This section applies to all sections in Title Twelve of these Codified Ordinances, including the Access Code, the Thoroughfare Plan, the Development Regulations and the Zoning Code.
(1) Accessory dwelling unit. "Accessory dwelling unit" means a portion of a dwelling unit designed as an auxiliary dwelling unit that may have its own entrance. Such unit shall be no more than twenty-five percent of the occupiable space of the principal structure, excluding garage and basement, and shall be occupied only by a dependent family member of the owner of the principal structure.
(2) Accessory structure (ancillary structure). "Accessory structure" means any structure which is a usual and customary support use to a principal use, such as a garage, shed or dumpster.
(3) Acre. "Acre" means a measure of land area equal to 43,560 square feet.
(4) Activity space. "Activity space" means floor space provided in a child care facility that is designed, intended for use or used primarily for an open play or general care area.
(5) Administration Officer. "Administration Officer" means the Chief Zoning Official of the Municipality, who is the City Manager or his or her designee, either of whom is referred to as the "City Manager" or the "Development Services Director" in this Code.
(6) Adult arcade. "Adult arcade" means any place to which the public is permitted invited, wherein coin-operated or slug-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
(7) Adult bookstore or adult video store. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration, any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, which materials have, as their major or dominate theme, matter which depicts or describes specified sexual activities or specified anatomical areas; or
B. Instruments, devices or paraphernalia which are designed for use in connection with specified sexual activities.
(8) Adult cabaret. "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
A. Persons who appear and display specified anatomical areas or engage in specified sexual activities;
B. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
C. Films, motion pictures, video cassettes, slides or other photographic reproductions, which materials have, as their major or dominant theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(9) Adult motel. "Adult motel" means a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration and which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions, which materials have, as their major or dominant theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, and which has a sign visible from the public right-of-way, which advertises the availability of this adult type of photographic reproductions.
(10) Adult motion picture theater. "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, which materials have, as their major or dominant theme, matters which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
(11) Adult theater. "Adult theater" means a theater, concert hall, auditorium or similar commercial establishment which regularly features live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.
(12) Adult video store. See "Adult bookstore."
(12A) Alley. "Alley" means a private driveway that is parallel to a public street and shall be sixteen feet in width. Half the alley width may be considered as part of the rear yard.
(13) Animal/veterinary clinic; animal hospital; pet care facility; pet medical center. "Animal/veterinary clinic," "animal hospital," "pet care facility" and/or "pet medical center" means:
A. Without boarding. A veterinary facility offering clinical and/or sick care facilities for pets by a licensed veterinarian. Overnight boarding may be provided on a very limited basis and only for pets requiring veterinary care due to injury or illness. Such a facility shall not provide services for livestock.
B. With boarding. A veterinary facility offering a full range of service for both sick and/or injured pets, as well as a full line of related services, including boarding, grooming and training. Such a facility shall not provide services for livestock.
(13A) Assisted living facility. "Assisted living facility" means a long-term care alternative for senior citizens or the developmentally disabled needing more assistance than is available in a retirement community but who do not require the heavy medical and nursing care provided in a nursing home facility. Security, independence, privacy and physical and social well-being is the primary characteristic of an assisted living setting.
(14) Auto fuel services. "Auto fuel services" means commercial establishments which provide, as their primary activity, the sale of fuel for motor vehicles.
(15) Automotive service/repair. "Automotive service/repair" means commercial establishments which provide, as their primary activity, the repair of motor vehicles, including the rebuilding or reconditioning of engines and/or transmissions, and/or collision services, and/or body or frame straightening or repair, and/or overall painting of vehicles.
(16) Automotive vehicles and equipment rental. "Automotive vehicles and equipment rental" means establishments, which provide, as their primary activity, the short-term rental of automobiles and/or other motor vehicles and/or other heavy equipment.
(17) Automotive vehicles and equipment retail. "Automotive vehicles and equipment retail" means commercial establishments, which provide, as their primary activity, the sale or lease of automobiles and/or other motor vehicles and/or other heavy equipment such as auto sales, farm equipment sales, truck sales, boat or recreational vehicle sales, but not including the short-term rental of such vehicles and equipment.
(18) Awning. "Awning" means a non-load bearing roof like cover of canvas, similar fabric or standing seam metal roof over a frame, designed and intended for protection from the weather or as a decorative embellishment, which projects from a wall or roof of a structure over a window, walk, or door, and is supported entirely by attachment to a building wall.
(19) Bars. "Bars" means commercial establishments that provide, as their primary activity, the sale of alcoholic beverages for consumption on the premises inside of a building or structure.
(20) Base district. "Base district" means general zoning standards for a specific zoning district classification, excluding planned districts or special district designations.
(21) Bi-level house. "Bi-level house" means a two-story structure for residential use, with the first story below grade level. A bi-level house shall meet the required minimum dwelling size for a one story house. Only the totally above grade story of a bi-level house shall be included in calculating the total square footage for purposes of permit issuance.
(22) Borrow pit. "Borrow pit" means a lot or parcel of land or part thereof used for the purpose of extracting sand, gravel or topsoil for sale or use at another place and exclusive of the process of grading a lot preparatory to the construction of a permitted building.
(23) Buffer/buffer zone. "Buffer/buffer zone" means a landscaped area adjoining or surrounding a land use and unoccupied in its entirety by any building or structure.
(24) Building. "Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property. When separated, except by nonstructural dividing walls, each portion of such building so separated may be deemed a separate building. See "Structure."
(25) Building, height of. "Height of building" means the vertical distance measured from the established grade of the front building line of the structure to the highest point of the roof or the highest point of any part of the structure, whichever is higher.
(26) Building, line. See "Setback line."
(27) Business retail. "Business retail" means commercial establishments that provide, as their primary activity, the sale of goods and/or services to other commercial establishments. These uses are completely contained within a building. Examples are an office furniture store and a uniform service.
(28) Cemetery. "Cemetery" means land used or intended to be used for the burial of the human dead and lawfully dedicated for cemetery purposes.
(29) Channelization structure. "Channelization structure" means any physical structure (curb, island, median) which serves to direct the flow of traffic.
(30) Child care. See "Day care center."
(31) Religious. "Religious" means a building used principally for religious worship.
(32) Collector street. "Collector street" means a thoroughfare, located in any district which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within a subdivision.
(33) Commercial driveway. "Commercial driveway" means a private driveway providing access to one commercial, industrial or institutional building.
(34) Commercial entertainment. "Commercial entertainment" means commercial establishments that provide, as their primary activity, space for various types of sporting and/or leisure activities. These uses are completely contained within a building. Examples are movie theaters, skating rinks, bowling alleys and health spas.
(35) Commercial establishment. "Commercial establishment" means a designated structure in which an activity, intended for financial profit of the operator, is carried on.
(36) Commercial training. "Commercial training" means commercial establishments (excluding public or private high schools, accredited colleges or universities) which provide, as their primary activity, any type of training, whether vocational, self-help or special interest, to the public for a fee. These uses are completely contained within a building. Examples are dance studios, beauty schools and martial arts establishments.
(37) Commonly-owned adjacent land. "Commonly-owned adjacent land" means subdivided land which is adjacent to a lot submitted for variance and which is owned by the subdivider/developer of the subdivision in which the lot is located.
(38) Community arterial street. "Community arterial street" means a roadway within the Municipality that is designated to carry a moderate to heavy amount of traffic.
(39) Community center. "Community center" means a facility designed, intended for use or used primarily as a social or recreational facility, operated on a nonprofit basis.
(40) Compatible. "Compatible" means consistent; agreeing or accordant; not self-contradictory specifically as it relates to land uses, color, architecture and/or aesthetic.
(41) Comprehensive development plan. "Comprehensive development plan" means a plan or any portion thereof adopted by the Planning and Zoning Commission showing the general location and extent of present and proposed physical facilities such as housing, industrial and commercial uses, streets, parks, schools and other community facilities. When accepted by Council, this plan establishes the land use goals and objectives of the community.
(42) Concept plan. "Concept plan" means a generalized map and plan showing the approximate locations, use density and other uses of land, including, but not limited to, buildings, streets and landscaping.
(43) Conditional use. "Conditional use" means a use permitted within a zoning district, other than a principally permitted use, which is required to fulfill additional requirements because of its impact on the community.
(44) Condominium. "Condominium" means a system of separate ownership of individual units in multiple-unit buildings. "Condominium" also means a single real property parcel with all the unit owners having a right in common to use the common elements with separate ownership confined to the individual units which are serially designated.
(45) Consumer retail. "Consumer retail" means commercial establishments (excluding restaurants and motor vehicle establishments) which have, as their primary activity, the sale of goods to the general public. These uses are completely contained within a building or structure. Examples are clothing stores, drug stores, hardware stores and florists.
(46) Corner lot. "Corner lot" means a lot located at the intersection of two or more streets.
(47) Covenant. "Covenant" means a written promise or pledge.
(48) Cul-de-sac. "Cul-de-sac" means a relatively short street with one end open to vehicular traffic and the other terminating in a vehicular turnaround.
(49) Culvert. "Culvert" means a transverse drain that channels under a street, driveway or bridge.
(50) Day care center. "Day care center" is defined in Ohio R.C. 5104.01.
(51) Dead end street. "Dead end street," also known as a "stub street," means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
(52) Deck. "Deck" means a horizontal floor or platform attached to a principal structure.
(53) Density. "Density" means a unit of measurement, specifically the average number of dwelling units per acre of land.
(54) Density, high residential. "High residential density" means land designated for residential purposes which does not exceed an average gross density per acre of ten dwelling units.
(55) Density, low-residential. "Low-residential density" means land designated for residential purposes which does not exceed an average gross density per acre of three dwelling units.
(56) Density, medium residential. "Medium residential density" means land designated for residential purposes which does not exceed an average gross density per are of six dwelling units.
(57) Detached. "Detached" means not connected in any manner by walls, structural support, roofs or architectural features.
(58) Developer. "Developer" means any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under this Code to effect the development of land hereunder for himself or herself or for another.
(59) Development plan. "Development plan" means a site plan for all uses and zonings except AGR, R1, R2 and lots under 10,000 square feet, which includes additional information required by the Development Services Director.
(60) Disabled vehicle. "Disabled vehicle" means any motor vehicle that cannot move under its own power. An unlicensed vehicle is considered a disabled vehicle.
(61) Double frontage. "Double frontage" means a lot having a frontage on two nonintersecting streets.
(62) Down zoning. "Down zoning" means rezoning of all or part of a property from a more intense zoning district to a district of lower residential density or less intense commercial or industrial usage.
(63) Drive-thru retail. "Drive-thru retail" means commercial establishments that provide some portion of their goods or services for use to the general public at an outside or inside service window from within or outside a motor vehicle. Such goods or services may also be obtained within the building. Examples are drive-thru party stores, banks, ice cream stores and fast food restaurants.
(64) Driveway. "Driveway" means a private access road. See also "commercial driveway," "industrial driveway" and "residential driveway."
(65) Dwelling size.
A. "Dwelling size" (for Zoning Code compliance) means the gross floor area of each story of a building above grade, as measured from the outside walls, excluding attic and crawl-space areas, garages, unheated porches and storage areas, and similar spaces.
B. "Dwelling size" (for Building Code compliance) means size based on floor or surface area to be computed as follows:
1. For all floor or surface areas, including garage, carport, basement, cellar and subcellar floors, by measuring the outside dimensions at each floor level.
2. Crawl spaces and attic areas shall not be included.
3. In buildings or areas where there are no walls, the area enclosed by the outside dimensions of the supporting columns shall be included.
4. In buildings or areas where a roof is supported by a single row of columns, the horizontal projected area of the roof shall be included.
(66) Dwelling unit. "Dwelling unit" means a building or portion thereof designed, intended or used primarily for residential purposes, including cooking, sanitary facilities and sleeping space. This term does not include a tent, cabin, trailer, mobile home, motel or hotel.
(67) Easement. "Easement" means authorization by a property owner for the use by another, for a specific purpose, of any designated part of his or her property.
(68) Elderly housing. "Elderly housing" means grouped dwelling units designed, constructed and intended for the exclusive use of persons who meet age or health constraints of Federal or Ohio laws or regulations which provide for such exclusionary housing.
(69) Engineer. "Engineer" means any person registered by the State as a professional engineer under Ohio R.C. 4733.14. "The Engineer" means the officially appointed engineer under Section 5.05 of the City Charter.
(70) Essential elements. "Essential elements" means those facilities designated by the Engineer as essential for the safe and healthful occupancy of a building or structure, such as, but not limited to: water services, sanitary sewers, storm water systems, detention and/or retention systems, natural gas services, electrical services, street lights, streets and access roads.
(71) Family. "Family" means an individual or two or more persons related by blood, marriage or law, or a group of not more than five persons who need not be related, living together in a dwelling unit.
(72) Family care home. "Family care home" means a residential facility for the case of not more than four individuals living in a single housekeeping unit who cannot live completely independently due to a developmental disability or other physical or emotional disability.
(73) Family swimming pool. "Family swimming pool" means a swimming pool intended for use only by members of the household and guests and not for commercial or public purposes.
(74) Family tennis court. "Family tennis court" means tennis courts intended to be used only by members of the household or guests and not for commercial or public purposes.
(75) Farm market. "Farm market" means a building or structure designed, used or intended to be used for the display and/or sale of produce, whether or not such produce is raised on farms owned or operated by the farm market operator, provided, however, that at least fifty percent of the gross income derived from the farm market is from produce raised on farms owned or operated by the farm market operator.
(76) Fence. "Fence" means a hedge or structure serving as an enclosure, barrier or separation between portions of a single property or between two contiguous properties. The meaning of the word "fence" does not include landscaping features such as split-rail or picket structures bordering entrance stoops, nor such structures at corners of lots, provided that they do not exceed ten linear feet in any direction and do not exceed twenty-five percent opacity, or are not more than two feet in height, so as not to interfere with clear vision at intersections or vehicular access points. Any person wishing to install a fence shall first make application to the Director of Planning and Zoning for a permit to erect a fence, on a form to be promulgated by the Director of Planning and Zoning.
(77) Fire lane. "Fire lane" means a space adjacent to a building as designated by the Fire Department or Development Services Director for the efficient and effective use of fire apparatus. Such area shall be kept free of obstructions and vehicles and shall be marked in an approved manner.
(78) Foster care facility. "Foster care facility" means a residential care facility for not more than five juveniles who are unable to be cared for by their parents or legal guardians. This definition excludes permanent foster care placement in a nuclear family situation.
(79) Front yard. "Front yard" means the space extending across the entire front of a lot between the required building setback lines and the street right-of-way line.
(80) Frontage. "Frontage" means the length of a property as measured along the right-of-way line of any public street.
(81) Game court. "Game court" means an indoor or outdoor recreational facility designed to be used for court games such as tennis, basketball or volleyball.
(82) Garage. "Garage" means an accessory structure intended to be used primarily, but not exclusively, for the storage of motor vehicles.
(83) Garage sale. "Garage sale" means the incidental sale of used or unbred household goods accumulated in the process of housekeeping, limited to two such events per household per calendar year, including yard sales and porch sales.
(84) Garbage. "Garbage" means any material thrown away or rejected as useless, such as waste food, animal and vegetable material, excrement, offal, waste, trash or rubbish, broken and/or scattered debris and residue from material such as ash or compacted materials.
(85) Garbage and refuse handling. "Garbage and refuse handling" means the storage, incineration, transfer, sorting or use of garbage.
(86) General industry. "General industry" means commercial establishments that provide, as their primary activity, space for the assembly or processing of raw materials through finished goods. Such uses are permitted outdoor storage and/or outdoor operations. Examples are fertilizer manufacturing, smelting and auto parts assembly.
(87) General retail. "General retail" means commercial establishments (excluding restaurants and motor vehicles) that have, as their primary activity, the sale of goods to the general public. These uses may include some outside display and/or storage space. Examples are garden shops, building supply and contractor showrooms.
(88) Grain silo. "Grain silo" means a structure intended specifically for the storing of grain, seed, feed or similar agricultural products or substances.
(89) Gross density. "Gross density" means the average number of dwelling units per acre of the total land to be developed, excluding dedication for public arterial streets.
(90) Half story. "Half story" means a story above a first story and immediately under a gable, hip or gambrel roof, the ceiling of which follows the roof line for a portion of its height.
(91) Hedge. "Hedge" means a linear massing of closely-spaced shrubs, which combines to form a relatively solid vegetative wall.
(92) Highway Director. "Highway Director" means the Director of the Ohio Department of Transportation or his or her authorized agent.
(93) Home occupation. "Home occupation" means any occupation or profession carried on in a residential dwelling by a member of the immediate family residing at the premises. One nonfamily member may be employed. Such activity shall be clearly incidental to the residential use and shall cause no change to the exterior of the dwelling or accessory structure on the property.
(94) Homeowners association. "Homeowners association" means a private organized group of homeowners established by a developer, group of developers or group of resident homeowners. One of the purposes of such association may be to own, operate and/or maintain various common properties such as open space, private streets, private amenities or recreation facilities.
(95) Hospital. "Hospital" means an establishment for the medical, surgical or psychiatric care of bed patients for a continuous period longer than twenty-four hours, which is open to the general public twenty-four hours each day for emergency care, has a minimum of ten patient beds, has an average of 2,000 patient days per annum and has on duty not fewer than one registered nurse at all times.
(96) Improvement. "Improvement" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(97) Incorporated territory. "Incorporated territory" means land included within the boundaries of the Municipality.
(98) Industrial driveway. "Industrial driveway" means a driveway the main purpose of which is serving truck movements to and from loading docks of an industrial facility, warehouse or truck terminal.
(99) Interior lot. "Interior lot" means a lot other than a corner lot with only one frontage on a street.
(100) Junk. "Junk" means any personal property which is bought, bartered, acquired, possessed, collected, accumulated, dismantled, stored or stored for re-use or resale such as salvage metal, metal alloys, metal compounds and/or combinations, used or salvaged fabric, fibers, bags, paper, rags, glass, latex, rubber, plastic, used or salvaged motor vehicles which are primarily used for parts or scrap metal and similar or dated articles or property.
(101) Junk yard/salvage yard. "Junk yard/salvage yard" means a place where a person buys, exchanges, collects, receives, stores, accumulates, sells or transfers junk as defined herein.
(102) Kennel. "Kennel" means any structure or group of structures used primarily for the shelter of four or more dogs and/or other domesticated animals.
(103) Light industry. "Light industry" means commercial establishments that provide, as their primary activity, space for the assembling or processing of semifinished material to a final product, which may include final packaging. Such uses may have outdoor storage space, provided, however, that all operations are carried on in a completely enclosed building and comprise a part of use group F-1 or F-2 of the OBC. Examples are beverage bottling, food processing and electrical work.
(104) Livestock. "Livestock" means domestic animals, such as horses, cattle, sheep or fowl, ordinarily found on farms and kept for their services or raised for food and other products or kept for recreational purposes. Dogs, cats and birds commonly kept as pets are excluded.
(105) Local road. "Local road" means a road which serves primarily for providing access to residential, commercial or other abutting property.
(106) Location map. See "Vicinity map."
(107) Lot. "Lot" means a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street or on an approved private street and may consist of:
A. A single lot of record;
B. A portion of a lot of record; or
C. A combination of complete lots of record, or of complete lots of record and portions of lots of record, or of portions of lots of record.
(108) Lot coverage. "Lot coverage" means that portion of a lot covered by an impervious material, including structures, paved parking areas, driveways, etc.
(109) Lot frontage. "Lot frontage" means that portion of a lot that is nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be provided as required by this Code.
(110) Lot lines. "Lot lines" means the property lines bounding a lot.
(111) Lot measurements. A lot shall be measured as follows:
A. The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
B. The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line, provided, however, that the width between lot lines at their foremost points (where they intersect with the street line) shall not be less than eighty percent of the required lot width.
(112) Lot, minimum area of. "Minimum area of a lot" means the minimum required area of a lot computed exclusive of any portions of the right-of-way of any public or private street. The area of a lot is regulated in all zoning districts for width and may be regulated for depth.
(113) Lot of record. "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(114) City Manager. "City Manager" means the Chief Executive Officer of the Municipality.
(115) Medical and health related services. "Medical and health related services" means commercial and noncommercial establishments that provide, as their primary activity, health-related services to the general public on an outpatient basis. Such uses shall not provide space for overnight treatment and comprise a part of use group B of the OBC. Examples are doctors' offices, emergency clinics and dentists' offices.
(116) Minor subdivision. "Minor subdivision," also known as a lot split, means a division of a parcel of land that does not require a plat to be approved by a planning authority.
(117) Mobile sign. "Mobile sign" means a sign or graphic mounted on a vehicle, or equipped with its own wheels, tracks or runners.
(118) Monument. "Monument" means a permanent concrete or iron marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(119) Multi-family dwelling. "Multi-family dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by more than three families living independently of each other. The three primary multi-family dwelling styles which are defined in this Zoning Code are: townhouse, condominium and row house.
(120) Multi-use path. "Multi-use path," also known as a bike path, means a dedicated public way for bicycle and pedestrian traffic, whether along the side of a road or not.
(121) Net density. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(122) Nonconforming. "Nonconforming" means a building, structure, premises or use thereof, legally existing and/or used at the time of adoption of this Code or any amendment thereto, which does not conform with the use regulations for the district where it is located.
(123) Nude model studio. "Nude model studio" means any place where a person displays specified anatomical areas to be photographed by other persons who pay money or any form of consideration.
(124) Nursing home. "Nursing home" means an establishment that provides full-time convalescent or chronic care, or both, for three or more individuals who are not related by blood or marriage to the operator and who, by reason of chronic illness or infirmity, are unable to care for themselves. No care for the acutely ill, or for surgical or obstetrical services, shall be provided in such a home. A hospital shall not be construed to be included in this definition.
(125) OBC. "OBC" means the Ohio Building Code, latest edition, as adopted by the Ohio Board of Building Standards.
(126) Office/administrative space. "Office/administrative space" means floor space provided in a building designed, intended or used primarily for office functions.
(127) One and a half story house. "One and a half story house" means a structure for residential use with a half-story, as defined in this Zoning Code, located above the first story. A one and a half story house shall meet the required minimum dwelling size for a two-story house.
(128) One story building. "One story building" means a building that has its total square feet area at one elevation, exclusive of foundation or basement areas.
(129) Opaqueness. "Opaqueness" means the degree to which a wall, fence, structure or landscaping is solid or impenetrable to light or vision in a generally uniform pattern over its surface.
(130) Open space. "Open space" means an area substantially open to the sky, which may be on the same lot as a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts or other recreational facilities. Streets, structures for habitation and the like shall not be included.
(131) Original tract. "Original tract" means a contiguous quantity of land held in common ownership that has not been replatted by the existing owner or prior owners since April 7, 1970.
(132) Outhouse. "Outhouse" means any structure or shed used as a permanent outdoor toilet, without running water and/or an approved sewer or septic system.
(133) Overlay district. "Overlay district" means a zoning district that applies special regulations to an area in addition to or in place of its base district regulations.
(134) Owner occupied. "Owner occupied" means a structure or site which is occupied by the owner of record, or by the owner by reason of a land contract, as a personal residence or a proposed structure which will be so occupied.
(135) Pac. "Pac" means a building site prepared by artificial means, including, but not limited to, grading, excavation or filling, or any combination thereof.
(136) Parking space. "Parking space" means an off-street space, either within a structure or in the open, available for the parking of one motor vehicle and having an area of not less than nine feet by eighteen feet, exclusive of passageways, driveways and maneuvering space, which provides access to public streets and which is located entirely outside any public street right-of-way or alley.
(137) Passive space. "Passive space" means open space provided in a park or other development that does not contain any active recreational equipment, game courts or playing fields. This space may include benches, picnic areas and/or tot lots.
(138) Patio. "Patio" means an uncovered area permanently surfaced or constructed as a single solid slab and usually raised slightly above the lawn surface. The use is accessory to the main use of the land and is located on the same lot with the main building or use (usually a residential structure).
(139) Patio house. "Patio house" means a building or portion thereof designed, intended or used primarily for residential purposes. The dwelling unit is a single-family unit that may be placed against one side of a lot line and that is enclosed by walls providing privacy.
(140) Pedestrian plaza. "Pedestrian plaza" means land, privately or publicly owned, developed for public use. The development may be in the form of green space or hard surfaces such as brick or concrete.
(141) Performance bond or surety bond. "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the Municipality for the amount of the estimated construction cost, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(142) Person. "Person" means an individual, proprietorship, partnership, corporation, association or other legal entity.
(143) Personal service. "Personal service" means commercial establishments that provide, as their primary activity, service either to an individual or to an individual's personal property (excluding motor vehicles). These uses are completely contained within a building and comprise a part of use group B of the OBC. Examples are barber/beauty shops, shoe repair shops, watch repair shops, banks and savings and loan institutions.
(144) Pet. "Pet" means a domesticated or tamed animal, kept as a companion and not livestock.
(145) Planned district/planned unit development. "Planned district/planned unit development" means an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under this Code. The procedure for approval of such a development contains requirements in addition to those of the standard development, such as building design principles and landscaping plans. (Refer to Chapter 1282.)
(146) Plat. "Plat" means the map or drawing of a subdivision of land which will be legally approved and recorded.
(147) Political sign. "Political sign" means a sign that announces the candidacy of a person or slate of persons running for partisan or nonpartisan political office or that informs people of an issue in an election or referendum.
(148) A. Portable, on-demand storage device (POD). "Portable, on-demand storage device ("POD") means any device, container, enclosure or structure, either wheeled trailers or containers carried on motor vehicles or trailers, commonly used to store home furnishings, and other personal items on a temporary basis during a time of home repair, construction, renovation or relocation. Portable, on-demand storage devices do not include self-propelled registered motor vehicles and may not be used as habitation for humans or animals, or for the storage of commercial/industrial materials.
B. Portable sign. "Portable sign" means a sign or graphic designed so it may be moved or relocated without structural or support change. This definition includes, but is not limited to, A-frame signs, trailer signs, mobile signs, stake-supported signs, pedestal supported signs, and other signs not firmly anchored in approved support structures or foundations.
(149) Primary activity. "Primary activity" means an activity that comprises more than fifty percent of the total floor area of a building.
(150) Primary arterial. "Primary arterial" means an officially designated Federal or State numbered highway or County road which carries heavy traffic through the Municipality.
(151) Principal structure. "Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated.
(152) Private driveway. "Private driveway" means a driveway providing access to a single-family residence or to multi-family developments containing four or fewer dwelling units or alleys parallel with a public street.
(153) Private stable. "Private stable" means a structure for the keeping of horses and ponies that is used by the owner of such structure but not for commercial or public purposes.
(154) Professional and business office. "Professional and business office" means a commercial establishment that provides, as its primary activity, space to any professional and/or business operation where the product is a person's knowledge or skill and not a commodity. Such uses are completely contained within a building and do not have more than twenty-five percent of their floor area designated for use by the general public. Examples are law offices, real estate offices and corporate headquarters.
(155) Property line. "Property line" means a legally recorded boundary of a lot, tract or other parcel of land.
(156) Public assembly. "Public assembly" means a facility to which the public has access.
(157) Public way. "Public way" means an alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which the general public or a public entity has a right, or which are dedicated, whether improved or not.
(158) Ranch style house. "Ranch style house" means a one story structure for residential use. A ranch style house shall meet the required minimum dwelling size for a one-story house.
(159) Rear yard. "Rear yard" means a yard extending the full width of the lot between the rearmost main building and the rear lot line or rear right-of-way line, the depth of which shall be the least distance between the rear lot line and the rear of the main building. Where a rear lot line abuts an alley, half of the alley width may be considered as part of the rear yard. In condominium and multi-family developments, the distance between buildings in rear yards shall be the width of the rear yard setback requirements in the particular district.
(160) Research and development laboratory. "Research and development laboratory" means a commercial establishment that provides, as its primary activity, the development of information and/or products that are used by business and industry. Such uses are completely contained in a building, do not produce goods or services for direct retail sale and comprise a part of use group B or F-s of the OBC. Examples are biological testing labs and corporate research and development facilities.
(161) Restaurant. "Restaurant" means a commercial establishment that provides, as its primary activity, prepared food for consumption on the premises inside of a building. These establishments shall not have any drive-thru facilities or any other facilities for eating or picking up food outside of the building. They comprise a part of use group A-3 of the OBC. (See also "Drive-thru retail.")
(162) Reversed frontage lot. "Reversed frontage lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
(163) Right-of-way. "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks and lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges. "Right-of-way" includes the term "easement," as applied to a public street.
(164) Roadway. See "primary arterial," "secondary arterial," "collector street" and "local road."
(165) Row house dwelling. "Row house dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes. The building is situated so that its side walls are shared with other like structures, all having their own separate entrances and lots of record.
(166) Satellite parking. "Satellite parking" means parking located off-site of the building that it is designated to serve.
(167) Seasonal patio enclosures. "Seasonal patio enclosures" means temporary screening affixed to a nonresidential patio allowing it to be utilized during the months of the year with colder temperatures. Enclosed patios are areas adjunct to the principal structure of the property and cannot be used for sleeping, food preparation, storage, housing sanitary facilities, or any other activity not conducted when the patio is not enclosed.
(168) Secondary arterial. "Secondary arterial" means a road designated as a secondary street which carries heavy to moderate traffic within the Municipality.
(169) Setback line. "Setback line" means the minimum distance that a building or structure shall be constructed from a lot line, right-of-way, street or private drive, easement or edge of pavement along private driveways.
(170) Sewer, central or group. "Central or group sewer" means an approved sewage disposal system which provides a collection network and disposal system and a central sewage treatment facility for a single community.
(171) Sewer, on-site. "On-site sewer" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and which provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.
(172) Sexual encounter center. "Sexual encounter center" means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:
A. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
B. Activities between male and female persons and/or persons of the same sex when one or more of the persons is displaying specified anatomical areas or engaging in specified sexual activities.
(173) Sexually oriented business. "Sexually oriented business" means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, nude model studio or sexual encounter center.
(174) Side yard. "Side yard" means a space extending between the structure setback lines, as required by the regulations of a particular zoning district, and the side lot lines, measured between the front yard and the rear yard. In multi-family developments, the distance between buildings shall be the side yard setback requirements in the particular district and ten feet from right-of-way, street or private drive, easement or edge of pavement along private drives to the building.
(175) Sidewalk. "Sidewalk" means the portion of a street right-of-way outside the street which is improved for the use of pedestrian traffic. Also, sidewalks pertain to interior walkways in multi-family, commercial, and industrial uses. (See also "walkway.")
(176) Sign. "Sign" means any identification, description, illustration or device, illuminated or nonilluminated, which is visible from any public place or which is located on private property and exposed to the public, and which directs attention to a product, service, place, activity, person, institution, business or solicitation, including any permanently installed or situated merchandise, or any emblem, painting, banner, pennant, placard or temporary sign designed to advertise, identify or convey information, with the exception of window displays and national flags. For the purpose of removal, signs shall also include all sign structures. (See Chapter 1292 for other sign related definitions.)
(177) Single-family dwelling. "Single-family dwelling" means a building designed, intended or used primarily for residential purposes to be occupied by one family. The five primary house styles which are defined in this Zoning Code are: bi-level, ranch, two-story, one and a half story and split level.
(178) Site distance triangle. "Site distance triangle" means the triangular area of a corner lot bounded by the property line connecting the two points on the property lines twenty feet from the intersection of the property lines.
(179) Site plan. "Site plan" means a plan showing uses and structures proposed for a parcel of land as required by the regulations involved.
(180) Sleeping area. "Sleeping area" means floor space provided in a building designed, intended or used primarily as a place to sleep. This would include all bedroom space and all other areas where beds are permanently kept.
(181) Specified anatomical areas. "Specified anatomical areas" means human genitals, the pubic region, buttocks, female breasts below a point immediately above the top of the areola, and human male genitals in a discernibly turgid state, all of which are less than completely opaquely covered.
(182) Specified sexual activities. "Specified sexual activities" means and includes any of the following:
A. The erotic touching of human genitals, the pubic region, buttocks, the anus or female breasts;
B. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
C. Masturbation, actual or simulated; or
D. Excretory functions as part of or in connection with any of the activities set forth in paragraphs (182)A. to C. hereof.
(183) Split level house. "Split level house" means a type of structure for residential use in which the floor levels are staggered so that each level is about a half story above or below the adjacent one. A split level house shall meet the required minimum dwelling size for a two story house. Only totally above grade stories of a split level house shall be included in calculating the total square footage for purposes of permit issuance.
(184) Story. "Story" means that portion of a building included between the upper surface of any floor, except a basement floor, and the upper surface of the floor next above, except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. The first floor level shall mean the floor level at or nearest the grade level at the principal entrance.
(185) Story above grade. "Story above grade" means any story having its finished floor surface entirely above grade, except that a basement shall be considered as a story above grade when the distance from grade to the finished surface of the floor above the basement is more than six feet for more than fifty percent of the total perimeter or more than twelve feet at any point.
(186) Street. "Street" means a public way established or dedicated by a duly recorded plat deed, by governmental authority or by operation of law and which is twenty-six feet or more in total width. (See also "Thoroughfare, street and road.")
(187) Street right-of-way line. "Street right-of-way line" means the dividing line between a street right-of-way and the contiguous property.
(188) Structure. "Structure" means materials forming a construction for occupancy or use, including, among others, buildings, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio towers, water tanks, trestles, piers, wharves, open sheds, coal bins, shelters, fences and display signs. The word "structure" is construed as if followed by "or parts thereof," and is inclusive of the word "building."
(189) Structure, accessory or ancillary. "Accessory or ancillary structure" means a subordinate structure the use of which is incidental to that of a principal structure on the same lot.
(190) Structure, principal. "Principal structure" means a structure in which is conducted the principal use of the lot on which it is situated.
(191) Subdivider. See "Developer."
(192) Subdivision. "Subdivision" means:
A. The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres, not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures, or the division or allocation of land as open spaces for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (See also "Minor subdivision.").
(193) Surveyor. "Surveyor" means any person registered by the State of Ohio to practice surveying.
(194) Terrain classification. "Terrain classification" is terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:
A. "Level" is that land which has a cross-slope range of four percent or less.
B. "Rolling" is that land which has a cross-slope of more than four percent but not more than eight percent.
C. "Hilly" is that land which has a cross slope range more than eight percent but not more than twelve percent.
D. "Hillside" is that land which has a cross slope range more than twelve percent.
(195) Thoroughfare plan. "Thoroughfare plan" means the comprehensive plan adopted by the Municipality indicating the general location recommended for arterial, collector and local thoroughfares within the corporate limits.
(196) Thoroughfare, street and road. "Street and road thoroughfare" means the full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic.
(197) Three-family dwelling. "Three-family dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by not more than three families living independently of one another.
(198) Through lot. "Through lot" means a lot, other than a corner lot, with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.
(199) Townhouse. "Townhouse" means a building consisting of two or more attached or semidetached dwelling units of two or two and one-half stories, each with a ground floor and a second floor which may or may not have separate ownership or condominium status.
(200) Trailer sign. "Trailer sign" means a sign or graphic mounted on a chassis, with or without wheels, with no independent means of propulsion.
(201) Treatment space. "Treatment space" means floor space provided in a building that is designed, intended or used primarily for the treatment of human and/or animal illness.
(202) Two-family dwelling. "Two-family dwelling" means a building or portion thereof designed, intended or used primarily for residential purposes and to be occupied by two families living independently of one another.
(203) Two-story house. "Two-story house" means a structure for residential use, with two stories located above ground level. A two-story house shall meet the required minimum dwelling size for a two-story house.
(204) Variance. "Variance" means a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(205) Vehicle. "Vehicle" means an automobile, truck, motorcycle, trailer, truck camper, recreational vehicle, bus or boat.
(206) Veterinarian. "Veterinarian" means any person certified to care for and to treat the diseases and injuries of animals.
(207) Vicinity map. "Vicinity map" means a drawing located on the plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and to community facilities and services within Fairfield County in order to better locate and orient the area in question.
(208) Walkway. "Walkway" means a dedicated public way for pedestrian use only, whether along the side of a road or not.
(209) Watershed. "Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(210) Wholesale business. "Wholesale business" means a commercial establishment that provides, as its primary activity, storage, break-of-bulk and distribution operations to other commercial establishments. Such uses may have some outdoor storage space and comprise a part of use group S of the OBC. Examples are truck terminals and warehouses.
(211) Yard. "Yard" means a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward. However, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
(212) Zero lot line dwelling. "Zero lot line dwelling" means a building designed, intended or used primarily for residential purposes. The dwelling unit is a single-family unit that is placed against one of the side lot lines to allow more open yard space.
(213) Zoning Code. "Zoning Code" shall be interchangeable with "Zoning Regulations" and means Ordinance 2014-27, as amended, codified herein as Title Eight of Part Twelve - the Planning and Zoning Code.
(214) Zoning district. "Zoning district" means any section of the Municipality in which zoning regulations are uniform.
(Ord. 2014-27. Passed 8-5-14.)