1117.02 NON-USE TERMS.

   A.

   Access. The physical access of property to a publicly dedicated street not including lot frontages which abut a highway but have no driveway affording physical access to such highway.

   Access Drive. A privately owned, constructed and maintained surface providing vehicular access to and between parking areas for two or more parking spaces within a land development or any drive servicing one or more units of occupancy on a single lot.

   Accessory Building. A building on the same lot with, and of a nature customarily incident and subordinate to, that of the principal building.

   Accessory Use. A use of property on the same lot with, and of a nature customarily incidental and subordinate to, in terms of size, intent, and/or purpose, the principal use of the property, and does not alter or change the character of the property.

   Adequate Capacity. Capacity is considered to be "adequate" if the grade of service (GOS) is p.05 or better for median traffic levels offered during the typical busy hour, as assessed by direct measurement of the personal wireless service facility in question. The GOS shall be determined by the use of standard Erlang B calculations. As call blocking may occur in either the land line or radio portions of a wireless network, adequate capacity for this Zoning Code shall apply only to the capacity of the radio components.

   Adequate Coverage. Coverage is considered to be "adequate" within that area surrounding a wireless telecommunication facility where the predicted or measured median field strength of transmittal signal is greater than or equal to -95dbm for at least 75% of the intended coverage area. It is acceptable for there to be holes within the area of adequate coverage where the signal is less than -95dbm, as long as the signal regains its strength to greater than or equal to -95dbm further away from the wireless telecommunication facility. For the limited purpose of determining whether the use of a repeater is necessary or desirable, there shall be deemed not to be adequate coverage within said holes. The outer boundary of the area of adequate coverage, however, is that location past which the signal does not regain strength of greater than or equal to -95dbm.

   Adjacent. Touching or so close that it functions as attached.

   Agricultural Soils, Prime. Land that has the best combination of physical and chemical characteristics for producing food, feed, forage, fiber, and oilseed crops and that is available for these uses, containing the combination of soil properties, growing season, and moisture supply needed to produce sustained high yields of crops in an economic manner if it is treated and managed according to acceptable farming methods. In general, prime farmland has an adequate and dependable water supply from precipitation or irrigation, a favorable temperature and growing season, an acceptable level of acidity or alkalinity, an acceptable content of salt or sodium, and few or no rocks. Its soils are permeable to water and air. Prime farmland is not excessively eroded or saturated with water for long periods of time, and it either does not flood frequently during the growing season or is protected from flooding.

   Aisle. That portion of the off-street parking and loading area that provides access to parking, cueing or loading spaces, exclusive of driveways and parking and loading spaces.

   Alley. A public right-of-way less than 21 feet in width between property lines, which provides only secondary means of vehicular access to abutting property.

   Ancillary Structures. Structures, buildings, shelters and equipment enclosures, together with supporting development including, but not limited to, fence enclosures, driveways, gates and miscellaneous pavement serving and supporting the operation of a personal wireless service facility.

   Animal, Dangerous.

      (1)   Any mammal, amphibian, fish, reptile, or fowl of a species, insect or arachnid, which due to size, vicious nature, or other characteristics would constitute a danger to the physical well-being of human life or animals.

      (2)   Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of an Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.

      (3)   Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.

      (4)   Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.

   Animal, Household Pet. Animals that are customarily kept for the personal use or enjoyment within the home. "Household pets" includes but shall not be limited to domestic dogs, domestic cats, domestic birds, fish and rodents. "Household pets" does not include livestock or farm animals.

   Animals, Large. Livestock and farm animals, with the exception of poultry, primarily including cattle, sheep, pigs, goats, horses, donkeys, mules, and other animals, such as buffalo, oxen, llamas, or camels.

   Animals, Small. Livestock and farm animals, including poultry and fowl, rabbits, chinchillas.

   Antenna. Any exterior apparatus (including an antenna dish) used for transmitting and receiving, mounted on a tower, antenna tower, antenna tower alternative structure, building or structure and used in personal wireless services.

   Antenna Support Structure. Any building or other structure other than a tower utilized as a location for personal wireless service facility.

   Antenna Tower. Any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for personal wireless services. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, antenna tower alternative structures, and the like. The term also includes the structure and any support thereto.

   Antenna Tower Alternative Structure. Man-made trees, clock towers, bell steeples, and similar alternative design mounting structures that substantially camouflage or conceal the presence of antennas or towers such that one would not identify the structure as an antenna tower.

   Antenna Tower Height. When referring to a tower or other structure within the provisions of this chapter, the distance measured from the average grade plane of the antenna tower base to the highest point on the tower or other structure, including any antenna and additional height required for co-location. Lightning rods up to six feet in length and 1.25 inches in diameter may extend above the maximum height measured. When roof-mounted, antenna tower height shall be measured from the average grade plane of the building to the highest point on the tower or other structure, including any antenna and additional height required for co-location.

   Approving Agency. The City Manager’s Office and City Council or its duly appointed representative.

   Approval Authority. An official, organization, or group designated to review and approve/disapprove Storm Water Pollution Prevention Plans.

   Arbor. A structure made of vines, branches, latticework or pre-manufacture material, typically covered with climbing shrubs or vines.

   Arterial Street. A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.

   As Built Survey. A drawing, which represents the true size and location of what is being measured or has already been, built in the field.

   Assurance of Completion. A contract secured by a performance bond or other guarantee or security satisfactory to the City and/or other public entity guaranteeing completion of the public improvements which are required by these regulations.

   Automobile Wrecking. The dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, non-operating or wrecked vehicles or their parts.

   Average Grade Plane. A reference plane representing the average of finished ground level adjoining the structure or building at all exterior surfaces.

   Awning. A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework.

   B.

   Backhaul Network. The lines and/or antenna that connect a licensee’s personal wireless service facilities to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network.

   Barbecue Equipment. A machine, structure or piece of equipment specifically designed and manufactured to cook food outside.

   Base Flood. The flood having a 1% chance of being equaled or exceeded in any given year, also known as the 100 Year Frequency Flood.

   Basement. A story the floor of which is more than 12 inches but not more than one-half its clear height below the average level of the adjoining ground. A basement, when used as a dwelling, shall be counted as a half-story for purposes of height measurement and for purposes of minimum side yard determination.

   Beginning of Construction. The utilization of labor, equipment and materials for the purpose of erecting or altering a structure.

   Best Management Practices (BMPs). Schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

   Bikeway or Bicycle Path. An area specifically for bicycling, which is physically separate from, motorized vehicular traffic by an open space or barrier and either within the highway right-of-way or within an independent right-of-way.

   Birdhouse. A box, typically made to resemble a house, provided for a bird to make its nest in.

   Block. The property abutting on one side of a street between two intersecting streets or a street and a railroad right-of-way or watercourse.

   Board. The Board of Appeals of the City of Sidney.

   Boat and Boat Trailer. Includes boats, jet skis, canoes, kayaks, catamarans, racing shells, floats, rafts, and similar motorized and non-motorized vessels and watercraft, plus the enclosed and unenclosed trailers used to transport or store the same and related parts, accessories and equipment.

   Bond. Any form of financial guaranty including a cash deposit, surety bond, collateral, property, or instrument of credit in an amount and form satisfactory to the City.

   Block. A parcel of land bounded on all sides by a street or streets, railways or water routes.

   Block Frontage. Property having frontage on one side of a street and lying between the two nearest intersecting, intercepting or intercepting extended streets, or nearest intersecting or intercepting street and railroad right-of-way, waterway or another barrier.

   Bridge. A structure, 20 feet or greater in length (span), built over a depression, drainage way.

   Buffer. A designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Construction activities in this area are restricted or prohibited.

   Buffer Yard. A unit of land, together with a specified type and amount of planting thereon, and any structures which may be required, intended to eliminate or minimize conflicts and provide screening within and between land uses.

   Buildable Lot Area. The portion of a lot remaining after required yards have been provided.

   Building. Any covered structure built for the support, shelter or enclosure of persons, animals, chattels or moveable property of any kind; and which is permanently affixed to the ground by means of a footer and foundation as defined in the State of Ohio Building Code.

   Building, Principal. A building in which is conducted the main or principal use of the lot on which such building is situated. Where a substantial part of the wall of an accessory building is a part of the wall of the principal building, or where an accessory building is attached to the main building in a substantial manner, as by a roof, such accessory building shall be counted as a part of the principal building.

   Building Elevation. The front, rear or side exterior surface of a building as viewed in a flat scale drawing.

   Building Frontage. The side or facade of a building closest to and most nearly parallel to an abutting street.

   Building Height. The mean vertical distance measured from the established grade in front of the lot, or from the average natural grade at the building line, if higher, to the highest point in the coping of flat roofs, or to the mid-height of a pitched or hipped roof.

   Building Limits. An area designated on the plat, which defines the limits within which a building may be placed.

   Building Line. A line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from said right-of-way.

   Building Permit. A building permit approved by the City Manager or his or her designee stating that a proposed improvement complies with the provisions of this Zoning Code.

   Building Setback Line. See Setback Line.

   Bulk. Bulk means the size of lots; the size and placement of buildings or structures, and the location of same with respect to one another, and includes the following:

      (1)   Size and height of buildings;

      (2)   Location of exterior walls at all levels in relation to lot lines, streets or to other buildings;

      (3)   Floor area ratio;

      (4)   All open spaces allocated to buildings; and,

      (5)   Amount of lot area and lot width provided per dwelling unit.

   Bumming Pad. A building site prepared by artificial means, including, but not limited to, grading, excavation, or filling, or any combination thereof.

   Business. Engaging in (1) the purchase, sale, barter or exchange of goods, wares, merchandise or services, (2) the maintenance or operation of offices, or (3) a recreational and amusement enterprise for profit. Also, Commercial.

   C.

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

   Camping and Recreational Equipment. For the purposes of this Code, camping and recreational equipment shall include the following:

      (1)   Boat and boat trailer;

      (2)   Folding tent trailer;

      (3)   Motorized home;

      (4)   Pickup camper;

      (5)   Travel trailer; and

      (6)   Utility trailer.

   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.).

   Carport. A shelter, constructed to be a permanent structure, for a car or other motor vehicle consisting of a roof supported on posts, built beside or behind a house.

   Certificate of Occupancy. A certificate approved by the City Manager stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Zoning Code.

   Channel. The segment of the radiation spectrum from an antenna which carries one signal. An antenna may radiate on many channels simultaneously.

   Child Care Licensee. The owner of a child day-care center, Type A family day-care home or Type B family day-care home, licensed pursuant to R.C. Chapter 5104 who is responsible for ensuring the center’s compliance with R.C. Chapter 5104 and rules adopted pursuant to that chapter.

   City. The City of Sidney, Ohio.

   City Council. The Council of the City of Sidney, Ohio. Also, Council.

   City Manager or his/her designee. The person designated to administer and enforce zoning regulations and related ordinances. Also, Administrator.

   Clean Water Act. The federal Water Pollution Control Act (33 U.S.C. § 1251 et seq.), and any subsequent amendments thereto.

   Collector Street. A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.

   Co-location. The use of personal wireless service facilities by more than one personal wireless service licensee.

   Commercial Message. 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.

   Commission. The City of Sidney Planning Commission.

   Common Area. Any land area, and associated facilities, within a planned unit development that is held in common ownership through a homeowners association, community association or other legal entity.

   Communication Transmission Structure. A tower, pole or other device, erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.

   Community Garden. A site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use/consumption, donation or off-site sale of items grown on the site.

   Comprehensive Plan. The 2018 Comprehensive Plan of the City of Sidney and any update or amendment thereto.

   Concealed Design. Any personal wireless service facility that is designed to blend into the surrounding environment. Examples of concealed facilities may include, but are not limited to, antenna tower alternative structures, architecturally screened roof-mounted antennas, building-mounted antennas painted to match the existing structure, antennas integrated into architectural elements, antennas and monopoles surrounded or obscured by existing and/or proposed trees and landscaping and antenna structures designed to look like light poles.

   Concealed Personal Wireless Service Facility. A facility which is either:

      (1)   Virtually invisible to the casual observer, such as an antenna behind louvers on a building, or inside a steeple or similar structure; or

      (2)   Camouflaged so as to blend in with its surroundings to such an extent that it is indistinguishable by the casual observer from the structure on which it is placed or the surroundings in which it is located, such as a flagpole serving as an antenna.

   Conditional Use. A use that is permitted, but only by application to the Board in each specific instance, and after determination by the Board that all regulations and standards of this Zoning Code applying to the specific use in the particular location will be met, along with such additional conditions or safeguards as the Board may prescribe in the specific case and circumstances, in order to prevent harm or injury to adjacent uses and the neighborhood, and/or in order to improve the public health, safety, morals, convenience, order, prosperity and general welfare.

   Construction Activity. Activities subject to NPDES Construction Permits. Currently these include construction projects resulting in land disturbance of five acres or more. Beginning in March 2003, NPDES Storm Water Phase II permits will be required for construction projects resulting in land disturbance of one acre or more. Such activities include but are not limited to clearing and grubbing, grading, excavating, and demolition.

   Contiguous. Next to, abutting, or touching and having a boundary, or portion thereof, that is coterminous.

   Convalescent, Nursing or Rest Home. Any building or group of buildings providing personal assistance or nursing care for the aged or infirmed, or any other person in need of continual care from medical practitioners and support staff. In addition to providing medical and monitoring services on a daily basis, such facilities may also provide other recreational, social, educational and cultural activities, transportation and financial services.

   Cornice. The uppermost section of moldings along the top of a wall or just below a roof.

   County. Shelby County, Ohio.

   Court. An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.

   Covenant. A written promise or pledge.

   Covering. Any clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomic area beneath it.

   Critical Storm. A storm which is calculated by means of the percentage increase in volume of runoff by a proposed earth disturbing activity or development area. The critical storm is used to calculate the maximum allowable storm water discharge rate from a site.

   Crosswalk. Any portion of roadway at an intersection or elsewhere, distinctly indicated for pedestrian crossing by lines or other markings on the surface.

   Cul-de-Sac. A local street with one end open to traffic and the other end terminating in a vehicular turnaround.

   Culvert. A closed conduit for the passage of surface drainage under a street, driveway, or other embankment.

   Cut. An excavation. The difference between a point on the original grade and a designated point of lower elevation on the final grade.

   Cut and Fill Slopes. A portion of land surface or area from which soil material is excavated and/or filled forming a slope or embankment.

   D.

   SDBM. Unit of measure of the power level of an electromagnetic signal expressed in decibels referenced to one milliwatt.

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

   Density. A unit of measurement, the number of dwelling units per acre of land, to be used in road design and not to be confused with sanitary sewer and water design density.

   Density, Gross. The number of dwelling units which are allowed on an area of land, usually an acre, which area of land shall be permitted to include dedicated streets contained within the development.

   Design Exception. An alternative to previously set design criteria, which provides a logical and cost-effective engineering approach in extreme or unusual situations.

   Detention/Retention. The term detention/retention basins refer to the use of a storm water storage facility, which will store storm water and release it at a given rate. The objective of a detention/retention facility is to regulate the rate of runoff and control the peak discharges to reduce the impact on the downstream drainage system. Type of storm water storage facilities:

      (1)   Detention Basin or Dry Basin. Dry basins are surface storage areas created by constructing a typical excavated or embankment basin. A detention basin may be designed for multi-uses such as parks or playgrounds.

      (2)   Detention Basins or Ponds. Retention basins are permanent ponds where additional storage capacity is provided above the normal water level.

      (3)   Parking Lot Storage. Parking lot storage is a surface storage facility where an inlet is undersized causing shallow ponding to occur in specific graded areas of the parking lot.

      (4)   Subsurface Storage. Subsurface storage is a structure constructed below grade for the specific purpose of detaining storm water runoff.

   Detention Facility. A detention basin or alternative structure designed to temporarily store stormwater runoff and gradually release the stored water at a controlled rate.

   Developer. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Code to affect the development of land.

   Development. The division of land; also, the construction of any new building or structure, or the making of any material change in the use or appearance of any existing building or structure above or below grade through activities of construction, erection or alteration.

   Development Area. Any contiguous (abutting) area owned by one person or operated as one development unit and used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes upon which earth-disturbing activities are planned or underway.

   Development Standards. The standards controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Development standards include regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage and maximum floor area ratio.

   Ditch. An excavation either dug or natural for the purpose of drainage or irrigation with intermittent flow.

   Dog, Pure Domestic. Any member of the canine genus - group of species Canis familiaris or Canis lupus familiaris of the family Canidae, or dog family, that has not been bred with any other group of species, species or animal.

   Dormer. A window which is set vertically on a sloping roof. The dormer has its own roof, which may be flat, arched, or pointed.

   Drainageway. An area of concentrated water flow other than a river, stream, ditch, or grassed waterway.

   Driveway. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure.

   Dumping. Grading, pushing, piling, throwing, unloading, or placing.

   Dwelling. Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.

   Dwelling Group. A group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

   Dwelling Unit. One room, or a suite of two or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes. A dwelling unit shall include the following components:

      (1)   A kitchen or kitchenette; and

      (2)   A bath/toilet facility.

   E.

   Earth-Disturbing Activity. Any grading, excavating, fitting or other alteration of the earth’s surface where natural or man-made ground cover is destroyed, and which may result in or contribute to erosion and sediment pollution.

   Earth Material. Soil, sediment, rock, sand, gravel, and organic material or residue associated with or attached to the soil.

   Easement. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his/her property.

   Eave or Eaves. Eave means the edge of a roof. Eaves usually project beyond the side of the building.

   Electromagnetically Able. The determination that the new signal from and to the proposed new antennas will not significantly interfere with the existing signals from and to other facilities located on the same tower or structure as determined by a qualified professional telecommunications engineer. The use of available technologies to alleviate such interferences shall be considered when making this determination.

   Electronic Message Center. A sign designed so that the characters, letter or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g. electronic or digital signs).

   Employee. A person who is employed to work for a wage or salary.

   Employee (Adult Entertainment Business). A person who works or performs in and/or for an adult entertainment business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

   Engineer. Any person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14.

   Equipment Shelter/Building/Box. The structure in which the electronic receiving and transmission equipment associated with a personal wireless service facility is housed.

   Erosion.

      (1)   The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep.

      (2)   Detachment and movement of soil or rock fragments by wind, water, ice, or gravity.

      (3)   Erosion includes:

         A.   Accelerated erosion. Erosion much more rapid than normal, natural or geologic erosion, primarily as a result of the influence of the activities of man.

         B.   Floodplain erosion. Abrading and wearing away of the nearly level land situated on either side of a channel due to overflow flooding.

         C.   Gully erosion. The erosion process whereby water accumulates in narrow channels during and immediately after rainfall or snow or ice melt and actively removes the soil from this narrow area to considerable depths such that the channel would not be obliterated by normal smoothing or tillage operations.

         D.   Natural erosion (geologic erosion). Wearing away of the earth’s surface by water, ice or other natural environmental conditions of climate, vegetation, etc., undisturbed by man.

         E.   Normal erosion. The gradual erosion of land used by man, which does not greatly exceed natural erosion.

         F.   Rill erosion. An erosion process in which numerous small channels only several inches deep are formed; occurs mainly on recently disturbed soils.

         G.   Sheet erosion. The removal of a fairly uniform layer of soil from the land surface by wind or runoff water.

   Erosion and Sediment Control. A system of structural and vegetative measures that minimize soil erosion and offsite sedimentation.

   Erosion and Sediment Control Plan. An erosion and sediment control strategy or plan, to minimize erosion and prevent off-site sedimentation by containing sediment on-site or bypassing sediment laden runoff through a sediment control measure, prepared and approved in accordance with the specific requirements of these regulations, and designed in accordance with the latest edition of the handbook "Rainwater and Land Development" as published by the Ohio Department of Natural Resources. The erosion and sediment control plan may be referred to as a sediment control plan.

   Escort. A person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

   Exotic Animals. Wild animals/reptiles not indigenous to Ohio, such as lions, tigers, elephants, alligators, crocodiles, etc., or recognized as a legitimate agricultural use.

   F.

   FAA. The Federal Aviation Administration and any legally appointed, designated or elected agent or successor.

   Facade. That portion of any exterior elevation of a building extending from the grade of the building to the top of the parapet wall or eaves, for the entire width of the building elevation.

   Farm Animals (Large). Any domestic species of cattle, sheep, swine, goats, llamas or horses, which are normally and have historically, been kept and raised on farms in the United States, and used or intended for use as food or fiber, for improving the quality of food or fiber, or for transportation.

   Farm Animals (Small). Any domestic species of poultry, fowl, rabbits, mink or chinchilla which are normally and have historically, been kept and raised on farms in the United States and used or intended for use as food or fiber, for improving the quality of food or fiber, or for transportation.

   Fascia. The exterior horizontal visible flat front trim board that caps exterior horizontal visible flat front trim board that caps the rafter tail ends.

   FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.

   Fence. Any structure erected in such a manner and positioned to permanently enclose, partially enclose, or create a barrier on any premises or part of any premises. Hedges, trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position to enclose any premises or part of premises shall be included within the definition of the word "fence."

   Fill. Any act by which earth, sand, gravel, rock or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the natural surface of the ground or on top of the stripped surface and shall include the resulting grade conditions. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade.

   Final Plan. A formal subdivision plan containing all necessary information including construction documents and specifications as required in Chapter 1109 of these regulations, approved by the appropriate authorities and utility owners.

   Final Plat. A plat of a subdivision containing all necessary information as required in Chapter 1109 of these regulations, signed by the appropriate authorities and recorded in the office of the County Recorder.

   Flag Pole. A pole used to fly a flag.

   Floor Area. The sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.

   Floor Area, Gross (GFA). The floor area within the inside perimeter of the exterior walls of the building under consideration, exclusive of vent shafts and courts, without deduction for corridors, stairways, closets, the thickness of interior walls, columns or other features. The floor area of a building, or portion thereof, not provided with surrounding exterior walls shall be the usable area under the horizontal projection of the roof or floor above. The gross floor area shall not include shafts with no openings or interior courts.

   Floor Area, Ground. The square foot area of a building or structure within its largest outside dimensions computed on a horizontal plane at the ground floor level exclusive of open porches, breezeways, terraces and garages.

   Folding Tent Trailer. A canvas folding structure, mounted on wheels and designed for travel and vacation uses.

   Force Majeure. A strike, acts of God, acts of public enemies; administrative, judicial or regulatory orders or regulations of any kind of the United States of America and/or the State of Ohio or any of their departments, agencies or political subdivisions; riots, epidemics, landslides, lightning, earthquakes, fires, tornadoes, storms, floods, civil disturbances, explosions, partial or entire failure of utilities or any other cause or event not reasonably within the control of the disabled party, but only to the extent that the disabled party notifies the other party as soon as practicable regarding such force majeure.

   G.

   Gable. The triangle formed by a sloping roof. A building may be front-gabled or side-gabled. Porches and dormers may also be gabled.

   Garage, Private. A detached accessory building or a portion of the principal building used for the storage of automobiles or trailers by only the family resident on the premises. A carport shall be construed to be a private garage.

   Garage Sales. The sale or offering for sale to the general public six or more items of personal property on any portion of a lot, either within or outside of a structure. Garage sales include patio, basement, yard, or block sales.

   GFA. See Floor Area, Gross.

   Grade. The average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

   Grade of Service. A measure of percentage of calls which are able to connect to the basic station, during the busiest hour of the day. Grade of service is expressed as a number, such as p.05- which means that 95% of callers will connect on their first try. A lower number (p.04) indicates a better grade of service.

   Grading. Earth-disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.

   Grassed Waterway. A broad or shallow natural course or constructed channel covered with erosion-resistant grasses or similar vegetative cover and used to conduct surface water.

   Greenbelt. A strip of land parallel to and extending inwardly from the lot lines or right-of-way lines.

   Gross Vehicle Weight. The weight of the vehicle plus its manufacturer’s rated load capacity. For example: One half-ton rating shall be 1,000 lbs. Three-quarter ton rating shall be 1,500 lbs. One ton rating shall be 2,000 lbs.

   H.

   Habitable Space. Areas within a dwelling unit that are used for living, sleeping, eating or cooking. Living or habitable space includes bathrooms, toilet compartments and other sanitary facilities and halls, but does not include closets, crawl spaces, garages and other storage and uninhabitable areas. Also referred to as livable space.

   Hazard. Any danger to public health, welfare or safety, including exposure to risk or damage to property or liability for personal injury; or risk of harm to land, air or water resulting in environmental degradation. Hazards can include, but are not limited to, flooding and ponding, compaction and settling, landslides, earthquakes, toxic chemicals, radiation, fire and disease.

   Hazardous Materials. Any material, including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

   Hedge. A row of bushes or small trees planted close together, especially when forming a barrier or boundary.

   Historical Significance. Any structure or area that provides evidence for a fact of history or the source of history.

   Home Occupation. Any occupation, business, profession, activity or use which is incidental to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood.

   Homeowner’s Association. A private organization established for the care and maintenance of storm water and detention facilities and other common areas.

   I.

   Illegal Discharge. Any direct or indirect non-storm water discharge to the storm drain system, except as exempted in this Code.

   Illicit Connections. An illicit connection is defined as either of the following:

      (1)   Any drain or conveyance, whether on the surface or subsurface, which allows an illegal discharge to enter the storm drain system including but not limited to any conveyances which allow any non-storm water discharge including sewage, process wastewater, and wash water to enter the storm drain system and any connections to the storm drain system from indoor drains and sinks, regardless of whether said drain or connection had been previously allowed, permitted or approved by an authorized enforcement agency; or

      (2)   Any drain or conveyance connected from a commercial or industrial land use to the storm drain system which has not been documented in plans, maps, or equivalent records and approved by an authorized enforcement agency.

   Impervious Surface. Any material that prevents the infiltration of storm water into the ground. The definition includes, but is not limited to, building and structural components such as roofs, roof overhangs, eaves, decks and patios. The definition also includes structural and non-structural surfaces, materials and minerals such as roads, parking lots, sidewalks, driveways, decorative pavers, concrete, cement, asphalt, brick, crushed rock and gravel. Impervious surface coverage is measured in square feet and as a percentage of lot area.

   Impervious Surface Ratio. A measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the area of the site or lot.

   Improved Surface. Concrete, asphalt, aggregate base, sub-base, asphalt concrete, brick or such other unenclosed surfaces as approved by the Chief Building Official and City Engineer.

   Improvement. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, streetlights, flood control and drainage facilities, utility lines, landscaping, and other related matters.

   Incidental. An object or use necessarily found in connection with the principal structure or use, but subordinate and secondary thereto.

   Industrial Activity. Activities subject to NPDES Industrial Permits as defined in 40 CFR, Section 122.26(b)(14).

   Industrialized Housing Units. A factory-fabricated, transportable building consisting of one or more units designed to be assembled into a permanent structure at a building site on a permanent foundation, used for residential, office, business or industrial purposes, and which meets the standards and specifications for industrial units of closed construction, as provided for by the Ohio Building Code, authorized by the Board of Building Standards, State of Ohio. "Manufactured Housing Unit" shall not be included in this definition.

   Institutional Property. Property owned or used by institutions such as churches, parks, libraries, municipal government, hospital and utilities.

   J.

   Junk. Old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled, or wrecked motor vehicles or parts thereof; iron, steel, and other old or scrap ferrous or nonferrous materials which are not held for sale or re-melting purposes by an establishment having facilities for processing such materials.

   K.

   None.

   L.

   Landscaped Area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.

   Landscaping. The improvement of open areas by the planting and maintenance of trees, bushes, flower gardens, grass, or other vegetation.

   Landslide. The rapid downward and outward movement of large rock material and/or soil mass under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.

   Lap Dance. Also known as a straddle dance, face dance, or flash dance. The use by an employee, whether clothed or partially or totally nude, of any part of his or her body to touch, massage, rub, stroke, caress, or fondle the genital or pubic area of a person while at the establishment, or the touching of the genital or pubic area of any employee by a person while at the establishment. It shall be a lap dance regardless of whether the touch or touching occurs while the employee is displaying or exposing any specified anatomical area. It shall also be a lap dance regardless of whether the touch or touching is direct or through a medium.

   Lattice. A framework consisting of an ornamental design made of strips of wood or metal.

   Livestock. Cattle, horses, mules, burros, sheep, swine, llamas and goats, regardless of use, and any animal, except dogs and cats, that are used for working purposes on a farm or ranch, and any animal which is historically and customarily raised for food or fiber production.

   Loading and Unloading Berth. The off-street area required for receiving or distributing materials or merchandise by vehicles. In this Zoning Code this area is a 12-foot by 45-foot loading span with a 14-foot height clearance. However, if more than one berth is provided, the minimum dimensions are ten feet by 45 feet with a 14-foot height clearance.

   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; and which abuts upon a street, alley or other appropriate means of access.

   Local Street. A street primarily for providing access to residential, commercial, or other abutting property.

   Location Map. See "Vicinity Map".

   Loop Street. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.

   Lot. A parcel, tract or area of land occupied or intended to be occupied by a principal or conditional use and uses accessory thereto together with such open spaces as required by this Zoning Code and accessible by means of a street or place. A lot may be a single parcel separately described in a deed or plat which is recorded in the office of the Recorder of Shelby County, or it may include parts of or a combination of such parcels when adjacent to one another and used as one. In determining lot area and boundary lines, no part thereof within the limits of a street or place shall be included.

   Lot, Corner. A lot abutting upon two or more streets at their intersection.

   Lot Coverage. The percentage of the lot area covered by buildings and structures as measured by the ground floor area.

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

   Lot, Ground Level. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street; for buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets; for buildings having no wall adjoining the street, the average level of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street is to be considered as adjoining the street.

   Lot, Interior. A lot other than a corner lot or through lot.

   Lot Line, Front. In the case of an interior lot, a line separating the lot from the street or place, and in the case of a corner lot, a line separating the narrowest street frontage of the lot from the street, except in cases where deed restrictions in effect specify another line as the front lot line.

   Lot Line, Rear. A lot line which is opposite and most distant from the front lot line and, in case of an irregular or triangular shaped lot, a line ten feet in length within the lot, parallel to and at the maximum distance from the front line.

   Lot Line, Side. Any lot boundary not a front lot line or a rear lot line.

   Lot Lines. The property lines bounding the lot.

   Lot, Reversed Interior. An interior lot, the front line of which is formed by a street, which street also forms the side lot line of an abutting corner lot. The corner lot is considered abutting even though separated from the interior lot line by an alley.

   Lot, Through. A lot having frontage on two streets at opposite ends of the lot and may also be known as a double frontage lot.

   Lot Width. The distance between the side lot lines at the required front yard depth measured at right angles to the depth of the lot.

   M.

   Manufactured Home. A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit, other than delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.

   Manufactured HUD Unit. A permanently sited, occupancy-ready manufactured residential housing unit as defined under 24 CFR 3280.2 of the Department of Housing and Urban Development regulations establishing manufactured home construction and safety standards.

   Marginal Access Street. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also, frontage street.

   Massage. A method of treating or stimulating the external parts of the human body by rubbing, stroking, kneading, tapping, touching or vibrating with the hand or any instruments for pay.

   Master Owner’s Association. An organization established for the care and maintenance of storm water and detention facilities and other common areas.

   Minor Subdivision. A division of a parcel of land that does not necessarily require a plat to be approved by a planning authority according to R.C. § 711.131 and this Code. Also known as a Lot Split.

   Mobile Home. A movable dwelling for occupancy on land made of one or more units, and having minimum width of ten feet, minimum area of 400 square feet, and year-round living facilities for one family, including permanent provision for cooking, eating, sleeping, and sanitation.

   Mobile Home Park. A lot which is used or offered as a location for two or more mobile homes, and within which a mobile home may be supported either by its wheels or by a foundation of any sort.

   Modular Housing. An assembly of materials or products comprising all or part of a total residential structure that, when constructed, is self-sufficient and contains plumbing, wiring and heating at the point of manufacture, and which, when installed, constitutes a dwelling unit, except for necessary on-site preparations for its placement.

   Monitoring Protocol. An approved testing protocol as defined in the most current FCC regulations.

   Monopole. A single pole with no above ground lateral support from secondary structural members in either tension or compression.

   Monument. A permanent concrete or iron marker used to establish definitely all lines of the plat of a subdivision, including all lot corners, and points of change in street alignment.

   Motorized Home. A portable dwelling designed and constructed as an integral part of a self-propelled vehicle. Also, Camper.

   Multi-Use Path or Trail. An area physically separated from motorized vehicle traffic by open space or a barrier and either within the highway right-of-way or within an independent right-of-way.

   Municipal or Governmental Building. A facility for administrative activity conducted by a governmental entity. Typical uses include city hall, social security office, or special district headquarters.

   N.

   National Pollutant Discharge Elimination System (NPDES) Storm Water Discharge Permit. A permit issued by EPA (or by a state under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area-wide basis.

   Non-Storm Water Discharge. Any discharge to the storm drain system that is not composed entirely of storm water.

   Nonconforming Use. A building or use of land legally existing at the time of the adoption of this Zoning Code or any amendment thereto, and which does not conform with all of the regulations of the district in which such building or use of land is located.

   Non-structural Controls. Stormwater runoff control and treatment techniques that use natural measures to control runoff and/or reduce pollution levels, and do not require extensive construction efforts and/or do promote runoff control and/or pollutant reduction by eliminating the runoff and/or pollutant source. Examples include minimizing impervious area, buffer strips along streams, and preserving natural vegetation.

   Nudity, State of Nudity, or Nude. Exposing to view the genitals, pubic area, vulva perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or stimulates any of these anatomical areas.

   Nursing Home. An institution, residence, or facility that provides, for a period of more than 24 hours, whether for a consideration or not, accommodations to three or more unrelated individuals who are dependent upon the services of others, including a nursing home, residential care facility, home for the aging, and a veterans’ home operated under R.C. Chapter 5907. Nursing homes also means both of the following:

      (1)   Any facility that a person, as defined in R.C. § 3702.51, proposes for certification as a skilled nursing facility or nursing facility under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, and for which a certificate of need, other than a certificate to recategorize hospital beds as described in R.C. § 3702.521 or division (R)(7)(d) of the version of R.C. § 3702.51 in effect immediately prior to April 20, 1995, has been granted to the person under R.C. §§ 3702.51 to 3702.62 after August 5, 1989;

      (2)   A county home or district home that is or has been licensed as a residential care facility.

   O.

   Official Thoroughfare Plan. The Official Thoroughfare Plan of the City, establishing the official right-of-way width of major streets, together with all amendments thereto subsequently adopted. Also, Thoroughfare Plan.

   Open Space. Land presently devoted to, or that is later designated as, conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a Zoning Map).

   Orientation. The direction a building face. Most buildings squarely face a street, with their principal facade and entrance in full view.

   Outfall. An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.

   Outlot. Property shown on a subdivision plat outside of the boundaries of the land, which is to be developed and which is to be excluded from the development of the subdivision.

   P.

   Pad. A building site or parking area improvement prepared by artificial means, including, but not limited to, grading, excavation or filling or any combination thereof.

   Parapet. A low wall projecting from the edge of a platform, terrace, or roof. Parapets may rise above the cornice of a building or form the upper portion of a defensive wall on a castle. In Mission style homes, rounded parapets are often used as decorative features.

   Parcel. Any legally described piece of land created by a partition, subdivision, deed or other instrument recorded with the appropriate entity or agency.

   Parking Lot. A parcel of land containing one or more unenclosed parking spaces whose use is principal to the lot as differentiated from an accessory use, as in a residential lot.

   Parking Space. A durable, solid surfaced area enclosed or unenclosed, sufficient in size to store one motor vehicle, together with a paved driveway connecting the parking space with a street or alley and permitting ingress and egress of an automobile.

   Parking Space, Off Street. An area adequate for parking an automobile with room for opening doors on both sides together with properly related access to a public street or alley and maneuvering room but shall be located totally outside of any street or alley right-of-way.

   Passenger Vehicle. A road motor vehicle, other than a motorcycle, intended for the carriage of passengers and designed to seat no more than nine persons (including the driver).

   Peak Rate of Runoff. The maximum rate of runoff for any 24-hour storm of a given frequency.

   Performance Bond or Surety Bond. An agreement by a subdivider or developer with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specification within the time prescribed by the subdivider’s agreement.

   Performance Standard. A criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.

   Permitted or Licensed Premises. Any premises that requires a license and/or permit and that is classified as an adult entertainment business.

   Permittee and/or Licensee. A person in whose name a permit and/or license to operate an adult entertainment business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

   Person. Any natural person, firm, partnership, association, or corporation, but this definition does not include governmental units.

   Personal Services. Activities conducted in an office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, tailor, dressmaker, doctor, attorney, architect or a photocopy duplication center.

   Personal Wireless Services. Commercial mobile services, unlicensed wireless services and common carrier wireless exchange access services as such term is defined in 47 U.S.C.S Section 332 of the Telecommunications Act of 1996.

   Personal Wireless Service Facilities. Facilities for the provision of personal wireless services as such term is defined in 47 U.S.C.S Section 332 of the Telecommunications Act of 1996 and further includes towers, poles, cables, wires, lines, wave guides, antennas, microwave dishes and/or any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. The term personal wireless service facilities shall not include the following, which shall be exempted from regulation under this Code:

      (1)   Any satellite earth station antenna two meters or less in diameter or less that is located in an area zoned industrial or commercial;

      (2)   Any satellite earth station antenna one meter or less in diameter, regardless of zoning category; or

      (3)   Antennas used by amateur radio operators or those used for television reception on residential homes.

   Pickup Camper. A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.

   Place. An open, unoccupied space other than a street or alley, permanently reserved for use as the principal means of access to abutting property.

   Plat. The map, drawing, or chart on which the developer’s plan of subdivision (preliminary) is presented to the Planning Commission for approval and, after such approval, to the County Recorder (final) for recording.

   Plat of Survey. A land survey performed by a professional surveyor which identifies a minor subdivision or lot split.

   Play Equipment. An area used for outdoor play or recreation, especially by children, and often containing recreational equipment such as slides and swings.

   Playhouse. Any temporary building or structure made specifically for the recreational enjoyment of the tenant’s children. Such structures will be under 200 square feet and can be easily removed from the property.

   Pollutant. Anything which causes or contributes to pollution. Pollutants may include, but are not limited to: paints, varnishes, and solvents; oil and other automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse, rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and accumulations, so that same may cause or contribute to pollution; floatables; pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage, fecal coliform and pathogens; dissolved and particulate metals; animal wastes; wastes and residues that result from constructing a building or structure; and noxious or offensive matter of any kind.

   Ponds. An area that is designed to permanently hold water for personal enjoyment.

   Pool, Private. Any manufactured or field-constructed equipment designed to contain water on a permanent or semi-permanent basis and used for swimming, wading, immersion, or therapeutic purposes for the exclusive use of the residents of the premises and their invited guests.

   Pool, Storable. Any private pool that is constructed on or above the ground and is capable of holding water to a maximum depth of 42 inches, or a pool with nonmetallic, molded polymeric walls or inflatable fabric walls regardless of dimension.

   Pool House. A building where swimmers change clothes or other associated activities to a residential swimming pool.

   Pool Permanently Installed. Any private pool that is constructed in the ground, or partially in the ground, and all others capable of holding water in a depth greater than 42 inches, and all pools installed inside of a building, regardless of water depth, whether or not served by electrical circuits of any nature.

   Porch, Open. A roofed open structure that projects from the front, side or rear wall of a building which is unenclosed, except possibly for screens, by anything higher than 36 inches above the floor except for roof and roof supports.

   Portable Storage Units. 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.

   Pre-Development Conditions. Site conditions as they existed prior to manmade alterations and/or earth disturbing activities.

   Preexisting Towers and Preexisting Antenna. Any personal wireless service facilities for which a building permit has been properly issued prior to the effective date of this section, including permitted personal wireless service facilities that have not yet been constructed so long as such approval is current and not expired.

   Preliminary Plan. The drawing depicting a proposed subdivision which is intended to provide the City Manager’s Office and the Planning Commission with pertinent information regarding the development of a subdivision. The plan must contain all necessary information as required herein.

   Preliminary Plat. The drawing depicting a proposed subdivision which is intended to provide the City Manager’s Office and the Planning Commission with pertinent information regarding the development of a subdivision. The plat must contain all necessary information as required herein.

   Premises. Any lot or combination of contiguous lots held in single ownership, together with the development thereon; a condominium complex constitutes one premises.

   Principal Building. A building in which is conducted the principal use of the lot upon which it is situated.

   Principal Use. The primary or predominant use of land or structures, as distinguished from an accessory use. A principal use may be either a permitted use or a conditional use.

   Private Performance. The display or exposure of any specified anatomical area by an employee at an adult entertainment business to a person other than another employee while the person is in an area within the establishment not accessible during such display to all other persons in the establishment, or while the person is an area in which the person is totally or partially screened or partitioned during such display from the view of all persons within the establishment.

   Private Street. A roadway which has not been dedicated to the City and is completely maintained by the adjoining property owners. A private street is not maintained by the City nor is it required to meet City standards. It is owned entirely by the property owners who use it.

   Proportion. The relationship of the dimensions of building elements, such as windows and doors, to each other and to the elevations. Often, proportions are expressed as mathematical ratios, particularly for buildings based on Greek, Roman and Renaissance architecture.

   Protected Public Water Supply. A public water system which services at least 15 service connections used by year-round residents or regularly serves at least 25 year-round residents and having a one-year capture area defined through appropriate hydrologic studies.

   Protected Use. For the purpose of regulating adult entertainment business, "protected uses" are those uses listed below:

      (1)   Government administration and court;

      (2)   Park;

      (3)   Religious assembly;

      (4)   Residential district or use;

      (5)   Primary school or secondary school;

      (6)   Any overnight lodging use; or

      (7)   Any establishment that sells alcoholic beverages either packaged, by the glass, or by other means.

   Public Property. Real estate owned, leased, or otherwise controlled by a governmental entity.

   Public Waters. Water within rivers, streams, ditches, and lakes except private ponds and lakes wholly within single properties, or waters leaving property on which surface water originates.

   Public Way. An alley, avenue, boulevard, bridge, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk, or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

   Purlin. Timber used to support roofing sheets. Usually fixed on top of rafters.

   Q.

   None.

   R.

   Radiation Propagation Studies or Radial Plots. Computer generated estimates of the radiation emanating from antennas or repeaters sited on a specific tower or structure. The height above ground and above mean sea level, power input and output, frequency output, type of antenna, antenna gain energy dispersion characteristics, and topography of both the site and its surroundings are all considered to create these situations. They are the primary tool for determining whether a site will provide adequate coverage for the personal wireless service facility proposed for that site.

   Radio Dish/Antenna. Equipment found on the exterior of a residential property and comprising of the part of the radio receiver by means of which the radio signals are received.

   Radio Licensed Antenna (Non-Commercial). An antenna in any zoning district not used in conjunction with a business commercial enterprise, trade, calling, vocation, profession, occupation, or means of livelihood, including, but not limited to FCC licensed amateur radio stations and standard television receive-only parabolic antennas.

   Rafter. A parallel member of a roof that support battens/purlins and roofing materials.

   Rail. The top and bottom frame member of a door or window that is not the jamb.

   Recreational Vehicles and Equipment. A motor home, house trailer, truck camper, boat, boat trailer, travel trailer and/or any other vehicle which is principally designated and used for recreation purposes.

   Regulated Substances. Chemicals and mixtures of chemicals which are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not "regulated substances". "Regulated substances" include:

      (1)   Chemicals for which there is scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, heptotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes, or mucous membranes.

      (2)   Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

      (3)   Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is 0.1% or greater of the composition on a weight per unit weight basis.

   Replat. A new recording of a previously recorded subdivision in which the purpose is to modify some portion of the originally recorded plat.

   Reveal. The part of the side of a window or door opening that is between the outer surface of a wall and the window or door frame.

   Rhythm. The spacing of repetitive facade elements, such as projecting bays, storefronts, windows, doors, belt courses and the like.

   Right-of-Way. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

   Roof, Mansard. A roof with two slopes on each of the four sides. The lower slope is steeper than the upper slope. Dormers are often set in the lower slope. The upper slope is usually not visible from the ground.

   Runoff. The portion of rainfall, melted snow or irrigation water that flows across the ground surface and is eventually returned to streams.

   S.

   Sanitary Sewers. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.

   Sanitary Waste Treatment, On-Site. A septic tank or similar installation on an individual lot which utilizes a bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

   Satellite Dish. A device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow dish. Such device shall be used only to receive radio or electromagnetic waves between terrestrially and/or orbitally based uses. Satellite dishes include but are not limited to TVRO’s (television reception only satellite dish antennas) and satellite microwave antennas.

   Savings and Loan Institute. See "Financial Institution".

   Scale. The relationship of the size of a building or object to the size of a human being. Grand or large scale implies a size out of proportion to human size, while small or intimate scale implies the opposite.

   Secondary Dwelling Units. A dwelling unit designed for and occupied by one family and secondary to a principal use of the property, for use as a complete, independent living facility with provision in the accessory apartment for cooking, eating, sanitation, and sleeping. Accessory dwelling units shall be clearly subordinate to the principal use in both size and location.

   Sediment. Solid material both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity, or ice, and has come to rest on the earth’s surface above or below sea level.

   Sediment Basin. A barrier, dam, or other suitable detention facility built across an area of water flow to settle and retain sediment carried by the runoff waters.

   Sediment Control Plan. A written description, acceptable to the approving agency, of methods for controlling sediment pollution from accelerated erosion on a development area of five or more contiguous acres or from erosion caused by accelerated runoff from a development area of five or more contiguous acres.

   Sediment Pollution. Failure to use management or conservation practices to abate wind or water erosion of the soil or to abate the degradation of the waters of the state by soil sediment in conjunction with land grading, excavating, filling, or other soil-disturbing activities on land used or being developed for non-farm commercial, industrial, residential, or other non-farm purposes.

   Semi-Nudity or Semi-Nude Condition or Semi-Nude. Exposing to view, with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided that the areola is not exposed in whole or in part.

   Setback. The required minimum horizontal distance between the building line and the related front, side or rear property line.

   Setback Line. A line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from said right-of-way.

   Settling Pond. A runoff detention structure such as a sediment basin or sediment trap, which detain sediment-laden runoff allowing sediment to settle out.

   Sewers, Sanitary, Central or Group. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

   Sewers, Storm. A sewer that carries storm water and surface water, street wash and other wash waters, or drainage, but excludes domestic wastewater and industrial wastes. Also called a storm drain.

   Sheet Flow. Overland water runoff in a thin uniform layer.

   Sidewalk. That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

   Sign. An outdoor advertising structure, device or visual communication designed or intended to convey information to the public in written or pictorial form.

   Sign, Abandoned. A sign that is no longer intended to promote an active business or provide any message related to an active use of the property on which it is located.

   Sign, Advertising. A sign which directs attention to a use, commodity or service not related to the premises on which the sign is located.

   Sign Area. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure or similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed; excluding the necessary supports or uprights on which such sign is placed. The area of a sign having more than one display shall be computed as the total of the exposed exterior display surface area.

   Sign, Awning, Canopy or Marquee. A sign that is mounted on or painted on or attached to an awning, canopy or marquee.

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   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 "Sign, Yard".

   Sign, Building. Signs that are attached to the building including wall signs, projecting signs, awning signs, suspended signs, flag banner signs, and canopy signs.

   Sign, Bulletin Board. A structure containing a surface upon which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field or area of similar use for the announcement of services or activities to be held therein.

   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. May also be known as readerboards. See also the definition of "electronic message center".

   Sign, Construction. A sign indicating the names of architects, engineers, contractors and similar persons involved in the design and construction of a structure or project.

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

   Sign, Directional. A sign directing vehicular or pedestrian movement onto or within a premise with no identification or advertising on the sign.

   Sign, Drive-Through. Any signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.

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

   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, Flag Banner. Any rigid cloth, plastic or canvas sign with no enclosing framework that is mounted to a building at one or more edges or on a pole. Flags with noncommercial speech shall not be considered flag banner signs.

   Sign, Flashing. Any illuminated sign on which the artificial light or any part thereof has conspicuous or intermittent variation in intensity or color.

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   Sign, Freestanding. A sign suspended or supported by one or more uprights or braces in or upon the ground surface.

   Sign, Governmental. A sign erected at the side of or above roads to give instructions or provide information to road users.

   Sign Height. The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

   Sign, Identification. A sign which displays only the same address and/or use of the premises upon which the sign is located or to which it is affixed, or the product or service offered therein.

   Sign, Illuminated. A sign that is lighted by an artificial light source.

   Sign, Monument. A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure. Unless otherwise stated, monument signs shall either be a pole sign or monument sign. A sign that is placed on two posts, which are no more than two feet in height to the base of the sign cabinet or sign face, shall be considered a monument sign for the purposes of this chapter.

   Sign, Moving. Any sign which in part or total, rotates, revolves or otherwise is in motion.

   Sign, Name Plate. A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying space in such building or premises.

   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, Painted Bulletin. An advertising structure on which advertising design is painted and posted, and which may incorporate the use of cutouts and/or other embellishments.

   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.

   Sign, Pole. A permanent freestanding sign supported by one or more uprights, poles or braces placed in or upon the ground surface and not attached to any building.

   Sign, Portable. A sign that is attached to wheels, skids, or other forms of mounting which is not permanently affixed in or to the ground.

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   Sign, Poster Panel. An advertising structure measuring not more than 12 feet by 25 feet overall on which posters are displayed.

   Sign, Projecting. A sign suspended from or supported by a building structure, or column and extending therefrom, more than 15 inches.

   Sign, Roof. Any sign which is erected over the roof or parapet above the roofline and/or receives any or all its support from the roof structure.

   Sign, Sidewalk (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. Such signs are placed on a public sidewalk, private sidewalk, or similar walkway, in a manner established herein.

   Sign, Sidewalk (T-Frame). A freestanding 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. Such signs are placed on a public sidewalk, private sidewalk, or similar walkway, in a manner established herein.

   Sign Structure. The supports, uprights, bracing or framework for signs.

   Sign, Suspended. A sign that is affixed beneath the roof of a canopy, awning, or outdoor form of a ceiling that maintain the minimum clearance requirements established in this Code.

   Sign, Temporary. A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land and which directs attention to an object, product, place, person, institution, organization or business and is constructed of cloth, canvas, plastic sheet, cardboard or other like materials and which is intended to be displayed for a limited period of time.

   Sign, Wall. A sign which is affixed, painted on or attached to the wall of the building or other structure and which extends not more than 15 inches from the face of the wall.

   Sign, Warning. Any sign indicating danger or a situation which is potentially dangerous.

   Sign, Window. A sign attached to, in contact with, placed upon or painted on the window or door of a building which is intended for viewing from the outside of such building. This does not include merchandise located in a window.

   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.

   Sill. The framing member that forms the bottom edge of the window opening.

   Site Development Plan. The written document or set of plans meeting the requirements of this Code that provides information on the location of the area proposed for development, the site in relation to its general surroundings, and existing characteristics of the site, including limits of earth disturbing activities.

   Site Plan. A plan, drawn to scale, showing accurately and with complete dimensioning, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land. A site plan shall include a drawing, including a legal or site description, of real estate which shows the location and size of the following, both existing and proposed: all buildings, structures and yards; locations and dimensions of building lines and easements; widths and lengths of all entrances and exits to and from such real estate; and the locations of all adjacent or adjoining streets, service facilities, topography, drainage plan and other improvements, such as planting areas.

   Slip. See "Landslide".

   Slope (Related to Roofs). The incline of the roof. Amount of rise for every 12 inches of run.

   Slope (Related to the Ground or Topography). The face of an embankment or cut section; any ground whose surface makes an angle with the plane of the horizon. Slope is usually expressed in a percentage based upon vertical differences in feet per 100 feet of horizontal distance.

   Sloughing. A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth-disturbing activity of man.

   Soffit. A horizontal member that fills the gap between the exterior wall and the fascia.

   Soil and Water Conservation District. As organized under R.C. Chapter 1515; referring either to the Soil and Water Conservation District Board, or its designated employee(s).

   Soil Loss. Soil relocated on or removed from a given site by the forces of erosion and the redeposit of the soil at another site on land or in a body of water.

   Soil Stabilization. Vegetative or structural soil cover controlling erosion, and includes permanent and temporary see, mulch, sod, pavement, etc.

   Specified Anatomical Areas.

      (1)   Less than completely and opaquely covered human genitals, public region, buttock and female breasts below a point immediately above the top of the areola; and

      (2)   Human male genitals in a discernibly turgid state even if completely and opaquely covered.

   Specified Sexual Activities.

      (1)   Human genitals in a state of sexual stimulation or arousal;

      (2)   Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; or

      (3)   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

   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.

   Steep Slope. A slope over 18% grade, which is characterized by increased run-off, erosion and sediment hazards.

   Stop-work Order. An order issued which requires that all work on the site must cease except work associated with bringing the site into compliance with the approved SWP3 or Site Development Plan.

   Storm Drainage System. Publicly owned facilities by which storm water is collected and/or conveyed including but not limited to any roads with drainage systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping facilities, retention and detention basins, natural and human-made or altered drainage channels, reservoirs, and other drainage structures.

   Storm Frequency. The average period of time within which a storm of a given duration and intensity can be expected to be equaled or exceeded.

   Storm Water. Any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation and resulting from such precipitation.

   Storm Water Management. Runoff water safely conveyed or temporarily stored and released at an allowable rate to minimize erosion and flooding.

   Storm Water Management Plan (SMP). The written document meeting the requirements of this Code that sets forth the plans and practices to be used to minimize storm water runoff from a site and to safely convey or temporarily store and release post-development storm water runoff at an allowable rate to minimize flooding and erosion.

   Stormwater Pollution Prevention Plan (Related to Sewer). A document which describes the Best Management Practices and activities to be implemented by a person or business to identify sources of pollution or contamination at a site and the actions to eliminate or reduce pollutant discharges to stormwater, stormwater conveyance systems, and/or receiving waters to the maximum extent practicable.

   Storm Water Pollution Prevention Plan (Related to Storm Water). The document required by the Ohio EPA for compliance with its NPDES Construction Activity General Permit #OHC000002. The requirements of the SWP3 are required as part of the local jurisdiction’s Stormwater Management Plan as described above and in this UDO.

   Storm Water Runoff. See "Runoff".

   Story. That portion of a building included between the surface of any floor and the surface of the floor next above it. If there is no floor above it, then the space between such floor and the ceiling next above it shall be the story.

   Story, Half. That portion of a building under a sloping, gable, hip or gambrel roof, the wall plates on at least two opposite exterior walls of which are not more than three feet above the floor level of such half story.

   Stream. A body of water running or flowing on the earth’s surface or channel in which such flow occurs. Flow may be seasonally intermittent.

   Street. A public right-of-way, other than an alley, affording primary access by vehicles or pedestrians, or both, to abutting property.

   Street, Arterial. A major street that provides intracommunity travel and access to the county or regional highway system. Access to an arterial should be provided at collector and local streets.

   Street, Collector. A street which provides for distribution of traffic between major and local streets and abutting properties, including the principal entrance and circulation routes within residential subdivisions.

   Street Frontage. The distance for which the front boundary line of the lot and the street line are coincident.

   Street Line. A dividing line between a lot, tract or parcel of land and a contiguous street.

   Street, Local. A minor street primarily used for providing access to individual properties.

   Street, Major. A street with a right-of-way of 70 feet or greater as shown on the Official Thoroughfare Plan of the City of Sidney.

   Street, Private. A street not dedicated to the City.

   Street, Public. A street dedicated to the City.

   Structural Alteration. Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any substantial change in the exterior walls or the roof.

   Structural Controls. Any human-made facility, structure, or device that is constructed to provide temporary storage and/or treatment of storm water runoff. Examples include retention and detention basins, rock check dams, swales, and constructed wetlands.

   Structure. Anything constructed or erected, the use of which requires more or less permanent location on the ground, or which is attached to something permanently located on the ground.

   Structure, Temporary. A use or 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 period of time. A temporary structure is without a foundation or footing.

   Subdivider. See "Developer".

   Subdivision.

      (1)   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites, or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

      (2)   The improvement of one or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening, or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. (See Minor Subdivision)

   Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50% of the market value of the structure before the damage occurred.

   Substantial Improvement. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50% of the market value of the structure before the "start of construction" of the improvement. This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

      (1)   Any improvement to a structure which is considered "new construction",

      (2)   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified prior to the application for a development permit by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

      (3)   Any alteration of a "historic structure", provided that the alteration will not preclude the structure’s continued designation as a "historic structure".

   Surveyor. A registered land surveyor in the State of Ohio.

   Swale. A low-lying stretch of vegetated land which gathers and carries surface water.

   T.

   Television Dish/Antenna. Equipment found on the exterior of a residential property and comprising of the part of the receiver by means of which the television signals are received.

   Temporary Vegetation. Short term vegetative cover such as oats, rye, or wheat, used to stabilize the soil surface until final grading and installation of permanent vegetation.

   Tennis Court. A rectangular area marked with lines and enclosed by a fence, on which tennis is played.

   Tent-Type Fold Out Camping Trailer. Any vehicle intended to be used, when stationary, as a temporary shelter with living and sleeping facilities, and which is subject to the following properties and limitations:

      (1)   A minimum of 25% of the fold out portion of the top and sidewalls combined must be constructed of canvas, vinyl or other fabric, and form an integral part of the shelter.

      (2)   When folded, the unit shall not exceed:

         A.   Fifteen feet in length, exclusive of bumper and tongue;

         B.   Sixty inches in height from the point of contact with the ground;

         C.   Eight feet in width; or

         D.   One ton gross weight at time of sale.

   Terrain Classification. Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly, or hillside for street design purposes. The classifications are as follows:

      (1)   "Level" is that land which has a cross slope range of 4% or less.

      (2)   "Rolling" is that land which has a cross slope range of more than 4% but not more than 8%.

      (3)   "Hilly" is that land which has a cross slope range of more than 8% but not more than 15%.

      (4)   "Hillside" is that land which has a cross slope range of more than 15%.

   Thoroughfare. See "Street".

   Time Limits. Time limits designated within these regulations shall begin when application for review are officially accepted or as otherwise stipulated in this UDO.

   Topsoil. Surface and upper surface soils which presumably are darker colored, fertile soil materials, ordinarily rich in organic matter or humus debris.

   Tower. A self-supporting, monopole, or guyed structure, constructed from grade, which supports personal wireless facilities. The term tower shall not include amateur radio operator’s equipment, as licensed by the FCC.

   Townhouses. See "Dwelling, Multifamily".

   Transfer of Ownership or Control of an Adult Entertainment Business. The transfer of ownership or control of an adult entertainment business means and includes any of the following:

      (1)   The sale, lease or sublease of the business;

      (2)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death a person possessing the ownership or control.

   Transparency. The amount of glass and other transparent materials used in openings such as doors and windows to promote visual interest in storefronts, especially at the pedestrian level.

   Travel Trailer. A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

   Treehouse. A structure built in the branches of a tree for children to play in.

   Trellises. A framework of light wooden or metal bars, chiefly used as a support for fruit trees or climbing plants.

   Truck Camper. A non-self-propelled recreational vehicle without wheels for road use and designed to be placed upon and attached to a motor vehicle. "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.

   U.

   Underground Storage Tank. Any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of "regulated substances" and the volume of which (including the volume of underground pipes connected thereto) is 10% or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.

   Use. The purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

   Use, Accessory. See Accessory Use.

   Use Change of. The change of activity of a building, structure or premise.

   Use, Conditional. A use which is permitted in a district or zone only if a zoning certificate therefore is expressly authorized by the Board of Zoning Appeals.

   Use, Nonconforming. Any building, structure, parking area, or premises legally existing or used at the time of adoption of this chapter, or any amendment thereto, and which does not conform with the use regulations of the district or zone in which located. Any such building, structure, or premises conforming in respect to use but not in respect to height, area, yards, or courts, or distance requirements from more restricted districts or uses, shall not be considered a nonconforming use.

   Use Principal Permitted. A use which is permitted outright in a district or zone for which a zoning certificate shall be issued by the Zoning Director provided that the applicant meets the applicable requirements of the Code.

   Use, Temporary. A use that is authorized to be conducted for a fixed period of time. Temporary uses are characterized by such activities as the sale of agricultural products, contractors’ offices and equipment sheds, fireworks, carnivals, flea markets, and garage sales.

   Utility Easement. The easement used for the maintenance of vehicle sight distances, the placement of stormwater drainage, sewer, water, natural gas, electric, telephone, cable television or other facilities or utilities, and for street maintenance.

   Utility Trailer. Any single or dual axle non-motorized vehicle used for transportation of equipment, vehicles, livestock and any other materials.

   V.

   Variance. A modification of the specific requirements of this Zoning Code granted by the Board in accordance with the terms of this Code for the purpose of assuring that no property, because of special circumstances applicable to it, shall be deprived of privileges commonly enjoyed by other properties in the same vicinity and zoning district. Such modification shall not include authorizing a use not among the uses specified by this Zoning Code as permitted in the district in which such property is located.

   Vicinity Map. A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the City in order to better locate and orient the area in question.

   Visibility Triangle/Vision Clearance on Corner Lots. A triangular space at the street corner of a corner lot, free from any kind of obstruction to vision between the heights of three and 12 feet above the established street grade. The street grade is measured at the intersection of the center lines of the intersecting street pavements, and the triangular space is determined by a diagonal line connecting two points measured 15 feet along each of the street property lines equidistant from the intersection of the property lines or the property lines extended, at the corner of the lot.

   W.

   Walkway. A dedicated public way, for pedestrian use only, whether along the side of a road or not.

   Warehouse. A structure or part of a structure, for storing goods, wares and merchandise, whether for the owner or for others, and whether the same being public or private warehouse.

   Wastewater. Any water or other liquid, other than uncontaminated storm water, discharged from a facility.

   Watercourse. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines, or washes) in which waters flow in a definite direction or course either continuously or intermittently and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.

   Water Resource. All streams, lakes, ponds, wetlands, drainage systems, and all other water bodies or accumulations of surface water, natural or artificial, which are situated wholly or partially or borders upon the jurisdiction, except those private waters which do not combine or affect or junction with natural surface waters.

   Watershed. The total drainage area contributing runoff to a single point.

   Wellhead. The source of a spring or stream.

   Wetlands. Surface areas that are inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated conditions. Wetlands generally include swamps, marshes, bogs and similar areas (1987 Corp of Engineers Wetland Delineation Manual).

   Wholesale Business or Mail Order House. A business, the sale of whose products are for resale by the purchaser.

   Wind Generating Antenna. Accessory equipment associated with wind turbines.

   X.

   None.

   Y.

   Yard. An open space other than a court, on a lot, unoccupied and unobstructed from the ground upward.

   Yard, Front. A yard extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, usually the building line.

   Yard, Front (Least Depth). The shortest distance, measured horizontally, between any part of the building, and the front lot line.

   Yard, Front, How Measured, Least Depth. Such depth shall be measured from the right-of-way line of the existing street on which the lot fronts; provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan differs from that of the existing street, then the required front yard least depth shall be measured from the right-of-way line of such street as designated on said Thoroughfare Plan.

   Yard, Rear. A yard extending across the full width of the lot, the depth of which is the minimum distance between the rear lot line to the closest part of a principal building.

   Yard, Rear (Least Depth). The average distance measured horizontally between any part of a building and the nearest rear lot line.

   Yard, Rear, How Measured, Least Depth. The average distance measured horizontally between any part of a building, except as hereinafter specified, and the nearest rear lot line.

   Yard, Required. A space between a lot line and the buildable area within which no structure shall be located except as provided in this UDO.

   Yard, Side. An open space extending from the front yard to the rear yard between a building and the nearest side lot line unoccupied and unobstructed from the ground upward except as hereinafter specified.

   Yard, Side (Least Depth). The shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the nearest side lot line.

   Yard, Side, How Measured, Least Width. Such width shall be measured from the nearest side lot line. On a corner lot when the side lot line is a side street lot line, the required side yard shall be the same as the required front yard of the lot adjacent thereto.

   Z.

   Zone. Also, a district.

   Zoning Map. The Zoning Map or Maps of the incorporated area of the City of Sidney, or portions thereof, together with all amendments thereto subsequently adopted.

   Zoning Permit. The document issued by the City Manager or his or her designee authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.

(Ord. A-3075. Passed 1-24-22.)