1133.03 SPECIFIC TERMS.

   (a)    Terms or words used herein, unless otherwise expressly stated, shall have the following meaning:

      (1)    "AASHTO" means American Association of State Highway and Transportation Officials.

      (2)   "Abutting" means having a common border with or being separated from such a common border by a right-of-way or easement.

      (3)   "Access" means a method of vehicular or pedestrian approach, entry to or exit from property.

      (4)   "Access drive" means an asphalt or concrete paved surface, other than a public street or way, which provides vehicular access from a street or way to a lot.

      (5)   “Access drive, cross" means an access drive providing vehicular access between two (2) or more contiguous commercial or industrial sites so the driver need not enter the public street system.

      (6)   “Active play area" means an area designated and constructed for outdoor recreational amenities, as a part of improved open space and equipped with playground apparatus.

      (7)   “Addition" means any increase in the floor area of a building, structure or use, including those in which the footprint of the building, structure or use is not enlarged.

      (8)   "Administrative office" means an office establishment primarily engaged in overall management and general supervisory functions, such as executive, personnel, finance, and legal activities, performed in a single location or building for other branches or divisions of the same company or organization.

      (9)   "Administrator" means a person responsible for the daily operation of a facility or premises, or portion thereof.

      (10)   “Adult bookstore" means an establishment having more than ten (10) square feet of floor area devoted to stock in trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual activity.

      (11)   “Adult day care facility" means an establishment providing care for elderly and/or physically or mentally impaired adults in a protective setting for a period not to exceed twelve (12) hours in a twenty four (24) hour day.

      (12)   “Adult entertainment" means an establishment used for presenting motion pictures, previews, trailers, plays, shows, skits, dances, presentations or other exhibitions performed before an audience, where such are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual activity.

      (13)   “Adult family home" means a residence or facility that provides accommodations to three (3) to five (5) unrelated adults and provides supervision and personal care services to at least three (3) of those adults.

      (14)   "Adult foster home" means a residence in which accommodations and personal care services are provided to one (1) or two (2) adults who are unrelated to the owner of the residence. An adult foster home shall be considered a boarding house for the purposes of this Zoning Code.

      (15)   "Adult group home" means a residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and provides supervision and personal care services to at least three (3) of the unrelated adults.

      (16)   “Adult massage parlor" means an establishment other than the office of a licensed massage therapist, physical therapist, physician or chiropractor; the residence of a patient; or a licensed hospital, nursing home, home for the aging or other similar state licensed health care facility; where a person offers massages in exchange for consideration or in connection with the provision of another legitimate service.

      (17)   “Adult motion picture theater" means an establishment used for presenting motion picture material distinguished or characterized by an emphasis on matter depicting, describing or relating to nudity or sexual activity.

      (18)   "Adult oriented business" means an establishment other than a hotel or motel, which may or may not offer overnight accommodations to persons, and which for any form of consideration provides a place where any number of persons may congregate, associate, or consort in connection with nudity or sexual activity. Adult oriented business includes but is not limited to adult book stores, adult motion picture theaters, adult video stores, adult entertainment, bathhouses, adult massage parlors and live sex businesses.

      (19)   "Adult video store" means having more than ten (10) square feet of floor area devoted to its stock trade, videotapes, computer disks, compact discs, digital video discs or other media which are distinguished or characterized by their emphasis on matter depicting, describing or relating to nudity or sexual activity.

      (20)   “Aggrieved or affected party" means the person, firm or corporation owning, leasing, or selling property for which zoning approval is sought; any officer, department, board or agency of the City of Steubenville whose plans may be materially affected by a project for which zoning approval is sought; or any owner or lessee of property contiguous to or directly across the street from property for which zoning approval is sought.

      (21)   “Agricultural use" means an activity involving the raising of biological products for human or animal consumption or use, on land one (1) acre or more in size. This includes cropland, pasture, orchards, groves, vineyards, non-commercial greenhouses, apiarian uses, and shall include domestic livestock use.

      (22)   "Alley" means a permanent public service way which affords only a secondary means of access to abutting property and not intended for general traffic circulation.

      (23)   "All-purpose vehicle" means any self-propelled vehicle designed primarily for off-road use on more than one (1) type of terrain. This includes vehicles commonly referred to as all-terrain vehicles, all-season vehicles, mini-bikes, and trail or dirt bikes.

      (24)   "Alteration" means any change, addition or modification in construction or occupancy of land, an existing structure or use.

      (25)   “Alternative tower structure" means towers designed with alternative design structures such as clock towers, bell steeples, and similar non-traditional structures that are compatible with the surroundings and camouflage or partially conceal the presence of telecommunications towers, including antennae erected on alternative structures such as ball field light poles, electric utility poles, water towers and similar existing structures.

      (26)   "Ambulance service" see emergency medical service organization.

      (27)   "Amusement arcade" means any establishment with two (2) or more amusement machines on the premises.

      (28)   "Amusement machine" means the following:

         A.   A skill-based amusement device, such as a mechanical, video, digital or electronic device, that rewards the player or players, if at all, only with merchandise prizes or with redeemable vouchers redeemable only for merchandise prizes, provided that with respect to rewards for playing the game all of the following apply:

            1.   The wholesale value of a merchandise prize awarded as a result of the single play of a machine does not exceed ten dollars ($10.00).

            2.   Redeemable vouchers awarded for any single play of a machine are not redeemable for a merchandise prize with a wholesale value of more than ten dollars ($10.00).

            3.   Redeemable vouchers are not redeemable for a merchandise prize that has a wholesale value of more than ten dollars ($10.00) times the fewest number of single plays necessary to accrue the redeemable vouchers required to obtain that prize; and

            4.   Any redeemable vouchers or merchandise prizes are distributed at the site of the skill-based amusement device at the time of play.

         B.   A device shall not be considered a skill-based amusement device and shall be considered a slot machine if it pays cash or one (1) or more of the following apply:

            1.   The ability of a player to succeed at the game is impacted by the number or ratio of prior wins to prior losses of players playing the game.

            2.   Any reward of redeemable vouchers is not based solely on the player achieving the object of the game or the players score.

            3.   The outcome of the game, or the value of the redeemable voucher or merchandise prize awarded for winning the game, can be controlled by a source other than any player playing the game.

            4.   The success of any player is or may be determined by a chance event that cannot be altered by player actions.

            5.   The ability of any player to succeed at the game is determined by game features not visible or known to the player.

            6.   The ability of the player to succeed at the game is impacted by the exercise of a skill that no reasonable player could exercise.

         C.   All of the following apply to any device that is operated as described in part A of this definition:

            1.   As used in this definition, "game" and "play" mean one (1) event from the initial activation of the device until the results of play are determined without payment of additional consideration. An individual utilizing a device that involves a single game, play, contest, competition, or tournament may be awarded redeemable vouchers or merchandise prizes based on the results of play.

            2.   Advance play for a single game, play, contest, competition, or tournament participation may be purchased. The cost of the contest, competition, or tournament participation may be greater than a single non-contest, competition, or tournament play.

            3.   To the extent that the device is used in a contest, competition, or tournament, that contest, competition, or tournament has a defined starting and ending date and is open to participants in competition for scoring and ranking results toward the awarding of redeemable vouchers or merchandize prizes that are stated prior to the start of the contest, competition or tournament.

            4.   The mere presence of a device, such as a pin-setting, ball-releasing, or scoring mechanism, that does not contribute to or affect the outcome of the play of the game does not make the device a skill-based amusement device.

      (29)   "Animal hospital" see veterinary clinic.

      (30)   "Animal grooming service" means an establishment where animals are bathed, clipped or combed for consideration for the purpose of enhancing their aesthetic value and/or health. Animal grooming service shall not include the training or boarding of animals.

      (31)   “Animal shelter" means a facility used to board stray, homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection and humane treatment of animals.

      (32)   “Antenna" means a device used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building or structure, or to a tower.

      (33)   "Antenna, satellite dish" means a telecommunications antenna shaped like a bowl or dish used to receive wireless transmission of radio, data or video from a satellite orbiting the earth.

      (34)   "Antique shop" means an establishment involved in selling older furniture and other items dating from a prior period in history, which are still in good and useable condition, and where no exterior storage of such furniture or items takes place.

      (35)   "Apartment" means one (1) or more rooms in a building designed and intended for occupancy as a dwelling unit separate from other dwelling units or other parts of the building. This definition includes apartments in apartment buildings or garden apartments, residential hotels or efficiency apartments. Conversion apartments and garage apartments are not included in this definition.

      (36)   "Apartment, conversion" means a single-family detached dwelling which has been converted to house two (2) dwelling units.

      (37)   "Apartment, garden" means a multi-family structure two (2) or three (3) stories in height and containing one (1) story dwelling units, under single ownership.

      (38)   "Apartment, garage" means a single dwelling unit constructed above and as an integral part of a private garage located on the rear of a lot and abutting on a public street or alley with a cartway less than thirty (30) feet in width. A garage apartment is constructed on the same lot where a single-family detached dwelling is located on the front of the lot.

      (39)   "Apartment, overstore" see dwelling, overstore.

      (40)   "Apparel shop" means an establishment involved in selling clothing and clothing accessories.

      (41)   "Appliance repair" an establishment involved in repairing instruments or devices designed for a particular use, such as stoves or refrigerators that are operated by gas or electric current, where no exterior storage of such struments or devices takes place.

      (42)   “Appliance sales" means establishments involved in selling instruments or devices designed for a particular use, such as stoves or refrigerators that are operated by gas or electric current, where no exterior storage of such instruments or devices takes place.

      (43)   "Arcade game" means a coin or token operated entertainment device, such as a mechanical, electronic, video or digital device, or machine, typically installed as a principal use in video arcades or as an accessory use in businesses such as hotels, or grocery stores, and designed and intended for use primarily by children. This definition shall not include amusement devices as defined herein, but shall also include pool tables and juke boxes.

      (44)   "Architect" means a professional architect registered by the State of Ohio.

      (45)   "Architectural decoration" means an element, design, or motif, other than an architectural feature, installed, attached, painted or applied to the exterior of a building or structure for the purpose of ornamentation or artistic expression.

      (46)   “Architectural features" means cornices, eaves, gutters, downspouts, belt courses, sills, lintels, bay windows and chimneys.

      (47)   "Area, gross floor" means the sum of the gross horizontal areas of all floors, including basements, of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. The floor area of enclosed required off-street parking areas shall not be included. Floor area for outdoor display of merchandise or outdoor customer seating, whether uncovered or covered by a tent, canopy, or roof shall be included and shall mean the smallest rectangular area encompassing the display or customer seating area.

      (48)   "Area, net floor" means the gross floor area of all floors of a building, excluding those areas not directly devoted to the principal or an accessory use of the building, such as storage areas or stairwells, measured from the exterior faces of exterior walls or from the centerline of walls separating two (2) buildings.

Examples of areas to subtract from the gross floor area include stairways, storage rooms, mechanical equipment rooms, and other areas generally not accessible to the public.

      (49)   “Area, landscaped" means a portion of a site or property containing vegetation to exist after construction is completed. Some examples include natural undisturbed areas, buffer zones, landscaped islands, lawns and plantings.

      (50)   "Art gallery" means an establishment engaged in the sale, loan, or display of art books, paintings, sculpture, or other works of art.

      (51)   "Art, public" means any visual work of art, accessible to public view, on public or private property, including residential, business, industrial buildings, or apartment complexes, parks, etc. The work of art may include but need not be limited to sculptures, murals, monuments, frescoes, fountains, paintings, stained glass or ceramics.

      (52)   “Artist studio" means workspace for artisans, including individuals practicing one or more of the fine arts or skilled in an applied art or craft.

      (53)   "Assembly hall" means a meeting place at which the public or membership groups are assembled regularly or occasionally, including but not limited to, schools, churches, theaters, auditoriums, funeral homes, stadiums, and similar places of assembly.

      (54)   “Assisted living facility" see nursing home.

      (55)   "Athletic field" means an outdoor site, often requiring equipment, designed for formal athletic competition in field sports.

      (56)   "Attention attracting device" means any device or object visible from a public right-of-way which is primarily designed to attract the attention of the public to a business, institution, sign or activity through such means, including but not limited to illumination, color, size or location. Attention attracting devices or objects oftentimes incorporate illumination, which may be stationary, moving, turning, blinking (including animation) or flashing. Attention attracting devices may or may not convey a message and can include, but are not limited to, search lights, beacons, strobe lights, strings of lights, barber poles, internally illuminated translucent canopies or panels, banners, streamers, pennants, propellers and inflatable objects (including strings of balloons) or other device designed to attract attention. Approved traffic control devices are not considered to be attention attracting devices.

      (57)   "Attic" means the part of a building that is immediately below and wholly or partly within the roof framing.

      (58)   "Auction room" means an establishment or part thereof where items are sold at auction to the highest bidder.

      (59)   "Automated teller machine or ATM" means an automated device that performs that performs banking or financial functions at a location outside of or remote from the controlling financial institution. Such devices are to be considered accessory uses.

      (60)   "Automobile repair, major" means an establishment where, in addition to offering those services and repairs listed for minor automobile repair as defined herein, includes any general repair, rebuilding or reconditioning not listed under the definition of minor automobile repair; collision service including body, frame or fender straightening or repair; painting or paint shop; transmission, differential, axle, and spring repairs; major overhauling of engines requiring the removal of engine cylinder head or crankcase pan; repairs to radiators requiring the removal thereof; but not including any recapping or retreading of tires.

      (61)   "Automobile repair, minor" means an establishment where oil and greases, batteries, tires and automobile accessories are supplied and dispensed directly to the consumer at retail; and where the following minor repair services may be offered: the sale and servicing of spark plugs and batteries; tire sales and repair, but no recapping or retreading; replacement of mufflers and tail pipes, water hoses, fan belts, brake and transmission fluids, light bulbs, floor mats, seat covers, windshield wipers, grease retainers and wheel bearings; radiator cleaning and flushing; washing or polishing, not including any self-serve or automated automobile wash/detailing establishments; greasing and lubrication; installation of fuel pumps and fuel lines; minor servicing and replacement of carburetors; wiring repairs; adjustment and installation of brakes; tuning engines, but not including grinding valves, cleaning carbon, or removing the engine cylinder head or crankcase pan; and any similar minor service or repair not listed under the definition of major automobile repair as provided herein.

      (62)   “Automobile paint shop" means an establishment primarily engaged in automobile painting and refinishing.

      (63)   “Automobile rental" means the renting of passenger automobiles, noncommercial trucks, or recreational vehicles, including incidental parking/storage, wash/detailing and major/minor repair of vehicles available for rent.

      (64)   "Automobile sales" means the retail sale of new and used automobiles, noncommercial trucks, or recreational vehicles, including incidental parking/storage, wash/detailing and major/minor repair.

      (65)   "Automobile supply" means the retail sale of automotive parts and accessories.

      (66)   “Automobile tire shop" means an establishment primarily engaged in the sale, installation and repair of automotive tires, but no recapping or retreading.

      (67)   "Automobile wash/detailing" means a site used for washing, cleaning or polishing of passenger vehicles, recreational vehicles or other light duty equipment.

      (68)   "Awning" means any rigid or non-rigid material, such as fabric or flexible plastic that extends from the exterior wall of a building and is supported by a or attached to a frame.

      (69)   "Bakery" means an establishment that prepares baked goods for primarily retail sales but may have incidental wholesale, for general distribution or consumption off-site. This definition includes the incidental consumption of such baked goods on the premises.

      (70)   "Bar or tavern" means an establishment licensed by the State of Ohio to sell beer, wine or liquor to be consumed primarily on the premises.

      (71)   "Barber shop" means an establishment where the following are performed on the head neck or face: shaving of the face, and area around the ears or neckline; cutting or styling of hair; facials, skin care or scalp massage; shampooing, bleaching, coloring, straightening or waving hair; cutting, fitting and forming of wigs or hair pieces; or similar work.

      (72)   "Basement" means the portion of a building having at least one-half of its floor to ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of six and one-half (6.5) feet or more. A basement shall be counted as a story.

      (73)   "Bathhouse" means an establishment offering bathing or hydrotherapy facilities to the public for consideration.

      (74)   "Beacon" means any light with one (1) or more beams directed into the atmosphere or directed at one (1) or more points not on the same site as the light source; also, any light with one (1) or more beams that rotate or move.

      (75)   "Beauty salon" means an establishment where the following are performed: the sale and application of cosmetics and hair products for the purpose of skin and hair beautification; manicuring of nails including applying artificial or sculptured nails; embellishing or beautifying hair, wigs or hair pieces, including shampooing, cutting, arranging, bleaching, coloring, curling, straightening, waving, braiding, weaving, or extending hair; or similar work.

      (76)   "Bed and breakfast establishment" means a residential dwelling of special historic significance operated primarily as a business for the over-night sleeping accommodations of the automobile traveling public.

      (77)   “Bed and breakfast house" means a bed and breakfast establishment containing guest bedrooms and containing a single kitchen and dining area for use only by residents and guests on the premises.

      (78)   "Bed and breakfast inn" means a bed and breakfast house containing guest bedrooms and containing a restaurant for use by guests on the premises and the general public.

      (79)   "Bikeway" means a pathway used for bicycling, walking or other recreation.

      (80)   "Billiard or pool halls" means an establishment that provides billiard tables for customer's use.

      (81)   "Block" means a tract of land, a lot or groups of lots, bounded by streets, public parks, railroad rights-of-way, watercourses, municipal boundary lines, unsubdivided land or by any combination of the above.

      (82)   "Boarding house" means the principal residence of the owner(s) of a dwelling and their family, in which not more than two (2) unrelated persons, either individually or as one (1) or more families, are housed or lodged for compensation, with or without meals.

      (83)   "Board or Board of Zoning Appeals" means the Board of Zoning Appeals of the City of Steubenville, Ohio.

      (84)   "Boat rental" means the renting of watercraft, including incidental storage, wash/detailing and major/minor repair of watercraft available for rent.

      (85)   “Boat repair" means general repair, rebuilding or reconditioning of watercraft and watercraft engines or watercraft trailers, including wash/detailing, body work, framework, welding and painting services.

      (86)   "Boat sales" means the retail sale of new and used watercraft, including incidental storage, wash/detailing and repair.

      (87)   "Body piercing establishment" means an establishment where the piercing of any part of the body for non-medical purposes is performed by someone other than a licensed physician, including ear piercing except when the ear piercing is performed with an ear piercing gun.

      (88)   “Breezeway" means a covered passage, open on at least one (1) side, between two (2) buildings.

      (89)   "Buffer zone" means land area used to visibly separate one use from another, or to shield or block noise, light or other nuisances.

      (90)   “Builder" see developer.

      (91)   "Building" means any combination of materials forming any structure which is designed, intended or arranged for shelter, support, enclosure or protection of any use or occupancy. When separated by party walls, without openings through such walls, each portion of such a building shall be considered a separate structure.

      (92)   "Building area" means the maximum horizontal projected area of principal and accessory buildings included within surrounding exterior walls, excluding uncovered patios, decks, and courtyards.

      (93)   “Building envelope" means the area formed by the front, side and rear yard setback lines on a lot within which the principal building must be located.

      (94)   "Building footprint" means the outline of the total area of a lot covered by a building's perimeter. Where a building has a recessed ground floor, the footprint shall be construed to be the outline of the largest perimeter of the building, excluding architectural decorations or features as defined herein.

      (95)   "Building, height of" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of a flat roof, to the deck line of a mansard roof, or to the mean level between the eaves and ridges of a gable, hip or gambrel roof.

      (96)   "Building line" means a line parallel to the front, side or rear lot line set so as to provide the required yard.

      (97)   "Building setback line" means the line within a property defining the required distance between any structure and the adjacent right-of-way or property line.

      (98)   “Building site or lot" means a tract, lot or parcel of land, or any contiguous tracts, lots or parcels of land proposed to be developed, whether immediate or future.

      (99)   "Building material sales" means an establishment involved in selling lumber, and a general line of building materials and supplies, to the general public, which may include roofing, siding, shingles, wallboard, paint, cement and so forth, including incidental storage.

      (100)   "Building wall" means an exterior load bearing or non-load bearing vertical structure that encompasses the area between the final grade elevation and eaves of the building, and used to enclose the space within the building. A porch, balcony or stoop is part of the building structure and may be considered as a building wall.

      (101)   "Building, accessory" means a building that is subordinate in area, extent and purpose to the principal building, contributes to the comfort, convenience or necessity of the principal building, is customarily incidental to the principal building, and is located on the same site and in the same zoning district as the principal building.

      (102)   "Building, detached" means a building having no structural connection with another building.

      (103)   “Building, front line of" means the line of the face of the building nearest the front lot line.

      (104)   “Building, nonconforming" means a building or portion thereof, existing lawfully at the time this Zoning Code or amendments thereto take effect, which does not conform to the requirements of this Zoning Code or the regulations for the district in which it is located.

      (105)   “Building, principal" means a building in which is conducted the principal use of the lot on which said building is situated. The principal building is also sometimes referred to as the main or primary building. In residential districts, any dwelling shall be considered to be a principal building on the lot on which it is located.

      (106)   "Building, temporary" means a building or structure not having exterior walls supported in the ground by a permanent foundation. This definition includes but is not limited to tents and similar structures. A temporary building can not be used for dwelling purposes.

      (107)   “Business services" means an establishment engaged in providing services to businesses and offices such as advertising and public relations, management and consulting, employment services, data processing services, debt collection services, building security services and the like, but not including the sales, rental or repair of motor vehicles or equipment.

      (108)   "Bus shelter" means a small roofed structure erected and maintained by a motor bus company, usually having three (3) walls, located near a street and designed primarily for the protection and convenience of bus passengers.

      (109)   "Bus terminal" means a facility designed to accommodate a local or regional public bus or transit system which may include management offices, bus parking, storage or repair areas, and personal services for passengers.

      (110)   "Campus" means the grounds and buildings of a public or private college, university, school, hospital or other institution.

      (111)   "Canopy" means a permanently roofed shelter projecting over a sidewalk, driveway or access drive, entry, window, or similar area, which shelter may be wholly supported by a building or partially supported by columns, poles, or braces extending from the building or ground. Any roof overhang extending more than eighteen (18) inches from the face of a building shall be considered a canopy.

      (112)   "Caretaker's residence" means a residence located on a premises with a principal nonresidential use and occupied only by a caretaker or guard employed on the premises, and his family.

      (113)   "Carpet or rug cleaning" means a business primarily engaged in the cleaning of carpets and/or upholstery.

      (114)   “Carport" means a covered space, open on three (3) sides for the storage of one (1) or more vehicles and accessory to a principal building.

      (115)   "Cartway" means the improved surface of the street right-of-way which is available for vehicular traffic, including parking lanes but excluding curbs, shoulders or drainage swales. Where there are curbs, the cartway is that portion between the curbs.

      (116)   "Catering business" means the provision of food and accommodations for special events such as wedding receptions, banquets and parties.

      (117)   "Cemetery" means land used or intended to be used for burying the human dead and dedicated for cemetery purposes, including mausoleums and mortuaries when operated in conjunction with and within the boundaries of the cemetery.

      (118)   “Change of occupancy/use" means a discontinuation of an existing use and the substitution therefore of a use of a different kind or class.

      (119)   "Charitable, fraternal or social organization" means a facility for administrative, meeting, or social purposes for a private or nonprofit organization, primarily for use by administrative personnel, members and guests. Examples include, but are not limited to: veterans clubs, charitable foundations, service organizations, etc.

      (120)   "Child day camp" means a facility or premises where school-age children participate in supervised indoor and outdoor programs during periods when the public school district is not in session, and which operates for not more than seven (7) hours each day.

      (121)   "Child day care center" means any place where child care is provided for thirteen (13) or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care is provided for seven (7) to twelve (12) children at one time. For the purposes of this definition, any children under six (6) years of age who are related to the licensee or administrator, or employee and who are on the premises shall be counted. Child day care center does not include locations operated by a hospital where the children are receiving medical treatment.

      (122)   “Child day care home, type A" means the permanent residence of the administrator in which child care is provided for seven (7) to twelve (12) children at one time, or the permanent residence of the administrator in which child care is provided to four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. For the purposes of this definition, any children under six (6) years of age who are related to the licensee or administrator, or employee and who are on the premises shall be counted.

      (123)   "Child day care home, type B" means the permanent residence of the child care provider in which child care is provided for one (1) to six (6) children at one time and in which no more than three (3) children are under two (2) years of age at one time. For the purposes of this definition, any children under six (6) years of age who are related to the provider and who are on the premises shall be counted.

      (124)   “Church" means a building, other than a dwelling, used by a non-profit group or organization which is created and exists for the sole purpose of regularly conducting worship services and which may also include, as accessory uses, religious education, social and recreational activities, youth mentoring and outreach activities, and administrative offices.

      (125)   "City" means the City of Steubenville, Ohio.

      (126)   "Convent" means a building used or intended to be used as a residence for a group of nuns.

      (127)   "Customarily incidental" means a building, use or activity is easily seen to occur in connection with, is subordinate to, and clearly and customarily associated with a principal permitted building, use or activity.

      (128)   “Clear sight distance" means a line of unobstructed vision from a given point above the center line of a street, driveway or access drive to a point above the same center line. This distance is required by the driver of a vehicle, traveling at a given rate of speed, to bring the vehicle to a stop after an object on the roadway, driveway or access drive becomes visible. It includes the distance traveled during driver perception and reaction times and the vehicle braking distance, and may also be referred to as "stopping sight distance".

      (129)   "Clear sight triangle" means an area of unobstructed vision at a street, driveway or access drive intersection defined by lines of sight between points at a given distance from the intersection of street, driveway or access drive center lines.

      (130)   "Club or lodge" means an establishment providing meeting, recreational or social facilities for a private or nonprofit organization, primarily for use by members and guests.

      (131)   "College or university" means a public or private post-secondary institution for higher learning that grants associate or bachelor degrees and may also have research facilities and/or professional schools that grant master or doctoral degrees. This may also include community colleges that grant associate degrees or certificates of completion in business or technical fields.

      (132)   “Co-location or co-locating" means locating cellular telephone communication equipment for more than one (1) provider on a single public facility or telecommunications tower.

      (133)   "Commercial vehicle" means any motor vehicle designed or used to transport persons or property that meets any of the following qualifications:

         A.   Any combination of vehicles with a combined gross vehicle weight rating of 26,001 pounds or more, providing the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;

         B.   Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;

         C.   Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but is designed to transport sixteen (16) or more passengers including the driver;

         D.   Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen (16) passengers including the driver.

         E.   Is transporting hazardous materials for which placarding is required under subpart F of 49 C.F.R. part 172, as amended;

         F.   Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Motor Carrier Safety Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.

      (134)   "Commission or Planning Commission" means the Planning and Zoning Commission of the City of Steubenville, Ohio.

      (135)   “Common or useable open space" means a parcel or parcels of land or an area of water, or a combination of land and water within a development site and designed and intended for the use or enjoyment of residents of the particular development, not including street or street rights-of-way, off-street parking areas and areas set aside for public facilities. Common or useable open space shall be substantially free of structures but may contain such improvements as are in the development plan as finally approved and as are appropriate for the recreation of residents.

      (136)   “Community center" means a building used for activities that, through proximity to residents, benefit the community. Activities permitted include any combination of the following: meeting space for civic groups, clubs or organizations; space for the provision of child daycare center services; group cultural and/or recreational activities, whether self-directed or organized; space for artisans, crafters, etc., including occasional (not more than one (1) day each week) sale of such merchandise produced on the premises; and educational and/or instructional programs. Community centers may be owned and/or operated by public or private entities. Only these activities specifically listed herein are permitted.

      (137)   "Community alternative home" means a residence or facility, other than a nursing home, hospice care facility, residential care facility, or home for the aging, that provides accommodations, personal assistance, and supervision for three (3) to five (5) unrelated individuals who have acquired immunodeficiency syndrome or a condition related to acquired immunodeficiency syndrome.

      (138)   "Community garden" means a neighborhood-based garden with the primary purpose of providing space for members of the community to grow plants for beautification, education, recreation, community distribution or personal use.

      (139)   "Composting operation" means a facility or premises used for the decomposition of organic material.

      (140)   "Computerized Sweepstakes Cafes" means any establishment with two (2) or more computerized sweepstakes devices on the premises.

      (141)   "Computerized Sweepstakes Device" means any computer, machine, game or apparatus which, upon the insertion of a coin, token, access number, magnetic card, or similar object, or upon the payment of anything of value, wherein a product or service is provided, and may be operated by the public generally for use as a contest of skill, entertainment or amusement, whether or not registering a score. Machines designed for use by the Ohio Lottery Commission are not computerized sweepstakes devices for purposes of this Zoning Code.

      (142)   "Condominium" means a form of property ownership in which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit, and an undivided ownership interest with other unit owners in the common elements of the condominium property.

      (143)   “Conference center" means a facility used for service organizations, business and professional conferences, and seminars limited to accommodations for conference attendees. The accommodations can include sleeping, eating, and recreation. A conference center is not designed solely to be utilized by the general public for overnight purposes.

      (144)   "Consideration" means the payment of money or the exchange of any item of value for:

         A.   The right to enter the business premises, or any portion thereof; or

         B.   The right to remain on the business premises, or any portion thereof; or

         C.   The right to purchase any item permitting the right to enter, or remain on, the business premises, or any portion thereof; or

         D.   The right to a membership permitting the right to enter, or remain on, the business premises, or any portion thereof; or

         E.   The purchase, lease, rent, trade, use, or gift of items, materials, services or performances.

      (145)   "Construction trades" means offices including equipment and supply or material storage for businesses involved in construction activities, including but not limited to, carpenters, brick layers and masons, electricians, heating and air conditioning, locksmith, metal working, painting and siding, plumbing and pipe fitting, glass and window repair or replacement, roofing and sign making, but excluding stone crushing, concrete mixing or asphalt plants.

      (146)   "Contiguous" see abutting.

      (147)   “Contributing structure" means a property within a historic district which is at least forty (40) years of age and/or contributes to the architectural character or historical and architectural significance of a group of structures or district as determined by the Historic Landmarks Commission.

      (148)   "Convenience store" means a retail establishment with a floor area of less than three thousand (3,000) square feet offering for sale a limited line of groceries and household items intended for the convenience of the surrounding neighborhood. This term is to be distinguished from gas station mini-mart because no fuel sales are permitted on the site.

      (149)   “Co-operative or co-op" means a situation where a corporation or association is organized for the purpose of providing particular services to members of the corporation or association, without gain to the corporation or association as an entity, in which services are provided only to members of the corporation or association, and control of the corporation or association rests solely with its members.

      (150)   "Copying and printing services" see photocopying shop.

      (151)   "Council or City Council" means the governing body of the City of Steubenville, Ohio.

      (152)   "Country club" means a club with a golf course and other recreational facilities for members, their families and invited guests

      (153)   "Courtyard" means a space, open and unobstructed to the sky, located at or above grade level on a lot and bounded on three (3) or more sides by walls of a building.

      (154)   "Covenant" means a restriction on the use of land set forth in a written document or plat. The restriction runs with the land and is binding upon subsequent owners of the property.

      (155)   “Coverage" means that portion or percentage of a lot or parcel area covered by building area.

      (156)   "Cul-de-sac" means a street intersecting another street at one end and terminating at the other in a vehicular turnaround.

      (157)   "Customarily incidental" means an activity that traditionally and regularly occurs in connection with and subordinate to a principal permitted activity.

      (158)   “Curb cut" means a point of vehicular entry or exit from a public street or alley to a lot or site, regardless of whether or not the curb is actually cut.

      (159)   "Curb level" means the officially established grade of the curb in front of the mid-point of the lot.

      (160)   “Cut" means, when applied to excavation, that portion of the land surface or area from which earth material or any other material has been removed by excavation. The difference in elevation between a point on the original ground and a designated point of lower elevation on the final grade.

      (161)   "Cybercafé" means an establishment where persons can use a computer with internet access with a fee paid for a specified time period, such as per hour or per minute; or where a person can have unmetered internet access with a pass for a specified time period. A cybercafé may or may not serve as a regular café as well, with food and/or drinks being served.

      (162)   "Dance or social club" means an establishment that does not sell, serve or allow alcoholic beverages to be consumed on the premises, and where dancing or other social activities occur.

      (163)   "Dance or gymnastics studio" means a private school offering classes and curriculum primarily in dance, gymnastics, cheerleading and other similar activities which includes facilities for practicing such activities.

      (164)   “Day spa" means an establishment that offers a combination of non-medical personal services that may include hair, nail and skin care treatment or other services typically found in a beauty salon, and also the services of a massage establishment as defined in this Zoning Code, and may also include spa tubs, pools, steam rooms, saunas, tanning and other related accessory facilities and uses.

      (165)   "Deck" means an uncovered structure, directly adjacent or attached to a building which is elevated at least six (6) inches above grade.

      (166)   "Density" means the number of dwelling units situated on or to be developed on a net acre (or smaller unit) of land, which shall be calculated by taking the total gross acreage and subtracting surface water, undevelopable lands (e.g. wetlands, steep slopes) and the area in rights-of-way for streets and roads.

      (167)   "Density bonus" means the granting of the allowance of additional density in a development in exchange for the provision by the developer of other desirable amenities from a public perspective (e.g. public open spaces, plazas, art, landscaping, etc.).

      (168)   "Department store" means a retail store carrying a general line of apparel, home furnishings, floor coverings, major household appliances, and housewares. These and other merchandise lines are normally arranged in separate sections or departments with accounting on departmentalized basis, integrated under a single management.

      (169)   "Design professional" means a professional architect or professional engineer registered by the State of Ohio.

      (170)   “Develop or development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures; streets, access drives, parking and other paving; utilities, cutting or filling, grading, excavating, and the subdivision of land.

      (171)   "Developer" means any person, landowner, agent of such person or landowner, or tenant who makes or causes to be made a subdivision or development of land.

      (172)   "Development Plan" means the provisions for development of a site, including a plat of a subdivision, all covenants relating to use, location of all buildings and other structures, intensity of use or density of development, streets and parking facilities. The phrase "Provisions of the development plan" shall mean written and graphic materials referred to in this definition.

      (173)   "Development, cluster" means a development design technique that concentrates buildings in specific area on a site to allow remaining land to be used for recreation, common open space, or the preservation of historically, archeologically or environmentally sensitive features.

      (174)   "Distribution center" means a use where goods are received and/or stored for delivery to the ultimate customer or at remote locations. See warehousing and distribution.

      (175)   "Dock" means a structure adjacent to, built over, or floating upon the water and used as a mooring place for watercraft and other marine transport, fishing, swimming, and other recreational uses.

      (176)   "Domestic livestock" means animals which shall include, but not be limited to, equine species such as horses, ponies, mules, donkeys, and burros; camelids such as camels, llamas, and alpacas; suidae such as pigs, hogs, and boars; fowl species such as ostriches, emus, cassowaries, chickens, ducks, geese, turkeys, pigeons, doves, and pheasants; bovidae species such as buffalo, cows, cattle, oxen, sheep, and goats; fur animals such as fox, rabbit, mink, sable and chinchilla; and insect species such as honey bees, lady bugs and lacewings.

      (177)   “Domestic livestock use" means any activity involving the breeding, raising, caring for, or housing of domestic livestock, and the hobby/personal use of domestic livestock animals and the byproducts derived from those animals by the occupant, owner, or lessee of the lot or tract of land on which such use is located.

      (178)   “Donation collection bin" means a receptacle designed with a door, slot, or other opening that is intended to accept and store donated items; provided however, that this definition shall not include trailers where personnel are present to accept donations. Donation collection bins shall be considered accessory uses and shall not be permitted in residential zoning districts.

      (179)   "Dormitory" means a building, whether public or private, associated with a school, college or university, designed for, used and arranged with rooms providing sleeping, studying and living accommodations for students.

      (180)   "Drive through facility" means a portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. Generally, this occurs at a service window or a drive up kiosk.

      (181)   "Driveway" means a private means of vehicular access from a public or private street to a lot, parking space, garage, dwelling or other structure.

      (182)   "Driveway, common" means a driveway shared by adjacent property owners and privately owned and maintained.

      (183)   "Driving range, golf" means an area equipped with distance markers, clubs, balls, and tees for practicing golf drives and putting, and which may include a snack bar, and pro-shop, but excludes miniature golf courses and putting courses.

      (184)   “Drug store" means an establishment engaged in the retail sale of prescription drugs and patient medicines and which may carry a number of related product lines, such as cosmetics, toiletries, packaged food products, tobacco and novelty merchandise, and which may also operate a soda fountain or lunch counter.

      (185)   "Dry cleaning and laundry pick-up" means an establishment providing dry cleaning and laundry pick-up services, but where no dry cleaning and laundering are done on the premises.

      (186)   "Dry cleaning and laundry service" means an establishment providing dry cleaning and laundering services where such dry cleaning and laundering are done on the premises.

      (187)   "Dwelling" means a building designed or used exclusively for living quarters for one (1) or more families, supported by a permanent foundation or otherwise permanently attached to the land, but not including boarding or rooming houses, hotels, motels or other accommodations used for transient occupancy, and not including any tent, camper, trailer, recreational vehicle or other portable vehicle whether on or off wheels.

      (188)   "Dwelling. efficiency" means a dwelling unit in a multiple dwelling unit apartment building, providing complete dwelling facilities except a separate bedroom or bedrooms. For the purposes of this Zoning Code, an efficiency dwelling must have a kitchen, a living room which is also used as a bedroom, and a bathroom.

      (189)   "Dwelling group" means a group of two (2) or more single-family, two-family, or multi-family dwellings occupying a lot or site in single ownership and having one(1) or more yards in common.

      (190)   "Dwelling, overstore" means a dwelling unit on second or higher floors above first floor retail or office space.

      (191)   “Dwelling unit" means a single unit providing complete, independent living facilities for a single family, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

      (192)   “Dwelling, multi-family" means a building with three (3) or more dwelling units (commonly referred to as an apartment building).

      (193)   "Dwelling, front of" means the side of a dwelling where the principal means of access (the front door) to the premises is located. In the case of single-family detached dwellings and single-family semi-detached dwellings, the front of the dwelling shall face the front lot line.

      (194)   “Dwelling, single-family detached" means a building with a single dwelling unit occupying the building from ground to roof and having open space on all sides.

      (195)   "Dwelling, single-family semi-detached" means a building with a single dwelling unit occupying the building from ground to roof where one (1) side wall is a party wall in common with an adjoining dwelling unit and having open space on three (3) sides (commonly referred to as a duplex).

      (196)   "Dwelling, single-family attached" means a building with a single dwelling unit occupying the building from ground to roof where both side walls of all dwelling units except the units at the ends of the building are party walls in common with adjoining dwelling units (commonly referred to as a townhouse or rowhouse).

      (197)   "Dwelling, single-family attached quad" means a building with a single dwelling unit occupying the building from ground to roof where two (2) side walls of all dwelling units are party walls in common with adjoining dwelling units and with a total of four (4) dwelling units in the building (commonly referred to as a quadhome or a quadra-plex).

      (198)   "Dwelling, single room occupancy or SRO" see efficiency dwelling.

      (199)   "Dwelling, two-family detached" means a building with two (2) dwelling units, one above the other and having open space on all sides.

      (200)   "Earth disturbance activity" means any cutting, filling, grading, excavating or other alteration of the earth's surface where natural or man-made ground cover is removed or destroyed and which may result in or contribute to soil erosion and sediment pollution.

      (201)   "Earth material" means soil, sediment, rock, sand, gravel and organic material or residue associated with or attached to the soil.

      (202)   "Easement" means a right granted for the use of private land for certain public, semi-public or private purposes, such as utilities, drainage, access or other purposes, and also the land to which such right pertains.

      (203)   "Elevation" means a vertical distance above or below a fixed reference level; or a flat scale drawing of the front, side or rear of a building.

      (204)   "Emergency medical service organization" means an organization that uses emergency medical technicians (EMTs) or paramedics, or a combinations of EMTs and paramedics, to provide medical care and transportation to a hospital for victims of illness or injury. This definition includes, but is not limited to a commercial ambulance service or hospital that operates an ambulance service.

      (205)   “Emergency shelter" means a residential facility which provides room and board for a temporary period, protection, counseling, and pre-placement screening for abused, displaced or transient adults and/or children.

      (206)   “Employee cafeteria or dining room" means an eating establishment located within a business establishment which is restricted to employees of the business establishment and their invited guests.

      (207)   "Engineer" means a professional engineer registered by the State of Ohio.

      (208)   “Equipment rental/sales" means an establishment involved in renting tools and equipment, janitorial equipment, small furniture and appliances, such as baby beds, chairs and tables, televisions, audio equipment and so forth.

      (209)   "Establishment" means an economic unit, generally at a single physical location, where business is conducted or services or industrial operations performed.

      (210)   “Excavation" means any artificial or mechanical act by which earth material, or any other material is dug into, cut, quarried, uncovered, removed, displaced, relocated or bulldozed and includes the condition resulting therefrom.

      (211)   "Exotic animal" means rabbits, chickens (hens only), ducks, miniature pigs (potbellied pig, or Juliana pig) and miniature goats (pygmy goat or Nigerian dwarf goat). Those animals defined as dangerous wild animals and restricted snakes by the Ohio Department of Agriculture shall not be included in this definition. Exotic animals kept as pets in compliance with this Zoning Code shall not be considered domestic livestock as defined in this Code.

      (212)   "Exterior display" means the outdoor display of products, vehicles, equipment and machinery for sale or lease. Exterior display is an outdoor showroom for customers to examine and compare products.

      (213)   "Façade" means that portion of any exterior elevation of a building extending from the grade to the top of the parapet, wall or eaves and the entire width of the building elevation.

      (214)   “Façade, non-principal" means the exterior wall(s) of a building that do not face a public right-of-way, park or plaza.

      (215)   "Façade, principal" means the exterior wall(s) of a building which face a public right-of-way, park or plaza.

      (216)   "Family" means a single person, two (2) or more people who are related by blood, marriage, adoption, or foster parenting program, or not more than two (2) unrelated persons living together as a single housekeeping unit and maintaining a common household. Family shall not include occupants of a club, lodge, fraternity or sorority house, boarding or rooming house, hospital or nursing home, residential home facility, apartment building or multiple dwelling house, and hotel or motel. Not more than a one (1) family as defined herein shall be permitted to occupy an individual dwelling unit.

      (217)   "Farm supply store" means an establishment selling supplies for use in soil preparation and maintenance, the planting and harvesting of crops, the keeping and raising of farm animals, and other operations and processes pertaining to farming, including the sale, rental or repair of farm machinery and equipment.

      (218)   "Farmers market" means the offering for sale of fresh agricultural products directly to the consumer at an open air market designated by Council as a community activity.

      (219)   "Feed store" see farm supply store.

      (220)   "Fence" means an object or material generally perpendicular to the ground surface which forms a barrier and/or serves a decorative or ornamental function.

      (221)   "Fill" means any artificial or mechanical act by which earth material or any other material is placed, pushed, dumped, pulled, transported or moved to a new location above the original ground surface or on top of the stripped surface and includes the conditions resulting therefrom. The difference in elevation between a point on the original ground and a designated point of higher elevation on the final grade. The material used to make fill.

      (222)   “Financial services" means an establishment primarily engaged in providing financial and banking services. Typical uses include banks, savings and loan institutions, stock and bond brokers, loan and lending activities, financial planners and similar services.

      (223)   "Fitness club" see health/sports club.

      (224)   “Flag" means any fabric or bunting containing distinctive colors, patterns or symbols, used as a symbol of a government, political subdivision, corporation, lodge, fraternity or sorority, political party, nonprofit organization, charity, club, association or other entity.

      (225)   "Flag, business" means a flag displaying the name, insignia, emblem, or logo of a profit making entity.

      (226)   "Flag, public" means a flag displaying the name, insignia, emblem, or logo of any nation, state, municipality, or noncommercial organization.

      (227)   "Flea market" means an occasional or periodic market held in an open area or structure where goods are offered for sale to the general public by individual sellers from open or semi-open facilities or temporary structures.

      (228)   "Floor area ratio" means the gross floor area of all principal and accessory buildings or structures on a lot divided by the area of the lot. The ratio is an expression of the intensity of development. For example, a floor area ratio of 1.0 would mean there was one (1) square foot of building area for each square foot of lot area; a floor area ratio of 4.0 would mean there was four (4) square foot of building area for each square foot of lot area.

      (229)   "Florist or plant shop" means an establishment that sells flowers, plants and related accessories with the storage of merchandise primarily within an enclosed building.

      (230)   "Fortune tellers, psychics or astrologers" means an establishment where personal services are offered to individuals based on the spiritual arts, not including classes or seminars for groups.

      (231)   “Fraternity house" see rooming house.

      (232)   "Freeway or expressway" means a street which is designed and intended to carry large volumes of high speed traffic, and is used primarily to connect communities.

      (233)   "Frontage" means the boundary of a lot fronting on a public street; the front lot line.

      (234)   “Funeral home" means a building or part thereof used for human funeral services, which may contain space and facilities for embalming and the performance of other services used in the preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; the storage of funeral vehicles; and facilities for cremation.

      (235)   "Furniture rental or sales" means establishments where furniture is the main item offered for sale, however these places of business may also sell home furnishings, major appliances and floor coverings.

      (236)   "Garage, public" means a building or part thereof, other than a private garage, for the storage or parking of motor vehicles in which no other use is conducted, and which is available for public use.

      (237)   "Garage, private" means an accessory building for the storage or parking of four (4) or fewer motor vehicles owned by the occupants of the premises, but not commercial vehicles, where no business or home occupation activity of any kind is carried on.

      (238)   "Garage sale" means the sale of used personal or household items held on the seller's premises. This definition includes yard sales, rummage sales and estate sales.

      (239)   "Garden center or garden supply store" means an establishment that sells flowers, plants, shrubs, trees, and other natural flora and products which aid their growth and care and which may include a commercial greenhouse or the growing of plants outside on the lot.

      (240)   "Gas station mini-mart" means an establishment where gasoline, motor oil, lubricants or other minor accessories are sold directly to the consumer on the premises, in combination with the sale of items typically found in a convenience store or grocery store.

      (241)   "Gasoline service station" means an establishment used or intended to be used for the sale /dispensing of gasoline, motor oil and grease, and other vehicle fuels, including minor automobile repair services.

      (242)   “Gazebo" see pavilion.

      (243)   "Golf course" means a tract of land laid out with at least nine (9) holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse, restrooms, a driving range, a putting course and shelters as accessory uses.

      (244)   "Golf course, miniature" means a theme oriented recreational facility, typically comprised of at least nine (9) putting greens, each with a cup or hole, where patrons either individually or in groups pay a fee to move in consecutive order from the first hole to the last.

      (245)   "Governmental purposes" means facilities in which services traditionally provided by local units of government, including but not limited to water, sewer, roads, parks, schools, libraries, police and fire protection services, and related administrative offices, are located.

      (246)   "Grading" means any artificial or mechanical stripping, cutting, filling, stockpiling or any combination thereof and includes the land in its cut or filled condition.

      (247)   "Grass or grasses" means species normally grown as permanent lawn grasses in Jefferson County, Ohio.

      (248)   “Greenhouse, noncommercial" means a building or structure constructed chiefly of glass, glasslike or translucent material, cloth or lath, which is devoted to the protection or cultivation of flowers or other weather sensitive plants.

      (249)   "Greenhouse, commercial" means a building or structure used for growing of plants, all or part of which are sold at retail or wholesale.

      (250)   "Green strip" means the area between the sidewalk and curb; or where there is no curb, the area between the edge of the street and sidewalk; or where there is no sidewalk, the area from the edge of the street ten (10) feet in toward the property and measured perpendicular to the property; and planted with grass and trees.

      (251)   “Grocery store" means a building used for the sale of primarily food products in a space larger than three thousand (3,000) square feet.

      (252)   “Ground cover" means any self-supporting plant species normally grown in Jefferson County, Ohio, that does not attain a mature height of more than one (1) foot, and may be used in lieu of grass only on steep slopes or banks and on inaccessible areas. Sod and grass seed shall also be considered as qualifying as ground cover.

      (253)   “Ground floor" means the floor of a building nearest the mean grade of the front of the building.

      (254)   “Group home" see Adult Group Home.

      (255)   "Group home for children" means any facility, public or private, that meets all of the following criteria: gives a maximum of ten (10) children, including the children of the operator or any staff who reside in the facility, nonsecure care and supervision twenty-four (24) hours a day for consideration, by a person or persons who are unrelated to such children by blood or marriage, or who is not the appointed guardian of such children. An individual who provides care for children from only a single family group, placed there by their parents or other relative having custody, shall not be considered a group home for children; is not certified as a foster home; and receives or cares for children for two (2) or more consecutive weeks.

      (256)   "Guest house" means a detached accessory building that provides temporary living quarters for guests and contains no kitchen or cooking facilities; is clearly subordinate and incidental to the principal residence on the same site; and is not rented or leased, whether or not for compensation, direct or indirect.

      (257)   “Gun shop" means an establishment involving the sale of guns, firearms, ammunition, etc. in accordance with state and federal laws.

      (258)   "Gymnasium" see health/sports club.

      (259)   "Hardware store" means an establishment of 30,000 or fewer square feet gross floor area, primarily engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies and cutlery. See home improvement center for establishments larger than 30,000 square feet.

      (260)   "Halfway house" means a facility licensed by the division of parole and community services of the department of rehabilitation and correction as a suitable facility for the care and treatment of adult offenders.

      (261)   "Hazardous material" means any substance that, because of its quantity, concentration, or physical or chemical characteristics, poses a significant present or potential hazard to human health and safety or to the environment if released into the workplace or the environment. The term includes, but is not limited to, hazardous substances and hazardous wastes.

      (262)   "Health/sports club" means a building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, or other customary and usual recreational activities, operated for profit or not-for-profit. The sale of sports nutrition products, non-alcoholic beverages, packaged health foods, exercise clothing, and sports magazines and other periodicals, sports videotapes, computer disks, compact discs, digital video discs or other media is permitted as an accessory use to such facilities.

      (263)   "Heavy machinery sales" means an establishment primarily engaged in marketing heavy machinery, such as road construction and maintenance machinery, mining machinery, construction machinery, industrial machinery and equipment, and so forth. This also includes the related repair of such heavy machinery offered for sale.

      (264)   "Height" see building, height of.

      (265)   "Heliport" means an area designated to be used for the landing or takeoff of helicopters including operations facilities, such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

      (266)   "Helistop or helipad" means an area designated to be used for the landing or takeoff of one (1) helicopter, the temporary parking of one (1) helicopter, and other facilities as may be required by federal and state regulations, but not including operations facilities such as maintenance, loading and unloading, storage, fueling, or terminal facilities.

      (267)   "Hobby or craft shop" means an establishment involving the sales, service and provision of facilities for various types of crafts and hobbies engaged in by individuals typically for recreation or relaxation, but not for financial gain, including but not limited to, photography; knitting or weaving; stamp, card or coin collecting; model trains, boats, cars or airplanes; home wine or beer making; and other typical home arts and crafts. This definition does not include sport and recreation activities, or hobbies that heavy machinery or motor vehicles.

      (268)   “Holiday decorations" means displays erected on a seasonal basis in observance of religious, national, or state holidays, which are temporary and contain no advertising material.

      (269)   "Home based business" see home occupation.

      (270)   "Home for the aging" means a home that provides services as a residential care facility and a nursing home, except that the home provides its services only to individuals who are dependent on the services of others by reason of both age and physical or mental impairment.

      (271)   "Home improvement center" means an establishment of more than 30,000 square feet gross floor area, engaged in the retail sale of various basic hardware lines, such as tools, builder's hardware, plumbing and electrical supplies, paint and glass, housewares and household appliances, garden supplies, lumber, and so forth.

      (272)   "Home occupation" means a use or service customarily conducted for profit solely by the inhabitants of a dwelling, provided that the use is clearly incidental and secondary to the use of the premises for dwelling purposes, the exterior appearance of the structure and premises is constructed and maintained as a residential dwelling, and no goods, products or materials are displayed or stored outside the dwelling. Home occupation shall not include any use permitted exclusively in an industrial district.

      (273)   "Hospice care facility" see nursing home.

      (274)   "Hospital" means an institution specializing in giving clinical, temporary, and emergency services of a medical or surgical nature to human patients and injured persons, and licensed by the State of Ohio to provide facilities and services in surgery, obstetrics, and general practice.

      (275)   “Hotel or motel" means one (1) or more buildings arranged and constructed for the overnight sleeping accommodation of transient guests and open to the public for consideration, but not including cooking facilities.

      (276)   "Hotel, residential" means a dwelling occupied by permanent guests which may or may not have housekeeping facilities for each room or suite of rooms. Residential hotel shall include efficiency dwelling units.

      (277)   "Household" means a family living together in a single dwelling unit with common access to, and common use of, all living and eating areas and all areas and facilities for the preparation and storage of food within the dwelling unit.

      (278)   "Hypermarket" means a large scale (minimum of 100,000 square feet) self service retail store selling food, drugs, household merchandise, clothing, and a variety of other retail goods. The store may in some cases, include ancillary commercial tenants within the principal building, such as medical offices, photography shops, snack counters, coffee shops, hair or nail salons, etc.

      (279)   "Improve or improvement" see develop or development.

      (280)   "Industrial park" means a planned, coordinated development of a tract of land designed to contain two (2) or more separate industrial buildings. Such development is planned, designed, constructed, and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design and orientation, and open space.

      (281)   “Industrial supply sales" means an establishment primarily engaged in marketing industrial supplies, such as bearings, boxes, gaskets, bottles, rubber goods, welding supplies, metal containers, and so forth.

      (282)   "Industrialized unit" means a building built in a factory that is substantially self sufficient as a unit or as a part of a greater structure, and that requires transportation to the site of intended use. This includes units installed on a site as independent units, or as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. This does not include manufactured home or mobile home as defined in this Zoning Code.

      (283)   "Industry, heavy or industrial, heavy" means a use engaged in the basic processing and manufacturing of materials, or a use engaged in storage of or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions.

      (284)   "Industry, light or industrial, light" means research and development activities, the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semi-finished products from previously prepared materials, which activities are conducted wholly within an enclosed building. Finished or semi-finished products may be only temporarily stored outdoors pending shipment.

      (285)   "Institutional use" means a school, religious institution, or other use operated by a public agency or non-profit organization.

      (286)   "Instructional studio" means an establishment offering educational instruction, having regular sessions with regularly employed instructors, but not a school as defined by the State of Ohio.

      (287)   "Internet café" see Cybercafé

      (288)   “Junk yard" see Salvage Yard.

      (289)   "Karate studio" means a private school offering classes and curriculum primarily in karate, martial arts and other forms of self-defense, which includes facilities for practicing such martial arts.

      (290)   "Kennel" means any place where two (2) or more dogs are kept for the purpose of boarding, breeding, hunting or sale.

      (291)   "Kiosk" means a small structure that stands alone, frequently located in a public concourse or common area of a mall or shopping center, for the purpose of providing information, supplying a product or service, or providing public computer access. Examples of kiosks include an attendants booth in a parking lot, a lottery booth, or an information booth or structure.

      (292)   "Laboratories" mean facilities equipped for experimental study in a science or for testing and analysis; and facilities providing opportunity for research, experimentation, observation or practice in a field of study.

      (293)   “Land development" see develop or development.

      (294)   “Landfill" see solid waste disposal facility.

      (295)   "Landowner" means the legal or beneficial owner or owners of land including the holder of an option or contract to purchase (whether or not such option or contract is subject to any conditions), a lessee, or other person having a proprietary interest in land, shall be deemed a landowner for the purposes of this Zoning Code.

      (296)   "Landscape feature" means an individual component of landscaping not including vegetation, but typically found in landscaped areas, such as a bird bath, pond, waterfall, sun dial, etc.

      (297)   "Landscaped buffer" see buffer zone.

      (298)   "Landscaping" means the bringing of the soil surface to a smooth finished grade, installing sufficient trees, shrubs, ground cover and grass to soften building lines, provide shade and generally produce a pleasing visual effect around the premises.

      (299)   “Landscaping plan" means a plan which complies with the requirements listed in the landscaping section of this Zoning Code.

      (300)   "Laundromat" means an establishment that provides washing, drying, and/or ironing machines for consideration to be used by customers on the premises.

      (301)   "Level of service" means the capacity of a roadway system to carry traffic which is determined by the number and character of traffic lanes provided, the configuration and operation of intersections, and the number and character of access points adjoining the system. In traffic engineering terms, the adequacy with which a system functions is expressed in what is known as level-of- service. Levels-of-service are indicated by letter grades ranging from A to F, with a level-of-service of C or D being considered the minimum acceptable level. At intersections, level-of-service is measured by the average amount of delay that a driver experiences while trying to pass through the intersection during peak periods. For roadway sections, this measure is determined by the number and width of lanes, the width of shoulders, and the number of hills and curves, as compared with the traffic volume the road must carry.

      (302)   “Library" means a building containing printed and pictorial material for p public use for purposes of study, reference and recreation.

      (303)   “Limousine service" see taxi service.

      (304)   "Live sex act" means any act whereby one or more persons engage in a live performance or live conduct which contains sexual activity.

      (305)   "Live sex business" means any establishment in which one or more persons may view, or may participate in a live sexual act or live sexual activity for consideration.

      (306)   "Loading dock/area" means and off-street space on the same site with a building or contiguous groups of buildings, for the temporary parking of commercial vehicles while loading or unloading merchandise or materials, and which abuts on a street or other appropriate means of access. Required off-street parking space cannot be used as loading dock/area.

      (307)   "Logo" means the graphic or pictorial presentation of a message, including but not limited to, the use of shapes, designs, decorations, emblems, trademarks, symbols or illustrations, or the superimposition of letters or numbers or any other use of graphics or images other than the sequential use of letters or numbers.

      (308)   "Lot" means a parcel of land occupied whether present or future, by a principal building or use, or group of principal buildings or uses, and accessory buildings or uses, together with such yards, open spaces, lot widths and lot area as are required by this Zoning Code. Where more than one (1) principal building is placed on a lot, each building shall be provided with the minimum lot frontage, lot area, front yard, rear yard and side yards as are required for one (1) such building on a lot in the same district.

      (309)   "Lot area" means the total area contained within the property lines of a lot, excluding space within any public right-of-way, but including the area of any easement.

      (310)   "Lot coverage" means the total area covered, measured from the outside of the exterior walls, by all principal and accessory buildings on a lot. Uncovered porches, decks, balconies and similar features that are not covered by a roof shall not be counted.

      (311)   "Lot depth" means the average horizontal distance between the front and rear lot lines.

      (312)   "Lot line" means the lines bounding a lot as defined herein.

      (313)   “Lot line, front" means the line of a property at the right-of-way of the street that affords the primary means of access to the premises. In the case of a corner lot, it is that street line designated on the subdivision plat as the front lot line; if there is no such designation on the plat, the front lot line shall be deemed to be the shortest of lot lines facing on the dedicated streets.

      (314)   "Lot line, rear" means the lot line generally opposite the front lot line. If such line is less than ten (10) feet in length, or if the lot comes to a point in the rear, the rear lot line shall be considered to be a line parallel to the front lot line, not less than ten (10) feet long, lying wholly within the lot and farthest from the front lot line.

      (315)   "Lot line, side" means a lot line other than a front or rear lot line.

      (316)   "Lot, corner" means a lot at the junction of and abutting on two (2) or more intersecting streets or at the point of an abrupt change in direction of a single street, where the interior angle is less than one hundred thirty five (135) degrees and the radius of the street line is less than one hundred (100) feet.

      (317)   “Lot, interior" means a lot other than a corner lot.

      (318)   "Lot, irregular" means a lot of such shape or configuration that technically meets the area, frontage, width, depth and yard requirements of this Zoning Code, but has unusual elongations, angles or curvilinear lines.

      (319)   "Lot of record" means a lot which has been recorded in the Office of the Recorder of Deeds of Jefferson County, Ohio.

      (320)   "Lot, nonconforming" means a lot of record prior to the enactment of this Zoning Code, which by reason of area or dimension does not conform to the requirements of the district in which it is located.

      (321)    "Lot, through or double frontage" means an interior lot having frontage on two (2) streets.

      (322)   "Lot, reverse frontage" means a lot extending between and having frontage on an arterial street and a local street, with vehicular access solely from the local street.

      (323)   "Manufactured home" means a building built in a factory 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, 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.

      (324)   "Manufactured home park" means any lot or tract of land upon which three (3) or more manufactured or mobile homes used for habitation are parked, either free of charge or for consideration, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park, but not including a tract of land used solely for manufactured or mobile home sales; and a tract of land that is subdivided into individual lots for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the City in accordance with the Subdivision Regulations.

      (325)   "Manufactured home sales" means establishments primarily engaged in the retail sale of new manufactured or mobile homes, including incidental storage.

      (326)   "Manufacturing, heavy" means the manufacturing or compounding process of raw materials. These activities or processes would necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as a part of their manufacturing process.

      (327)   "Manufacturing, light" means laboratory manufacturing, which includes operations involving the compounding of products such as perfumes, pharmaceuticals and the development and assembly of instruments and similar items; light fabrication and assembly processes, which includes the manufacture and/or packaging of clothing, jewelry, trimming decorations, computers and computer parts, and any similar item not involving the generation of noise, odor, vibration, dust or other hazards or nuisances.

      (328)   "Marquee" means a roof-like structure that cantilevers from the wall of a building over its primary entrance, that has no vertical supports other than the wall from which it cantilevers, and that provides a wall surface at least four (4) feet high, generally constructed for the purpose of containing a sign.

      (329)   "Massage" means any method of exerting pressure on, stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external soft tissue of the body with the hands, or with the aid of any mechanical or electrical apparatus or appliance.

      (330)   “Massage establishment" means an establishment where a licensed massage therapist, physical therapist, physician or chiropractor offers messages in exchange for consideration or in connection with the provision of another legitimate service.

      (331)   "Material" means any item or article, or combination of items or articles, either naturally occurring or manmade.

      (332)   "Medical office or clinic" means an establishment providing dental, medical, psychiatric, surgical and similar treatment or services exclusively on an outpatient basis, including emergency treatment and diagnostic services.

      (333)   "Mineral extraction or mining" means all or any part of the process involved in the mining of minerals by removing overburden and mining directly from the mineral deposits, open pit mining or mineral deposits naturally exposed, mining by auger method, dredging and quarrying, underground mining and surface work incidental to an underground mine.

      (334)   "Mixed use development" means a single development of more than one (1) building and use, where the different types of uses are in close proximity, planned as a unified complimentary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas, but not a mixed use dwelling.

      (335)   “Mixed use dwelling" means a building containing permitted commercial and/or office uses on the ground, first or lower floors and residential dwelling units on the upper floors above the commercial or office space. Where dwelling units are established on a floor, such floor shall be used exclusively for dwelling purposes.

      (336)   "Mobile home" means a building built in a factory that is more than thirty five (35) feet in length or, when erected on site, is three hundred twenty (320) or more square feet, is built on a permanent chassis, is transportable in one (1) or more sections, and does qualify as a manufactured home or an industrialized unit as defined in this Zoning Code.

      (337)   “Mobile home park" see manufactured home park.

      (338)   "Mobile home sales" see manufactured home sales.

      (339)   "Monastery" means a building used or intended to be used as a residence for a group of monks.

      (340)   "Motel" see hotel.

      (341)   "Motorcycle, snowmobile or all-purpose vehicle rental" means the renting or leasing of motorcycles, snowmobiles or all-purpose vehicles, including incidental storage, wash/detailing and major/minor repair of motorcycles, snowmobiles or all-purpose vehicles available for rent.

      (342)   "Motorcycle, snowmobile or all-purpose vehicle repair" means general repair, rebuilding or reconditioning of motorcycles, snowmobiles or all-purpose vehicles, including wash/detailing, body work, framework, welding and painting services.

      (343)   "Motorcycle snowmobile or all-purpose vehicle repair sales" means the retail sale of new and used motorcycles, snowmobiles or all-purpose vehicles, including incidental storage, wash/detailing and repair.

      (344)   "Motor vehicle" means any vehicle propelled or drawn by power other than muscular power.

      (345)   "Music studio" means a private school offering classes and curriculum primarily in the musical arts and other similar activities which includes facilities for practicing such musical arts.

      (346)   "Nail salon" means an establishment where the manicuring of nails including applying artificial or sculptured nails, or similar work is performed.

      (347)   "Newsstand" means a temporary structure manned by a vendor that sells newspapers, magazines and other periodicals.

      (348)   "Noncontributing structure" means a property within a historic district which is less than forty (40) years of age and/or does not contribute to the architectural character or historical and architectural significance of a group of structures or district as determined by the Historic Landmarks Commission.

      (349)   “Nonprofit organization" means any person(s), partnership, association, corporation, or other group whose activities are conducted for unselfish, civic, humanitarian motives, or for the benefit of others, and not for the gain of any private individual or group and may include, but shall not be limited to patriotic, philanthropic, social service, welfare, benevolent, educational, civic, fraternal, cultural, charitable, scientific, historical, athletic, or medical activities. A nonprofit organization must be registered as such with the Ohio Secretary of State and the Internal Revenue Service.

      (350)   “Nudity" means the showing, representation or depiction of human male or female genitals, pubic area or buttocks with less than a full, opaque covering, or of a female breast with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

      (351)   "Nursery" means an establishment for the growth, display, and/or sale of plants, shrubs, trees and materials used in indoor and outdoor planting, conducted within or outside of an enclosed building.

      (352)   "Nursing home" means a home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and of individuals who require personal care services but not skilled nursing care. Nursing home shall include an assisted living facility and hospice care facility.

      (353)   "ODOT" means Ohio Department of Transportation.

      (354)   "Occupancy" means the purpose for which a site or building, or part thereof, is used or intended to be used.

      (355)   "Office" means a room or suite of rooms or portion of a building used for the practices of a profession or for the conduct of a business that involves only the accessory sale of goods from the premises. If the goods or merchandise are sold for delivery on or from the premises, and constitutes greater than twenty (20) percent of the gross revenue from the office, then the premises shall be considered a retail store rather than an office.

      (356)   "Office building" means a building used primarily for offices that may also include accessory services for office workers such as a snack bar or employee cafeteria.

      (357)   "Office equipment repair" means an establishment involved in the repairing of office equipment such as typewriters, copying machines, computers, calculators, and so forth.

      (358)   "Office park" means a development that contains a number of separate office buildings, supporting uses and open space designed, planned, constructed, and managed on an integrated and coordinated basis, and located on one (1) or more parcels under common ownership.

      (359)   "Office supplies and equipment" means an establishment where stationary and office supplies, such as envelopes, typewriter and copier paper, file folder, pens and pencils; and equipment such as typewriters, copying machines, computers and computer accessories, office desks and chairs, file cabinets, and so forth are the main items offered for sale.

      (360)   "Oil change facility" means an establishment/operation that provides lubrication and/or checking, changing, or additions of those fluids and filters necessary to the maintenance of an automobile. It is intended that these services will be provided while customers wait, generally within a fifteen (15) to thirty (30) minute time period. Where an establishment also offers other mechanical services or repairs, then it shall be deemed either major or minor automobile repair, depending upon the services offered.

      (361)   "Open space" means unoccupied space open to the sky on the same lot with a building, not including any parking lots, the preservation of which in its present use would: conserve or enhance natural or scenic resources; promote streams or water supply; promote conservation of soils or wetlands; enhance the value to the public of neighboring parks; or enhance recreational opportunities.

      (362)   "Open space, improved" means parks, playgrounds, swimming pools, ball fields, plazas, landscaped green spaces, and other areas that are created or modified by man. Improved open space shall not include schools, community centers or other similar areas in public ownership.

      (363)   “Open space, natural" means areas of natural vegetation, water bodies or other land forms that are to be left undisturbed. Creation of a graded and surfaced walking trail through areas of natural open space shall constitute disturbance of the area in the amount of the length of the walking trail multiplied by its approximate average width. Natural open space shall not include schools, community centers or other similar areas in public ownership.

      (364)   “Operate and maintain" means to organize, design, perpetuate or control. Operate and maintain includes providing financial support by paying utilities, rent, maintenance costs or advertising costs, supervising activities or work schedules, and directing or furthering the aims of the establishment.

      (365)   “Outdoor furnace" means a wood, corn, pellet, or bio-fuel fired furnace, stove or boiler that is typically not located within a principal building for residential, commercial or industrial use.

      (366)   “Outdoor lighting plan" means a plan which complies with the requirements listed in the outdoor lighting section of this Zoning Code.

      (367)   "Outdoor storage" means the storage of any item or material for a period greater than twenty four (24) hours, including items for sale, lease, processing, and repair (including vehicles) not in an enclosed building.

      (368)   "Outdoor storage, seasonal" means the storage of items for retail sale that are, by their nature, sold during a peak season, including such items as fruits, vegetables, bedding plants, lawn and garden supplies and accessories, Christmas trees, pumpkins, and so forth. See also seasonal use.

      (369)   "Overlay district" means a zoning district that extends on top of a base zoning district and is intended to protect certain critical features and resources. Generally, overlay districts govern only development standards, the uses permitted in the underlying zoning district remain the same.

      (370)   "Parapet" means the portion of a wall which extends above the roof line.

      (371)   "Parcel" see lot.

      (372)   "Parcel delivery" means parcel or package delivery, pick-up, and storage services including related accessory uses such as delivery vehicle maintenance and storage and so forth.

      (373)   "Park" means an area that is predominantly open space, used principally for active or passive recreation, and not used for a profit making purpose. This definition includes any area designated by the City as a park.

      (374)   "Park and ride lot" means a designated parking lot where passengers park their automobiles and then car or van pool, or board public transit vehicles.

      (375)   "Parking aisle" means the clear space for either one (1) or two (2) way traffic movement or maneuvering between rows of parking stalls.

      (376)   "Parking lot" means a paved off-street public or private open area designed to be used for the temporary parking of automobiles.

      (377)   "Parking lot, commercial" means a private parking lot that is the principal stand alone use of a parcel, and whose stalls are leased to individuals.

      (378)   “Parking lot, private" means a paved off-street open area, designed to be used for the temporary parking of automobiles, whether free or for compensation, and available for private use or as an accommodation for clients or customers. Private parking lots are permitted only as an accessory use.

      (379)   "Parking space" means a paved off-street space available for the parking of one (1) automobile.

      (380)   "Parking space, handicap" means a parking space in a parking structure or parking lot meeting the requirements of this Zoning Code for handicap parking spaces, and reserved exclusively for an automobile with a handicapped license plate or displaying a handicapped placard.

      (381)   "Parking structure" means a structure designed to accommodate vehicular parking spaces that are fully or partially enclosed or located on the deck surface of a building. This definition includes deck parking and underground or under building parking areas.

      (382)   "Parking, public" means a publicly owned or operated off-street parking lot or parking structure, designed to be used for the temporary parking of automobiles, whether free or for compensation, and available for public use or as an accommodation for clients or customers.

      (383)   “Parsonage" means the permanent place of residence of the pastor or minister of a church. A parsonage may be considered an accessory use to a church if located on the same site as the church, or a single family detached dwelling unit if located on a separate site.

      (384)   “Passenger station, railroad or bus" means a facility designed to accommodate passengers who arrive and depart on commercial buses or rail which may include management offices, bus parking or storage areas, bus repair facilities, a snack bar, and personal services for passengers. This facility typically accommodates passengers traveling regionally or on an interstate basis.

      (385)   “Pasture" means open land maintained entirely in vegetative cover, free of buildings and impervious surfaces such as driveways or paved areas, and available for domestic livestock use. Bodies of water, wooded lots, corrals, and housing, breeding, or training facilities shall not be included in the definition of pasture, and the area of such spaces shall not be used to compute the area of pasture.

      (386)   "Patio" means a level, surfaced area directly adjacent to a building side or rear walls at or within three (3) feet of the finished grade, without walls or a roof, within thirty (30) inches of finished grade.

      (387)   "Paved" means having a hard all-weather asphalt or concrete driving surface, or with the approval of the City Engineer, a paving brick surface. A graded or ungraded natural surface, one covered with rolled stone, or overlaid with loose gravel is not considered paved.

      (388)   "Pavilion" means a freestanding roofed structure generally for recreation or leisure use.

      (389)   "Pawnshop" means a business that loans money on deposit of personal property or deals in the purchase or possession of personal property on condition of selling the same back again to the pledger or depositor, or loans or advances money on personal property by taking chattel mortgage security thereon, and takes or receives such personal property.

      (390)   "Pennant" means any light weight plastic, fabric or other material, whether or not containing a message of any kind, which is suspended from a rope, wire, string or pole, usually in series, and which is designed to move in the wind.

      (391)   "Pergola" means an open framework, usually over a walkway, generally formed by a double row of posts or pillars with joists above, and sometimes covered by climbing plants. A pergola attached to or abutting a structure shall be considered a roof and therefore a part of the structure for the purposes of these regulations.

      (392)   "Person" means an individual, partnership, public or private association or corporation, firm, trust, estate, governmental entity, public utility, or any other legal entity whatsoever, which is recognized by law as the subject of rights and responsibilities.

      (393)   “Personal services" means a business which is associated with the grooming of persons or the maintenance or repair of personal wardrobe articles and accessories, and may include a barber shop, beauty salon, nail salon, day spa, dry cleaning and laundry pick-up and service, tailor shop, shoe repair, but not a body piercing establishment or tattoo parlor.

      (394)   "Personal storage facility" see self-storage units.

      (395)   “Pet grooming" means the provision of bathing, trimming and manicuring services for animals, but not including the boarding of animals, outdoor runs or kennels.

      (396)   "Pet shop" means the retail sale of small animals and the boarding of such small animals for sale, provided all activities take place entirely within an enclosed building.

      (397)   "Pet supply store" means a pet shop which in addition to the sale of small animals, also sells pet food, cages and other supplies and accessories needed to house, feed and care for such small animals.

      (398)   “Pharmacy" see drug store.

      (399)   "Photocopying shop" means an establishment that provides document reproduction services, on a self-serve or full service basis. This establishment is sometimes also referred to as a quick print shop.

      (400)   “Photography studio" means an establishment where photographs or portraits are taken for consideration by a professional photographer.

      (401)   "Photo shop" means an establishment providing film processing and developing services, and may also sell or repair cameras and related equipment.

      (402)   "Physical therapy" means the treatment of an individual by a licensed massage therapist, physical therapist, physician, chiropractor or other state licensed medical practitioner, in exchange for consideration or in connection with the provision of another legitimate service, using physical measures and the use of therapeutic exercises and rehabilitative procedures, including hydrotherapy, with or without assistive devices, for the purpose of preventing, correcting, or alleviating any disability. This definition shall include occupational therapy, speech therapy and sports therapy.

      (403)   "Planned unit development" means an area of land under single ownership or control, to be developed as a single entity for a number of dwelling units, the approved development plan for which does not correspond in lot size, bulk, or type of dwelling, density, lot coverage and required open space, to the regulations established in any one (1) residential district created under the provision of this Zoning Code.

      (404)   "Plat" means the map or plan of the subdivision recorded in the plat records of Jefferson County, Ohio.

      (405)   “Plaza" means an open space that may be improved, landscaped, or paved usually surrounded by buildings or streets.

      (406)   "Plot plan" means a map and accompanying written description of the land development.

      (407)   "Porch" means a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes. If a porch is uncovered, it shall be considered to be a deck.

      (408)   "Printing/publishing, commercial" means the commercial production or reproduction of books, magazines, newspapers, pamphlets, posters and the like, either for distribution or sale, or under contract to a client.

      (409)   "Professional services" means an establishment engaged in providing professional services such as consulting, accounting, legal, engineering or architecture, surveyor, medical or dental and the like, but not including personal services.

      (410)   "Property line" see lot line.

      (411)   "Putting course, golf" means a course designed through surface contours and multiple hole locations to simulate a variety of putting situations that might be found on a golf course.

      (412)   "Radio and television station" means a commercial establishment involving the operation of radio or television sending and/or receiving devices for general “over-the-air" distribution to the public.

      (413)   "Recording or sound studio" means an establishment which provides facilities for recording, rehearsing, mixing or any other sound reproduction.

      (414)   "Recreation facility, commercial indoor" means a privately owned commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities wholly within an enclosed building. Examples of such uses include but are not limited to health, sports or fitness clubs, indoor play areas, bowling alleys, shooting ranges and skating rinks.

      (415)   “Recreation facility, commercial outdoor" means a privately owned commercial establishment designed and equipped for the conduct of sports, leisure activities and other recreational activities wholly or partially outside of any building or structure. Examples of such uses include but are not limited to swimming pools, golf driving ranges, miniature golf courses, amusement parks, drive-in theaters, racetracks, skateboard facilities and go-cart tracks.

      (416)   "Recreational vehicle" means a vehicle which is: (1) built on a single chassis; (2) four hundred (400) square feet or less when measured at the largest horizontal projection; (3) designed to be self-propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel or seasonal use.

      (417)   "Recreational vehicle rental" means the renting of recreational vehicles, including incidental storage, wash/detailing and major/minor repair of recreational vehicles available for rent.

      (418)   “Recreational vehicle repair" means general repair, rebuilding or reconditioning of recreational vehicles, including wash/detailing, body work, framework, welding and painting services.

      (419)   "Recreational vehicle sales" means the retail sale of new and used recreational vehicles, including incidental storage, wash/detailing and repair.

      (420)   "Recyclable collection center" means a facility for the collection, separation, compaction, processing and temporary storage recyclable materials until it can be transported or transferred to another facility for the recycling of such materials, but not including a transfer facility or solid waste disposal facility.

      (421)   "Recycling collection point" means an accessory use, structure, enclosed area or trailer, generally owned and/or operated by a governmental entity, which serves as a neighborhood or regional drop-off point for the temporary collection and storage of recyclable materials, but not solid wastes.

      (422)   "Repair or maintenance" means an activity that restores the character, scope, size or design of a serviceable area, structure or use to its previously lawfully existing, authorized, and undamaged condition.

      (423)   "Repair, small engine" means the repair or refurbishment of small engines and motors, such as those from chain saws, lawn mowers, snow blowers or leaf blowers, excluding vehicle engines or motors.

      (424)   "Repair, truck" means major and/or minor automobile repair as it applies to trucks and other commercial vehicles, instead of automobiles.

      (425)   “Research and development center" means research, development and testing laboratories that do not involve the mass manufacture, fabrication, processing, sale of products, or, a structure or complex of structures designed or used primarily for research development functions related to industry and similar fields of endeavor.

      (426)   "Residential home facility" means group homes for children, adult group homes, homes for the aging, residential care facilities and residential treatment centers.

      (427)   "Residential care facility" means a home or facility that provides: accommodations for seventeen (17) or more unrelated individuals and supervision and personal care services for three (3) or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment; or accommodations for three (3) or more unrelated individuals, supervision and personal care services for at least three (3) of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and to at least one (1) of those individuals, skilled nursing care.

      (428)   "Residential treatment center" means a residence or facility that provides lodging and services for the treatment of alcoholics or persons who abuse drugs, and for the prevention of alcoholism and drug addiction.

      (429)   "Restaurant" means an establishment where food and beverages are prepared, served, and consumed by customers primarily within the principal building where such food preparation and serving takes place.

      (430)   "Restaurant, fast food" means a restaurant where most customers place orders and are served at a counter or in a motor vehicle in packages prepared to leave the premises, or able to be taken to a table or counter by the customer to be consumed. This establishment may or may not include a drive through facility.

      (431)   "Retail business or retail sales establishment" means a business having its primary function the supply of merchandise or wares to the end consumer. Such sales generally constitute the primary function of the business.

      (432)   "Right-of-way" means the total width of any land acquired by reservation, dedication, prescription, or condemnation for street, alley or other public or semi-public purposes, including but not limited to the area reserved for cartway, shoulders, sidewalks, drainage and easements.

      (433)   "Roadside stand" means a temporary structure not permanently affixed to the ground and is readily removable in its entirety, which is used solely for the display or sale of farm products produced on the premises upon which such roadside stand is located.

      (434)   “Rooming house" means any dwelling in which three (3) or more unrelated persons, either individually or as one (1) or more families, are housed or lodged for compensation, with or without meals. A fraternity or sorority house shall be considered a rooming house. Rooming house shall include residential hotels, but not hotels or motels.

      (435)   "Roundabout/traffic circle" means a raised island that is usually landscaped and located at the intersection of two (2) streets used to reduce traffic speeds and accidents without diverting traffic onto adjacent streets.

      (436)   "Sales or selling" means the act of providing an item, product or service in exchange for consideration. This definition shall also include lease, rent, trade or gift.

      (437)   "Salvage yard" means a facility or area used for storing, keeping, selling, dismantling, cutting, shredding, compressing or salvaging of scrap or discarded materials. Scrap or discarded materials includes, but is not limited to, appliances and machinery, vehicles not in operable condition, and used metals or building components.

      (438)   "School" means a facility offering educational instruction at one (1) or more levels from preschool through grade twelve (12), that is licensed, approved or otherwise sanctioned by the State of Ohio.

      (439)   “Scrap tire" means an unwanted or discarded tire.

      (440)   "Scrap tire collection facility" means a facility that receives and stores scrap tires from the public prior to their transportation to a storage, disposal or recovery facility; and stores all scrap tires in portable containers, the aggregate capacity of which does not exceed five thousand (5,000) cubic feet.

      (441)   "Scrap tire recovery facility" means a facility for the processing of scrap tires for the purpose of extracting or producing usable products, materials, or energy from such tires through a controlled combustion process, mechanical process, or chemical process. Scrap tire recovery facility does not include any solid and/or municipal waste incineration or landfill, tire retreading, or tire manufacturing,

      (442)   "Scrap tire storage facility" means a facility where scrap tires are stored prior to their transportation to a disposal or recovery facility.

      (443)   “Scrap yard" see Salvage Yard.

      (444)   "Screening" means a well maintained solid fence, masonry wall, evergreen hedge or other sight obscuring vegetation, at least six (6) feet in height and of a density and height necessary to conceal from the view of property owners in adjoining residences or residential zoning districts the structures and uses on the premises on which the screening is located.

      (445)   "Servant, domestic" means an adult person or persons that perform domestic duties on a full-time basis for the owner/occupant of the principal building at the premises. Domestic duties may include, but are not limited to cooking, household cleaning, laundry, lawn or garden maintenance, and child care for the owner/occupants children.

      (446)   “Servants quarters" means a detached accessory building that provides living quarters for full-time domestic servants; is clearly subordinate and incidental to the principal residence on the same site; and is not rented or leased, whether or not for compensation, direct or indirect.

      (447)   "Setback" means the distance by which any building or structure must be separated from a right-of-way line or lot line.

      (448)   "Setback, front" means the allowable distance from the street right-of-way line to the closest point of the building or projection thereof.

      (449)   "Setback, front, on corner lots" means the allowable distance from the front lot line (in the case of a corner lot, it is that street line designated on the subdivision plat as the front lot line; if there is no such designation on the plat, the front lot line shall be deemed to be the shortest of lot lines facing on the dedicated streets) to the closest point of the building or projection thereof.

      (450)   "Setback, rear" means the allowable distance from the rear lot line to the closest point of a building or projection thereof.

      (451)   "Setback, side" means the allowable distance from the side lot line to the closest point of a building or projection thereof.

      (452)   "Sexual activity" means sexual conduct or sexual contact, or both.

      (453)   "Sexual conduct" means vaginal intercourse between a male and female; anal intercourse, fellatio and cunnilingus between persons regardless of sex; masturbation, fondling or display of nudity.

      (454)   "Sexual contact" means any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region or, if such person is a female, a breast, for the purpose of sexually arousing or gratifying either person.

      (455)   "Shopping center" means a group of retail or other commercial establishments that is designed, planned and managed to function as a single unit for the site on which it is located with off-street parking provided as an integral part of the unit.

      (456)   "Shopping center, neighborhood" means a shopping center of fifty thousand (50,000) square feet or fewer of gross floor area. This type of shopping center is generally configured as an open air strip center.

      (457)   “Shopping center, community" means a shopping center of more than fifty thousand (50,000) square feet and not greater than three hundred thousand (300,000) square feet of gross floor area. This type of shopping center is generally configured as an open air strip center.

      (458)   "Shopping center, regional" means a shopping center larger than three hundred thousand (300,000) square feet of gross floor area. This type of shopping center is generally configured either as a fully enclosed mall or as an open air strip center, or as a combination thereof.

      (459)   "Shrub" means self-supporting woody deciduous or evergreen plant species which are a minimum of eighteen (18) inches in height and have a spread of twelve (12) to fifteen (15) inches at the time of planting, must reach a minimum height of thirty (30) inches within two (2) years, and are normally grown in Jefferson County, Ohio.

      (460)   "Sidewalk" means a concrete or brick paved surface which provides pedestrian access and which is usually located in or adjacent to public street or alley right- of-way.

      (461)   "Sidewalk café" means an outdoor dining area located on any public sidewalk or right-of-way that is associated with a restaurant or other eating or drinking establishment on a contiguous adjacent parcel.

      (462)   "Sidewalk sale" means a seasonal or occasional sale held during the summer months on the sidewalk along the front or side of a place of business where goods are offered for sale by the place of business to the public, typically at discount prices.

      (463)   "Sidewalk vendor stand" means any portable pushcart, trailer, motor vehicle, or similar device used for displaying, selling, storing, or transporting of items or articles for sale by a vendor.

      (464)   "Sign" means any advertising structure, display or device for visual communication located outside or visible from outside a building or attached to or painted on the wall or roof of a building, that is used for the purpose of bringing the subject thereof to the attention of the public, but not including: flags and insignias of any governmental agency or civic, charitable, religious, fraternal or similar organization; and legal notices, identification, informational or directional signs erected or required by governmental bodies.

      (465)   "Sign, abandoned" means a sign and/or its supporting structure which no longer identifies a bona fide business conducted or product sold on the premises. A sign shall be deemed abandoned when these conditions have been in existence for a period exceeding ninety (90) calendar days.

      (466)   "Sign, advertising or billboard" means a sign which directs attention to a business, product, service, activity or entertainment not necessarily conducted, sold or offered upon the premises where the sign is located.

      (467)   "Sign, animated" means a sign that has moving or animated parts, or has rotating, revolving or flashing lights, including environmentally or mechanically activated signs, but not including electronic message display signs.

      (468)   "Sign area or sign surface area" means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign surface. It does not include any supporting structural elements outside of the limits of such sign and not forming an integral part of the display. Only one (1) side of a double faced or V-type sign shall be used in computing the total sign or surface area.

      (469)   "Sign, awning" see canopy sign.

      (470)   "Sign, banner" means a temporary sign with or without characters, letters, illustrations, or ornamentations applied to cloth, paper, flexible plastic, or fabric of any kind with only such material for backing.

      (471)   "Sign, building" means any sign attached to any part of a building, as contrasted to a ground sign.

      (472)   "Sign, building marker" means a sign indicating the name of a building and/or the date and incidental information about its construction. Such sign is typically cut into a masonry surface or made of bronze or other permanent material.

      (473)   "Sign, business" means a sign which directs attention to a business, product, service, activity or entertainment sold or offered upon the premises where such sign is located. A business sign includes signs which indicate time of day, temperature or weather.

      (474)   "Sign, canopy" means a sign that is part of or attached to a structural protective cover over a door, window or outdoor service area, but not including a marquee sign.

      (475)   "Sign, changeable copy" means a sign designed so that letters or numbers attached to the sign can be periodically manually changed to indicate a different message.

      (476)    "Sign, construction" means a sign bearing the names of contractors, architects, engineers, and the like; or advertising promotions, price ranges and similar information that is placed at a construction site that has received zoning approval.

      (477)   “Sign copy" means any word, letter, number or emblem affixed to a sign surface either permanently or in removable form.

      (478)   “Sign, directional" means an on premise sign that includes information assisting in the flow of pedestrian or vehicular traffic such as "enter", "exit", and "one- way". A directional sign excludes commercial messages and logos but may include information, that has a purpose secondary to the use of the site on which it is located, such as "no parking", "entrance", "loading only", and similar information and directives. A directional sign may also include information stating the hours of operation of a business, emergency telephone numbers, credit card usage, or other information of a similar nature.

      (479)   "Sign, directory" means a ground or building sign that lists tenants or occupants of a building or project, with unit numbers, arrows or other directional information.

      (480)   "Sign, electronic message display" means a sign capable of displaying letters, numbers, words, symbols, figures or images that can be electronically or mechanically changed by remote or automatic means. Signs which indicate only time of day, temperature or weather shall not be considered electronic message display signs.

      (481)   "Sign, environmentally activated" means an animated sign motivated by wind, thermal changes or other natural environmental input, and includes spinners, pinwheels, pennant strings, and/or devices that respond to naturally occurring external motivation.

      (482)   "Sign, externally illuminated" means a sign illuminated by light directed toward or across it or by backlighting from a source not within it.

      (483)   "Sign face" means the area of a sign on which the copy is placed.

      (484)   "Sign, flashing" means a sign the illumination of which is not kept constant in intensity at all times when in use, but not including electronic message display signs or signs which indicate only time of day, temperature or weather.

      (485)   "Sign, freestanding" means a sign that is attached to, erected on, or supported by some structure (such as a post, mast, frame, or other structure) that is not itself an integral part of or attached to a building or other structure whose principal function is something other than support.

      (486)   “Sign, ground" means a sign in, upon, or attached to the ground surface, as contrasted to a building sign. Also known as a freestanding sign.

      (487)   “Sign height" means the vertical distance measured from the lowest adjacent grade to the highest point of a sign or sign structure.

      (488)   "Sign, identification" means a sign bearing the address of the premises or name of occupant on the lot where the sign is located, but containing no logo or commercial message.

      (489)   "Sign, illuminated" means a sign that is illuminated by electrical or other artificial devices.

      (490)   “Sign, indirectly illuminated" see externally illuminated sign.

      (491)   "Sign, internally illuminated" means a sign whose light source is either located in the interior of the sign so that the rays go through the sign face, or which is attached to the sign face and is perceived as a design element of the sign.

      (492)   "Sign, marquee" means a sign attached to or mounted on top of a marquee.

      (493)   "Sign, mechanically activated" means an animated sign characterized by repetitive motion and/or rotation activated by a mechanical system powered by electric motors or other mechanically induced means.

      (494)   “Sign, menu board" means an accessory sign providing items and prices associated with a drive through window.

      (495)   "Sign, monument" means a freestanding sign where the base of the sign structure is on the ground or a maximum of twelve (12) inches above the adjacent grade. The width of the top of the sign structure can be no less than ninety (90) and no more than one hundred twenty (120) percent of the width of the base.

      (496)   "Sign, nameplate" see identification sign.

      (497)   "Sign, neon" means a sign containing glass tube lighting in which a gas and phosphors are used in combination to create a colored light.

      (498)   "Sign, nonconforming" means a sign which met the requirements of the City at the time it was erected, but does not conform to the requirements of this Zoning Code.

      (499)   "Sign, off premise" see advertising sign or billboard.

      (500)   "Sign, on premise" see business sign.

      (501)   "Sign, pole" means a sign that is mounted on a freestanding pole(s) or other support so that the bottom edge of the sign face is six (6) feet or more above grade.

      (502)   "Sign, political" means a sign which directs attention to a particular candidate(s), issue(s) or campaign(s) on a ballot for a future election held under the jurisdiction of the Jefferson County Board of Elections.

      (503)   "Sign, portable" means a sign not permanently attached to the ground or to a building or structure, or a sign designed to be transported, including, but not limited to, signs designed to be transported by means of wheels; signs made as A-frames or T-frames; and balloons used as signs.

      (504)   “Sign, post and panel" means a sign consisting of one (1) or more panels which are supported between two (2) posts, and which is permanently placed in the ground.

      (505)   "Sign, projecting" means a sign attached to a building wall and extending laterally more than eighteen (18) inches from the face of such wall.

      (506)   "Sign, promotional" see temporary sign.

      (507)   "Sign, public information" means a sign erected and maintained by public officials or public agencies, or approved and authorized for use by state or local government authorities.

      (508)   "Sign, real estate" means a sign announcing the sale or rental of the property on which the sign is located.

      (509)   "Sign, sandwich board" means a sign not permanently attached to the ground or to a building or structure, and connected to or located on A-frames or T-frames.

      (510)   "Sign, shingle" means a sign suspended from and located entirely under a covered porch, covered walkway, or awning. Also known as a suspended sign.

      (511)   “Sign, special community event" means a sign advertising or announcing a special community wide event or activity conducted by, sponsored by, or on behalf of a local unit of government, a college or university, a charitable organization, or a nonprofit corporation. A special community wide event is one that occurs not more than twice in any twelve (12) month period, and seeks to attract donations, participants, or customers throughout the City.

      (512)   "Sign, suspended" means a sign that is suspended from the underside of a horizontal plane surface and supported by such surface.

      (513)   “Sign, temporary" means any sign that is used only on a temporary basis and is not permanently mounted, so that it can be used only for a designated period of time, but not including political signs.

      (514)   “Sign, traffic" means a sign indicating federal, state, or municipal regulations for motor vehicle, bicycle or pedestrian movement.

      (515)   "Sign, wall" means a sign painted on or attached to and extending not more than six (6) inches from an exterior wall in a parallel manner.

      (516)   "Sign, window" means a sign that is applied to the inside of glassed areas of a building. Such signs shall be treated as wall signs.

      (517)   "Site" see building site.

      (518)   "Site stabilization plan" means the required plan providing for the maintenance of slopes and the prevention of landslides or mass earth movement caused by or related to earth disturbance activities.

      (519)   "Skating rink" means an establishment that provides facilities for participant ice or roller skating.

      (520)   "Snack bar/snack shop" means an establishment with seating for twelve (12) or fewer customers and no drive through window, which is distinguished from a restaurant because it does not have waiter/waitress table service, and no food is cooked on the premises other than heating by as microwave oven or similar device, for consumption on the premises or take-out. Items including but not limited to donuts and other baked goods, ice cream, yogurt, and non-alcoholic beverages are considered snacks.

      (521)   "Soil erosion and sedimentation control plan" means the required plan providing for the control of sediment pollution from accelerated erosion on a development site as well as non-sediment pollution that occurs as a result of earth disturbance activities.

      (522)   “Solid waste disposal facility" means any facility or site that is used for incineration, sanitary landfilling or other methods of disposal of municipal waste, construction or demolition debris, infectious waste or hazardous waste.

      (523)   "Sorority house" see rooming house.

      (524)   "Special exception" means a use that is permitted only upon approval of the Board of Zoning Appeals. A special exception may be granted by the Board only when there is a specific provision for such special exception made in this Zoning Code, would not be contrary to the public interest, and would maintain the spirit and original intent of this Zoning Code. A special exception shall not be considered to be a nonconforming use.

      (525)   “Sporting goods store" means an establishment primarily engaged in selling sporting goods, sporting equipment and accessories.

      (526)   "Spot zoning" means a change in zoning district boundaries that violates sound principles of zoning and is characterized by the creation of an isolated zoning district on a small area of land, which is unrelated to adjacent districts.

      (527)   "Stacking lane" means an area for temporary queuing of motor vehicles.

      (528)   "Stoop or landing" means an uncovered area constructed of wood, concrete, or a synthetic look-a-like material, located between a doorway and stairs/steps or between two (2) sets of stairs/steps.

      (529)   "Storage unit, portable" means a transportable unit designed and used primarily for temporary storage of building materials, household goods, personal items or other materials, for use on a limited basis.

      (530)   "Storage unit, temporary" see portable storage unit.

      (531)   "Storage units, self" means a building or group of buildings consisting of individual self-storage units, offering the rental of space for storage of personal property for a specified period of time.

      (532)   "Storm water management plan" means the required plan providing for the control of runoff to allow precipitation falling on a given site to be absorbed or retained on site to the extent that after development, the peak rate of discharge leaving the site is not significantly different than if the site had remained undeveloped.

      (533)   "Story" means that portion of any building included between the surface of any floor and the surface of the next floor above it, or if the top story, then the space between such floor and the ceiling next above it.

      (534)   "Story, half" means a story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not over three (3) feet above the surface of the floor of such story.

      (535)   "Street" means a strip of land, including the entire right-of-way, intended for use as a means of vehicular and pedestrian circulation. Street shall include avenue, boulevard, circle, court, drive, highway, place, road and way.

      (536)   "Street, collector" means a street which is designed and intended to carry traffic from local streets to arterial streets or to major facilities or developments.

      (537)   "Street, local" means a street designed and intended to provide access to abutting properties.

      (538)   "Street, marginal access" means a street which is parallel and adjacent to an arterial or limited access street and which is intended to provide access to abutting properties.

      (539)   "Street, partial or half" means a street which is parallel to a property line having a lesser right-of-way width than required for improvement and dedication of the street.

      (540)   "Street, primary arterial means a street which is designed and intended primarily to carry through traffic and secondarily to provide access to and from such major attractors as central business districts, shopping centers, schools and hospitals, parks, major industrial areas, and similar traffic generators within the community.

      (541)   "Street, private" means a street which is not public, including but not limited to private streets maintained by private agreements, by private owners or for which no public maintenance responsibility has been established; and including all private driveway access easements or right-of-way for access.

      (542)   "Street, public" means a street which has been ordained or maintained or dedicated and accepted by the City, county, state or federal government, and open to public use.

      (543)   "Street, secondary arterial" means a street which is designed and intended to carry traffic in a manner similar to primary arterials, except that these streets serve minor attractors and carry traffic from collector streets to primary arterial streets.

      (544)   "Structural alteration" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any rebuilding of the roof or exterior walls; a change in the supportive structure of a sign such as support beams or poles, uprights or braces, cabinet supports, or any rebuilding of the supportive elements of a sign; any action that changes the height, size or shape of a sign or any action that affects the structural supports of a sign so as to prolong the life of a sign.

      (545)   "Structure" means that which is built, constructed, erected, installed or placed.

      (546)   "Structure, accessory" means a subordinate structure detached from but located on the same lot or site as a principal building. An accessory structure and its use must be clearly incidental and accessory to the use of the principal building. Accessory structures include detached garages.

      (547)   "Structure, detached" means a structure with no vertical common or party wall with another structure.

      (548)   "Structure, nonconforming" means a structure or portion thereof, existing lawfully at the time this Zoning Code or amendments thereto take effect, which does not conform to the requirements of this Zoning Code or the regulations for the district in which it is located.

      (549)   “Student cafeteria or dining room" means an eating establishment located within a school, college or university which is restricted to employees and students of the school, college or university and their invited guests.

      (550)   “Subdivision" means (a) the division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two (2) or more parcels, sites or lots, any one (1) of which is less than five (5) 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 (5) 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 (b) the improvement of one (1) or more parcels of land for residential, commercial, or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private easements 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.

      (551)   "Substance abuse treatment facility" means a facility used for the treatment alcoholics or persons who abuse drugs, and for the prevention of alcoholism and drug addiction, where no lodging is provided.

      (552)   “Supermarket" see hypermarket.

      (553)   "Surveyor" means a professional surveyor registered by the State of Ohio.

      (554)   "Swimming pool" means a pool or tub constructed either above or below grade and having a capacity of one thousand (1,000) or more gallons.

      (555)   "Tanning studio" means a business that uses artificial lighting systems to produce a tan on an individual's body. The use specifically excludes gymnasiums, athletic clubs, health clubs, and any exercise equipment.

      (556)   "Tattoo establishment" means an establishment where someone other than a licensed physician permanently places designs, letters, scrolls, figures, symbols, or other marks on or under the skin with ink or other substance resulting in alteration of the appearance of the skin.

      (557)   "Taxicab" means any motor vehicle offered for hire as a common carrier, to the general public, for the purpose of transporting passengers from place to place, as they may direct.

      (558)   "Taxi service" means a business which operates one (1) or more taxicabs on local streets.

      (559)   “Technical, trade or vocational school" means an educational establishment that provides on-site training of business, commercial, and/or trade skills.

      (560)   "Theater, drive-in" means an establishment that provides outdoor space for customers to park and sit in their motor vehicles while viewing motion pictures, including an accessory snack bar.

      (561)   “Theater, motion picture" means an establishment that provides fixed indoor seating for customers to view motion pictures, including an accessory snack bar.

      (562)   “Theater, stage" means an establishment that provides fixed indoor seating for customers to view plays, shows, skits, dances, presentations or other live exhibitions, including an accessory snack bar.

      (563)   "Thrift store" see used merchandise store.

      (564)   "Timber harvesting or logging" means the process of cutting down trees and removing logs from the forest for the primary purpose of sale or commercial processing into wood products.

      (565)   "Telecommunications facility, class I" means facilities that include but are not limited to such facilities as television antennas, amateur radio antennas, and am/fm radio reception, but not including facilities that may be utilized for cellular telephone reception.

      (566)   "Telecommunications facility, class II" means facilities that include but are not limited to such facilities as antennae and associated electronic equipment designed expressly for use by cellular telephone companies, as regulated under the Federal Telecommunications Act of 1996, that is not intended to be supported by or attached to a new telecommunications tower as defined in this Zoning Code.

      (567)   "Telecommunications facility, class III" means facilities that include but are not limited to such facilities as antennae and associated electronic equipment that is supported by or attached to a new telecommunications tower, as defined in this Zoning Code, and designed expressly for use by cellular telephone companies, as regulated under the Federal Telecommunications Act of 1996.

      (568)   "Telecommunications tower" means any structure that is designed and intended primarily for the purpose of supporting one (1) or more antennas, including self-supporting lattice towers, guy towers or monopole towers. This definition includes radio and television transmission towers, personal communications service towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. This definition does not include a structure erected solely for residential, noncommercial use, such as television antennas, satellite dishes or amateur radio antennas.

      (569)   "Terminal, truck or terminal, motor freight" means a premises used by a motor freight company which is the origin and/or destination point of goods being transported, for the purpose of storing, transferring, loading, and unloading goods.

      (570)   “Terminal, water port" means a transportation facility in which quantities of goods or container cargo are stored without undergoing any manufacturing processes, transferred to other carriers, or stored outdoors in order to transfer them to other locations.

      (571)   “Tower" see telecommunications tower.

      (572)   "Towing service" means a service for towing wrecked, illegally parked, or disabled motor vehicles or for freeing stalled automobiles.

      (573)   "Townhouse" see single-family attached dwelling.

      (574)   "Tract" see lot.

      (575)   "Traffic calming" means physical improvements installed on a street that are intended to reduce motorist speed, decrease motor vehicle volumes, and increase safety for pedestrians and bicycles.

      (576)   "Traffic circulation plan" means a plan showing how traffic for a proposed development or use will circulate on and adjacent to the site of the development or use and containing the information required by this Zoning Code.

      (577)   "Traffic impact study or TIS" means a formal analysis prepared by a traffic engineer or transportation planner, on the effect of traffic generated by a development or use on the capacity, operations, and safety of the public street and highway system, to mitigate these effects through proper location, design and construction of access to the development or use.

      (578)   “Trailer" means a unit drawn by or mounted on another vehicle used for hauling a variety of items, for temporary storage of construction materials, or for temporary office space.

      (579)   "Trailer, construction" means a trailer used for the temporary storage of construction materials or tools on a building site while construction is taking place.

      (580)   "Trailer, hauling" means a trailer used for hauling household goods, personal items, watercraft, motorcycles, snowmobiles, all-purpose vehicles or other items.

      (581)   "Trailer, office" means a trailer used as a temporary real estate sales office on a building site until a model unit can be occupied, or as a construction office while construction is taking place.

      (582)   "Transient amusement enterprise" means carnivals, circuses or other similar amusement enterprises.

      (583)   “Traveled way" means the improved surface of the street right-of-way which is available for vehicular traffic, excluding parking lanes, curbs, shoulders or drainage swales.

      (584)   "Tree" means self-supporting woody deciduous or evergreen plant species which normally grow to a minimum height of fifteen (15) feet or greater in Jefferson County, Ohio, and having a trunk which can be maintained with over six (6) feet of clear trunk. All trees shall be eight (8) feet in height and have a minimum caliper of two (2) inches measured at six (6) inches above grade at the time of planting.

      (585)   "Tree lawn" means the area between a curb and sidewalk planted with grass and/or trees.

      (586)   "Turn lane warrant analysis" means a formal analysis prepared by a traffic engineer or transportation planner used in determining if turn lanes are required due to a development or uses proposed/existing traffic volumes.

      (587)   "Uncovered area" means space open and unobstructed to the sky.

      (588)   “Upholstery/interior design service" means an establishment offering reupholstering and repair services for household or office furnishings and the sale of upholstery materials, not including motor vehicle reupholstering or repair.

      (589)   "Unnecessary hardship" means a hardship by reason of unusual shape of a lot, unusual topographic conditions, or other unusual physical conditions of a parcel of land. Unnecessary hardship shall not include personal or financial hardships or any other hardship that is self-imposed.

      (590)   "Use" means the conduct of an activity or the performance of a function or operation, on a site or in a building.

      (591)   "Use, accessory" means a use that is subordinate in area, extent and purpose to the principal use, contributes to the comfort, convenience or necessity of the principal use, is customarily incidental to the principal use, and is located on the same site and in the same zoning district as the principal use.

      (592)   "Use, business or commercial" means an establishment, facility, premises or location where sales, selling, renting or leasing of products or services takes place, including the operation and maintenance of offices, regardless of whether or not income or profit is generated from such activity. Business or commercial use shall not include public or semi-public use as defined herein.

      (593)   "Use, conditional" means a use which because of special requirements or characteristics, may be permitted in a particular zoning district only after review and approval by the Planning Commission subject to the conditions and limitations prescribed by the Commission and those specified in this Zoning Code.

      (594)   "Use, existing" means the use of land or buildings, or activity permitted or in existence prior to the adoption of this Zoning Code. If a use is non- conforming and lawfully existed prior to the adoption of this Zoning Code, the use may continue to exist as a nonconforming use subject to the nonconforming use provisions of this Zoning Code.

      (595)   "Use, institutional" see public and semi-public use.

      (596)   "Use, mixed" means a single building or site where different types of uses are in close proximity, planned as a unified complimentary whole, and functionally integrated to the use of shared vehicular and pedestrian access and parking areas.

      (597)   "Use, nonconforming" means a use of land or buildings or portions thereof, existing lawfully at the time this Zoning Code or amendments thereto take effect, which does not conform to the requirements of this Zoning Code or the regulations for the district in which it is located.

      (598)   "Use, permitted" means a use allowed within a zoning district, subject to the restrictions applicable to that zoning district and is not a conditional use.

      (599)   “Use, principal" means the primary use of a building or lot.

      (600)   "Use, prohibited" means a use not allowed within a zoning district or if applicable, within the City.

      (601)   "Use, public" means a use by an agency or department of the City, school board, county state, or federal government. This definition shall also include public utilities, and include the buildings and premises used in the operation of the public use. This definition shall not include solid waste disposal facilities.

      (602)   "Use, seasonal" means a temporary use of land or buildings that by its nature, takes place during a peak season, including such activities as the sale of fresh fruits, vegetables, bedding plants, lawn and garden supplies and accessories, Christmas trees, pumpkins, and so forth. See also seasonal outdoor storage.

      (603)   "Use, semi-public or quasi-public" means a use by a public or non-profit organization which is intended to be for the benefit of the general public. This definition also includes churches, libraries, private schools, colleges and universities, hospitals, and so forth, and the buildings and premises used in the operation of the semi-public use. This definition shall not include solid waste disposal facilities or private trade or vocational schools.

      (604)   “Use, temporary" means a use of land or buildings that is authorized by this Zoning Code to be conducted for a fixed period of time. Temporary uses are characterized by such activities as roadside stands, mobile classrooms, book mobiles, block parties, real estate offices on new development sites, model homes, fireworks displays, carnivals, circuses, fairs, festivals, and flea markets.

      (605)   "Use unprovided for" means a use not identified as a permitted, conditional or prohibited use in this Zoning Code.

      (606)   "Used merchandise store" means an establishment engaged in the retail sale of merchandise, antiques and secondhand goods, such as clothing, furniture, musical instruments, glassware and pottery, cameras, radios and so forth, where no exterior over-night storage of such merchandise or items takes place.

      (607)   “Utility" means public water supply, sanitary sewer, storm sewer, natural gas, electricity, telephone (but not cellular telephone), internet or cable television service.

      (608)   "Variance" means the permission granted by the Board of Zoning Appeals for an adjustment to some regulation which if strictly adhered to would result in an unnecessary physical hardship, where the permission granted would not be contrary to the public interest, and would maintain the spirit and original intent of this Zoning Code.

      (609)   “Vegetable garden" means a plot of ground where vegetables are cultivated. Vegetable gardens other than community gardens shall be considered an accessory use.

      (610)   "Vehicle" means any device in, upon, or by which any person or property may be transported or drawn upon a public street or highway.

      (611)   "Vested right" means the right to undertake and complete the development of land. This right is established when an application for a certificate of zoning approval and accompanying plans/documentation is approved by the Zoning Administrator and is only applicable under the terms and conditions of the approved application for a certificate of zoning approval and accompanying plans/documentation.

      (612)   "Veterinary clinic" means a facility used for the diagnostic, medical, surgical or therapeutic treatment of animals by a licensed veterinarian on an emergency or outpatient basis. Veterinary clinic shall not include the boarding or training of animals except for medical purposes, and shall not include outdoor runs or kennels.

      (613)   "Video arcade" means an establishment where the principal use of the premises is arcade games as defined herein.

      (614)   "Walk or Walkway" means a concrete or brick paved surface which provides pedestrian access and which is usually located on a building site.

      (615)   "Wall, exterior" means a vertical, structural component of a building which encloses habitable or usable space; a parapet extending not more than twelve (12) inches above a flat roof shall be considered part of the exterior wall for the purpose of determining signage.

      (616)   "Wall" means an object or material generally perpendicular to the ground surface which forms a barrier and/or serves a decorative or ornamental function.

      (617)   "Wall, retaining" means an object or material generally perpendicular to the ground surface with earth on one side for the purpose of holding such earth in place.

      (618)   “Warehouse" means an establishment characterized by extensive warehousing, frequent heavy truck activity, open storage of material, or nuisances such as dust, noise or odors, but not involved in manufacturing or production.

      (619)   "Warehousing and distribution" means establishments involved in storing, stocking or distributing of merchandise or commodities.

      (620)   “Waste transfer facility" means a facility or site that is primarily used and intended for transferring solid or municipal waste, or construction or demolition debris that was generated off the premises from the facility or site, from vehicles or containers into other vehicles or containers for transportation to a disposal facility.

      (621)   "Watercraft" means any vessel or device used or capable of being used for transportation on water, including but not limited to those operated by motor or mechanical propulsion devices, either permanently or temporarily affixed; sailboats other than sailboards; inflatable manually propelled boats required by federal law to have hull identification numbering meeting the requirements of the United States coast guard; and canoes or rowboats.

      (622)   "Watercourse" means any channel or conveyance of surface water having a defined bed and banks, whether natural or man-made, whether with permanent or intermittent flow. This definition includes but is not limited to rivers, lakes, ponds, basins, channels, creeks and streams.

      (623)   "Water garden" means a garden with a water feature such as a pond or fountain as a primary focal point. Also may be referred to as an aqua garden. A water garden shall be considered a landscape feature.

      (624)   “Wedding chapel, commercial" means an establishment which primarily provides the facilities and services for weddings in exchange for consideration. This does not include churches or similar establishments where weddings are an accessory use.

      (625)   "Wetlands" means marsh, swamp, bog or other lands containing high levels of soil moisture and related species of plant or animal life, and designated as "wetlands" by a local, county, state or federal agency charged with making such determination.

      (626)   "Wholesale establishment" means the sale of commodities to retailers or jobbers and shall include the sale of commodities for the purpose of carrying on any trade or business even if the said trade or business is the consumer or end user of the commodity.

      (627)   “Windblown device" means any banner, pennant, spinner, streamer, propeller, disc, moored blimp, gas balloon or flag (which is not of local, state, federal, corporate, nonprofit or religious origin) that is designed to inform or attract attention, whether or not such device carries a message, all or part of which is set in motion by wind, mechanical, electrical or any other means.

      (628)   "Wrecker service" see towing service.

      (629)   "Yard" means an open unoccupied space, other than a courtyard, on the same lot or site with a building or group of buildings, lying between any part of a building and the nearest lot line, and which is open to the sky. The width or depth of a yard shall be parallel to and measured at right angles to the corresponding lot line.

      (630)   “Yard, exterior" means an open unoccupied space between buildings on the same lot, or buildings accessory thereto, and the project boundary or lot line.

      (631)   “Yard, front" means an open unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the street right-of-way line and the front line of the building projected to the side lines of the lot. The depth of the front yard shall be measured between the front line of the building and the street right-of-way line. The front of the building shall not extend into the required front yard. Covered porches, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into a required front yard.

      (632)   "Yard, interior" means an open unoccupied space between buildings or buildings accessory thereto, and not a front, side yard facing a side street, or rear yard.

      (633)   "Yard, provided" means that yard area provided on a lot whether or not such yard area is required under the provisions of this Zoning Code.

      (634)   “Yard, rear" means an open unoccupied space on the same lot with a principal building, extending the full width of the lot and situated between the rear line of the lot and the rear line of the building projected to the side lines of the lot. The depth of the rear yard shall be measured between the rear line of the building and the rear lot line. The rear of the building shall not extend into the required rear yard. Covered porches, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into a required rear yard.

      (635)   "Yard, required" means that yard area on a lot which is required yard area under the provisions of this Zoning Code.

      (636)   "Yard, side" means an open unoccupied space on the same lot with a principal building, situated between the building and the side line of the lot and extending from the front yard to the rear yard. Any lot line not a rear line or a front line shall be deemed a side line. The side of the building shall not extend into the required side yards. Covered porches, whether enclosed or unenclosed, shall be considered a part of the main building and shall not project into required side yards.

      (637)   "Youth center" see child day camp.

      (638)   "Zoning Administrator" means that duly authorized employee of the City appointed to administer and enforce the provisions of this Zoning Code. The Urban Projects Director/City Planner shall be the Zoning Administrator.

      (639)   "Zoning approval, certificate of" means a document issued by the Zoning Administrator, which acknowledges that a use, building or structure either complies with all applicable provisions of this Zoning Code, is legally nonconforming, or a variance has been authorized therefrom by the Board of Zoning Appeals.

      (640)   "Zoning Code" means the zoning ordinance(s) of the City of Steubenville, Ohio, including any amendments thereto.

      (641)   "Zoning district or district" means a specifically delineated area or district within the limits of the City for which the requirements governing use, placement, spacing, size, lot dimensions, and bulk of buildings and premises are prescribed.

      (642)   “Zoning Map" means the map geographically setting forth the boundaries of zoning districts in the City which shall be a part of this Zoning Code.

         (Ord. 2016-11. Passed 4-12-16.)