§ 153.007  DEFINITIONS.
   Unless the context otherwise requires, the following definitions shall be used in the interpretation of this Zoning Code.
   ABUTTING.  Having a common border with, or being separated from, such a common by a right-of-way, alley, or easement.
   ACCESSORY STRUCTURE.  Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
   ACCESSORY USE.  A use incidental to and on the same lot or property as the principal use.
   ADULT DAY CARE FACILITIES.  A facility where adults that are not normally capable of taking care of themselves are taken care of on an hourly or daily basis by qualified persons, other than the primary care giver, without providing any overnight accommodations or routine medical service, other than emergency service or administering of medication. The facility is characterized by the fact that the adults do not leave or are not capable of leaving the facility without assistance from a care giver.
   ADULT FAMILY HOME.  A residence or facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults.  Any person may operate an adult family home licensed as an adult care facility as a permitted use in any residential zoning district subject to the excessive concentration regulations set forth in the conditional use subchapter of this Zoning Code.  Such adult family homes may be required to comply with area, height, yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the residential zoning district.
   ADULT GROUP HOME.  A group of six or more individuals not related by blood, marriage, adoption, or guardianship living together in a dwelling unit as a single housekeeping unit under supervision of on-site management, which is compensated by payment to providing organization and stability to those individuals.  The individuals are usually not infirm and may be capable of leaving the premises without assistance.  ADULT GROUP HOME does not include nursing homes where the individuals are infirm.  Adult group homes are subject to the excessive concentration regulations set forth in the conditional use section of this Zoning Code.
   AGRICULTURE.  The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
   ALLEY.  A public or private thoroughfare which affords only a secondary means of access to a lot or abutting property and being less than 21 feet in width.
   ALTERATION.  Any change, addition, or modification in construction or occupancy of an existing structure.
   ALTERATIONS, STRUCTURAL.  Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
   ANIMALS (EXOTIC).  Any cat, other than felis catus; any canine, other than canis familiaris, non-human primates; poisonous reptiles; alligators, crocodiles or lizards over two feet long; snakes over six feet long; bears; kangaroos; eagles; poisonous stinging insects; or arachnids.
   ANIMALS (FARM).  All species of animals not classified as an exotic animal or an animal as a pet in these definitions.
   ANIMALS (AS PETS).  Any species of felis catus and canis familiaris and other animals commonly kept as domestic pets.
   APARTMENT.  See DWELLING, MULTIPLE-FAMILY, as defined in this section.
   ASSISTED LIVING FACILITY.  A program that provides and/or arranges for daily meals, personal and other supportive services, health care and 24-hour oversight to persons residing in a group residential facility who need assistance with the activities of daily living. The "activities of daily living" are generally considered to include eating, bathing, dressing, getting to and using the bathroom, getting in or out of bed or chair, and mobility. Assisted living facilities generally serve a broad range of elderly (60 to 90+ years of age) becoming, in effect, a bridge between active retirement living and, for some, care in a nursing facility.
   AUTOMATED TELLER MACHINE (ATM).  A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.
   AUTOMOBILE SALES.  An open space area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done, including farm implements, boats, motorcycles, bicycles, and lawnmowers. This definition also applies to the sales of trailers.
   AUTOMOTIVE GASOLINE STATIONS.  A commercial business which conducts the retail sale of motor vehicle and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol, and propane fuels. Automobile service and repair is not included. The sale of other commercial retail goods such as limited food, beverage, and other convenience items is permitted on a limited scale.
   AUTOMOTIVE SERVICE STATION.  Establishment primarily engaged in automotive repair, including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories.
   AUTOMOTIVE WASH OR AUTOMOTIVE CAR WASH.  See CAR WASH, as defined in this section.
   AWNING.  A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials.
   BANKS AND FINANCIAL INSTITUTIONS.  Commercial banks, savings and loan associations, credit unions, brokerage offices, and other similar financial institutions, but not including pawnshops, check cashing establishments or payday loan businesses.
   BASEMENT.  That portion of a building below or immediately above grade and not used for habitation.  A basement shall not be considered as a story, if the floor level is not less than three feet, six inches below the average grade at the exterior walls of the building.
   BAR, TAVERN, OR COCKTAIL LOUNGE.  Any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded by law.  It shall not mean a restaurant wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and minors are not prohibited from dining.
   BED AND BREAKFAST LODGINGS.  A dwelling wherein lodging and/or food is provided by a resident family primarily for transient guests, as distinguished from a boarding house, hotel, or motel.
   BOARDING HOUSE.  A building other than a hotel, motel, or a bed and breakfast where for compensation by the week or month, meals are provided for three or more unrelated boarders or roomers at any one time.
   BUFFER AREA or SCREENING.  A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another.  Buffering includes fences, walls, hedges, berms, landscaping material, or a combination of these.
   BUILDING. Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.  When such a structure is divided into separate parts by one or more un-pierced walls extending from the ground up, each part is deemed a separate building with respect to the minimum side yard requirements as hereinafter provided.
   BUILDING HEIGHT.  The vertical distance from the average established grade in front of the lot, or from the average natural grade of the building, if higher, to the average height of the top of the cornice of flat roofs, or to the deck line of a mansard roof, or to the mid-height of the highest gable or dormer in a pitched or hipped roof, or, if there are no gables or dormers, to the mid-height of a pitched or hipped roof. Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of the grades shall control only for the depth of 120 feet perpendicularly back from the street line of the higher street or alley. On a corner lot, the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more of the streets are of the same width, from the higher of the grades.
   CAR WASH.  An automobile service facility either manually operated or automatic for clearing interior and exterior of automobiles or other motor vehicles.
   CEMETERY.  Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
   CHILD DAY CARE CENTER.  An establishment that administers to the needs of infants, toddlers, pre-school children, and school children inside and outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any part of the 24-hour day.  The term CHILD DAY CARE CENTER also includes nursery schools where children under the age of five are receiving schooling.  Child day care center must obtain all required licensure requirements from the State of Ohio.
   CHILD CARE, HOME OPERATED (TYPE "A").  A residential dwelling in which child care for more than six children and no more than 12 children is provided by the permanent resident for a fee, regardless of whether the facility is licensed or not. Type A child care homes are not permitted in any residence district.
   CHILD CARE, HOME OPERATED (TYPE "B").  A private residence, where care, supervision, and protection are provided on a regular basis from one to six infants, toddlers, pre-school children, and school children outside of school hours by a person who is not the parent but is a resident of the home. For the purposes of this definition, the resident children who are under 16 shall be included with the nonresident children when counting the number of children. A dwelling with a family with more than six children who are all living in the dwelling unit and are related shall not be considered a home operated child care.  In accordance with R.C. § 5104.054, the facility shall be considered a residential use of property and permitted in all residence districts.
   CLINIC.  A place used for the care, diagnosis, and treatment of sick, ailing, or injured persons, and those who are in need of medical and surgical attention but who are not provided with board or room or kept overnight on the premises.
   CLUB.  A building or portion thereof or premises owned or operated for a fraternal, literary, political, or educational purpose primarily for the exclusive use of its members and their guests.
   COMPREHENSIVE PLAN.  A plan, or any portion thereof, adopted by the Planning Commission and the legislative authority of the city, showing the general location and extent or present and proposed physical facilities including housing, industrial, and commercial uses, major thoroughfares, parks, schools, and other community facilities.  This plan establishes the goals, objectives, and policies of the community.
   CONVALESCENT HOME.  See NURSING HOME, as defined in this section.
   CONVENIENCE STORE.  A small scale retail store used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers and magazines and having a gross floor area of less than 5,000 square feet.  Such store may also include gasoline pumps and/or an area used for food service provided by a restaurant.
   COTTAGE INDUSTRY.  A cottage industry is a more intensive form of home occupation business, having more employees, more floor area used for the business, or other signs of greater use of a residential parcel for business purposes.  A cottage industry remains clearly subordinate to the use of the parcel and dwelling for residential purpose.
   DENSITY.  A unit of measure; the number of dwelling units per acre of land.
   DENSITY, GROSS.  The number of dwelling units per acre of the total land to be developed.
   DENSITY, NET.  The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
   DRIVE-IN RESTAURANTS.  Any restaurant, sandwich shop, dairy bar, soft drink stand, or any business establishment where prepared food or beverages are served to customers while the customers are seated in automobiles parked in the open air, or on streets or highways, or at tables placed in the open air.
   DRIVE-UP or DRIVE-THROUGH.  An establishment that by design of physical facilities or by services or packaging procedures encourages or permit customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
   DWELLING.  A building occupied as an abode by one or more persons.  Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, modular or mobile home, or factory built dwelling (industrialized unit, industrialized dwelling) where the building or portion thereof is of closed construction necessitating disassembly, damage, or destruction of the industrial unit at the building site in order to allow the building inspector to adequately inspect its component parts, or a room in a hotel or motel.
   DWELLING, SINGLE-FAMILY.  A building used exclusively to provide one dwelling unit for occupancy by one family.
   DWELLING, MULTIPLE-FAMILY.  A building used exclusively to provide two or more dwelling units for occupancy by three or more families.
   DWELLING UNIT.  One or more rooms physically arranged so as to create an independent housekeeping establishment for occupancy by one family with separate toilets and facilities for cooking and sleeping.  A DWELLING UNIT does not include mobile or manufactured homes, but does include industrialized units.
   EDUCATIONAL INSTITUTION.  Public or private elementary schools, junior high schools, middle schools, high schools, junior colleges, community colleges, colleges, or universities, or other schools giving general academic instruction in several branches of learning and study required by the education code of the state.
   EASEMENT.  The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
   FAMILY.  One or more persons occupying a premises and living as a single housekeeping unit, whether or not related to each other by birth or marriage; as distinguished from a group occupying a boarding house, lodging house, or hotel as herein defined, provided, however, that unless all members are related by blood, adoption, or marriage, no such family shall contain over five persons except for foster homes approved by the Ohio Department of Welfare.
   FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two buildings.  The floor area of a building shall include all livable spaces including the basement floor area when more than one-half of the basement height is above the finished grade level.
   FRONTAGE. All the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
   FUNERAL HOME.  A building or part thereof used for human funeral services. Such building may contain space and facilities for: embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other related surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; and the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
   GARAGE. An accessory building for automobiles in which no occupation or business is carried on.
   GARAGE, REPAIR.  See AUTOMOTIVE REPAIR, as defined in this section.
   GARDEN CENTER or RETAIL NURSERY.  An establishment engaged in the cultivation and retail sale of vegetation and associated items to the public. This definition does not include large scale nursery production operations selling vegetation products at a wholesale level.
   GASOLINE SERVICE STATION or FILLING STATION. A building or part of a building or structure or space for the retail sale of gasoline, lubricants, and motor vehicle accessories and/or for minor service and repairs not accompanied by objectionable noises, fumes, dust, or odors.
   GRADE.  The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building, and a line five feet from the building.
   HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit exclusive of garages or accessory buildings carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any extension or modification of the dwelling which will alter its outward appearance.
   HOSPITAL. Any public or private institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates 24 hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.
   HOTEL. A business which offers overnight accommodations to transient guests on a daily rate basis and often providing other services for the guests such as restaurants, meeting rooms, and recreational facilities.  See also MOTEL, as defined in this section.
   INDUSTRIALIZED DWELLING UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient, and when installed, constitutes a dwelling unit, except for necessary preparations for its placement. Industrialized units include units commonly referred to as modular or prefabricated units, but do not include mobile homes or manufactured homes as separately defined.
   LABORATORY, MEDICAL, DENTAL, OPTICAL.  A place for gathering, sampling, handling, processing, observing, and testing human tissue, blood, and other similar items.
   LANDOWNER. The legal or beneficial owner or owners of all of the land proposed to be included in a planned unit development. The holder of an option or contract to purchase, a lessee or other person having an enforceable proprietary interest in such land, shall be deemed to be a landowner for the purposes of the Planned Unit Development Overlay District regulations.
   LOT. A parcel of land occupied or intended to be occupied by one or more dwellings in a residential district or a permitted building or use in a commercial or industrial district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this Zoning Code for the district in which the lot is situated and having its principal frontage on a public street or public right-of-way.
   LOT AREA.  The total computed horizontal area contained within the lot lines or boundary lines of a lot including any portion of a lot that may exist within a public right-of-way.
   LOT, CORNER.  A lot having two adjacent sides abutting upon two streets.
   LOT DEPTH.  The mean horizontal distance between the front and rear lot lines.
   LOT, DOUBLE FRONTAGE.  A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot.
   LOT, INTERIOR.  A lot other than a corner lot with only one frontage on a street.
   LOT (PANHANDLE).  A lot whose frontage on a public street is through a narrow strip of land which is generally wide enough to accommodate a driveway but too narrow to accommodate any structures. This narrow strip of land is referred to as the panhandle and the balance of the lot is referred to as the body. These lots are also referred to as "flag" lots.
   LOT OF RECORD.  A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Hamilton County, Ohio.
   LOT WIDTH.  The distance between side lot lines measured at the front yard building line; in case of irregular shaped lots, the lot shall be measured at a point midway between the front and rear lot lines.
   MANUFACTURED HOME.  A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the Manufactured Housing Construction and Safety Standards Act of 1974, and that has a permanent label or tag affixed to it certifying compliance with all applicable federal construction and safety standards.
   MANUFACTURED HOME (PERMANENTLY SITED).  A manufactured home that meets all of the following criteria: The structure is affixed to a permanent foundation and is connected to appropriate facilities:
      (1)   The structure, excluding an addition, has a total living area, excluding garages, porches, or attachments of at least 1,200 square feet;
      (2)   The structure has a minimum 5:12 residential roof pitch and a six-inch minimum eave overhang, including appropriate guttering;
      (3)   The structure was manufactured after January 1, 1995;
      (4)   The structure is not located in a manufactured home park as defined by R.C. § 3733.01.
   MAXIMUM HEIGHT.  Maximum height of a building is measured from grade to uppermost peak of the roof for any building. Receiving antennae, belfries, spires, and other ornament shall not be included when calculating height of the building.
   MAXIMUM LOT COVERAGE.  The total area of a lot that is covered by permanent buildings.
   MEDICAL COMPLEX.  A mixed-use medical based operation consisting of one or more medical or related institutional care uses situated in a campus setting.  All uses taking place within a medical complex setting shall be integrally related to a medical or institutional use.
   MEDICAL FACILITY (OUTPATIENT).  Any type of medical or surgical care performed at a medical office or similar medical facility that does not involve an overnight stay. Common examples of outpatient medical facilities are an urgent primary care facility and a group medical practice.
   MINIMUM LOT AREA.  The least amount of area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
   MINIMUM LOT WIDTH. The required minimum width of lot measured at the front setback line for a building.
   MOBILE HOME.  A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
   MODULAR HOME.  Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the state, modular homes shall be subject to the same standards as site-built homes.
   MOTEL.  A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for automobile travelers and having a parking space adjacent to a sleeping room. An automobile court or a tourist court with more than one unit or a motor lodge shall be deemed a motel.  See also HOTEL as defined in this section.
   MOTOR HOME.  See TRAVEL TRAILER as defined in this section.
   MULTI-SECTION MANUFACTURED HOME.  A factory-built home constructed to the design and specification standards of a manufactured home as set forth in 24 CFR 3280, 3282 and 3283, and 42 U.S.C. §§ 5401 et seq.
   NONCONFORMING USE.  Any building, structure, or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment or supplement thereto which does not conform to the use regulations of the district in which it is situated.
   NURSING HOME.  Any place or abode, building, institution, residence, or home used for the reception and care for a consideration of three or more persons who by reason of age or mental or physical infirmities are not capable of properly caring for themselves, or who are 65 years of age or over and for which a license, if necessary, has been issued by the Ohio Department of Public Welfare or other appropriate agency.  Patron residents of a nursing home are normally characterized by a lack of ability to leave the home without assistance from a care giver.
   NURSERY SCHOOL or DAY CARE FACILITY.  Providing care for children during daytime hours, including parent cooperative nursery schools, play groups for preschool children, afterschool care for school children, provided such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.
   OFFICE.  Office shall mean a building or portion of a building wherein services are performed involving predominantly administrative, professional and clerical operations.
   OPEN SPACE.  An area open to the sky which is or may be on the same lot with a building or structure.  This area may include landscaped areas.
   OPEN SPACE, COMMON.  A parcel or parcels of land or any area of water, or a combination of land and water, within the site designed and intended for the use or enjoyment of occupants of the planned unit development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants.
   OUTDOOR DINING.  Tables and/or chairs (including benches) and umbrellas associated with lawfully operating food service establishments and similar uses, in or on the public right-of-way or resting on, or projecting into, the sidewalk area, which are not physically or structurally attached to a building, retaining wall or fence.
   PARKING SPACE, OFF-STREET.  An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
   PARKING AREA (PUBLIC).  An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
   PERFORMANCE BOND.  An agreement by a subdivider or developer with the city for the amount of the estimated construction cost plus a contingency amount as provided for in the subdivision regulations guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
   PHARMACY.  A store where the primary business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and non-prescription medicines but where non-medical products may be sold as well.  A PHARMACY may include accessory drive-up customer service facilities located on the same parcel.
   PLANNED UNIT DEVELOPMENT (PUD).  An area of land in which a variety of uses are accommodated in a pre-planned environment under more flexible standards such, as lot sizes and setbacks, than those restrictions that would normally apply under this Zoning Code. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
   PROFESSIONAL ACTIVITIES.  The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
   PROFESSIONAL CONSULTANT.  A person who possesses the knowledge and skills, by reason of education, training and experience, to comprehend the full nature and extent of the project in question regarding its social, economic, physical, environmental and design characteristics and implications in order to foster a unified plan for development. The consultant may be, but is not necessarily required to be, a registered architect, landscape architect, engineer, planner, or equivalent.
   PUBLIC USE. Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities, including water and sewer service facilities.
   PUBLIC MUSEUM.  A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
   RAISING OF ANIMALS.  The raising of farm animals, exotic animals, or the raising of any animal for commercial purposes.  This definition does not pertain to domestic household pets.
   RECREATION AREA (PRIVATE).  A recreation area owned and maintained by the owner of a development, business concern or property owners' association for tenants, employees, co-owners or members of an association.
   RECREATION AREA (PUBLIC).  A recreation area maintained by a public authority for public use.
   RECREATION AREA (PRIVATE).  Land or facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to: roller blade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks, swimming pools, bingo parlors, lotto facilities and other businesses where the majority of business is in games of chance.
   RELIGIOUS PLACE OF WORSHIP.  An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination are held.
   RESTAURANT.  Establishments primarily engaged in the preparation and sale of food which accounts for 51% or more of the business sales and may include ancillary sale of alcoholic beverages (49% or less of total sales).
   RETAIL SALES (BUSINESS).  Any business which primarily sells goods, wares or merchandise directly to the ultimate customer for direct consumption and not for resale.
   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.
   ROADSIDE STAND.  A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and is stored back of the building line on the property at the conclusion of the seasonal sales.
   ROOF LINE.  The uppermost line or point of the facade or parapet of a flat roof structure, or the lower edge of an eve, gable or rake of a sloped roof structure.
   SATELLITE DISH.  A signal-receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
   SIGN.  A sign is defined as any display that evokes a messages including but not limited to any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, whether permanent or temporary, which is affixed to, painted on, represented directly or indirectly upon, or projected onto a building, structure, lot, or other device, whether mobile or affixed to the ground, and which directs attention to any object, product, place, activity, person, institution, organization, or business. A sign may consist of wording, logos or images. This definition includes all signs visible from any public right-of-way or adjacent property, including interior signs oriented towards the exterior facade of any building or structure as well as back-lighted translucent panels or strip lighting affixed to any wall or roof where any such panels or lighting serves to identify and attract attention rather than illuminate space for human activity. See the complete sign code definition list found in § 153.242.
   STORY.  That part of a building included between any floor and the floor or roof next above; provided that for any purpose of regulating the dimensions of yards and courts when the average story height of any building exceeds 12 feet, each 12 feet or fraction thereof of total building height shall be considered a separate story, except the first story, which may be 15 feet high. A mezzanine story shall be deemed a full story where it covers more than 50% of the area of the story next below. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
   STREET.  All property dedicated or intended for public or private use for passage or travel of motor vehicles.
   STRUCTURE.  Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, roadside stands, monuments, statues, flagpoles, and signs.
   STRUCTURAL ALTERATION.  Any change in the structural members of a building, such as walls, columns, beams, or girders.
   SUBDIVISION.  The division of any parcel of land shown as a unit, part of a unit or a contiguous unit on the last preceding transfer of ownership thereof.
      (1)   MAJOR SUBDIVISION.  The improvement of five or more new parcels from the original parcel of land for residential use or the improvement of one or more parcels of land for commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or leaseholders or as easements, or for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities.
      (2)   MINOR SUBDIVISION.  The division of one property into four or less residential parcels, sites or lots, any one of which is less than five acres in area, for the purpose, whether immediate or future, of transfer of ownership. A minor subdivision shall also mean the division or partition of land into no more than four parcels where no new streets or roads are involved; the division of land for agricultural purposes where the resulting parcels are more than five acres or larger in size; the division of property by testamentary or interstate provisions; or the division of property upon court order.
   SWIMMING POOL (PRIVATE RESIDENTIAL).  A body of water, created by artificial means designed or used for swimming or other immersion purposes, any portion of which is one-half foot deep or more.  It includes a fish pond, wading pool, hot tub, or spa.
   SWIMMING POOL (PORTABLE).  Swimming pools that are only capable of holding 18 inches or one and one-half foot of water or less, at the deepest point, and are nine feet or less in water surface diameter at the widest point, or less than 65 square feet in surface area.
   TATTOO PARLOR or BODY PIERCING ESTABLISHMENT.  An establishment or facility engaged in the method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. This definition also includes body piercing or other related body art activities commonly associated with tattooing parlors.
   TRAVEL TRAILER or TRAILER.  A vehicle, whether or not it is pulled by another vehicle, used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
   TREE LAWN.  That portion of a public right-of-way lying between the back face of the curb and the leading edge of the sidewalk and/or the back edge of the right-of-way, if no sidewalk is installed.
   USE.  The specific purposes for which a building or land is designated, arranged, intended, or maintained.  In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity, or operation carried on in a building or on premises or the name of a building, place, or thing which name indicates the use or intended use.
   VEHICLE (MOTOR).  Motor vehicle means and includes automobiles, motorcycles, trucks, tractors, trailers, semi-trailers, airplanes, buses and farm implements, whether semi-propelled or designed to be pulled, pushed or carried by another motor vehicle.
   VEHICLE (RECREATIONAL).  Recreational vehicle shall be defined as any of the following: any privately owned boat, boat trailer, folding tent trailer, personal water craft, motorized home, pick-up camper, snowmobile, travel trailer, a three or four wheel all terrain vehicle or other similar equipment.
   VARIANCE.  A modification of the strict terms of the relevant regulations of this Zoning Code where such modification will not be contrary to the public interest. A variance is also a modification of regulations where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship. Variances can only be granted by the Board of Zoning Appeals or by the Planning Commission as expressly granted under the Subdivision Regulations provisions.
   WAREHOUSE.  A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment containing no on-site retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. This term also includes wholesale and distribution related establishments.
   WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. A structure in which electronic receiving and relay equipment for a wireless telecommunications facility is housed.
   WIRELESS TELECOMMUNICATIONS FACILITY.  A facility consisting of the equipment and structures involved in receiving or relaying telecommunications or radio signals from a mobile radio communication source and transmitting those signals to a central switching computer which connects the mobile unit with land-based telephone lines.
   WIRELESS TELECOMMUNICATIONS TOWER.  A structure intended to support equipment used to transmit, relay, and/or receive telecommunications signals, including but not limited to monopolies, guyed, and lattice construction steel structures.
   YARD.  Any open space located on the same lot with a building, unoccupied and unobstructed from the ground up, except for accessory buildings or such projections as are expressly permitted in these regulations. The minimum depth or width of a yard shall consist of the horizontal distance between the lot line and the nearest point of the foundation wall of the main building.
   YARD REQUIREMENT.  The open space between a lot line and the building area within which no structure shall be located except as provided in the Zoning Code.
   YARD SETBACKS.  The required minimum horizontal distance between the building line and the related front, side, or rear property line.
   ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot line if the building is intended to be owned by two separate owners on both sides of the shared wall.
   ZONING ENFORCEMENT OFFICER.  The Zoning Enforcement Officer shall administer and enforce this Zoning Code. One or more Zoning Enforcement Officers may be designated by the City Manager. The Zoning Enforcement Officer is under the supervision of the City Manager. The City Manager may serve as the Zoning Enforcement Officer. He or she may be provided with the assistance of such other persons as the City Manager may direct.
   ZONING MAP, CITY OF SILVERTON.  The zoning map for the City of Silverton showing at least the corporation limits and streets and other landmarks for reference, the property boundaries for all properties inside the city, and the zoning categories that have been adopted and are enforced for the properties contained within the city. Also referred to as the City Zoning Map.
   ZONING PERMIT.  A document issued by the Zoning Enforcement Officer authorizing the use of lots, structures, uses of land and structures, and the characteristic of the uses.
(Ord. 09-3306, passed 10-15-09; Am. Ord. 11-3336, passed 4-7-11)