1117.01   USES.
   A.
   Accessory Dwelling Unit (ADU). A residential dwelling unit, but not a mobile home, located on the same lot as a detached single-family dwelling, either within the same building or in a detached building.
   Adult Day Care. A licensed facility for the daytime care of an adult with a mental or cognitive impairment.
   Adult Entertainment Business. Any establishment involved in the sale of services or products characterized by the exposure or presentation of specified anatomical areas or physical contact of live male or females, and which is characterized by salacious conduct appealing to prurient interest (as defined by the Supreme Court of Ohio) for the observation or participation in by patrons. Services or products included within the scope of an adult entertainment business are photography, dancing, viewing, reading, massage, and similar functions which utilize activities as specified herein.
   Agriculture. See R.C. § 1.61, as amended.
   Agricultural Retail. A building or structure, including, but not limited to, a roadside stand, used for the retail sales of fresh fruits, vegetables, flowers, herbs, or plants incidental to the operation of a farm, which may also include the accessory sales of other unprocessed foodstuffs, home processed food products such as jams, jellies, pickles, sauces, or baked goods, and home-made handicrafts, and excluding commercially packaged handicrafts or commercially processed or packaged foodstuffs.
   Agricultural Tourism. An establishment to support any activity incidental to the operation of a farm that brings members of the public to the farm for educational, recreational, and/or agricultural retail purposes where an admission fee may or may not be charged.
   Air Transportation Services. Any area of land or use devoted to the take-off, landing and storing and servicing of aircraft, and any appurtenant areas designated, set aside, used, or intended for use for related buildings and facilities located thereon.
   Air Transportation Services, Heliport. A private use heliport, helipad, or helistop which provides helicopter landing area for the transport of persons or the transport of patients needing specialized medical treatment; or the emergency transport of organs, blood, medicine, or medical equipment.
   Alternative Financial Services. An establishment providing loans to individuals in exchange for personal checks as collateral.
   Animal Boarding and Stables (excluding Kennels). Any structure, land, or combination thereof used, designed, or arranged for the boarding, breeding, or care of dogs, cats, fowl, horses, or other similar domesticated animals for profit, but exclusive of livestock and farm animals.
   Animal Shelter. A licensed facility used to house or contain stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.
   Antique Shop. Any premises used for the sale or trading of articles of which 80% or more are over 100 years old or have collectible value. Antique shop does not include a thrift or second-hand store or any outdoor storage.
   Auction Facility. A building, area, or areas within a building used for the public sale of goods, wares, merchandise, or equipment to the highest bidder, but not including auctions of livestock, farm animals, or vehicles.
   B.
   Beverage, Brewing and Distilling. An establishment where beer, malt beverages or spirits are made on the premises and then sold or distributed either by wholesale or retail, which may include incidental on-premise consumption.
   Beverage, Non-Alcoholic Production. Production of non-alcoholic beverages made on premises and then sold or distributed off-site either by wholesale or retail.
   Beverage, Distribution. A facility for storage and wholesale distribution of alcoholic beverages, but not including retail sales.
   Beverage, Liquor, Beer or Wine Store. An establishment for the sale of beer, wine and general alcoholic beverages, including the sale of distilled spirits or hard liquor, for off-premises consumption, but not including the incidental sale of convenience items such as, without limitation, pre-packaged snacks, non-alcoholic beverages, personal care items, clothing, household items and/or cigarettes.
   Bar/Tavern. A venue primarily devoted to serving alcoholic beverages in which the service of food is only incidental to the sale and consumption of such beverages.
   Boarding House. The lodging part of a building or part thereof where lodging and/or meals are provided for compensation for three or more persons who are not transients.
   Boarding/Kennel, Indoor. Any structure used, designed, or arranged for the boarding, breeding or care of pets, animals, domestic animals, fowl, or horses, for profit exclusively indoor, but exclusive of livestock or farm animals, and licensed by the State of Ohio.
   Boarding/Kennel, Outdoor. Any structure and property used, designed, or arranged for the boarding, breeding or care of dogs, cats, pets, fowl, horses, or other domestic animals for profit, but exclusive of livestock and farm animals, and licensed by the State of Ohio, which includes outdoor care or boarding of animals.
   Bus Depot. An establishment engaged in furnishing mass passenger transportation over regular routes and on regular schedules. Also included in this definition are parking lots provided for the use of passengers or employees of the transit provider.
   C.
   Camping. Any parcel or tract of land under the control of any person, organization, or governmental entity wherein sites are offered for the use of the public or members of any organization for the establishment of temporary living sites for two or more recreational vehicles, tents or camping units. Facilities for personal care, such as bathrooms and showers, may be provided in common facility or hook-ups on individual sites.
   Catering. A business establishment engaged in providing food services for off-premises consumption with equipment and vehicles to transport meals and snacks to events and/or prepare food at an off-premises site.
   Cemetery. Land used for the burial of the dead and dedicated for cemetery purposes, including columbarium, mausoleums and mortuaries when operated in conjunction with and within the boundary of the cemetery.
   Child Day Care Center. An establishment in which child care or publicly funded child care is provided for seven or more children at one time, where the licensee or administrator is administering to the needs of infants, toddlers, preschool-age children, and school-age children outside of school hours by persons other than their parents, guardians, or custodians for part of the 24-hour day in a place other than a child’s own home, except that where an in-home aide provides child care in the child’s own home, by a provider required to be licensed or approved by the Ohio Department of Job and Family Services.
   Child Day Care – Type A Home. The permanent residence of the administrator in which childcare or publicly funded childcare is provided by an employee or employees for seven to 12 children at one time or for four to 12 children at one time, if four or more children at one time are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. "Type A family day-care home" and "type A home" shall not include any child day camp as defined in R.C. § 5104.01. The provider shall be certified by the Ohio Department of Job and Family Services.
   Child Day Care – Type B Home. A permanent residence of the provider in which care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted, but not including any child day camp as defined in R.C. § 5104.01. The provider may or may not be certified by the Ohio Department of Job and Family Services.
   Clothing Services, Dry Cleaning. An establishment or business maintained for the pickup and delivery of dry cleaning and/or laundry.
   Clothing Services, Tailor. An establishment that mends, alters, and repairs clothing for members of the general public. Does not include the manufacture of clothing for sale or distribution to other distributors or retailers or the sale of clothing directly to the general public.
   Commercial Animal Sales and Feedlots. A distinct agricultural operation or establishment which keeps, feeds, or raises livestock for commercial purposes and as a principal land use. These include piggeries, dairies, dairy and beef cattle ranching, feedlots, chicken, turkey and other poultry farms, rabbit farms, apiaries, and aviaries.
   Commercial Laundry or Dry Cleaning Establishment. An establishment engaged in actual laundering, dry cleaning, or dyeing services, other than those uses classified as consumer service, large or small. Typical uses include laundries, diaper services, linen supply services, and dry cleaners.
   Concentrated Animal Feeding Facility. A lot, building, or structure where both of the following conditions are met:
      (1)   Livestock and farm animals have been, are, or will be stabled or confined and fed or maintained there for a total of 45 days or more in any 12-month period.
      (2)   Crops, vegetative forage growth, or post-harvest residues are not sustained in the normal growing season over any portion of the lot, building, or structure.
   Also includes land that is owned or leased by or otherwise is under the control of the owner or operator of the lot, building, or structure and on which manure originating from livestock or farm animals in the lot, building, or structure or a production area is or may be applied. Two or more facilities under common ownership shall be considered to be a single facility for the purposes of this chapter if they adjoin each other or if they use a common area or system for the disposal of manure.
   Community Facility, Activity Center. A facility where activities are programmed for children, adults, or seniors by a public or not-for-profit entity. Activities must be community-oriented and may be located indoors or on associated playfields.
   Community Facility, Detention and Corrections. A facility for the detention, confinement, treatment or rehabilitation of persons arrested or convicted for the violation of civil or criminal law, including adult detention centers, juvenile delinquency centers, jails, and prisons, which house facilities who are in the custody of law enforcement, and that are typically, but not exclusively, government owned.
   Community Facility, Government Administration and Court. A facility where government or judicial business is carried out by a public entity.
   Community Facility, Active Outdoor Recreation. A public, private, or non-profit facility for community athletic and active recreational activities that is open to the public and may contain incidental concession stands that serve prepared or packaged foods.
   Community Facility, Passive Outdoor Recreation. A non-commercial outdoor recreation facility consisting of woodlands, water courses, or fields used for active recreational activities that do not require modifying the existing setting.
   Community Facility, Park. An outdoor, public place where people may carry on passive recreation, including cultural or social activities or playgrounds and/or ball fields.
   Community Facility, Public Health and Safety. A government facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.
   Community Facility, Trail. A public, non-commercial, naturalized, gravel, dirt, or paved path intended for walking, hiking, running, or cycling.
   Correctional Facility. A secured facility under the supervision of the judiciary, correctional departments of any local, state, or federal governments, or any law enforcement agency in which persons are or may be lawfully held in custody after arrest or as a result of conviction of a crime.
   Cultural Facility, Public. A building, open to the public, which is devoted to the cultural arts. This includes, but is not limited to, art galleries, museums, libraries, and cultural exchange centers.
   D.
   Dwelling, Attached Single-Family. Separate ground-level two-unit dwellings which share a common wall or roof but have separate and distinct entrances.
   Dwelling, Detached Single-Family. A single dwelling unit located on an individual lot which is not attached to any other dwelling unit by any means and contains at least one bathroom and one kitchen.
   Dwelling, Halfway House. A residential facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment or supportive services for individuals on supervised release and who have been assigned by a court to a residential home in lieu of placement in correctional institution or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
   Dwelling, Multi-Family Building. A structure on a single lot containing two-to-eight apartment units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
   Dwelling, Multi-Family Building Complex. A structure on a single lot containing greater than eight apartment units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
   Dwelling, Upper Floor Residential. One or more rooms with provision for living, cooking, sanitary and sleeping facilities arranged for the use of one family or household, which shall not be located on the ground floor of any building.
   Dwelling, Zero Lot Line. A dwelling located on the lot in such a way that one or more of the dwelling’s sides rests directly on a lot line.
   E.
   Educational Institution. A public or parochial pre-primary, primary, grade, high or preparatory school or academy, junior college or university, if public or founded or conducted by or under the sponsorship of a religious or charitable organization.
   Emergency Shelter. A facility providing temporary emergency housing for one or more individuals who are otherwise homeless due to an urgent event such as a fire, natural disaster, incident of domestic violence or eviction, for a period not to exceed 14 days.
   Enterprise, Indoor. A public, private, or non-profit establishment for the provision of entertainment or games of skill to the general public for a fee and that is wholly enclosed in a building including, but not limited to, a bowling alley, arena, arcade or billiard parlor.
   Enterprise, Outdoor. A public, private or non-profit property for the provision of entertainment or games of skill to the general public for a fee and may contain incidental concession stands that serve prepared or packaged foods. Typical uses include, but not limited to, miniature golf, amphitheater, go karts, disc golf, sports arenas, motor vehicle or animal racing facilities, and amusement parks.
   Equipment Repair, Heavy. An establishment that repairs commercial or personal automotive vehicles, equipment, or recreational vehicles and may have associated vehicle storage behind the front facade of building for no longer than 60 days on a paved surface.
   Equipment Repair, Light. An establishment primarily engaged in the provision of repair services to individuals and households rather than businesses, but excluding automotive and equipment repair use types, and typically including repair facilities for appliances, electronics, computers, or bicycles/ scooters.
   Essential Services. The erection, construction, alteration or maintenance by public utilities, municipal departments, commissions or common carriers of underground, surface or overhead gas, oil, electrical, steam or water transmission, distribution, collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, emergency telephones, traffic signals, hydrants, towers and other similar equipment and accessories in connection therewith necessary for the furnishing of adequate service by such public utilities, municipal departments, commissions or common carriers for the public health, safety and general welfare, but does not include buildings or outdoor storage yards.
   Event Center, Small. A facility that accommodates small-scale events, conferences, or weddings and has a capacity of less than 500 people.
   Event Center, Large. A facility designed to accommodate 500 or more persons and used for conventions, conferences, seminars, product displays, recreation activities, and entertainment functions, along with accessory functions including temporary outdoor displays, and food and beverage preparation and service for on-premise consumption.
   F.
   Farm Equipment Sales and Services. An establishment primarily engaged in the sale or rental of farm tools and implements, feed, grain, tack, animal care products, and farm supplies, including the sale of large implements, such as tractors and combines, and farm machinery repair services, but excluding the sale or distribution of agricultural chemicals such as fertilizer.
   Financial Services and Banking. Any building, property or activity of which the principal use or primary purpose is the provision of financial services, including, but not limited to, banks, facilities for automated teller machines (ATM’s), credit unions, savings and loan institutions and mortgage companies.
   Farmer’s Market. An occasional or periodic market held in an open area or in a structure where more than one individual sells with transient business licenses issued by the State of Ohio and carrying liability insurance offer for sale to the public such items as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages dispensed from booths located on-site. All necessary and applicable permits shall be obtained prior to operation within City boundaries.
   Finishing, Custom. Furniture and fixtures, painting, staining, sealing, or upholstering of furniture or fixtures normally found in or on a building, but does not include such activities for machinery, equipment, motor vehicles, or other such industrial processes.
   Food Sales, Large Grocery. A retail establishment which primarily sells food, but also may sell other convenience and household goods, and which occupies at least 10,000 square feet. A section for fresh fruits and vegetables no less than 40 square feet must be visible within the retail area of the establishment, and which may have a retail sale liquor license issued by the State of Ohio.
   Food Sales, Small Grocery. A retail establishment of less than 10,000 square feet engaged in selling food stuffs containing only the incidental sale of retail home goods. A section for fresh fruits and vegetables no less than 20 square feet must be visible with the retail area of the establishment, and which may have a retail sale liquor license issued by the State of Ohio.
   Food Service, Commissary/Bakery. An establishment primarily engaged in the retail sale of baked products for consumption off site that may be prepared either on or off site and may include incidental food service and shall not have a liquor license issued by the State of Ohio.
   Food Service, Deli. An establishment where food is sold for consumption off-premises and no counters or tables for on-premises consumption of food are provided but excludes groceries and supermarkets and shall not have a liquor license issued by the State of Ohio.
   Food Service, Fast Casual Restaurant. A self-service food service establishment whereby meals are served at a faster rate than a full-service restaurant and food offerings are more extensive in variety than a fast food restaurant, which may have a liquor license issued by the State of Ohio.
   Food Service, Full-Service Restaurant. A food service establishment with incidental alcohol consumption whereby servers bring food and beverages that are prepared in a kitchen or at a bar on-site, which may have a liquor license issued by the State of Ohio.
   Food Service, Mobile. A person or business licensed by the State of Ohio to provide food, prepared on-site, not within a permanent structure, including, but not limited to, a vehicle, trailer, tent or canopy. All necessary and applicable permits shall be obtained prior to operation within City boundaries.
   Food Service, Processing. An establishment for the processing of produce or meat for consumption off-site or for sale to consumers or other commercial producers. It may not produce odors, fumes or noise that is discernable from the exterior of the structure.
   Food Service, Production. An establishment for the small-scale production of a finished food product for consumption off-site through retail or wholesale sales that shall not produce odors, fumes or noise that is discernable from the exterior of the structure and without outdoor storage.
   Food Service, Quick Service/Fast Food. A food service establishment devoted to the preparation and offering of food and beverage for sale to the public for consumption via a counter or drive-through on or off the premises generally in disposable containers, and which offers standardized menus, ingredients, food preparation, décor, uniforms, architecture, or similar standardized features.
   Funeral Homes. A facility for (a) embalming and the performance of other services used in the preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; (d) the storage of funeral vehicles; and (e) facilities for cremation, which may include a funeral chapel, gathering and/or event spaces.
   G.
   Gallery, Art. An establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art to the public, and not including libraries, museums, or non-commercial art galleries.
   Garden Center, Indoor. An establishment where retail and wholesale products and produce are sold directly to the consumer, and which may include a nursery and/or greenhouse, and which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils, but not including outdoor storage and sales.
   Garden Center, Outdoor. An establishment where retail and wholesale products and produce are sold directly to the consumer, and which may include a nursery and/or greenhouse, and which may include plants, nursery products and stock, potting soil, hardware, power equipment and machinery, hoes, rakes, shovels, and other garden and farm variety tools and utensils, and where outdoor storage is incidental to the sale of goods.
   Golf Course. A tract of land for public, private or nonprofit use laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards, which may include a clubhouse, driving range, and shelters as accessory uses.
   Greenhouse, Commercial. A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants either for wholesale or retail purposes.
   Greenhouse, Residential. A building or structure constructed chiefly of glass, glasslike or translucent material, cloth, or lath, which is devoted to the protection or cultivation of flowers or other tender plants for personal purposes only and not for wholesale or retail purposes.
   Group Home. A residential facility that provides on-site supervision and support-based services for individuals convalescing, undergoing rehabilitation or counseling, or cannot otherwise care for themselves, where all medical and health-related services are provided off-site.
   H.
   Health and Wellness, Clinic. An outpatient facility where patients are admitted for examination and treatment by a group of licensed physicians practicing medicine together.
   Health and Wellness, Fitness Facility/Gym. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, organized fitness class or other customary and usual recreational activities operated for profit or not-for-profit.
   Health and Wellness, Massage. An establishment that provides therapeutic or medical massage of a nonsexual nature provided by a licensed practitioner.
   Health and Wellness, Physical Therapy. An outpatient office establishment that provides physical rehabilitation or occupational therapy for individuals with an injury or disability provided by a licensed practitioner.
   Heliport. Any landing area used for the landing and taking off of helicopters, including all necessary passenger and cargo facilities, fueling, and emergency service facilities.
   Historic Structure. Any structure that is:
      (1)   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
      (2)   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;
      (3)   Individually listed on the State of Ohio’s inventory of historic places maintained by the Ohio Historic Preservation Office; or
      (4)   Individually listed on the inventory of historic places maintained by the City of Sidney whose historic preservation program which program is certified by the Ohio Historic Preservation Office.
   Hobby Farms. A small-scale farm that is for pleasure instead of a business venture or profit comprised of at least five acres or more on a single parcel.
   Home Office.
      (1)   An accessory use of a dwelling unit or private garage for gainful employment of an immediate family member occupying such property, that does not involve the manufacture or sale of goods on the premises.
      (2)   Permitted activity is exclusive to performing services, which when completed, are delivered to the customer off the premises.
      (3)   Such use is characterized by the use of fixtures and equipment reasonably found in a residential dwelling, and where such use does not generate additional traffic and does not interfere with or change the character of the residential use or neighboring uses.
      (4)   Examples of permitted home office uses include, but are not limited to, accounting, telemarketing, computer programming, data processing, graphic design and electronic assembly.
   Hospital. An institution licensed by the State Department of Health and providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities, such as laboratories, out-patient departments, training facilities, central service facilities and staff offices, which are an integral part of the facility, provided such institution is operated by or treatment is given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals, such as cardiac, contagious disease, maternity, orthopedic, cancer and similar health care institutions.
   I.
   Indoor Commercial Recreation Facility. An enterprise conducted within a building which receives a fee in return for the provision of some recreational activity or facility. Such activities and facilities include racquetball, tennis courts, gymnasiums, swimming pools, skating rinks, dance studios, climbing facilities, indoor driving ranges, batting cages, basketball courts, soccer fields, and similar activities and facilities. Such facilities may provide ancillary accessory uses, such as pro shops or snack bars.
   J.
   Junk Yard. Any place at which personal property is or may be salvaged for reuse, resale or reduction or similar disposition and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick and similar property, except animal matter, and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom.
   K.
   Kennel. Any lot or premises on which four or more dogs, at least four months of age, are kept.
   L.
   Landfill. A facility primarily for the disposal by abandonment, dumping, burial, burning, or other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or nontoxic waste material of any kind.
   Landscaping Service and Retail Business. The sale, placement and maintenance of plant materials, fences, walls, lighting, and other similar items, including outdoor storage of materials and equipment.
   Library. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
   Live Theater. A public, private, or non-profit indoor or outdoor theater or stage used for theatrical, musical, or artistic live productions attended by an audience.
   M.
   Manufacturing, Artisan. The on-site production of goods by hand manufacturing conducted wholly within an enclosed building of less than 5,000 square feet of gross floor area which involve the use of hand tools and small-scale equipment.
   Manufacturing, Heavy. The treatment, processing, rebuilding, repairing, or bulk storage of material, products, or items, and where the finished product is not acquired by the ultimate user on the premises and produces any externally perceptible noise, fumes, odors, vibrations, or outdoor storage behind the front facade and screened.
   Manufacturing, Light. The manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building, which may include research and development facilities, and may include the temporary outdoor storage of finished or semi-finished products.
   Medical, Emergency Services. An establishment for the provision of emergency medical care, which includes emergency ambulance services, and the subsequent inpatient medical care or outpatient services provided by an adjoining health care facility and provided by a licensed practitioner.
   Medical, Full-Service Hospital. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including but not limited to a general hospital, emergency room, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory, or central services facility serving one or more such institutions provided by a licensed practitioner.
   Medical Marijuana Cultivation. A use consisting of an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under R.C. Chapter 3796. Within this term, two types (each with a required license) exist: "Level I cultivator" means a cultivator that is permitted to operate up to 25,000 square feet of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the Director of the Ohio Department of Commerce under Rule 3796:2-1-09 of the Ohio Administrative Code; and "Level II cultivator" means a cultivator that is permitted to operate up to 3,000 square feet of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the Director of the Ohio Department of Commerce under Rule 3796:2-1-09 of the Ohio Administrative Code.
   Medical Marijuana Dispensary. A use consisting of an entity licensed pursuant to R.C. §§ 3796.04 and 3796.10 and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers. This business is subjugated to specific guidelines on size, location, and various other compliance.
   Medical Marijuana Processing. A use that consists of an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products. Within this term, three types of processing facilities exist: a standalone facility, a vertically integrated facility, and a plant-only processor. A "plant-only processor" means a medical marijuana cultivator that has received a license from the Ohio Department of Commerce for the limited purposes of packaging, selling, and delivering finished plant material directly to a licensed dispensary for sale to a patient or caregiver.
   Medical Marijuana Testing. A use consisting of an independent testing laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analysis.
   Medical, Nursing. A facility licensed by the State of Ohio for the aged or chronically or incurably ill persons in which five or more such persons not of the immediate family are provided with food and shelter or care for compensation, but not including hospitals, clinics, or similar institutions devoted primarily to the diagnosis and treatment of the sick or injured.
   Medical, Office. A building used exclusively by physicians, dentists, and similar personnel for the treatment and examination of patients provided by a licensed practitioner solely on an outpatient basis, provided that no overnight patients shall be kept on the premises.
   Medical, Outpatient and Urgent Care. An establishment for outpatient-only medical services that apply to medical issues whereby a patient requires more immediate attention or care than can be provided by an appointment with a family doctor or general licensed practitioner, but not including emergency ambulance services.
   Medical, Psychiatric/Therapy. An establishment where human patients receive treatment by a group of professionals licensed by the State of Ohio to treat mental health issues or addiction, which may include in-patient or outpatient treatment.
   Mineral Extraction/Processing. A facility for the exploration for or extraction of surface or subterranean compounds and materials; this includes oil and gas exploration and production, and the mining of metallic and nonmetallic minerals, sand, gravel, and rock.
   Mobile Vendor. A person or business licensed and permitted to provide goods and services, who offers such goods or services, not including food, for sale to the public not within a structure but out of a mobile vehicle/trailer, tent or canopy.
   Movie Theater. A public, private, or non-profit enclosed structure specialized theater for showing movies or motion pictures attended by an audience.
   N.
   None.
   O.
   Office, Corporate. An establishment primarily engaged in providing internal office administration services as opposed to customer service; for example, the headquarters, regional offices or the administrative offices for a corporation; which may include a facility containing equipment for telecommunications or data processing/storage including switches, routers, operation centers, and other infrastructure critical for telecommunication companies, internet servers, data firms, fiber-optic cable, and other technology providers, or a facility cont. Generally, the majority of the traffic generated from corporate offices comes from employees and not the general public.
   Office, Professional Services. A building containing the office or offices of a business or businesses engaged in providing professional services, including, but not limited to, the following: accounting; auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home, but not including medical offices or offices that are incidental and accessory to another business or retail sales activity in the building.
   Outdoor Display. A commercial use of open land, in which retail goods, wares and merchandise permitted for sale on the premises are kept.
   Outdoor Processing, Agriculture. An establishment for activities involving a variety of operations on crops or livestock which may generate dust, noise, odors, pollutants, or visual impacts that could adversely affect adjacent properties, including, but not limited to, slaughterhouses, mills, canneries, silos, and milk processing plants.
   Outdoor Processing, Composting. An establishment for the processing of organic waste in a controlled environment to produce a stable fertilizing product by microbiologically degrading organic matter under aerobic conditions.
   Outdoor Processing, Concrete and Asphalt. A facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but not including the retail sale of finished asphalt or concrete products.
   Outdoor Sales, Primary Use. The placement of goods, equipment, or materials for sale, rental, or lease in a location not enclosed by a structure consisting of walls and a roof, but not including yard sales.
   Outdoor Storage. The storage of any material for a period greater than 24 hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building.
   Overnight Lodging, Bed and Breakfast. A detached residential dwelling where lodging and breakfast only are provided to transient guests for compensation in accordance with specific development standards and where the owner-operator permanently resides on the property.
   Overnight Lodging, Boutique Hotel. A small-scale hotel in a historic structure, or a structure with a facade made of a high-quality material such as wood, brick, masonry, tile, stone, granite, limestone, or another natural material, that has fewer than 30 rooms accessed from an interior hallway.
   Overnight Lodging, Hotel. Any structure consisting of one or more buildings containing any combination of more than five guestrooms that meet the requirements for transient sleeping rooms or extended stay temporary residence dwelling units where all rooms/units are access from an interior hallway, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of overnight lodging, bed and breakfast, and does not include agricultural labor camps, apartment houses, apartments or other similar places of permanent personal residence, lodging houses, rooming houses, or hospital or college dormitories.
   Overnight Lodging, Motel. Any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed and originally constructed primarily as overnight sleeping quarters for tourists or transients, with parking space conveniently located to each unit, including auto courts, motor lodges, and tourist courts.
   Overnight Lodging, Resort. A group or groups of buildings containing more than five dwelling units and/or guest rooms and providing indoor or outdoor recreational activities, which may furnish services customarily furnished by a hotel, including a restaurant, cocktail lounge, and convention facilities and where all rooms must be accessed from an interior hallway.
   P.
   Parking Facility, Commercial. An open or enclosed facility for temporary off-street parking of five or more motor vehicles, for profit, located on publicly or privately owned property. This use includes conditionally permitted parking lots in the CC Zone and those in the CS District. This use excludes private garages and private parking areas accessory to a principally permitted residential use.
   Pawn Shop. An establishment primarily engaged in the loaning of money on the security of property pledged in the keeping of the pawnbroker, and the sale of such property.
   Personal Care and Beauty Services. An establishment which accommodate two or more clients at one time providing nonmedically related services, including, but not limited to, beauty salons, barber shops and tanning salons by licensed professionals, which may also include accessory retail sales of products related to the services provided.
   Planned Business Center. A development of land with business uses that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages.
   Planned Industrial Center. A development of land with industrial uses that is under unified control and is planned and developed as a whole in a single development operation or programmed series of development stages.
   Portable Storage Unit. Any enclosed unit of whatever type construction or material, designed for permanent or temporary storage, which can be transported by a vehicle and left on-site.
   Power Generation Facility. A facility that converts one or more energy sources, including but not limited to water power, fossil fuels, nuclear power, or solar power, into electrical energy or steam, which may also perform either or both of the following functions: (a) operation of a transmission system that conveys the energy or steam from the generation facility to a power distribution system; (b) operation of a distribution system that conveys energy or steam from the generation facility or the transmission system to final consumers.
   Power Substation Facility. An assemblage of equipment for purposes other than generation or utilization, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public, provided that in residence districts an electric substation shall not include rotating equipment, storage of materials, trucks or repair facilities, housing of repair crews, or office or place of business.
   Private Banquet/Reception Facility. A building owned and operated by an individual for social or recreational events such as weddings, receptions or banquets, and where the owner and/or operator also maintains an on-site residence.
   Private Noncommercial Recreation Facility or Development. A facility or development that is not owned or operated by a governmental entity but is owned or operated by a noncommercial interest. This use includes, but is not limited to, facilities and developments such as the YMCA, YWCA, Salvation Army, Boy Scouts, Girl Scouts and Boys Club.
   Private Club. A public, commercial, or non-profit establishment that provides membership for the participation in, or use of, shared space, programming, or social activities, and may not include any form of adult entertainment business or retail sales.
   Q.
   None.
   R.
   Radio/Television Broadcast Studios. Any building or space within a building used for the production and transmission of radio or television signals intended to be received by the public through radio, television or similar means as licensed by the State of Ohio.
   Recycling Center. A center for the collection and/or processing of recyclable materials, but not including storage containers located on a residentially, commercially or industrially designated site used solely for the recycling of material generated on the site.
   Religious Assembly. A use located in a permanent building and providing regular organized religious worship and related incidental activities, except child day care center, primary, secondary, college/university, vocational schools, community facility, active and outdoor recreation, and enterprise, indoor and outdoor.
   Research Facility/Laboratory. A building or group of buildings for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.
   Residential Care and Congregate Residential. An establishment operated for the purpose of providing special care or rehabilitation to the occupants, as defined in R.C. §§ 5119.341 and 5123.19, including the following: Assisted living; developmental disability dwelling; elderly care; life care or continuing care services; mental health or substance abuse; and nursing care.
   Restaurant, Drive-In. An eating establishment where motor vehicles are parked and food that is ordered is delivered to the parked vehicle, either separately or in conjunction with an indoor sit-down dining area. Eating establishments that have drive-up, pick-up or carry-out windows shall not be considered as drive-in restaurants.
   Retail, Gasoline and Convenience. A facility associated with the sale of gasoline products that also offers for sale prepackaged food items and tangible consumer goods, primarily for self-service by the consumer, which may include the sale of hot beverages, fountain-type beverages, beer, and pastries, and shall not have a retail liquor license other than for the sale of beer.
   Retail, Convenience. A small retail establishment usually located within or associated with another use, that offers for sale convenience goods, such as prepackaged food items, tobacco, periodicals, and other household goods, and which shall not have a retail liquor license.
   Retail, Large. A retail establishment containing consumer goods that exceeds 20,000 square feet.
   Retail, Medium. A retail establishment containing consumer goods that is between 5,000 and 20,000 square feet.
   Retail, Pharmacy. An establishment substantially devoted to the sale of pharmaceutical items, supplies, and equipment such as prescription drugs.
   Retail, Enclosed Shopping Center. A group of primarily commercial establishments planned, constructed, and managed as a single entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, and protection from the elements.
   Retail, Outdoor Shopping Center. A group of commercial establishments planned, constructed, and managed as a single entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations, whereby access to individual shops requires outdoor access from a shared sidewalk or road.
   Retail, Small. A retail establishment containing consumer goods that is less than 5,000 square feet.
   S.
   School, College/University. A post-secondary institution, licensed by the State of Ohio, for higher learning that grants associate or bachelor’s degrees and may also have research facilities and/or professional schools that grant master and doctoral degrees, which may also include community colleges that grant associate or bachelor’s degrees or certificates of completion in business or technical fields.
   School, Primary. A public, private, or parochial school, licensed by the State of Ohio, offering instruction at the elementary school level in the branches of learning and study required to be taught in schools within the state.
   School, Secondary. A public, private, or parochial school, licensed by the State of Ohio, offering instruction at the junior, and/or senior high school levels in the branches of learning and study required to be taught in the public schools within the state.
   School, Vocational. A school, licensed by the State of Ohio, established to provide for the teaching of industrial, clerical, managerial, or artistic skills, and which may be owned and operated privately for profit.
   Shooting Range, Indoor. An establishment for public, private or non-profit use where the shooting of firearms is permitted completely within a building for the practice of marksmanship.
   Shooting Range, Outdoor. An establishment for public, private or non-profit use where shooting of firearms is permitted completely outdoors for practice of marksmanship.
   Storage, Commercial Gases. Any establishment whereby the primary activity is, or necessitates, the storage of compressed gasses.
   Storage, Contractor. An unenclosed portion of the lot or parcel upon which a construction contractor maintains its principal office or a permanent business office and where it stores and maintains construction equipment and other materials customarily used in the trade carried on by the contractor.
   Storage, Self-Store. A personal storage building that is subdivided by permanent partitions into individual spaces, and each space has an independent entrance within an enclosed building under the exclusive control of the tenant, with one or more exterior entrances to the building, and which is used for storage of personal belongings and not for any commercial or industrial purpose, and that may include outdoor storage of recreational vehicles.
   Storage, Vehicular and Boat. An enclosed or outdoor facility used solely for the storage of land, air, or water-based vehicles and trailers, but not semi-trailers.
   Storage Unit, Portable. See Portable Storage Unit.
   Studio, Art. Workspace for one or more artists or artisans, including the accessory private sale of art produced on the premises, and shall not be open to the public.
   Studio, Gymnastics/Martial Arts/Dance. A gymnasium in which physical exercise, indoor sports, or physical arts programs or activities are offered, which may include gymnastics, martial arts, dance, or similar disciplines.
   T.
   Trucking or Motor Freight Terminal. A building or area in which freight brought by motor trucks or rail is assembled and/or stored for routing in intrastate or interstate shipment by motor truck or rail.
   U.
   None.
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   V.
   Vehicular Care Services, Major. General repair, rebuilding, or reconditioning of engines, motor vehicles, or trailers, including body work, framework, welding, and major painting service.
   Vehicular Care Services, Minor. The replacement of any part or repair of any part that does not require removal of the engine head or pan, engine transmission or differential, incidental body and fender work, minor painting and upholstering service to automobiles and trucks not in excess of 7,000 pounds gross weight.
   Vehicle Care Services, Washes. An establishment for the washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment where overnight outdoor storage is prohibited.
   Vehicular Sales, Automobiles. An establishment for the storage and displays for sale of more than two passenger vehicles and where repair or body work is incidental to the operation of the new or used vehicle sales, which include motor vehicle retail or wholesale sales.
   Vehicular Sales, Motorcycles. An enclosed establishment for the retail sale and displays of motorcycles, parts, and associated retail merchandise, which does not include outdoor sales.
   Vehicular Sales, Recreational Vehicles. An establishment for the sale and displays for sale of more than two recreational vehicles including boats, camping vehicles and trailers which shall not be connected to water and/or sewer systems.
   Veterinary. An establishment for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those in need of medical or surgical attention and may include overnight accommodations on the premises for treatment, observation and recuperation provided by a licensed practitioner.
   Visual Arts Center. A non-profit, public, or commercial facility for preserving and exhibiting artistic, historical, scientific, natural, or man-made objects of interest, which may include the sale of the objects collected and memorabilia, the sale of crafts work and artwork, boutiques, and the holding of public and private meetings and social events.
   W.
   Warehouse, Large. An enclosed storage facility which is used to store goods or parts, or for any part of the shipping process, that is greater than 50,000 square feet and includes cross-dock facilities.
   Warehouse, Small. An enclosed storage facility which is used to store goods or parts, or for any part of the shipping process, that is under 50,000 square feet and does not include cross-dock facilities.
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   Waste Facility. Any land used for the disposal or storage of solid waste material, including garbage, sewage, trash, rubble, construction debris, and all other kinds of organic or inorganic refuse by abandonment, discarding, dumping, reduction, burial, incineration, or any other similar means.
   Wedding Barn. A former agricultural building, such as a barn or shed, that is rented by individuals or groups to accommodate private functions including, but not limited to, banquets, weddings, anniversaries and other similar celebrations, which may include the following: kitchen facilities for the preparation or catering of food; the sale of alcoholic beverages for on-premise consumption, only during scheduled events and not open to the general public; and/or outdoor gardens or reception.
   Wireless Service Facility. A public, commercial and private electromagnetic and photoelectric transmission, broadcast, repeater and receiving stations for radio, television, telegraph, telephone, data network, and wireless telecommunications, including commercial earth stations for satellite-based communications, which may include antennas, commercial satellite dish antennas, and equipment buildings, but do not include telephone, telegraph and cable television transmission facilities utilizing hardwired or direct cable connections.
   X.
   None.
   Y.
   None.
   Z.
   None.
(Ord. A-3075. Passed 1-24-22.)