1135.03 DEFINITIONS AND REFERENCES.

Any park or recreational facility that is owned, managed, or operated by the City of Sharonville, a local township, Butler or Hamilton Counties, the State of Ohio, or a nonprofit agency. Such park or recreational facility requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf courses and other similar outdoor facilities. Such uses may include accessory retail uses that are customarily incidental recreational uses including, but not limited to, souvenir or concession stands.

Adjudication Hearing

An adversarial hearing during which evidence is taken for the purpose of determining issues of fact and law that will be used by the applicable decision-making body to prepare the report and recommendation and, ultimately, will be used in preparing final findings and orders. This may also be referenced as a quasi-judicial hearing. Adjudication hearings take place during a public meeting of the applicable decision-making body and require special public notice and an opportunity for the public to be heard.

Administrative, Business, or Professional Offices

A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations, and wherein no retail trade is carried on and no stock of goods for retail sale are maintained on the premises.

Adult Arcade

Adult arcade shall mean any place to which the public is permitted or 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 regularly maintained to show images to five (5) or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.

Adult Bookstore, Adult Novelty Store, or Adult Video Store

A commercial establishment that, for any form of consideration, has as a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental of any of the following:

• Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

• Instruments, devices or paraphernalia which are designed for use in connection with "specified sexual activities."

A commercial establishment as defined in section 2907.38 of the Ohio Revised Code. An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing "specified sexual activities" or "specified anatomical areas" and still be categorized as an "adult bookstore," "adult novelty store", or "adult video store." The existence of other principal business purposes does not exempt an establishment from being categorized as an "adult bookstore," "adult novelty store," or "adult video store" so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe "specified sexual activities" or "specified anatomical areas."

Adult Cabaret

A night club, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:

• Persons who appear in a state of nudity or semi-nudity;

• Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

• 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."

Adult Entertainment

The sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of "specified anatomical areas" or "specified sexual activity."

Adult Entertainment Business

A restaurant, coffee shop, juice bar, bar, or any business establishment in which employees participate in the conduct of the business in a state of nudity.

Adult Entertainment Establishments

An adult arcade, adult bookstore, adult entertainment business, adult novelty store, adult video store, adult cabaret, adult motion picture theater, sexual device shop, adult theater, nude or seminude model studio, or sexual encounter establishment but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not an "adult entertainment establishment.

Adult Motion Picture Theater

A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

Adult Theater

A theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by their emphasis upon the exposure of "specified anatomical areas" or "specified sexual activities."

Agricultural Uses

Cultivated plats, tracts of land, or raised beds containing single variety or multiple varieties of vegetables, fruits, berries, or any other edible or otherwise consumable agricultural product or produce.

Air-Activated Graphic

A sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion. See also the definition for "Sign, Balloon."

Alley

A minor, service roadway, of not more than twenty (20) feet in width, providing a secondary means of public access to abutting property and not intended for general traffic circulation, but is not a public or private street as defined by this code.

Alteration

• Any change, addition or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed;" any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure.

• Any change of copy, sign face, color, size, height, shape, illumination, position, location, construction, or supporting structure of any sign.

Alteration (Historic Preservation)

Any material or visual change other than normal maintenance and repair to the exterior of any structure located within an historic district or to any historic property or to the publicly accessible interior of any listed property which was listed in whole or in part because of the interior's historic or architectural significance.

Alteration, Structural

Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.

Amateur Radio Antennas

A system of cables, electrical conductors, insulators, metallic or nonmetallic tubing, poles, reflecting discs, rods, wires, or similar objects used for transmission or reception of radio signals or electromagnetic waves for amateur radio service.

Animal Boarding Facilities

Any building, structure or land, or combination thereof, used, designed or arranged for the boarding, breeding or care of domestic animals or pets, for profit. Such use may also include training and daycare facilities.

Animal Hospital/Clinics and Animal Grooming

A building where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. Such uses shall not have any outdoor facilities for the boarding or keeping of animals. Such use may include facilities for animal grooming.

Antenna

Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of radio or electromagnetic waves when such system is either external to or attached to the exterior of a structure.

Antenna, Wireless Telecommunications

Any antenna system designed to transmit and/or receive communications as authorized by Federal Communications Commission (FCC), including amateur radio operators' antennas.

Appeal

A review procedure by which a person may call into question an administrative decision made in accordance with this code. See Section 1129.13.

Applicant

Unless otherwise specified, an owner of a property or an agent for the owner, including, a subdivider, developer, attorney, or similar representative, who has filed an application for development review pursuant to Chapter 1129: Review Procedures.

Application

The process by which the applicant submits a request for any type of development review or approval identified in Chapter 1129: Review Procedures. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities as required by the City.

Architectural Feature

A prominent or significant part or element of a building, structure or site.

Assembly Halls or Conference Centers

Facilities or buildings available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.

Automobile

Any motor vehicle designed and used for carrying of persons, including a truck. Such motor vehicle shall not exceed seven (7)feet ten (10) inches in height or twenty-four (24) inches in length or eight (8) inches in width.

Automotive Repair and Service (Major)

Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair). This use type may also include towing services that provide towing or conveyance of a wrecked, inoperable, disabled, or illegally parked motor vehicle but shall not include storage of such vehicles on site.

Automotive Repair and Service (Minor)

Any structure or premises used for the sale of vehicle parts and fluids, excluding fuel sales, including lubrication of motor vehicles and replacements or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, or spray painting. Such uses shall also include establishments that sell parts or tires for vehicles as a retail establishment, regardless if the parts are installed on-site.

Awning

A shelter projecting from and supported by the exterior wall of a building, constructed of non-rigid materials on a supporting framework. See also definition of "canopy."

Figure 1135-A: Examples of traditional awnings

Base Station (Wireless Telecommunications)

A structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation:

• Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul;

• Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks); and

• Any structure other than a tower that, at the time the relevant application is filed with the City, supports or houses equipment described in the first two bullet points above that has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, even if the structure was not built for the sole or primary purpose of providing such support.

The term does not include any structure that, at the time the relevant application is filed with the City under this and does not support or house equipment described in the first two (2) bullet points of this definition.

Basement or Cellar

That portion of a building where the floor level is more than four (4) feet below the adjoining finished grade.

Bed and Breakfast Establishments

Any place of lodging that provides four (4) or fewer rooms for rent on a temporary basis, is the owner's personal residence, is occupied by the owner at the time of rental, and where meals may be served to guests.

Berm

An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.

Block

The property lying between the two nearest intersecting streets, crossing or terminating, or between the nearest such street and a railroad right-of-way, unsubdivided acreage, a river or live stream, or between any of the foregoing and any other barrier to the continuity of development or the corporate lines of the City.

Figure 1135-B: Illustration of block

Block Face

All lots that have frontage on the same street as the subject lot between an intersecting street or other boundary.

Figure 1135-C: Illustration of block face

Building

Any structure, of more or less permanent construction, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property. When separated by party walls, each portion of such building shall be considered a separate structure. The term shall be used synonymously with "structure," unless otherwise noted, and shall be construed as if followed by the words "parts or parts thereof."

Building Code

Part Thirteen of these City of Sharonville Codified Ordinances.

Building Height

The vertical distance of a building as measured in Section 1113.01.

Building Lines

The lines along the interior side of required front, rear and side yards setbacks.

Building Official

The person authorized by the City and the Ohio Board of Building Standards in accordance with Building Department Certification to enforce the rules of the Board and of Chapters 3781 and 3791 of the Revised Code relating to the construction, arrangement, and the erection of buildings or parts thereof. The term "Building Official" is synonymous with "Residential Building Official" as referenced in the Residential Code of Ohio, and with "Code Official" as referenced in the International Property Maintenance Code.

Building Unit

Any building subdivided into separate units or spaces and any interior space occupying any portion of the ground floor of any building provided that each unit or space has its own exterior entrance and is separated from other such spaces by a party wall or walls.

Building, Accessory

A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use.

Building, Nonconforming

A building or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and that does not conform to the provisions of the code in the district in which it is located.

Building, Principal or Main

A building occupied by the main use of the lot on which said building is located.

Bulk Sale or Distribution of Fuels and Oils

An establishment that sells or distributes unleaded and diesel gasoline, propane, oils, or any other similar types of fuels or liquids to other businesses but not to the general public.

Caliper

The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground up to and including four (4)-inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.

Canopy

A permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building facade (e.g., structural legs, building extensions, etc.). See also the definition of "awning."

Figure 1135-D: Example of a canopy and related sign

Carport

A roofed shelter, open on at least two (2) sides, designed as a shelter for operable automobiles. A carport may be freestanding or may be formed by the extension of a roof from the side of a building.

Figure 1135-E: Example image of a detached carport.

Cellular

Wireless transmission technology which uses a grid of antennas (cell sites) to send and receive signals from mobile telephones. The antennas "hand-off" signals as the user travels between cell sites, enabling the same frequency, or channel, to be used by many callers simultaneously.

Cellular Communication Services

Personal communications accessed by means of cellular equipment and services.

Cellular or Wireless Communications Antenna

Any structure or device used to receive transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired communications systems including both directional antennas, such as panels, microwave dishes and satellite dishes, and omnidirectional antennas such as whips and other equipment utilized to serve personal communication services.

Cemeteries

Land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of Appropriateness (COA)

A certificate issued by the City of Sharonville indicating that a proposed change, alteration, construction or demolition of a designated landmark building or structure or within a designated historic site or district is in accordance with the provisions of this code.

Certificate of Zoning Approval

A permit issued by the Director of Community Development stating that a proposed development or activity complies with this code as established in Section 1129.12.

Change

Any alteration, addition, demolition, removal, or construction involving any property subject to the provisions of this code.

Change (Historic Preservation)

Any alteration, demolition, removal or construction involving any building, structure or property subject to the provisions of this code. This change shall not be related to ordinary maintenance or repair of any property provided that such work involves no change in material, design, texture, color or outer appearance of such property.

City

The City of Sharonville, Ohio

City Council

City Council or Council means the legislative body of the City of Sharonville, Ohio

City Engineer

The City Engineer for the City of Sharonville, Ohio.

COA

Certificate of Appropriateness

Code Text or Map Amendment

An amendment or change to the text of this code or to the zoning map as reviewed and decided upon by the City Council in accordance with Section 1129.03.

Codified Ordinances

The

Codified Ordinances of the City of Sharonville, Ohio

Collocation (Wireless Telecommunications)

The use of a wireless telecommunications facility, comprising a single wireless telecommunications tower, building or other structure permanently affixed to real property, supporting two (2) or more antennas, disks, pods or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private. Collocation shall apply to such devices whether readily discernible to the naked eye or camouflaged.

Commercial and Business Support Services

A profit-making activity which renders services to other commercial or industrial businesses such as, but not limited to, courier services, information technology consultants, and internet providers.

Commercial Greenhouses

An establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales. Greenhouses that are part of a larger agricultural use shall be considered accessory to the principal agricultural use of the land.

Commercial Message or Speech

Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service, or other commercial activity.

Commercial Recreational Facilities (Indoors)

A facility for any indoor profit-making activity which is providing participatory and/or spectator activities, such as, but not limited to, live performances, bowling alleys, commercial recreation, video game rooms, billiard halls, indoor skating rinks, bingo parlors and similar entertainment activities. Commercial recreational facilities shall not include "adult entertainment establishments."

Commercial Recreational Facilities (Outdoors)

Land or facilities for any profit-making activity which is providing outdoor participatory and/or spectator activities such as, but not limited to, privately managed or owned parks, amusement park, water parks, rollerblade rental, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, outdoor ice-skating rinks, batting cages or swimming pools. Commercial recreational facilities shall not include "adult entertainment establishments."

Common Area

Any land area and/or facilities that is held in common ownership by the residents through a homeowners' association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.

Community Gardens

A single piece of land that is gardened collectively by a group of people that may include individual garden plots designated for individual gardens.

Completed Application

An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.

Comprehensive Plan

The current, adopted long-range plan intended to guide the growth and development of the City, based on study and analysis of the City's existing conditions, including population and housing, historic and natural features, general land use patterns and zoning regulations, and other development considerations. References to the comprehensive plan may include supplemental plans adopted by the City of Sharonville including, but not limited to, a transportation plan, parks and recreation plan, etc.

Condominium

A multi-family dwelling or development containing individual owners' dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of a homeowners' association and/or Ohio law.

Construction

The act of constructing an addition to an existing building or structure or the erection of a new principal or accessory structure on a lot of property.

Construction Structures

A mobile home, trailer, dumpster, or similar temporary structure that is used as an office, storage, or collection of debris on a temporary basis in conjunction with a construction project.

Container

An article of transport equipment which is of a permanent character and strong enough for repeated use; is specially designed to facilitate the carriage of goods by one or more modes of transport, without intermediate reloading; and is fitted with devices permitting its ready handling from one mode of transport to another; and is so designed as to be easy to fill and empty; and has an internal volume of one cubic meter or more.

Container Ports

A facility where "containers" are temporarily stored or transferred between different vehicles for further transportation to the container's final destination.

Contractor Equipment and Storage Yards

An unenclosed area or portion of a lot upon which a construction contractor maintains its principal office or a permanent business office used to store and maintain construction equipment and other materials customarily used in the trade carried on by a construction contractor.

County

Hamilton County, Ohio, or Butler County, Ohio, as may be applicable.

Cultural Facilities

Public or private facilities used for display, performance, or enjoyment of heritage, history, or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites. Such use shall not include "theaters."

Deck

A flat surface, that is not paved, which is capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground, and that is either freestanding or attached to a building. Decks may also include stairways. Decks are unenclosed by solid or nonsolid walls or a roof.

Figure 1135-F: Example of a deck.

Dedication

The intentional and voluntary appropriation or transfer of land from the private owner to the City or other public agency for the land to be pledged to a proper public use or purpose.

Demolition

Any act or process that destroys in whole or in part any building or structure.

Density

The number of dwelling units permitted or built per acre of total land area.

Detached Accessory Buildings

See definition of "building, accessory."

Developer

Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or other legal entity commencing proceedings under this code to affect the development of land for himself or herself or for another.

Development

Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.

Director of Community Development

The Director of Community Development for the City of Sharonville, Ohio. The individual designated to administer and enforce this code, unless otherwise stated.

District

See "Zoning District."

Drive-Through Facilities

Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term "drive-through" shall also include "drive-up" and "drive-in" but shall not include vehicle washing establishments, automotive fuel sales, or automotive repair and service establishments.

Driveway

A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, structure, or a use of land.

Dwelling

A building designed or used exclusively as the living quarters for one or more families or housekeeping units.

Dwelling Unit

A single unit of one or more rooms providing complete, independent living facilities for one family, or alternatively by one housekeeping unit.

Dwelling, Multi-Family

A building or portion thereof designed with three or more dwelling units excluding "dwelling, rowhouse."

Dwelling, Rowhouse

A building where the dwelling units are structurally attached to one another, side-by-side, with shared walls. Each dwelling unit shall only be accessible by individual, exterior entrances.

Dwelling, Single-Family

A building designed for or used exclusively for residential purposes by one family or housekeeping unit.

Dwelling, Two-Family

A building, or portion thereof, designed with two dwelling units.

Easement

A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.

Educational Institutions (Higher Education)

Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, cosmetology schools, seminaries, or any other institution providing collegiate level curriculum and other post-secondary school educational opportunities.

Educational Institutions (Preschool and K-12)

A public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction, including, but not limited to, preschools, kindergartens, elementary schools, junior high schools, and high schools. This definition shall not be deemed to include colleges, trade or business schools, or other post-secondary education facilities. See "educational institutions (higher education)."

Electric Charging Stations

Public or private parking spaces which are equipped and designed to transfer electrical energy to electric or plug-in hybrid vehicles. Electric charging stations parking spots are reserved for electric or plug-in electric vehicles.

Electronic Message Center

A sign designed so that the characters, letters, or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs).

Eligible Facilities Request (Wireless Telecommunications)

Any request for modification of an existing tower or base station that would not result in a substantial change to the physical dimensions of such tower or base station, involving:

• Collocation of new transmission equipment;

• Removal of transmission equipment; or

• Replacement of transmission equipment.

Eligible Support Structure (Wireless Telecommunications)

Any tower or base station as defined in this section, provided that it is existing at the time the relevant application is filed with the City under this section.

Essential Services

The erection, construction, alteration, or maintenance by public utilities or City departments, boards, or commissions, of overhead, surface or underground gas, electrical steam, or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such City utility or City department, board, or commission or for the public health, safety, convenience, prosperity or general welfare, shall be exempt from the regulations of this code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.

Establishment (Adult Entertainment Establishments)

Establishment means and includes any of the following:

• The opening or commencement of any adult entertainment establishment as a new business;

• The conversion of an existing business, whether or not an adult entertainment establishment, to an adult entertainment establishment;

• The additions of any adult entertainment establishment to any other existing adult entertainment establishment; or

• The relocation of any adult entertainment establishment.

Existing (Wireless Telecommunications)

A constructed tower or base station is existing for purposes of this code if it has been reviewed and approved under the applicable zoning or siting process, or under another State or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is existing for purposes of this definition.

FAA

The Federal Aviation Administration

Facade

The exterior walls of a building or building face exposed to public view; the exterior face of a building that gives it a distinctive character.

Facade, Front

The facade of a building that contains the primary entrance of the building.

Facade, Primary

For the purpose of the sign regulations, a primary facade shall be as defined in Section 1123.08(a)(2).

Facade, Secondary

For the purpose of the sign regulations, a secondary facade shall be as defined in Section 1123.08(a)(2).

Facility (Wireless Telecommunications)

Any entire wireless telecommunications facility, including a tower, equipment building, parking area and other structures and signs, or one of the same, or a combination of these objects and devices.

Family

One or more persons, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two (2) persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit.

FCC

The Federal Communications Commission, which is primarily responsible for the administration of the Telecommunications Act of 1996.

Fence

Any accessory wall or structure composed of wood, metal, stone, vinyl or other material erected in such a manner and positioned to enclose, partially enclose, screen or divide any premises or part of premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose, partially enclose, screen or divide any premises or any part of any premises shall be included within the definition of fence.

Financial Guarantee

A financial deposit to ensure that all improvements, facilities, or work required will be completed in conformance with the approved plan.

Financial Institutions - Cash Advance, Check Cashing, Short-Term Loan, and Pay Day Lending

Any building, property or activity of which the principal use or purpose of which is defined individually as follows:

• "Car Title Loan Establishment": Any building, room, space, establishment, facility or portion thereof where consumer loans are secured by a title to a motor vehicle. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.

• "Cash Advance Facility": Any building, room, space, establishment, facility or portion thereof where unsecured, short-term cash advances are provided, including those made against future pay checks. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.

• "Check Cashing Facility": Any building, room, space, establishment, facility or portion thereof where checks are cashed in exchange for a percentage fee. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.

• "Pay Day Lending Facility": Any building, room, space, establishment, facility or portion thereof that provides loans to individuals in exchange for personal checks as collateral. This does not include a state or federally chartered bank, savings association, credit union or industrial loan company.

Financial Institutions - Other

Any building, property or activity of which the principal use or purpose of which is for depository purposes and including the provision of financial services including, but not limited to banks, credit unions, savings and loan institutions but does not include those institutions defined in "financial institutions - cash advance, check cashing, short-term loan, and pay day lending."

Flag

Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.

Floor Area

The total floor area used, or intended to be used, by tenants or for service to the public as customers, patrons, clients or patients, including areas occupied by fixtures and equipment used for, display or sale of merchandise. It shall not include areas used principally for the purpose of storage, nor shall it include incidental areas for repair, processing or packaging of merchandise; show windows; maintenance, toilet or restrooms; utility rooms; or dressing, fitting or alteration rooms. Where the term "gross floor area" is specifically referenced, then the term shall mean the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking.

Food Services

An establishment whose principal business is the preparation of food and beverages for serving off-site. This includes catering services where there is no on-site restaurant or area for the serving of prepared foods and drinks.

Food Trucks

A large vehicle equipped with facilities for cooking and selling food and/or drinks.

Footcandle

A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle

Fraternal, Charitable, and Service Oriented Clubs

A building or portion thereof or premises owned or operated by an entity, person or group of persons for a social, educational, religious, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Frontage

All of the property abutting on one side of a street or places (crossing or terminating) or, if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.

Frontage, Building

The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way the Director of Community Development shall have the authority to designate the building frontage. In structures with more than one business, the frontage of each business shall be calculated separately in determining its sign area. See Figure 1135-G.

Frontage, Street or Lot

The distance between the side lot lines measured along the required front setback line. In the case of a corner lot, frontage shall be measured along the shortest front lot line. Property lines which abut limited access roads shall not be construed to be included within any calculation of frontage. See Figure 1135-G.

Figure 1135-G: Illustration of building frontage versus street frontage.

Fuel Stations

An establishment that sells unleaded and diesel gasoline or any other fuel used for in vehicles as part of a retail activity available to the general public. Such use shall not include electric charging stations that are located in individual parking spaces.

Funeral Homes and Mortuaries

Any dwelling or establishment used and occupied by a professional licensed mortician for human burial preparation and funeral services.

Garage

An accessory building primarily intended for and used for the enclosed storage or shelter of motor vehicles of the owner or occupant of the principal building that is attached or detached from the principal building.

Figure 1135-H: Example image of a detached garage.

Garage or Estate Sales

Sales by residents of used or surplus personal possessions including, but not limited to all sales entitled garage, yard, lawn, basement, attic, porch, room, tent, backyard, patio, or moving. This term shall include garage sales, estate sales, lawn sales, attic sales, rummage sales or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large can be made aware of such sale.

Government Offices and Buildings

Buildings or office space utilized for the provision of services by the City of Sharonville, Butler or Hamilton Counties, the State of Ohio, or the Federal Government that does not include outdoor activities other than parking. Such uses include, but are not limited to, the municipal building, fire stations, police stations, government offices, and other similar uses.

Grade

• "Finished grade" means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement at the front of the building.

• "Natural grade" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

Grading

The stripping, cutting, filling, or stockpiling, or any combination thereof, of earth-disturbing activity, inclusive of land in its cut or filled conditions

Grass

A species of perennial grass grown as permanent lawns or for landscape purposes.

Gravel Surface Parking Lot

A parking area that is temporarily paved with gravel or loose rock while the related development is under construction.

Ground Cover

A plant growing less than two (2) feet in height at maturity that is grown for ornamental purposes.

Ground covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. Ground covers also provide permanent covering of open ground to prevent erosion and/or create visual appeal.

Hedge

A barrier of natural vegetation usually consisting of evergreen trees, shrubs, or tall grasses that can be used to enclose, screen, or separate areas.

Home Occupations

A business, profession, occupation, or trade that is conducted within a residential dwelling unit for the economic gain or support of a resident of the dwelling and is incidental and secondary to the residential use of the lot and does not adversely or perceptively affect the character of the lot or surrounding area.

Homeowners' Association

A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, private roads, or other such facilities.

Hospitals

An institution providing inpatient and outpatient medical and/or surgical care, diagnosis and treatment for sick or injured persons including beds for overnight care, laboratories, medical offices, training facilities, and other necessary accessory facilities. Such uses may include ambulance service.

Hotels

A facility offering fewer than thirty (30) days of consecutive lodging accommodations, in individual rooms or suites, on a daily rate, to the general public and potentially providing additional accessory services such as, but not limited to, restaurants, meeting rooms and recreational facilities. Such facilities shall provide only internal access to the individual rooms or suites.

Housekeeping Unit

Five (5) or fewer unrelated persons occupying a single dwelling unit, living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a hotel, motel, or other group living arrangement. Such definition shall also include all residential facilities with five or fewer residents and residential facilities, as defined in Chapter 5123 of the ORC, that contain up to eight (8) or fewer unrelated persons.

Improvement Plans

The engineering plans showing types of materials and construction details for the proposed subdivision improvements.

Improvements

Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, structures, landscaping, and other related matters normally associated with the subdivision of raw land into building sites.

Industrial Service Uses

Establishments primarily engaged in rendering services to office, business, retail, or industrial establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; machine repair, and personal supply services.

Internal Refractive Lens

A glass or plastic lens installed between the lamp and the sections of the outer luminaire globe or enclosure. Refractive refers to the redirection (bending) of the light as it goes through the lens, softening and spreading the light being distributed from the light source thereby reducing direct glare.

Interstate Expressway

For the purposes of this code, Interstate 75 and Interstate 275 are deemed interstate expressways.

Landmark

Any building, structure, site, work of art, or object that has been designated as a "landmark" by ordinance of the City, pursuant to procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archaeological significance.

Landscaping

The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs, and trees. Landscaping may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects. In no case shall landscaping include the use of artificial plants or flowers as a replacement for living plant material unless such artificial plant closely resembles its natural counterpart in size, form, and color.

Light Fixture

The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output controls, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.

Light, Cutoff

An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1113.03.

Light, Non-Cutoff

An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in Section 1113.03.

Liquor Stores

A retail establishment where the primary sale is of alcoholic drink for consumption elsewhere and which establishment is permitted by the State of Ohio.

Loading Area

An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure they serve.

Loading Space

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials that has an appropriate means of access.

Locate or Location (Wireless Telecommunications)

To place (or the placement of) a tower or related wireless telecommunications facility and incidental structures on a lot within the corporate boundaries of the City pursuant to securing the required permits through ordinary due process.

Lot

A parcel of land occupied, or to be occupied, by a main building and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required and having the minimum size required for a lot under the provisions of this code. Every lot shall abut upon and have permanent access to a public street and have a minimum frontage required in the zoning district in which the lot is located.

Lot Area

The total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. See Section 1113.01.

Lot Coverage

That portion of a lot, which when viewed from directly above, would be covered by a building as established in Section 1113.01.

Lot Depth

The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.

Lot Line

The boundary line defining the limits of the lot. Lot line is synonymous with "property line."

Lot Line, Front

In the case of an interior lot, means that line separating such lot from the street. In the case of a corner lot or double frontage lot, the front lot line is that line separating such lot from either street. See Section 1113.01.

Lot Line, Rear

A lot line opposite a front yard. A rear lot line is generally parallel to or less than forty-five (45) degrees to the front street right-of-way line. See Section 1113.01.

Lot Line, Side

A lot line generally extending perpendicular to the front and rear lot lines. The side lot line extends between the front lot line and the rear lot line. See Section 1113.01.

Lot of Record

A lot which is part of a subdivision, the part of which has been recorded in the office of the Butler or Hamilton County Recorder, as applicable, or a parcel of land the deed to which was recorded, prior to adoption of this code.

Lot Width

The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See Section 1113.01.

Lot, Corner

A lot which adjoins the point of intersection or meeting of two (2) or more streets and in which the interior angle formed by the street lines is one 135 degrees or less. See Figure 1135-I.

Figure 1135-I: Illustration of typical lot types.

Lot, Curved or Cul-De-Sac

A lot with frontage along a curved street or cul-de-sac. See Section 1113.01.

Lot, Double Frontage (Through)

A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. See Section 1113.01.

Lot, Flag (Panhandle)

A lot that has a frontage on, or is abutting, a public street but where access is provided through a narrow strip of land that fronts or has access to the street. See Section 1113.01.

Lot, Interior

A lot that has a single street frontage, a rear lot line, and at least two side lot lines. See Section 1113.01.

Lot, Nonconforming

A lot that does not meet the minimum lot width, street frontage, and/or lot area requirements of the applicable zoning district.

Luminaire

The complete lighting unit, including the lamp, the fixture and other parts.

Machinery and Heavy Equipment Sales, Leasing, Storage, and Service

An establishment engaged in the temporary storage for the sale or repair of tractor trailer trucks and other equipment or vehicles used in commercial, industrial or construction enterprises such as, but not limited to, bulldozers, cranes, backhoes, rollers, and lifts.

Manufacturing and Production (Heavy or Outdoors)

An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials, or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its lot line. Such use shall also include any manufacturing or assembly facility that requires outdoor storage areas that exceed 500 square feet in area.

Manufacturing and Production (Indoors)

The manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not noticeable from the adjacent properties. See also "manufacturing and production (heavy or outdoors)."

Maximum Extent Feasible

That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or to minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.

Mechanical Equipment

Equipment, devices and accessories, the use of which relate to water supply, drainage, heating, ventilating, air conditioning, and similar purposes.

Medical Marijuana

Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose as defined in Ohio Revised Code Section 3796.01.

Medical Marijuana Business

A business or home occupation use involving, in whole or in part, the cultivation, processing, distribution, and/or wholesale or retail sale of medical marijuana on the premises. This definition shall specifically include, but is not limited to, dispensaries of medical marijuana; facilities for the cultivation, packing, transportation, processing, storage, and/or sale of medical marijuana; and bakeries or kitchens producing edible forms of medical marijuana or products containing the same.

Medical Marijuana Cultivation

The cultivation of medical marijuana by a medical marijuana cultivator licensed by the State of Ohio.

Medical Marijuana Processing

Medical marijuana processing licensed by the State of Ohio.

Medical Marijuana Retail Dispensary

A medical marijuana retail dispensary licensed by the State of Ohio.

Medical/Dental Clinics and Health Centers

Office or clinic uses concerned with the diagnosis, treatment, and care of human beings. This definition includes twenty-four (24)-hour urgent care centers but does not include "hospitals," "medication maintenance facilities or dispensaries," "skilled nursing facilities," or "personal care facilities." The use shall not include any ambulance service or overnight stays.

Medication Maintenance Facilities or Dispensaries

A facility or use where any form of prescription medication is dispensed to patients, by a doctor, for use or consumption on-site as opposed to a pharmacy that dispenses prescription medication for use at home. Such facilities may also be used for the general outpatient treatment, counseling, and administering of addiction medicine for recovery purposes. Such use may include, but is not limited to, methadone treatment facilities as licensed by the State of Ohio.

Memorial and Monuments

A statue, building, or other structure erected to commemorate a famous or notable person, place, or event.

Microbrewery, Microdistillery, or Microwinery

An establishment where beer, liquor, wine, or other alcoholic beverage is manufactured on the premises. The manufacturing may be the principal use of the facility or may be subordinate to a restaurant, bar, or tavern. A microbrewery, microdistillery or microwinery may include some off-site distribution of its alcoholic beverages consistent with state law.

Mixed-Use Buildings

A building that contains a commercial or office use and a residential use within a single building as provided for in this code and where the residential uses are located on upper floors only.

Modification

Any change in use, addition or alteration of a building or structure, or any change in type and/or increase in quantity of regulated substances used, stored, handled or produced.

Monument

A box with an iron pin at the intersection of the centerlines of two streets or at a location where the point of tangency meets the point of curvature for curved sections of streets.

Motor Vehicle

Every vehicle propelled or drawn by power other than muscular power, except road rollers, traction engines, power shovels, power cranes and other equipment used in construction work and not designed for or employed in general highway transportation, hole-digging machinery, well-drilling machinery, ditch-digging machinery, farm machinery, trailers used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed of twenty-five (25) miles per hour or less, threshing machinery, hay baling machinery, agricultural tractors and machinery used in production of horticultural, floricultural, agricultural and vegetable products and trailers designed used exclusively to transport a boat between a place of storage and marina, or in and around a marina, when drawn or towed on a street or highway for a distance of no more than ten miles and a speed of twenty-five (25) miles per hour or less.

Multi-Tenant Use

A principal building with multiple uses of a similar use classification (e.g., commercial, industrial, etc.) but that has multiple tenant spaces and/or multiple use types. A strip mall or strip center with a mixture of retail uses such as restaurants, retail stores, and personal service establishments is an example of a multi-tenant building. Such use does not include any use within the residential use classification.

Noncommercial Speech

Any sign, wording, logo or other representation that, does fall under the definition of "commercial message or speech."

Nonconforming Site Condition

A site improvement that was legally established, but no longer conforms to the parking, landscaping, architectural, or other design standards for the site exclusive of the lot area, lot width, or other site development standards established in this code. See also "lot, nonconforming".

Nonconformity, Legal

Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of this ordinance or its amendments, which do not conform to the regulations of the applicable zoning district, and are therefore incompatible. See also the definitions for "use, nonconforming," "lot, nonconforming," "building, nonconforming," "nonconforming site condition," and "structure, nonconforming."

Nudity, Nude, or State of Nudity

The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.

Nursery Schools and Day Care Centers (Adult or Child)

A facility administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any portion of the twenty-four (24) hour day in a building other than the child's own home. This use may include, but is not limited to, after school programs, office day care centers and principal structures used for only day care/nursery school programs. This term may also include adult day care centers where persons other than children, family members, or guardians care for an adult for a portion of a twenty-four (24)-hour day in a building other than the adult's home.

Nursery Schools or Day Care Centers

As an accessory use, this term shall have the same meaning as "nursery schools and day care centers (adult or child)."

Occupant

A person who, on a regular basis, spends nights at a residence. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence.

Outdoor Dining

Areas on sidewalks (public or private), patios, or other unenclosed areas, excluding vehicular use areas, that are designated for outdoor seating where patrons may be served food and beverage for on-site dining.

Outdoor Display or Sales

The placement of small products or materials for sale outside of a retail or wholesale sales establishment.

Outdoor Lighting

Any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility. See Section 1113.03.

Outdoor Storage and Bulk Sales

A facility or lot used for the outdoor storage of materials and/or vehicles that are to be used for construction or for manufacturing processes and where such uses are the principal use of the lot. Such use may also include the sales of materials related to construction or manufacturing where the sales are direct to contractors or business and not open to the general public for retail sales. This use may also include the outdoor storage of fleet vehicles.

Outdoor Vending Machines and Drop-Off Boxes

Vending machines are small machines that are capable of accepting money in return for the automatic dispensing of goods (e.g., drink machines, snack machines, video machines). Drop-off boxes are small collection facilities where recyclable materials, clothing, or household goods are accepted from the public (e.g., neighborhood recycling stations and thrift store collection boxes).

Owner

Any individual, firm, association, syndicate, co-partnership corporation, trust or any other legal entity, having legal title to or sufficient proprietary interest in the land.

Park, Parking, Parker

The stationary placement of any vehicle for a continuous period under seventy-two (72) hours.

Parking Aisle

The driveway or access drive by which a vehicle enters and departs a parking space.

Parking Area

An area designed for the parking of vehicles that includes parking spaces and any driveways or access drives specifically related to the parking spaces.

Parking Lot, Gravel Surface

A temporary parking lot that may be surfaced with gravel during construction of the related project on the same site.

Parking Lots

An outdoor area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area.

Parking Space

A suitably surfaced and permanently maintained area on privately owned property, either within or outside of a building, of sufficient size to store one standard automobile.

Passive Parks, Open Space, and Natural Areas

Any park or recreational facility where there is no grading of the land, and no construction of facilities, lighting, or development of ball fields, with the exception that such passive parks, recreational facilities, and conservation areas may include the development of trails and sidewalks.

Patio

An unenclosed outdoor hard-surfaced area that is no higher than eighteen (18) inches above the ground. If a pergola or other roof structure is attached to the principal building and extends over the patio, then the patio and roofing shall be considered a porch.

Figure 1135-J: Illustrative example of a patio.

Pedestrian Way

A public or private right-of-way solely for pedestrian circulation.

Pennants

A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind.

Performance Standard

A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings. See Section 1113.04.

Person

Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, county or State agency within Ohio, the federal government, or any combination thereof. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the State and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district or state community college. Agency does not include the general assembly, the controlling board, the adjutant general's department, or any court.

Personal Care

Personal care means the provision of personal services, such as help in walking and getting in and out of bed; assistance with bathing, dressing, and feeding; preparation of a special diet; and supervision over medications which can be self-administered.

Personal Services

Establishments that are primarily engaged in providing services generally involving the care of the person or person's possessions. Personal services may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.

Personal Wireless Services

Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services, including cellular services.

Personal Wireless Telecommunications Service

Communications services provided by a commercial mobile service provider. It includes a common carrier wireless exchange access service, cellular services, and unlicensed wireless services.

Pick-Up Window

Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers who walk-up to the window or door during such business transactions. There shall be no direct vehicular access to the pick-up window.

Place or Placement (Wireless Telecommunications)

To locate a tower or related wireless telecommunications facility and incidental structures on a lot.

Places of Worship

A religious institution where a congregation of any denomination regularly participates in or holds religious services, meetings and other activities, including buildings in which the religious services are held and which may include accessory indoor uses such as, but not limited to, day care or educational institution facilities.

Planned Unit Development

A development that is planned for a single use, or to integrate a variety of uses into a comprehensive development, in which lot size, setback lines, yard areas, and building types may be varied and modified to achieve particular design objectives and make provision for open spaces, common areas, utilities, public improvements, and collateral uses. For the purposes of this code, Planned Unit Developments are developments approved prior to the effective date of this amendment. See Chapter 1109: Planned Unit Developments.

Planning Commission

The City Planning Commission of the City of Sharonville, Ohio

Plat

A map graphically indicating a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots, blocks, streets, alleys, public areas, and other dimensions of land.

Plat, Final

The final map of all or a portion of the subdivision which is presented to the Planning Commission and City Council for final approvals in accordance with this code, and which, if approved, shall be filed with the proper county recording officer. May also be referred to as the "final subdivision plat."

Plat, Preliminary

A plat of all parts of a subdivision prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary and water service, and other information for preliminary approval by the Planning Commission in accordance with Section 1129.06. May also be referred to as the "preliminary subdivision plat."

Playsets, Treehouses and Trampolines

Recreational equipment for children that may include, but is not limited to, swings, slides, monkey bars, and play enclosures.

Porch

An unenclosed area with a roof that is attached to a building but not used for livable space. A porch also includes paved areas without a roof if the surface area is higher than eighteen (18) inches above the adjacent grade (e.g., stoops).

Figure 1135-K: Examples of a front porch (left) and back porch (right).

Portable Storage Unit

A portable enclosed unit of durable construction or material, not to exceed eight (8) feet wide by eight (8) feet tall by sixteen (16) feet long, designed for permanent or temporary storage, which can be transported by vehicle and left on-site.

Portable Storage Unit Sales, Rental, and Storage

An establishment where the primary activity is the sale, rental, and/or storage of portable storage units.

Premises (Wireless Telecommunications)

A lot, or the immediate vicinity of a tower and related wireless telecommunications facility, consisting of land and structures and appurtenances thereof.

Preservation (Historic Preservation)

The process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.

Provider

A private or public (including governmental and quasi-governmental) entity, licensed by the Federal Communications Commission (FCC), which provides wireless telecommunications services.

Public Hearing

A public hearing is where a decision-making board (City Council, Planning Commission, or BZA) holds a special review of an application where specific notice is provided to the public and the public is afforded an opportunity to speak and be heard. Public hearings take place during a public meeting of the applicable decision-making body.

Public Improvements

See definition of "improvements."

Public Meeting

A public meeting is a prearranged gathering of a majority of the members of a public body (City Council, Planning Commission, or BZA) for the purpose of discussing public business. Public meetings are subject to the Open Meetings Act of Ohio. Both public hearings and adjudication hearings, as defined and addressed in this code, can only take place at a public meeting.

Public Parking Lots or Garages

An outdoor area or structure owned by a government agency that contains marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking.

Public Utility

Persons, corporations or governments supplying gas, electric, cable television, transportation, water, sewer or land line telephone service to the general public. For purposes of this code, telecommunications facilities of any kind shall not be considered public utilities.

Public Utility Buildings and Facilities

Structures and land used for storage, transmission, or recovery facility for water, sewerage, telephone, electric or gas and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission (PUCO). Such uses may also include salt storage or other outdoor activities necessary for the efficient operations of the local, state, or federal government.

Raceway or Wireway

An elongated metal enclosure used to mount individual channel lettering and to conceal related transformers and wiring.

Radio Frequency (RF)

Any of the electromagnetic wave frequencies that lie in the range extending from below 3 kilohertz to about 300 gigahertz and that include frequencies for radio, television and wireless telecommunications.

Raising of Domestic Animals

The raising, caring, and feeding of certain animals, as established in Section 1111.01(g)(16), on residential lots.

Reconstruction (Historic Preservation)

The act or process of depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.

Rehabilitation (Historic Preservation)

The act or process of making possible a compatible use for a property through repair, alteration, and addition while preserving those portions or features which convey its historical, cultural, or architectural values.

Research and Development Facilities

An establishment or facility for carrying on investigation in the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Such establishment shall not include the manufacturing or assembly of products beyond the development of prototype systems or products. All activities shall take place within an enclosed building.

Residential Community Centers

A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development with which the use is associated and that may be privately owned or jointly owned by property owners.

Residential Facilities

Any residential facility meant as a permanent residence for persons, licensed by the State of Ohio, designed to allow not more than sixteen (16) persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate living activity in a non-institutional environment as regulated by Chapters 5119, 5120 and 5123 of the Ohio Revised Code.

Restaurants

An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings, to be consumed within the building or as take-away but shall not be served through a drive-through facility or to customers waiting in their vehicles for consumption on the premises.

Restaurants, Drive-In or Drive-Through

An establishment that furnishes the patron with food and/or beverages in a ready-to-consume state, primarily in plastic, paper or other disposable containers, and where the consumption of food and/or beverages is allowed either in the main building, a motor vehicle parked on the premises, an open area on the premises outside the main building, or off the premises.

Restoration (Historic Preservation)

The act or process of accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.

Retail Businesses

Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A retail business use includes, but is not be limited to such activities as: supermarkets; stores that sell electronics, hardware, apparel, footwear, appliances, furniture, department stores, and discount stores. In Table 1105-1, retail businesses are divided into two categories by size (10,000 square feet or smaller and over 10,000 square feet). Such size shall be defined as the gross floor area of the entire footprint of the building.

Retail Commercial Uses

For the purposes of accessory uses, this term shall mean "retail businesses" that are accessory to the principal use.

Ride Share Waiting Zone

A designated waiting area designed to accommodate travelers awaiting a ride-share service.

Right-of-Way

A strip or area of land dedicated for use as a public roadway, railroad, or dedicated for other public uses. For streets, the right-of-way typically includes the paved roadway, curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

Roadway

See definition of "street."

Roof Line

Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. In regards to sign placement, where a building has several roof levels, the pertinent roofline or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.

Satellite Dishes

A parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.

Screening

A method of visually shielding or obscuring a structure, parking, mechanical equipment, refuse collection center or incompatible land use, from another and from public view by fencing, walls, beams or densely planted vegetation.

Self-Storage Facilities

A building that contains varying sizes of individual, compartmentalized, or controlled-access stalls, lockers, or buildings for the dead storage of a customer's goods or wares where the access to such stalls or lockers can occur within the inside of the building or from the exterior of the building and where there is no outdoor storage. Self-storage facilities shall also include buildings used for storage of personal or business items, regardless of commercial purposes, where such storage exceeds forty percent (40%) of the total floor area of the building.

Semi-Nudity or Semi-Nude Condition

A state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.

Setback

Setback means the required minimum horizontal distance between a lot line or the proposed right-of-way, whichever is more restrictive and a building, surface parking lot or structure as established by this code.

Setback Line

A line established by this code generally parallel with and measured from the lot line or the right-of-way, whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare line, except as may be provided in this code. For example, a front yard setback line is the line formed by applying the minimum front yard setback from any applicable front lot lines.

Setback, Building

The setback required from any right-of-way and the principal or accessory building as established in this code.

Setback, Front

The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the front lot line. See Section 1113.01.

Setback, Rear

The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and the rear lot line. See Section 1113.01.

Setback, Side

The minimum distance required between a building, structure, parking area, outside storage area, or other use of the property, and a lot line that is shared with another lot where such lot line is defined as a side lot line. See Section 1113.01.

Sexual Device Shop

A commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.

Sexual Encounter Establishment

A business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:

• Two (2) or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities; or

• Two (2) or more persons appear nude or seminude for the purpose of displaying their nude or seminude bodies for their receipt of consideration or compensation in any type or form.

An establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to section 4731.15 of the Revised Code, is not a "sexual encounter establishment."

Shrub

A self-supporting, deciduous or evergreen woody plant, normally branched near the base, bushy, and less than fifteen (15) feet in height.

Sidewalk

That portion of the road right-of-way, easement, or private property that is improved for the use of pedestrian traffic by the general public.

Sign

Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.

Sign Area

The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to Section 1123.05.

Sign Copy

Those letters, numerals, and figures, symbols, logos, and graphic elements comprising the content or message of a sign.

Sign Face

The surface of the sign upon, against or through which the message of the sign is exhibited.

Sign Height

The vertical distance of a sign, from top to bottom, as measured in accordance with Section 1123.05.

Sign Structure

Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.

Sign, A-Frame

A freestanding sign which is ordinarily in the shape of an "A" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-frame signs.

Sign, Awning

A permanent sign painted on, printed on or attached flat against the surface of an awning.

Sign, Balloon

A sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. Balloon signs are restrained, attached or held in place by a cord, rope, cable, or similar method. See also the definition for "Air-Activated Graphic."

Sign, Banner

A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable, or a similar method. Where a banner sign is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a temporary "yard sign."

Sign, Building

Any permanent sign attached to any part of a building including awning, canopy, marquee, projecting, hanging, or wall signs.

Sign, Canopy

A permanent sign attached to the soffit or fascia of a canopy of a covered entrance or walkway, or to a permanent awning or marquee.

Sign, Changeable Copy

A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. See also the definition of "sign, manual changeable copy" and "electronic message center."

Sign, Drive-Through Facility

Any permanent signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.

Sign, Driveway

A small permanent sign located near driveway access points and/or at the intersection of internal access drives.

Sign, Feather

A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.

Sign, Freestanding

Any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building or other structure.

Sign, Ground

A permanent freestanding sign that is supported by one or more poles, posts or braces in or upon the ground and is supported independently of any other structure.

Figure 1135-L: The above images provide two different examples of ground signs.

Sign, Illuminated

Any sign which has characters, letters, figures, designs, or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.

Sign, Manual Changeable Copy

A changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as readerboards.

Sign, Monument

A permanent freestanding sign, not attached to a building, that is placed upon or supported by the ground independently of any other structure, and is limited to a height not to exceed eight (8) feet. Monument sign, unlike pole signs or ground signs, typically are on a monument or pedestal structure.

Figure 1135-M: The above image provides an example of two monument signs.

Sign, Nonconforming

Any sign which was erected legally prior to the adoption of this code, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.

Sign, Permanent

A sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground and that is constructed of rigid, non-flexible materials.

Sign, Pole

A sign which is supported wholly by a pole or poles and designed so as to permit pedestrian or vehicular traffic to flow underneath the bottom of the sign cabinet or copy.

Figure 1135-N: The above image provides an example of a pole sign.

Sign, Portable

A temporary sign that may be placed outside, during business hours, in accordance with this code and all other applicable ordinances and resolutions. See definition of "sign, T-frame" and "sign, A-frame."

Sign, Projecting

A permanent sign that is affixed perpendicular to a building or wall and extends more than eighteen (18) inches beyond the face of such building or wall.

Sign, Roof

Any sign erected on a roof.

Sign, Signature Wall

A wall sign typically placed beneath the roof line of a tall building wall facing Interstate 75.

Sign, Temporary

A sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display.

Sign, T-Frame

A temporary portable sign which is ordinarily in the shape of an upside down "T" or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also

the definition for A-frame signs.

Sign, Wall

A permanent sign attached directly to an exterior wall of a building and which does not extend more than eighteen (18) inches from nor above the roof line or beyond the limits of the outside wall, with the exposed face of the sign in a plane parallel to the building wall. Murals and other painted signs are considered wall signs pursuant to this section.

Sign, Window

Any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building.

Sign, Yard

Any temporary sign placed on the ground or attached to a supporting structure, posts, or poles, that is not attached to any building.

Site (Wireless Telecommunications)

For towers other than towers in the public rights-of-way, the current boundaries of the leased or owned property surrounding the tower and any access or utility easements currently related to the site, and, for other eligible support structures, further restricted to that area in proximity to the structure and to other transmission equipment already deployed on the ground. The current boundaries of a site are the boundaries that existed as of the date that the original support structure or a modification to that structure was last reviewed and approved by the City, if the approval of the modification occurred prior to the Spectrum Act or was otherwise outside of the Section 6409(a) process.

Site Plan

A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas, and any other features that comprise a proposed development that are further defined in Section 1129.07 and that demonstrate a development's compliance with this code.

Site Plan Review

The review of proposed site plans as reviewed and decided upon in accordance with Section 1129.07.

Skilled Nursing

Those nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge, and skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions, and prescriptions of the attending physician or surgeon.

Skilled Nursing or Personal Care Facilities

A long-term or short-term in-patient care facility that provides skilled nursing services or personal care in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as "hospitals" or "residential facility."

(Ord. 2022-22. Passed 5-10-22.)

Smokers Lounge/Vape Store

Any building, room, space, establishment, facility or portion thereof that devotes fifty percent (50%) or more of its display floor area to the use, and/or sale of pipes, hookah pipes, electronic cigarettes, alternative nicotine products as defined in ORC 2927.02(A)(2)(a) and other similar devices inclusive of tobacco products, smoking accessories, devices, or cartridges.

(Ord. 2024-59. Passed 11-19-24.)

Solar Panels

The equipment and requisite hardware that provides and is used for collecting, transferring, converting, storing, or using incident solar energy for water heating, space heating, cooling, generating electricity, or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun's energy in building design and construction components; solar thermal energy systems that convert sunlight to heat as in a hot water tank or swimming pool; and photovoltaic solar energy systems that convert sunlight to electricity.

Specified Anatomical Areas

• The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

• Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.

Specified Sexual Activities

Specified sexual activities means any of the following:

• The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

• Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or

• Excretory functions as part of or in connection with any of the activities set forth in Section 1105.03(i).

Stacking Space

A portion of the vehicular use area on a site that is dedicated to the temporary storage or "standing" of vehicles engaged in drive-through use of the site or development.

Static/Instant Message Change

On electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing, or other movement of the message.

Store, Stored, Storing

The stationary placement of any vehicle for a continuous period over seventy-two (72) hours.

Story

That portion of a building included between the surface of any 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.

• "First story", as applied to the residential district, means the lowest story or the ground story of any building, the floor of which is less than four ( 4) feet below the average contact ground level at the exterior walls of the building.

• "Half story", as applied to the residential districts, means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are less than four (4) feet above the floor of such story.

Streamer

A ribbon-shaped or cord-like rope which may have pennants and/or banners attached, and which is stretched or hung between two (2) or more supports.

Street

A right-of-way dedicated or deeded and accepted for public use, which provides for vehicular and pedestrian traffic. A street will typically include:

• The paved area, or cartway, principally for use by motorized vehicles, and usually bordered with curbs and gutter;

• A sidewalk between the paved area and right-of-way line principally for use by pedestrians; and

• A landscaped area between the sidewalk and paved area which is often called a "treelawn".

Street Line

The street right-of-way line.

Street, Arterial

A public street that carries vehicular traffic of a State or Federal highway route, excluding Interstate 75 and 275, or a highway primarily for through traffic, carrying heavy loads and large volumes of traffic, usually on a continuous route.

Street, Collector

A street which carries or is expected to carry large amounts of vehicular traffic whose origin or destination is not primarily in abutting properties. Collector streets are intended to provide access to neighborhoods or sub- neighborhoods and to carry traffic from local streets to the arterial street system, including the principal entrance and circulation routes within a residential subdivision.

Street, Cul-de-Sac

A short street having one open end to traffic and the other end permanently terminated by a vehicle turnaround.

Street, Dead-End

A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

Street, Local

A street designed primarily for providing access to residential, commercial or other abutting property through driveways or other access points.

Street, Private

An area set aside to provide access for vehicular traffic within a development that is not dedicated or intended to be dedicated to the City and that is not maintained by the City.

Street, Public

A street that has been dedicated or deeded to the public for public use and which affords principal access to abutting property.

Structural Alteration

Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.

Structure

That which is constructed on or under the ground or attached or connected thereto, including but not limited to: buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks; and excluding trailers and other vehicles whether on wheels or other supports.

Structure (Wireless Telecommunications)

Any man-made building or object affixed to a lot on which is located a wireless telecommunications tower and related facility, and is incidental, ancillary or otherwise supportive to that facility.

Structure, Accessory

A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

Structure, Nonconforming

A structure or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and which does not conform to the provisions of the code in the district in which it is located.

Structure, Temporary

A structure permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A temporary structure is without a foundation or footing.

Subdivider

Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this code to affect a subdivision of land hereunder for himself or for another.

Subdivision

The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, not involving the division, combination, alteration, or allocation of land for the opening, widening or extension of any street or streets, and 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, shall be exempted.

Subdivision Modification

A modification to any of the public improvement or subdivision design standards of Chapter 1125: Subdivision Design, as authorized by the Planning Commission in accordance with Section 1129.06(f).

Subdivision, Major

A subdivision that is not classified as a minor subdivision.

Subdivision, Minor

A division of a parcel of land along an existing street not involving the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided. See further distinction in Section 1129.05.

Substantial Change (Wireless Telecommunications)

A modification substantially changes the physical dimensions of an eligible support structure if it meets any of the following criteria:

• For towers other than towers in the public rights-of-way, it increases the height of the tower by more than ten percent (10%) or by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; for other eligible support structures, it increases the height of the structure by more than ten percent (10 %) or more than ten (10) feet, whichever is greater;

• Changes in height should be measured from the original support structure in cases where deployments are or will be separated horizontally, such as on buildings' rooftops; in other circumstances, changes in height should be measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved prior to the passage of the Spectrum Act.

• For towers other than towers in the public rights-of-way, it involves adding an appurtenance to the body of the tower that would protrude from the edge of the tower more than twenty (20) feet, or more than the width of the tower structure at the level of the appurtenance, whichever is greater; for other eligible support structures, it involves adding an appurtenance to the body of the structure that would protrude from the edge of the structure by more than six (6) feet;

• For any eligible support structure, it involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or, for towers in the public rights-of-way and base stations, it involves installation of any new equipment cabinets on the ground if there are no pre-existing ground cabinets associated with the structure, or else involves installation of ground cabinets that are more than ten percent (10%) larger in height or overall volume than any other ground cabinets associated with the structure;

• It entails any excavation or deployment outside the current site except that, for towers other than towers in the public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than thirty (30) feet in any direction. The site boundary from which the thirty (30) feet is measured excludes any access or utility easements currently related to the site;

• It would defeat the concealment elements of the eligible support structure; or

• It does not comply with conditions associated with the siting approval of the construction or modification of the eligible support structure or base station equipment, provided however that this limitation does not apply to any modification that is non-compliant only in a manner that would not exceed the thresholds identified in the first four bullet points of this definition as stated above.

Swimming Pools

Any pool, lake, or open tank, primarily used for swimming or wading, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than three (3) feet and as further defined in Section 1111.01(g)(20).

Taverns or Bars

Establishments whose primary purpose is providing or dispensing, for on-site consumption, any fermented malt beverage, malt beverage, special malt, vinous, or spirituous liquors. The sale of food products including, but not limited to, sandwiches and light snacks may be a secondary use to the service of the aforementioned drinks.

Telecommunications

All communications services and the use thereof, whether by means of public or private providers, and includes cellular telecommunications, personal wireless services and amateur radio broadcasting, by any transmission, emission or reception of signals, writing, images and sounds, or information of any nature by wire, radio, visual or the electromagnetic system.

Temporary Sales Office or Model Home

A dwelling unit temporarily converted into a sales and display office or a temporary sales office established in a development or subdivision for the purpose of providing an example of the units in the development.

Temporary Tents

Any temporary structure used for temporary sleeping purposes, or for temporarily sheltering a gathering, constructed wholly or in part from canvas, tarpaulin, cotton, fabric or other similar materials.

Tennis or Other Recreational Courts

An area of a yard that is permanently improved and surfaced for the recreational use of the property owner for games such as tennis, basketball, racquetball, and similar sports or games.

Theaters

Any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances. Such use may include a lobby area and refreshment stand for the patrons.

Tower (Wireless Telecommunications)

Any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site.

Trailer

Every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a semi-trailer and a vehicle of the dolly type, such as that commonly known as a trailer dolly, a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than twenty-five (25) miles per hour, and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than twenty-five (25) miles per hour.

Transmission Equipment (Wireless Telecommunications)

Equipment that facilitates transmission for any FCC-licensed or authorized wireless communication service, including, but not limited to, radio transceivers, antennas, coaxial or fiber-optic cable, and regular and backup power supply. The term includes equipment associated with wireless communications services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.

Tree

A self-supporting woody, deciduous or evergreen plant with a well-defined central trunk or stem which normally grows to a mature height of fifteen (15) feet or more in Hamilton County or Butler County, Ohio, as applicable.

Tree Drip Line

An area on the ground that is defined by the edge of the tree canopy.

Tree, Canopy

A tree that has an expected height at maturity greater than forty (40) feet and which produces significant shade because it has a crown that is oval, round, vase-shaped, or umbrella-shaped.

Tree, Deciduous

Generally, a tree that loses all of its leaves for part of the year. Sometimes called a broad-leaf tree or a hardwood tree.

Tree, Evergreen

A tree that remains green throughout the year.

Truck Terminals

The use of property or buildings for a business establishment that is primarily related to the distribution of goods and merchandise and/or the temporary parking of motor freight vehicles or trucks during loading and unloading, and between trips. While truck terminals may include necessary warehouse space for storage or transitory freight, such storage shall be short-term (thirty (30) days or less). Truck terminals may include building facades that are occupied entirely or partially by loading docks and garages for access by trucks.

Type-B Day Care Homes

A permanent residence of the provider in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises of the Type B Home shall be counted. A Type B Home does not include a residence in which the needs of children are administered, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.

Use

Any purpose for which a lot, building, or other structure, or a tract of land may be designated, arranged, intended, maintained, or occupied; or any activity, occupation, business, or operation carried on or intended to be carried on in a building or other structure or on a tract of land.

Use, Accessory

A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.

Use, Conditional

A use which may be appropriate or desirable in a specified zoning district, but requires special approval through the conditional use approval process (See Section 1129.04.) because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.

Use, Nonconforming

Any building or land lawfully occupied by a use that was in accordance with the zoning regulations, if any, in existence when the use commenced and which, through subsequent enactments or changes of zoning regulations either prior to the passage of this code or by the passage of this code or amendments thereto, does not conform or did not conform thereafter with the use regulations of the district in which it is situated.

Use, Permitted

A use which is permitted in a specified zoning district through either a certificate of zoning approval or site plan review, as may be applicable.

Use, Permitted with Standards

A use which is permitted in a specified zoning district through either a certificate of zoning approval or site plan review, as may be applicable, provide such use meets the additional use-specific standards set forth in this code.

Use, Principal or Main

The main use of land or buildings as distinguished from subordinate or accessory uses. A principal use may be either permitted, permitted with standards, or conditionally permitted.

Use, Temporary

A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. See Chapter 1111: Accessory and Temporary Uses.

Variance

A modification of the strict terms of these 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 these regulations would result in a practical difficulty. See Section 1129.11.

Vehicle

Every device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices other than bicycles moved by human power. Where a vehicle type is not specifically defined in this code, such vehicle shall be considered as defined by the Ohio Revised Code.

Vehicle Sales and Leasing

Any building or land where new or used passenger cars, pick-up trucks, motorcycles, boats, trailers, and other recreational vehicles, in operational condition, are sold or leased to customers. Where Table 1105-1 includes the term "(new)" in the name, such use shall be the sale of only new vehicles. Where Table 1105-1 includes the term "(used)" in the name, such use may include the sale of new or used vehicles.

Vehicle Washing Establishments

The use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment. This shall include establishments that provide car detailing services.

Vehicle, Fleet

Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.

Vehicle, Recreational

A vehicle or a vehicular portable structure designed and constructed to be primarily used for recreational purposes or for the purpose of a temporary dwelling used for travel, recreation or vacation. Recreational vehicles may include, but are not limited to trailers, boats, jet skis and other personal watercraft, snowmobiles and the following uses:

• "Travel trailer" means a non-self-propelled recreational vehicle including tent type fold out camping trailer or a fifth-wheel.

• "Motor home" means a self-propelled recreational vehicle constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.

• "Truck camper" means a non-self-propelled recreational vehicle, without wheels for road use and designed to be placed upon and attached to a pick-up style body. Truck camper does not include truck covers, which consist of walls and roof but do not have floors and facilities for using same as a dwelling.

• "Van with luggage rack" means a van with luggage rack and/or extended top larger than a permitted residential vehicle.

Vehicle, Residential

Any motor vehicle, including a truck, which shall not exceed any of the following dimensions, seven feet ten inches (7'-10") in height, twenty-four feet (24') in length or eight inches (8') in width.

Vehicular Use Area

The entire paved area that encompasses all parking spaces, loading areas, stacking spaces, and the access drives that provide access to those spaces but that does not include the entry drive or driveway with no direct access to a parking space, stacking space, or loading space. For residential uses, the vehicular use area shall include the driveway, garage, and any other parking areas.

Violation

The failure of a structure or other development to be fully compliant with the regulations of this code.

Wall

An architectural partition with a height and length greater than its thickness; used to divide or enclose an area or to support another structure.

Wall, Retaining

A retaining wall is a structure that holds back soil or rock from a building, structure or area. Retaining walls prevent downslope movement or erosion and provide support for vertical or near-vertical grade changes.

Warehouses

A business establishment primarily engaged in the long-term storage (over thirty (30) days) of goods and merchandise within a single building (not individual compartments) that may contain, loading and unloading docks. Warehouses shall not include any building facade that is contain loading docks or garages that occupy more than forty percent (40%) of the facade width. See also "self-storage facilities" or "truck terminals."

Wholesale Establishments

An establishment or place of business primarily engaged in selling merchandise to retailers, including associated showrooms and warehousing; to industrial, commercial, institutions, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

Wide-Body Refractive Globe

A translucent lamp enclosure used with some outdoor luminaires to provide a decorative look (including but not limited to acorn- and carriage light style luminaires). "Wide-body" refers to a wider than average size globe (greater than fifteen and seventy-five hundredths (15.75) inches in diameter). "Refractive" refers to the redirection (bending) of the light as it goes through the lens, rendering the luminaire more effective. Wide-body refractive globes are intended to soften and spread the light being distributed from the light source thereby reducing direct glare.

Windblown Devices

Objects and signs designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical, or any other means and may include, but are not limited to pennants, ribbons, streamers, spinners, or similar objects.

Wireless Communications Towers and Antenna

A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.

Yard

An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code. See Section 1113.01. for rules of measurement and determination for all yard types.

Yard, Front

Unless otherwise stated in Section 1113.01, a front yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.

Yard, Rear

Unless otherwise stated in Section 1113.01, a rear yard is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.

Yard, Side

Unless otherwise stated in Section 1113.01, a side yard is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.

Zoning District

An area within the City limits for which the regulations and requirements governing use are uniform as defined by Chapter 1103: Establishment of Zoning Districts.

Zoning District, Base

The base zoning district is the zoning district established for each property that includes any of the residential and nonresidential zoning districts established in Chapter 1105: Base Zoning Districts and Principal Uses and Chapter 1109: Planned Unit Developments.

Zoning District, Nonresidential

The term "nonresidential zoning district" shall include the OB, LB, GB, CBD, SM-D, CS, GI, ITC, and PF Districts, regardless if residential uses are permitted.

Zoning District, Overlay

A special secondary zoning district that lies over an underlying base zoning district. Such overlay district provides development control which alters some of the base zoning district regulations.

Zoning District, Residential

The term "residential zoning district" shall include the R1-A, R1-B, R2-C, and RM-D Districts.

Zoning Map

An accurate map depicting the City of Sharonville, Ohio, and indicating the official boundaries of the zoning districts established by this code. See Section 1103.03.

(Ord. 2022-22. Passed 5-10-22.)

CODIFIED ORDINANCES OF SHARONVILLE

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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