SATELLITE DISH. A device incorporating a reflective surface in the shape of a shallow dish used to receive electromagnetic waves between terrestrially and/or orbitally based uses.
SETBACK. The required minimum distance between the exterior wall of a building and the related front, side, or rear property line.
SEXUALLY ORIENTED BUSINESSES. These businesses defined as:
(1) ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:
(a) Book, magazine, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, computer generated images, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(b) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.
(2) ADULT CABARET. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(a) Persons who appear nude, semi- nude or in a state of nudity.
(b) Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."
(c) Film, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."
(3) ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of permitted signage visible from the public right-of-way, or by means of any permitted off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.
(4) ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.
(5) ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which for any form of consideration regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified sexual activities” or by "specified anatomical areas."
(6) EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.
(7) ESCORT. A person who, for any form of consideration agrees or offers to act as a companion, guide, or date for another person, and who agrees or offers to privately model lingerie or to privately perform a strip tease for another person or to engage in any specified sexual activity as defined herein.
(8) ESCORT AGENCY. A person or business association who furnishes, offers to furnish,
or advertises to furnish escorts, as defined in this section, as one of its primary business purposes for a fee, tip, or other consideration.
(9) ESTABLISHMENT. Includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
(c) The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or
(d) The relocation of any such sexually oriented business.
(10) LICENSED MASSAGE THERAPIST. A person who engages in the practice of therapeutic massage, who has completed a course of study from a state accredited school, and who is licensed by the State of Ohio pursuant to Ohio R.C. 4731.15.
(11) MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath nor by trainers for any amateur, semiprofessional or professional attempts or athletic team or school athletic program, nor by a Licensed Massage Therapist.
(12) NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(13) NUDITY or STATE OF NUDITY.
(a) The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or
(b) A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
(14) OPERATOR. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.
(15) PERMITTED or LICENSED PREMISES. Any premises that requires a license and/or permit and that requires a license and/or permit and that is classified as a sexually oriented business.
(16) PERMITTEE AND/OR LICENSEE. A person in whose name a permit and/or license to operate any oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
(17) PERSON. An individual, proprietor- ship, partnership, corporation association or other legal entity.
(18) PROTECTED USES. Those uses listed below and defined as:
(a) PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.
(b) PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.
(c) RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
(d) RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in the zoning code.
(e) SCHOOL. Any public or private educational facility including but nor limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle school, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.
(19) PUBLIC USE. Any use that is open to the public, regardless or whether a fee is charged for admission.
(20) SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
(21) SEXUAL ENCOUNTER ESTAB- LISHMENT. A business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a
place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one of more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include establishment where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
(22) SPECIFIED ANATOMICAL AREAS. As used in this division means and includes any of the following:
(a) Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above, the top of the areolae; or
(b) Human male genitals in a discernible turgid state, even if completely and opaquely covered.
(23) SPECIFIED CRIMINAL ACTS. Crimes against children, sexual abuse, rape, gross sexual imposition and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution or tax violations in connection with a sexually oriented business.
(24) SPECIFIED SEXUAL ACTIVITIES. As used in this division means and includes any of the following:
(a) The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or
(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
(c) Masturbation actual or simulated; or
(d) Human genitals in a state of sexual stimulation, arousal or tumescence; or
(e) Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this definition.
(25) SUBSTANTIAL ENLARGEMENT OF A SEXUAL ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor area exist on February 1, 1998.
(26) TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes and of the following:
(a) The sale, lease or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.
(c) The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of a person possessing the ownership or control.
SHOPPING CENTER. A group of retail business and service uses on a single site with one ownership which leases spaces for separate establishments and has common parking space and no lot lines between establishments.
SIGN. Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or services.
SIGN AREA. The gross square footage of the sign face area which is normally visible from any one direction. (Example - a rectangular sign four feet by
five feet with display on both sides shall be considered to be 20 square feet.) Sign supporting structures, which by size or ornateness have been designed to attract attention, shall be considered part of the sign square footage.
SIGN PANEL. A structural object or portion of a structural object designed to form a distinct background area of frame for the display of a sign’s information, including all non-opaque surfaces of an internally illuminated canopy or wall panel displaying image.
SIGN, AWNING. A sign painted, attached, embossed or affixed to a fixed or retractable awning.
SIGN, BANNER. A sign of lightweight fabric or similar material that is mounted to a pole or building.
SIGN, BILLBOARD. A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity offered, sold or conducted elsewhere than upon the lot on which the sign is located. Billboard signs are also referred to as "off-premise signs".
SIGN, BULLETIN BOARD. A sign which is primarily intended to direct attention to announce or direct attention to, and is located on, the lot or premises of a public or semipublic institution and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.
SIGN, BUSINESS. A sign which is primarily intended to advertise the name of the business or establishment, the goods or commodities sold and/or brand names thereof, or services rendered o the lot or premises which the sign is located and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.
SIGN, CANOPY. A sign attached to the side, or underside of a canopy at a 90° angle to the street, intended for pedestrian visibility.
SIGN, CHANGEABLE COPY. A sign or portion thereof where the message or graphic is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over, manually or by electronic or mechanical devices.
SIGN, DEVELOPMENT. A temporary sign directing attention to a development to be located on the subject property and identifying the firms or individuals participating in the development process.
SIGN, DIRECTIONAL. A sign indicating a direction or location to which pedestrian or vehicular traffic is requested to move.
SIGN, GROUND. A freestanding sign which has a supporting base designed as an integral part of the sign resting totally or primarily on the ground.
SIGN, IDENTIFICATION. A sign which is primarily intended to indicate the name, owner, manager and/or address of an existing building or business and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.
SIGN, INFORMATION. A sign which presents miscellaneous information or instructions intended to serve the public, rather than to promote a business, product or issue not containing information included in the definition of other signs.
SIGN, NAMEPLATE. A sign indicating the name, address and/or profession of a person or persons occupying all or part of that building.
SIGN, POLE. A sign which is supported wholly by a pole or poles and is designed so as to permit pedestrian or vehicular traffic thereunder.
SIGN, POLITICAL. A sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.
SIGN, PORTABLE. A sign which is designed to be transported and is not permanently attached to any part of the building or ground.
SIGN, PROJECTING. A sign erected on the outside wall of a building and which projects out at an angle therefrom.
SIGN, REAL ESTATE. A sign directing attention to the promotion, development, construction, rental, sale or lease of a property on which it is located.
SIGN, ROOF. A sign erected upon and positioned completely or partially over the roof of any building.
SIGN, TEMPORARY. A sign of any type, announcing special events of sales, to announce the sale, lease or rental of property and which is designed to be used for a specific period of time as established in Chapter 1290.
SIGN, WALL. A sign attached to or displayed or painted on an exterior wall and in a manner parallel with the wall surface and which shall not project more than 12 inches from the wall surface.
SIGN, WINDOW. A sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door, that is intended to be viewed from the outside of a building.
STORY. That portion of a building, other than a cellar, included between the surface of a floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
STORY, HALF. A space under a sloping roof which has a line of intersection between roof and wall face above top floor level but not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished for use.
STREET. All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefore.
STREET LINE. A divided line between a lot, tract or parcel of land and a contiguous street.
STRUCTURAL ALTERATION. A change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.
STRUCTURE. Anything constructed or erected, the use of which requires permanent location of the ground or attachment to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas.
SUBSTANTIAL EXPANSION. For the purpose of this code, a substantial expansion shall be any extension, reconstruction or improvement of a structure or building that equals or exceeds 50% of the gross floor area of the existing building or structure prior to expansion.
SUBURBAN FARM. A lot containing at least one acre used for raising animals, foul, or crops, for personal reasons, complying with the regulations of the Codified Ordinance of the city.
SWIMMING POOL, PRIVATE, RESIDENTIAL. Any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing, located at a dwelling housing no more than three families and used exclusively by the residents and their nonpaying guests.
SWIMMING POOL, PUBLIC. Any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing that is intended to be used collectively for swimming, diving, or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not fee is charged for use, but does not mean any private residential swimming pool.
(Ord. 2003-51, passed 5-20-03)