1976 North Corporate line to a point in the centerline of Brown Road; thence southwardly with the centerline of Brown Road to a point in the centerline of Sycamore Street; thence westwardly with the centerline of Sycamore Street to a point in the centerline of Locust Street; thence with the centerline of Locust Street southwardly to a point in the intersection of the centerline of Chestnut Street and Locust Street; thence with the centerline of Chestnut Street eastwardly to the place of beginning.
(6) MINI-WAREHOUSE (SELF-STORAGE UNITS) - A building or group of buildings consisting of individual, small, self-contained units that are leased or owned for the storage of business and household goods.
(7) MINOR REPAIR - The renewal or replacement of any part of a building in keeping with the existing type of construction, arrangement of parts, and occupancy of the building, for maintenance purposes only, when the structural, plumbing, gas piping, wiring, heating, or ventilation branches of the building are not affected; but not including any additions or replacement of entire segments of a structure, structural alterations, or any changes affecting safety, required exit facilities, or use.
(8) MOBILE HOME - A self-propelled or non-self-propelled vehicle so designed, constructed or added to by means of accessories in such manner as will permit the use and occupancy therein for habitation, whether resting on wheels, jacks or other foundations and used or so constructed as to permit its being used as a conveyance upon the public highway.
(9) MOBILE HOME PARK - Any premises occupied by, or designed to be occupied by, more than one family in mobile homes, tents, camp cars or similar facilities, and including any roadway structure, vehicle or enclosure used or intended for use as a part of the facilities of such Mobile Home Park.
(10) MOBILE HOME SALES - An open area, other than a street, used for the display or sale of new or used mobile homes and where no repair work is done except minor incidental repair of mobile homes to be displayed and sold on the premises.
(11) MODEL HOME - A dwelling temporarily used as a sales office for a residential development under construction; said home being used for on-site sales and not for general real estate business.
(12) MODULAR HOME - A factory-built home, other than a manufactured home, which meets all of the following requirements:
A. Is designed only for erection or installation on a site-built permanent foundation;
B. Is not designed to be moved once so erected or installed;
C. Is designed and manufactured to comply with a nationally recognized model building code or an equivalent local code, or with a state or local modular building code recognized as generally equivalent to building codes for site-built housing; or
D. To the manufacturer's knowledge, is not intended to be used other than on a site-built permanent foundation.
(13) MOTEL - An establishment providing sleeping accommodations for transients with a majority of all rooms having direct access to the outside without the necessity of passing through the main lobby of the building.
(Ord. 3296. Passed 12-16-14.)
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