For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
ACTUAL START OF CONSTRUCTION. Either the first placement of an integral part of, or permanent construction of, a structure on a site.
ADDITION. Any increase in the gross square footage of a structure.
ADULT DAY CARE CENTER. A facility which provides supervision, assistance, protection, medical or personal care for adults for a time period of less than twenty-four (24) hours per day.
ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
(1) ADULT BOOK STORE. An establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" as herein defined or an establishment with a segment or section devoted to the sale or display of such material.
(2) ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale of services or products characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons, the exposure or presentation of "specified sexual activities" and/or "specified anatomical areas" and/or physical contact of live males or females, and which is characterized and/or portrayed by either photography, dancing, stripping, reading, massage, male or female impersonation, or similar activity or medium.
(3) For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified sexual activities" shall mean: human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
(4) For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified anatomical areas" shall mean: less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and/or human male genitals in a discernibly turgid state even if completely and opaquely covered.
(5) The definition of ADULT ENTERTAINMENT FACILITY excludes LIVE SEX ACT BUSINESSES as defined in § 158.122.
(6) ADULT MINI MOTION PICTURE THEATER. A facility with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
(7) ADULT MOTION PICTURE THEATER. A facility with a capacity of fifty (50) or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
AGRICULTURAL ACTIVITY, or FARM. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, the care and/or husbandry of agricultural animals, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. Such activities, with the exception of a private, non-commercial garden, are not permitted in residential districts.
AGRICULTURAL ANIMAL. Animals commonly raised or kept in an agricultural rather than an urban or suburban environment including, but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
ALLEY. Any public way affording a secondary means of access to abutting property, and not intended for general traffic circulation which abuts generally the rear premises and which is twenty feet or less in width.
ALTERATION. Any change, addition, or modification in construction, type of occupancy.
ANIMAL DAY CARE. Any permitted commercially zoned lot or premises on which three or more dogs, cats or other household animals more than six (6) months of age are kept for supervision, assistance, protection, or personal care, and/or grooming for a time period of less than twenty-four (24) hours per day. Excludes overnight care. Such uses are not permitted in residential districts.
APARTMENT. A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
ASSISTED LIVING FACILITY. A residential facility of which the occupancy is typically persons of special needs because of age, or of mental and/or physical challenges, and includes assistance with personal daily activities such as dressing, grooming and bathing. Such facilities regularly provide twenty-four (24) hour per day care, food, lodging, training, education supervision, habilitation, rehabilitation and treatment, as needed by the residents, who cannot care for themselves.
AWNING. Shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.
BANKING SERVICES. A bank, savings and loan, credit union, or other financial institution that provides retail financial services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money.
(1) CHECK CASHING FACILITY. A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders of other commercial paper serving the same purpose. This does not include a state or federally charted bank, savings association, credit union, or industrial loan company. Also, this does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders incidentally to its principal purpose or business.
(2) PAYDAY LOAN FACILITY. An establishment providing loans to individuals in exchange for personal or employment checks as collateral.
BANQUET HALL. A room or building, with on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
BAR, TAVERN or NIGHT CLUB. Any establishment where the principal business is the serving of alcoholic beverages to patrons for consumption on the premises.
BASEMENT. The portion of a building which is partly or entirely below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story, except as provided in STORY and HALF STORY.
BED AND BREAKFAST. A one family unit in which the principal use is the permanent residential quarters of the residential owner, and in which a maximum of four (4) bedrooms in the principal structure are made available for transient occupancy for a fee, such occupancy to be for generally less than seven (7) consecutive days per person in a thirty (30)-day period, with breakfast being served upon the premises as part of the accommodation.
BILLIARD ROOM or POOL HALL. Any public place wherein the game of billiards is the principal use and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards.
BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets.
BOARD OF HEALTH. means the Mahoning County Board of Health unless and until Council shall exercise its powers under Section 11.08 of the Charter to establish a Municipal Board of Health.
BOARD OF ZONING APPEALS. Planning Commission serves as the Board of Zoning Appeals.
BOARDER. A person who regularly receives lodging with or without meals at another's home for pay or services, with the exception of residents of special needs homes and/or nursing homes.
BREEZEWAY. A roofed passageway, whether fully enclosed or not, less than ten (10) feet wide, in cases where fully enclosed from exterior wall to the opposite exterior wall, or in cases where not enclosed from drip edge to drip edge, constructed for the purposes of connecting and accessing a detached garage or other accessory structure to the principal structure.
BREWERY. A business that brews 15,000 or more barrels of ales, beers, meads and/or similar beverages annually on site.
BREWERY, MICRO. A business that brews less than 15,000 barrels of ales, beers, meads and/or similar beverages annually on site.
BREW PUB. A commercial business which conducts the retail sale of beer (malt beverages with alcohol content as defined by federal law) which is brewed on the premises, no more than 5,000 barrels annually. Such establishments may also include restaurants as an accessory use.
BUFFER. A strip of land, with natural or planted vegetation located between any improved area of a site, including temporary and or permanent structures and parking areas and a rear or side property line, intended to separate and partially or completely obstruct the view of two adjacent land uses or properties from one another. A buffer area may contain any required screening such as mounds and fences or stormwater detention facilities for the site.
BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind; excepting any type of manufactured housing unit.
(1) ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building on the same lot with, and of a nature customarily incidental and subordinate to, those of the principal building.
(2) NONCONFORMING BUILDING. See NONCONFORMING STRUCTURE.
(3) PRINCIPAL BUILDING or PRINCIPAL STRUCTURE. A building in which is conducted the principal use of the lot where the building is situated.
(4) TEMPORARY BUILDING. A building permitted to exist during periods of construction of the principal building, or for special events, but is not inhabitable. Semi-truck trailers used as portable warehouses are considered to be temporary buildings and a permit shall be required when used for more than thirty (30) days.
BUILDING FACE or WALL. All window and wall area of a building in one plane or elevation.
BUILDING FRONTAGE. The linear length of a building facing the right-of-way. In the case where an individual occupant would have no roadway frontage, the building frontage shall be the linear length of the building fronting the parking lot, or the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two (2) or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.
BUILDING SETBACK LINE. Means a line indicating the minimum horizontal distance permitted between a building and a street right-of-way line.
CANOPY. A roof-like structure or cover that protects from the wall of a building over a door, entrance, window, or a free-standing cover above an outdoor service area, such as an automobile service station.
CARPORT. A roofed structure, permanently open on at least two (2) sides, designed for or occupied by vehicles.
CITY COUNCIL. The Council of the City of Sebring, State of Ohio.
CLERK. Means the Clerk of Council.
COUNCIL. Means the Council of Sebring, Ohio
CLUB. An organization of persons for a special purpose or for the promulgation of sports, arts, sciences, literature, politics, or the like, including civic, social and fraternal associations.
COMMISSION. Means the Planning Commission
COMMUNITY. The physical environs and area located either totally or partially within the boundaries of the city.
CONVENIENCE STORE or CARRY-OUT. Any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood.
COUNTY. Means Mahoning County, Ohio
CURB. Means the raised edge of a pavement to confine surface water to the pavement and to protect the abutting land from vehicular traffic.
DECK. An open platform, projecting from the wall of a building, surrounding a pool, or free standing, which is supported by structural pillars or posts at grade, or by the principal building structure itself.
DENSITY. The number of dwelling units per acre of land.
DEVELOPMENT. Any building, construction, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use.
DEVIL STRIP. Means a strip of land between the roadway or curb and the sidewalk. (Also known as a "Tree lawn" or "Curb lawn".)
DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
DRIVE-THRU. A business establishment other than a restaurant, so developed that its retail or service character, which is to provide a limited line of groceries or household items, is dependent on providing a drive-way approach to provide for sales and/or services to patrons who remain in their vehicles. May also include a small, walk-in convenience store.
DRIVEWAY. An area used as means of ingress and egress to a property.
DRUG, CHEMICAL AND ALCOHOL ADDICTION REHABILITATION CLINIC. An establishment for outpatient services for treatment and counseling for chemical addiction with no overnight or extended stay facilities.
DWELLING, MULTI-FAMILY. A building or residential structure containing three (3) or more dwelling units.
DWELLING UNIT. One (1) room or a suite of two (2) or more rooms, designed for or used by one family for living and sleeping purposes and having only one (1) kitchen or kitchenette.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively by one family or housekeeping unit.
DWELLING, TWO-FAMILY. A building or residential structure containing two (2) dwelling units.
EASEMENT. A legal interest in real property generally established in a real estate document or on a recorded plat to reserve, convey or dedicate a use of land for a specialized or limited purpose without the transfer of fee title.
ENGINEER. means a registered engineer authorized to practice civil engineering as defined by the Ohio Engineer's Registration Act.
ESSENTIAL SERVICES. The underground, surface or overhead gas, electrical, telephone, television, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipe conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general health, safety or welfare.
EXCAVATION. Any breaking of ground, except common household gardening and ground care.
FAMILY. "Family" as two (2) or more persons living together as a single-family housekeeping unit, in a dwelling unit.
FARM. See AGRICULTURAL ACTIVITY.
FARMER'S MARKET. The seasonal selling or offering for sale at retail of locally grown vegetables or produce, occurring in an area where such uses are permitted. Seasonal Christmas tree sales are considered farmer's markets.
FEED LOT, COMMERCIAL. Fenced lots not directly associated with a bona fide agricultural operation and used solely for the feeding of animals for marketing purposes.
FENCE. An artificially constructed barrier of wood, masonry, stone, chain-link, metal or any other manufactured material or combination of materials, intended to prevent straying from within or intrusion from outside the fenced area, as well as to provide screening.
FENCE, DECORATIVE. A maximum of two connected permanent or temporary standard fence sections designed primarily for aesthetic appeal and not intended for screening or as a method of prohibiting entry to a property.
FINAL PLAT. Means the final map, drawing or chart on which the subdivider's plan of subdivision is presented to the Planning Commission for approval and which, if approved, will be submitted to the County Recorder
FLOODPLAIN. As defined by the Federal Emergency Management Agency (FEMA). Floodplains are typically riparian (along streams), coastal, or lacustrine (ocean, lakes).
FLOOR AREA, COMMERCIAL.
(1) GROSS FLOOR AREA, COMMERCIAL. Measurements of floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the exterior walls.
(2) NET FLOOR AREA, COMMERCIAL. The area used for, or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairways and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation of floor area.
FLOOR AREA, RESIDENTIAL. The sum of the horizontal areas of each story of the building that is measured from the exterior walls. The floor area measurement is exclusive of unfinished basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, except basement areas designed and used for dwelling or business purposes. This definition shall be used for the purposes of computing the minimum floor area per unit in a residential dwelling unit.
FOOTPRINT, ACCESSORY STRUCTURE. The outline of the exterior/perimeter of an accessory structure, regardless if enclosed or unenclosed.
FOOTPRINT, PRINCIPAL STRUCTURE. The outline of the exterior/perimeter of the principal structure including attached garages but excluding all other areas incapable of year-round dwelling use, such as patios and/or unenclosed porches. Used primarily for the purposes of computing the maximum allowable accessory structure square footage in a residential district.
FRONTAGE. The distance between the side lot lines measured along a public or private road, except in the case of a cul-de-sac or other curved street where frontage shall be measured along the required front setback line; and in the case of a corner lot or other multiple frontage lots where frontage shall be measured along all adjacent roadways.
GARAGE, PARKING. A space or structure or series of structures for the temporary storage or parking of motor vehicles.
GARAGE, PRIVATE. An accessory building or portion of a principal building designed or used primarily for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, constructed on a permanent concrete foundation.
GARAGE, TEMPORARY. An accessory building, with or without walls, designed for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, which is a movable, tent-like shelter. This would include inflatable and portable garages. Such temporary, portable or inflatable garages are constructed of a plastic, canvas, or similar type of material, supported by a metal or wood frame, or designed so as to be filled with air.
GARDEN CENTER. Any premises including accessory buildings or structures, or a combination thereof, used for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
GRADE. Means the slope expressed in a percent which indicates the rate of change of elevation in feet per 100 feet.
GRADING. The alteration of soils and landforms and topography usually through earthwork construction.
GUTTER. Means that portion of a right of way, whether paved or sodded, carrying surface drainage.
HAZARDOUS WASTE. A waste with properties that make it dangerous or potentially harmful to human health or the environment. Hazardous wastes can be liquids, solids, contains gases, or sludges. They can be the by-products of manufacturing processes or simply discarded commercial products, like cleaning fluids or pesticides, as defined by the United States Environmental Protection Agency.
HEALTH CLUB. A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building.
HEIGHT, ACCESSORY BUILDING. The vertical distance from the adjacent grade to the highest point of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the front of the building wall.
HEIGHT, PRINCIPAL BUILDING. The vertical distance measured from the established grade to the highest point of roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average, ground level of the grade at the front of the building wall.
HOME OCCUPATIONS or HOME BUSINESSES. Any lawful commercial activity conducted within a residential dwelling unit in a residential zoning district which is clearly subordinate to the property's residential use and which meets the requirements of this code.
HOSPITAL or SANATORIUM. An institution where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.
HOTEL. A building occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are ten or more sleeping rooms and no provision made for a cooking facility in any individual room, apartment, or suite. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms and/or meeting rooms.
HOTEL, EXTENDED STAY. A hotel which includes all facilities specified under HOTEL, as well as extended stay units which cater to longer-term occupancy and which have kitchen/cooking facilities within each unit.
IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground. For the purposes of this chapter, impervious surface shall be interpreted to include but not be limited to the area covered by all buildings, all parking areas, all sidewalks, and all driveways, but shall not include existing streets or rights-of-way.
IMPROVEMENT. Means pavements, curbs, gutters, sidewalks, water mains, sanitary sewers, storm sewers, grading, street signs and planting and other items for the welfare of the property owners and the public.
IMPROVED SURFACE. A permanent and continuous hard surface constructed of the either one or more of following: Portland cement concrete, bituminous/asphalt concrete, or a solid brick paver surface, excluding grass pavers, for the purpose of accommodating vehicular parking, and ingress and egress to the property.
INDIVIDUAL ESTABLISHMENT. A separate and distinct commercial operation.
INSTITUTIONAL USES. Colleges, universities, schools with any of first through twelfth grades, seminaries, places of religious assembly, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, public community centers, public recreation centers, cemeteries, or uses of similar character.
JUNK or INOPERABLE VEHICLE. A vehicle shall be deemed a junk or inoperable vehicle whenever any one of the following occurs:
(1) The vehicle is without a valid current registration and/or license plate;
(2) The vehicle is without fully inflated tires and/or has any type of support under it;
(3) The vehicle has a substantially damaged or missing windshield, door(s), motor, transmission, or other similar major part;
(4) The vehicle is being used only for the purpose of storage;
(5) The vehicle is not operable and drivable within twenty-four (24) hours after notification.
JUNKYARDS or SALVAGE YARDS. An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packaged, disassembled or handled including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard or salvage yard includes automobile wrecking yards and includes any area in a commercial district of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings. Two (2) or more junk or inoperable vehicles shall be considered a junk yard.
KENNEL or CATTERY. Any permitted commercially zoned lot or premises, on which four or more dogs, cats or other domesticated household animals more than six (6) months of age are bred and/or boarded for commercial purposes. Such uses are not permitted on lots used or zoned for residential purposes
LATCH KEY PROGRAM. Program providing care and oversight of children, primarily between the close of the school day and the end of the business day. Such programs require licensing by the state and are intended to provide an alternative to children returning to an empty house after school is over; also known as "Schoolchild Day Care Center".
LOADING AREA. An area other than a street, public right-of-way, or required parking space, the principal use of which is loading and unloading of trucks and/or trailers, to avoid undue interference of vehicular traffic circulation on streets, parking stalls and drive aisles.
LOADING SPACE. An off-street space marked as dedicated for the loading and unloading of vehicles containing materials necessary to the functioning of the business contained therein and located on the same lot with a building, or a group of buildings and accessory buildings.
LOT. A parcel of land, the dimensions of which are shown on a document or map filed with the Mahoning County Recorder's Office.
LOT AREA. The computed area contained within the lot lines.
LOT, CORNER. A lot which has two contiguous sides, each abutting upon a street for its full length.
LOT COVERAGE. The percentage of the lot occupied by a building or buildings, including accessory buildings.
LOT, DOUBLE AND OTHER MULTIPLE FRONTAGE. A lot which fronts on more than one public or private road. All frontages of such lots shall comply with required setbacks from adjacent roadways for the zoning district in which they are located.
LOT LINES. The lines bounding a lot.
LOT SETBACK LINE. A line parallel to a lot line, thoroughfare, road or street, or right-of-way line at any story level of a building which represents the distance which the exterior wall of a building or structure is to be set back from said lot line, street, or right-of-way.
(1) FRONT SETBACK LINE. An imaginary line parallel to the front lot line extending the full width of the lot, representing the distance which the nearest point of the exterior wall of any structure or building is to be set back from the front lot line. In the event that the front lot line does not fall along a right-of-way line, then the front setback line shall be measured from a line parallel to the centerline of the street, road or thoroughfare at the edge of the right-of-way nearest to the property.
(2) REAR SETBACK LINE. An imaginary line parallel to any rear lot line representing the distance which the nearest point of the exterior wall of any building is to be set back from the rear lot line. In the case of a corner lot, the rear setback line is an imaginary line on an arc from a point most distant from the front lot lines at which the two side lot lines intersect.
(3) SIDE SETBACK LINE. An imaginary line parallel to any side lot line representing the distance which the nearest point of the exterior wall that a building is to be set back from a side lot line.
LOT WIDTH. The horizontal distance between the side lot lines measured at the two (2) points where the building line, or setback line intersects the side lot lines.
(1) FRONT YARD. Any open space extending the full width of the lot, the depths of which are the minimum horizontal distances between the front lot line and nearest points of the principal building.
(2) REAR YARD. An open space extending the full width of the lot the depths of which are the minimum horizontal distances between the rear lot line and the nearest points of the principal building.
(3) SIDE YARD. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the widths of which are the minimum horizontal distances from the nearest point of the side lot line to the nearest point of the principal building.
(4) REQUIRED YARD. Area located within the minimum front, side or rear yard setback, as defined in the individual zoning district in which it is located.
MARQUEE. Any permanent structure which provides shelter and projects from a wall of a building over a walkway or entranceway.
MEDICAL CLINIC. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar medical professionals.
MEETING or PARTY ROOM. A room or building, without on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
MEZZANINE. An intermediate floor in any story occupying no greater than two-thirds (2/3) of the floor area of such story.
MODULAR HOME. A home built indoors and in a controlled environment (factory), which is transported on a flat bed tractor trailer, and must comply with the State Building Code of Ohio as distinguished from a manufactured home built under Federal HUD regulations.
MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging, offered to the public for compensation, and cater primarily to the public traveling by motor vehicle. It may include all facilities specified under HOTEL.
IN-LAW SUITE. Accommodation for relatives of the principal owner/occupant of a house, including bathroom facilities, and which utilizes the same principal access point to the home. Also known as a "granny flat".
NONCONFORMING LOT OF RECORD. A lot which is part of a subdivision, which has been recorded in the office of the Mahoning County Auditor; or a non-platted parcel of land, the deed to which was of record prior to the effective date of this chapter, or amendments thereto; neither of which conforms to the current minimum area, width, or frontage requirements of this chapter.
NONCONFORMING STRUCTURE. A structure lawfully existing prior to the effective date of this chapter or amendments thereto and that no longer conforms to the provisions of the chapter for the district in which it is located.
NONCONFORMING USE. A use which lawfully occupied a building or land prior to the effective date of this chapter or amendments thereto and that no longer conforms to the use regulations of the district in which it is located.
NURSERY. A space including accessory buildings or structures for the principal purpose of growing or the storing of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
NURSERY SCHOOL or DAY CARE CENTER. Any premise where care is provided for seven (7) or more children (except for family members) who do not reside in the facility, are present primarily during daytime hours, and who do not stay overnight, with or without compensation, except as exempted under the Child Day Care Licensing Law (R.C. §§ 5104.01 through 5104.99) of this state. This definition includes private schools for preschool children and LATCH KEY PROGRAM.
NURSING HOME, ASSISTED LIVING FACILITIES, or CONVALESCENT HOME. A facility used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care as defined in the Ohio Revised Code, or a facility for individuals who require personal care services as defined in the Ohio Revised Code but no skilled nursing care. For the purposes of this chapter, nursing home or convalescent home shall include the Ohio Revised Code definitions for "Nursing Home", "Residential Care Facility" and "Home for Aging".
OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate landscaping, drives, and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two (2) vehicles.
OPEN SPACE. Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement. Areas within PUDs other than those listed may be considered as Open Space, to be determined within the PUD process.
OPEN SPACE (COMMON). The area either dedicated to the public or commonly owned and/or available to all the residents of a development area.
ORDINARY PUBLIC VIEW. Readily visible by a person on a public or private street, sidewalk, or lot adjacent to the property.
OWNER. Any legal entity, person or otherwise who holds superior title to and can evidence superior title in real or personal property.
PARAPET or PARAPET WALL. The portion of a building wall that rises above the roof level.
PARCEL. A distinct portion or tract of land as is recorded and distinguished in the Mahoning County Auditor's Property Tax Atlas.
PARKING AREA. Any pad not meeting the definition of DRIVEWAY and/or is being used to park or store vehicles.
PARKING SPACE. A space for the temporary storage or parking of a motor vehicle within a public or private parking area that is directly accessible to an access aisle or that is located in a dedicated street right-of-way.
PATIO. An uncovered outdoor floor, usually made of concrete, brick or other masonry material, no more than twelve (12) inches higher than the adjacent grade, which is intended for outdoor lounging, dining or like uses.
PAVEMENT. Means that portion of a highway, street or alley right of way having an improved hard surface.
PERFORMANCE BOND. Means an agreement by and between a contractor and a bonding company in favor of the subdivider or by and between a subdivider and a bonding company in favor of the Municipality, guaranteeing the completion of physical improvements.
PERSON. Any individual, corporation, association, firm, partnership, LLC, LPA and the like, singular or plural.
PERVIOUS SURFACE. Penetrable and permeable surface area such as grass, open green space, or landscape areas where water is usually capable of reaching the underground water table.
PLACE OF RELIGIOUS ASSEMBLY. A building, including accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. Nursery schools, kindergarten, day care, and compulsory (grades 1-12) schools may be permitted as conditional use(s) accessory to the principal place of religious assembly.
PLANNED UNIT DEVELOPMENT (PUD). Land under unified control, planned and developed as a whole according to comprehensive and detailed plans. Development may be a single operation or a definite sequential series of development operations including all lands and buildings, with a program for provisions, operation and maintenance of such areas, improvements and facilities necessary for common use by the occupants of the development.
PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT. An agreement, entered into between the city and the developer, property owner, or business owner intended to assure the completion of certain improvements, either not usually included in a Subdivider's Contract and bonded or in the absence of a Subdivider's Contract and bonding, which may not otherwise be completed in a timely and satisfactory manner. Such improvements may include, but are not limited to, landscaping, erosion control, roadway improvements, and detention facilities.
PLANNING COMMISSION. The Planning Commission of the City of Sebring, State of Ohio.
PRELIMINARY PLAN OR PLAT. Means the preliminary map, drawing or chart indicating the proposed layout of the subdivision.
PREMISES. An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
PUBLIC UTILITY. Any person, firm, corporation, or governmental agency, board or commission duly authorized to furnish and furnishing under state, county or city regulations to the public gas, steam, electricity, sewage disposal, communication, Wi-Fi, cable or satellite television, telephone, transportation or water.
RECREATION CLUB or ASSOCIATION. Any private organization, corporation, club or association formed principally for the purpose of the operation of recreation programs and/or facilities for the benefit of their members and guests.
RECREATIONAL FACILITY. A private or commercial facility or park used for the purpose of the operation of active or passive recreation programs, such as golf courses, miniature golf courses, sporting facilities, boating facilities, fishing facilities and/or swimming facilities.
RECREATIONAL VEHICLE. Includes the following:
(1) TRAVEL TRAILER. A vehicle built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
(2) PICK-UP CAMPER. A portable dwelling designed primarily to be mounted on a pick-up truck chassis or in a truck bed and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
(3) MOTOR HOME. A portable dwelling designed and constructed as a self-mounted vehicle on wheels and designed for travel, recreational and vacation uses.
(4) BOAT and BOAT TRAILER. Includes floats, rafts and personal water craft, plus the normal equipment to transport the same on the highway.
(5) FOLD-OUT TENT TRAILER.
RECYCLING CENTER. A place where secondhand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials may include scrap metal, structural steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term also includes a site for collection, sorting, storing and processing of paper products, glass, plastics, aluminum or tin cans prior to shipment for remanufacture into new materials. This definition does not include HAZARDOUS WASTE, as defined by this chapter.
RESTAURANT. An establishment whose principal business is serving food and beverages to patrons either inside or through a drive-thru window for consumption on the premises or to take away from the premises.
RESTAURANT, DRIVE-IN. A building and adjoining parking area used for the purpose of serving food and beverages to the public primarily for consumption in vehicles parked upon the premises, which also may include seating or other accommodations provided for its patrons.
RETIREMENT COMMUNITY. An age-restricted development providing housing for the elderly in conformance with 42 USC Section 3607(b)(2), which may include detached and attached dwelling units and apartments for independent living, and may also have a nursing home component.
RIGHT-OF-WAY. A strip of land dedicated for use as a public roadway or dedicated for public use. In addition to the roadway, a right-of-way normally incorporates the curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities.
RIGHT-OF-WAY, FUTURE. A line or width indicating or otherwise describing the limit to which future rights-of-way will be required.
ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
ROW HOUSE or TOWN HOUSE. A row of three or more attached one-family dwelling units, of which each unit is separated by a vertical wall, extending through the trusses to the roof.
SCHOOL, PRIVATE. Any building or group of buildings, the use of which meets the Ohio Department of Education requirements for primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
SCHOOL, TECHNICAL TRAINING. A school established to provide for the teaching of a specific industrial, clerical, managerial or artistic skill. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum, including, but not limited to beauty schools, bartending schools, truck driving schools and the like.
SELF STORAGE WAREHOUSE. A structure containing separate, individual, and private storage spaces of varying sizes, leased or rented on individual leases generally for storage of items, provided that there is no storage outside of a warehouse facility and no retail sales (including onsite auctions, and vehicle rental) other than limited sales to tenants of products and supplies incidental to the principal use such as packing materials, labels, tape, rope, locks and chains.
SENIOR HOUSING FACILITY. A residential facility of which the occupancy is limited to persons fifty-five (55) years of age or older, and such facilities may include a congregate meal program in a common dining area, but exclude institutional care such as medical or nursing care.
SERVICE STRUCTURE. Dumpsters, trash pads, trash collection storage areas or other structures that are required to be screened.
SIDEWALK. Means a hard surface walkway within a right of way for pedestrian use.
SIGN. A name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land or affixed to the glass on the outside or inside of a window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business. For the purpose of removal, signs shall also include all supporting structures.
(1) Sebring Sign Ordinance
SLOPE. The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run). Slope may be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage, or shown as a ratio.
SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
(1) Each antenna is located inside an enclosure of not more than six (6) cubit feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six (6) cubic feet in volume.
(2) All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment switches, cut-off switches, and vertical cable runs for the connection of power and other services.
SOLAR ENERGY. Radiant energy (direct, diffused, and reflected) received from the sun.
SOLAR FARM. A solar energy operation whose primary purpose is the sale of solar energy for commercial gain.
SOLICITOR. Means the Municipal Attorney
SPECIFIC SITE PLAN. A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures, signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details.
STREET. Means a way for vehicular traffic. See Thoroughfare.
STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. If the floor level directly above a basement is more than six (6) feet above grade, such basement shall be considered a story.
STORY, HALF. An uppermost story lying under a sloping roof.
STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
SUBDIVIDER. Means any individual, firm, association, syndicate, copartner ship, corporation, trust or any other legal entity commencing proceedings under these Regulations to affect a subdivision of land hereunder for himself or for another.
SUBDIVISION. Means the improvement of one (1) 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; 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.
MAJOR SUBDIVISION. Means any subdivision other than a minor subdivision.
MINOR SUBDIVISION. Means a subdivision in which no land is dedicated for street purposes other than street widening.
SURVEYOR. Means any person authorized to practice surveying as defined by the Ohio Surveyor's Registration Act.
SWIMMING POOL. A structure constructed or placed below or above ground, which is suitable or utilized for swimming or wading. Restrictions and requirements located in zoning classifications (ie residential and commercial).
TAXICAB BUSINESS. A service that offers motor vehicles, other than limousines, to the public for the purpose of carrying or transporting passengers for a charge or a fee. The business may include facilities for storing, servicing, repairing and fueling the taxicabs or vans used by the business.
TEEN CLUB. A social club for teenagers, providing meeting space, recreational games, music and other supervised activities, where the sale of alcohol is not permitted on such premises. Such facilities may operate until midnight unless special permission is granted by the City Manager. Supervision by an adult(s) at least twenty-one (21) years of age is required at all times.
TEMPORARY STORAGE UNIT. Any container that is designed to be transportable and used primarily for temporary storage of building materials, household goods, personal items and other materials for use for a predetermined amount of time, or after being filled is commercially transported for long-term, off-site storage.
TENT. Any structure used for living or sleeping purposes, or for sheltering a public or private gathering, constructed wholly or in part from canvas, tarpaulin, or other similar materials and shall include shelter provided for circuses, carnivals, side shows, revival meetings, camp meetings and all similar meetings or exhibitions in temporary structures.
THOROUGHFARES.
(1) ARTERIALS. This class of street serves as a through connector. Residential properties should be serviced by side streets with these intersections employing a variety of traffic controls.
(2) ARTERIALS, MAJOR. This class of street has little frontage facing commercial or residential properties. These roads are ideally served by the collectors and arterial roads with entrances and exits controlled.
(3) ARTERIALS, PRINCIPAL. This class of street brings traffic to and from expressways and other high speed interurban connectors.
(4) COLLECTORS. This class of street serves internal traffic movements within areas of the City, such as subdivisions, and acts as feeders to the arterial system.
(5) CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end permanently closed with a vehicular turnaround. See also The City of Beavercreek Thoroughfare Plan.
(6) LOCAL STREETS. These streets serve as direct access to adjacent land, are usually less than one-half (½) mile in length and are utilized predominately by privately owned vehicles.
TOWER, AMATEUR RADIO. Any outdoor structure designed and constructed to be used exclusively by licensed amateur radio operators for transmitting or receiving radio frequency signals.
TOWER, GUYED WIRE. A tower that is supported by the use of cables (guyed wires) that are permanently anchored to the ground.
TOWER, LATTICE. A type of tower that is self-supporting with multiple legs and cross-bracing of structural steel.
TOWER, MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
TOWER, WIRELESS TELECOMMUNICATION. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna, but not including amateur radio operator equipment as licensed and required by the FCC.
TRAILER. A structure standing on wheels which is intended to be towed or hauled by a motorized vehicle and used for carrying of materials, goods or objects, or as a temporary office.
USE. A purpose for which land, a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.
(1) ACCESSORY USE. A use on the same lot with, and customarily incidental and subordinate to that of the principal use or building.
(2) CONDITIONAL USE. A use permitted within a district other than a permitted principal use, requiring a conditional use approval by the Planning Commission. Additional uses permitted in each district are listed in the Schedule of Principal Permitted Uses.
(3) NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter or amendments thereto.
(4) PRINCIPAL USE. The main use to which the premises is devoted and the principal purpose for which the premises exist.
(5) TEMPORARY USE. A use established for a fixed period of time with the intent that such use will terminate automatically upon expiration of the fixed time period unless permission to conduct the use is renewed.
VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present.
VEHICLE. Any device used for transportation of people or goods over land, air or water surfaces, and/or licensed as a vehicle by the State of Ohio. This term includes without limitation, automobile, truck, trailer, bus, recreational vehicle, motorcycle, farm tractor, boat, airplane or helicopter.
VEHICLE BODY WORK. Any activity involving the repair, modification, replacement of, or application of paint or epoxy or similar application to affect modifications to a significant portion of a vehicle and/or repair, removal or replacement of any major exterior body part such as but not limited to a bumper, fender, door panel, glass or windows, or roof.
VEHICLE, COMMERCIAL. Vehicles including, but not limited to, step up vans, heavy trucks, semi-trailers, truck tractors, tractor trailers, moving vans, delivery trucks, box trucks, dump trucks, tow trucks, wreckers, buses, school buses, cranes, draglines, earthmovers, bulldozers, backhoes, trenchers or similar vehicles. The term also applies to any recreational vehicles converted from a commercial vehicle and any vehicles used as a platform for a hoist, crane, compressor, tank(s), ladder trucks, or similar equipment or as a means of transporting or storing a commercial vehicle.
VEHICLE DEALERSHIP. Any business establishment that sells new or used automobiles, trucks, vans, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. A vehicle dealership may also provide on-site facilities for body work, and the repair and service of vehicles sold or leased by the dealership, whether directly or by another automobile dealer.
VEHICLE PAINT AND BODY SHOP. A place where major and minor vehicle repair and body work is performed.
VEHICLE REPAIR, MAJOR. Heavy mechanical repair services including, but not limited to, internal engine or transmission repair or replacement and body work or painting services.
VEHICLE REPAIR, MINOR. Includes repair of the secondary systems within vehicle such as A/C system service, braking system service, fluid maintenance service, scheduled maintenance service, tune-ups, fuel injection system service, cooling system service, and air induction service. Included in these are the replacement of oil and oil filters, fluids, spark plugs, belts, hoses, brakes, tires and tire rotation.
VEHICLE REPAIR STATION. A place where, along with minor vehicle repair, gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) may be retailed directly to the public on the premises, including the sale of minor accessories.
VEHICLE SERVICE STATION. A place where gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises, including the sale of minor accessories, but not including storage of inoperable vehicles. May include convenience stores.
WETLANDS. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. As defined by the United States Army Corps of Engineers.
WIND ENERGY CONVERSION SYSTEM. Any device which converts wind energy to a form of useable energy, including windmills or wind turbines.
WINERY. A building or property that produces wine, or a business involved in the production of wine utilizing grapes grown on the premises.
WINERY, MICRO. A micro-winery is a small wine producer that does not have its own vineyard, and instead sources its grape product from outside suppliers.
WIRELESS TELECOMMUNICATION ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired telecommunication systems including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes less than two (2) meters in diameter and omni-directional antennas, such as whip antennas.
WIRELESS TELECOMMUNICATION FACILITY. Any cables, wires, lines, wave guides, antennas, cabinets, switching equipment cabinets and any other equipment or facilities associated with the transmission or reception of telecommunication as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term WIRELESS TELECOMMUNICATION FACILITIES shall not include:
(1) Any satellite dishes two meters in diameter or less.
(2) Antennas used by amateur radio operators.
(3) Television receiving antennas.
WIRELESS TELECOMMUNICATION FACILITY SITE. A tract, lot or parcel of land that contains the wireless telecommunication tower, antenna, support structures, equipment structures, accessory facilities, parking and any other uses associated with and ancillary to wireless telecommunication transmissions.
WIRELESS TELECOMMUNICATION SERVICES. Any personal and/or commercial cellular or digital mobile services.
WIRELESS TELECOMMUNICATION SUPPORT STRUCTURE. Any building or structure accessory to, but necessary for, the proper functioning of the wireless telecommunication antenna.
WIRELESS TELECOMMUNICATION TOWER. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna.
WIRELESS TELECOMMUNICATION TOWER HEIGHT. The height from the base of the structure to its top, including any antenna located thereon.
(Ord. 48-2024. Passed 10-14-23.)