§ 154.14(B) DEFINITIONS

A separate, complete dwelling unit that has its own kitchen, sleeping area, and full bathroom facilities. Accessory dwelling units may be contained within or added onto a principal dwelling, be part of an accessory building (e.g., attached to a garage), or the accessory dwelling unit may be a separate structure.

Active Parks, Playgrounds, and Athletic Fields

Any park or recreational facility that requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, and other similar outdoor facilities.

Administrative Waiver

A small modification of certain dimensional standards that may be authorized by the Zoning Administrator pursuant to § 154.03(L).

Adult Arcade

Any place to which the public is permitted or invited wherein, for consideration, electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to 5 or fewer persons per machine at any 1 time, and where the images so displayed are distinguished or characterized by the exhibition or description of "specified sexual activities" or "specified anatomical areas."

Adult Bookstore, Adult Novelty Store, or Adult Video Store

A commercial establishment which has as a significant or substantial portion of its stock-in-trade, or derives a significant or substantial portion of its revenues, or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space, to the sale or rental, for any form of consideration, of any 1 or more of the following:

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

• Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of a person or others.

An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas," and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as 1 of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities."

Adult Cabaret

A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

• Persons who appear semi-nude;

• Live performances which are characterized by "specified sexual activities" or

• Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or description of "specified sexual activities" or "specified anatomical areas."

Adult Family Homes

A residence or facility, as defined and regulated in R.C. Chapter 3722, which provides accommodations for 3 to 5 unrelated adults and provides supervision and personal care services to at least 3 of the unrelated adults.

Adult Group Homes

A residence or facility, as defined and regulated in R.C. Chapter 3722, which provides accommodations for 6 to 16 unrelated adults and provides supervision and personal care services to at least 3 of the unrelated adults.

Adult Motel

A motel, hotel, or similar commercial establishment which:

• Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the exhibition or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including, but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television;

• Offers a sleeping room for rent for a period of time less than 10 hours; or

• Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than 10 hours.

Adult Motion Picture Theater

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

Adult Theater

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

Adult Uses (Use Category)

The adult use category is comprised of uses that are of a sexual nature, intended for adults only.

Agriculture (Raising of Crops)

The principal use of land for agricultural purposes. This includes necessary buildings and structures which shall be used for agriculture, including, but not limited to, raising of crops, horticulture, floriculture, and viticulture and the necessary accessory uses for parking, treating or sorting the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.

Agriculture (Raising of Livestock)

The principal use of land for the raising and caring of livestock. This includes necessary buildings and structures which shall be used for agriculture, raising and caring for livestock and animal and poultry husbandry including necessary accessory uses for parking, treating or sorting the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.

Agriculture and Agricultural Services (Use Category)

The agriculture and agricultural support services use category is comprised of uses characterized by general active and on-going agricultural uses, activities, and related uses. An agricultural use, in general, means the use of land for the growing and/or production of field crops, livestock, aquatic, and animal products for the production of income.

Alteration

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

Amateur Radio Towers

Any transmitter, antenna, tower, or other apparatus designed for communications through amateur radio, also referred to as ham radio.

Animal Care (Use Category)

The animal care use category is comprised of uses characterized by the caring, grooming, and treatment of animals, including vet services.

Appeal

A request for review of an administrative decision made in relation to this code pursuant to § 154.03(M).

Applicant

Unless otherwise specified, an owner of a property or an agent for the owner, including, a subdivider, developer, attorney, or similar representative, who has filed an application for development review pursuant to Section 154.03: Zoning Review Procedures.

Application

The process by which the applicant submits a request for any type of development review or approval identified in Section 154.03: Zoning Review Procedures. Applications include all written documentation, verbal statements, and representations, in whatever forms and quantities as required by the city.

Arcade

A series of arches or a roof supported by piers or columns that typically extends forward from the primary façade of a building.

Figure 154.14-A: Image of an arcade along a sidewalk with related signage.

Assembly Halls and Conference Centers

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

Athletic Fields

Land that is formally used, whether improved or not, for the playing of games including, but not limited to, football fields, soccer fields, baseball diamonds, etc.

Automated Teller Machines (ATMs)

An automated device that provides bank and financial institutional customers with cash withdrawal and other financial services without the need for a bank teller.

Automotive Fuel Sales

An establishment that sells unleaded and diesel gasoline or any other fuel used for in vehicles.

Automotive Junk Yard or Salvage Center

A parcel of land on which junk is collected, stored, salvaged or sold, including automobile wrecking yards.

Automotive Repair (Heavy)

Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles.

Automotive Service Station and Parts Sales

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

Awning

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

Figure 154.14-B: Examples of traditional awnings

Banner

A sign made of flexible material that can be attached to a building or into the ground.

Bar or Tavern

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

Bed and Breakfast Establishment

A resident-managed and resident-occupied residential structure used as a lodging establishment where up to 5 rooms are rented on a nightly basis and in which breakfast is the only meal and is included as part of the basic compensation.

Billboard

A large, off-premise sign that typically exceeds the sign areas permitted in the applicable zoning district.

Board of Zoning Appeals (BZA)

The Tipp City Board of Zoning Appeals

Buffer

An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving (with limited exceptions) or portion of such land use, for the purposes of separating, screening, and softening the effects of the land use. A buffer may include a wall, fence, or berm as provided in accordance with the provisions of § 154.09(E).

Building

Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property.

Building and Lumber Yards

Any land or buildings used primarily for the storage and sale of basic building materials and lumber that may be sold to the general public or contractors.

Building Height

The vertical distance of a building or structure, measured in a manner established in § 154.04(H)(1)(f).

Building Line

A line running parallel to applicable lot line (e.g., the front building line runs parallel to the front lot line).

Building Massing

Building massing is the three-dimensional bulk and shape of a structure that includes the height, width, and depth.

Building or Structure, Detached

Any building or structure not sharing common walls with another building.

Building, Accessory

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

Building, Nonconforming

A building that lawfully occupied a lot prior to the effective date of this code, or amendments thereto, and that does not currently conform to the regulations of the applicable zoning district after the effective date of this code, or amendments thereto.

Building, Principal

The building containing the main or principal uses on the lot.

Business and Industrial Sales/Service Establishments

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

Business and Professional Offices

Establishments providing executive, management, administrative, or professional services including, but not limited to, real estate, architecture, legal, travel, employment, advertising, design, engineering, accounting, and similar uses.

Business Establishment

Any use or facility used in the operation of a legal business or commerce.

BZA

See "Board of Zoning Appeals."

Camping and Recreational Equipment

For the purpose of this chapter, camping and recreational equipment shall include the following:

• Boat and Boat Trailer. Boat and boat trailer shall include boats, floats and rafts plus the normal equipment to transport the same on the highway.

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

• Motorized Home (Motor Home). A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

• Pick-Up Camper (Motor Home). A structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.

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

Canopy

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

Figure 154.14-C: Example of a canopy and related sign

Cemeteries

Land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums, and mortuaries when operated in conjunction with and within the boundary of such cemetery. This definition shall not be construed to include the burial of animals or pets.

Certificate of Appropriateness

A certificate that is reviewed and issued by the Zoning Administrator or Restoration Board, as applicable, that documents compliance with the historic preservation standards established in this code and in the adopted design manual pursuant to § 154.03(E).

Certificate of Occupancy

A permit issued by the Zoning Administrator following Miami County's initial certificate of occupancy inspection and other reviews and inspections by responsible authorities, stating that the occupancy and use of land or a building or structure referred to therein has been approved. See § 154.03(J).

Charter

The Charter of the City of Tipp City, Ohio

Chemical Processing or Manufacturing

A business establishment involved in the manufactures of goods or products that as part of the manufacturing process, includes, manipulates, modifies, or otherwise handles noxious chemicals (gas, liquid, or solid) that may be capable of causing injury to living organisms or property by chemical reaction or contamination.

City

The City of Tipp City, Miami County, Ohio

City Council

The City Council of Tipp City, Ohio

City Manager

The City Manager of the Tipp City, Ohio

COA

See "Certificate of Appropriateness."

Colleges and Higher Educational Institutions

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

Commercial Message or Speech

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

Commercial Recreation Facilities (Indoors)

Land or facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to: roller blade rental, billiard parlors, ice skating rinks, indoor swimming pools, bingo parlors, and other similar businesses. Commercial recreation facilities shall not include "entertainment device arcades."

Commercial Recreation Facilities (Outdoors)

Land or facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to: pay-to-play athletic fields, golf courses, outdoor swimming pools, amusement parks, racetracks (animal racing only) and other similar businesses. Commercial recreation facilities shall not include "entertainment device arcades."

Community Centers

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

Community Gardens

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

Comprehensive Plan

The complete plan, or any of its parts, serving as a guide for the development of Tipp City, reviewed and adopted by the Planning Board and City Council.

Construction Dumpster

A container used for the temporary storage of rubbish or materials related to the related construction site or project.

Construction Trailer or Office

A mobile home, trailer, or similar temporary structure that is used as an office or for storage in conjunction with a construction project.

Contractor Yard

An area of open storage for materials used for construction and for construction equipment, which is not typically licensed for travel on a public highway. The materials and equipment are typically employed in the course of the contractor's business or may be available for sale or rent.

Convenience Stores

Small-scale retail stores used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers and magazines. Such use does not include automotive fuel sales or fast food service unless otherwise permitted in the applicable zoning district.

Conversion of Dwelling into Additional Dwelling Units

The conversion of a dwelling into a residential use with additional dwelling units. Typically this refers to the conversion of a single-family dwelling into a two-family or multi-family dwelling.

County

Miami County, Ohio

Cultural Institutions

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

Curb Cut

The area where a curb is level with the roadway to provide vehicular access from the roadway to an adjoining property.

Curb Lawn

A portion of a public right-of-way lying between the back face of the curb and the leading edge of the sidewalk and/or the back edge of the right-of-way, if no sidewalk is installed.

Damaged or Diseased Trees

Trees that have split trunk, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root systems that put the tree in imminent danger of falling, lean as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a stream or onto a structure.

Design Manual

The term "design manual" shall refer to the document of standards and guidelines applicable to the Old Tippecanoe City Restoration and Architectural (RA) District and adopted as a separate but related document to this code.

Detached Garages and Carports

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

Detached Storage/Utility Sheds, Gazebos, and other Similar Structures

An accessory building, other than a detached garage, that are typically used for storage of items utilized by the occupants of the dwelling or a building used for the general enjoyment of the occupants including, but not limited to, gazebos, structural trellises, playhouses, storage sheds, etc.

Development

Any manmade change to improved or unimproved land including, but not limited to, the use of the land or the construction, expansion, alteration, or demolition of buildings or other structures, mining, dredging, filing, grading, paving, or other similar activities.

Diameter at Breast Height (DBH)

Diameter-at-breast-height is used to measure the caliper of a tree trunk at the specific height of 4.5 feet above the ground.

District

A portion of the unincorporated area of the city within which certain uniform regulations and requirements govern the use of buildings and lots, the size of yards, building heights, and other man-made improvements.

Drive-In Restaurants

An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state. The products sold are usually served in containers that are either edible or made of paper, plastic, or other disposable material. Consumption of the products may be within the restaurant building, a motor vehicle that is parked on the premises, or off the premises, in a car or home or other locations as carry-out services.

Drive-Through Facility

An establishment that encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.

Dry Cleaning and Laundry Drop-Off/Pick-Up Only

An establishment where the public can drop off and pick up laundry for washing or dry cleaning where the actual washing or dry cleaning of the laundry takes place off-site.

Dwelling

A building or portion thereof used exclusively for residential purposes, including single-family, two-family, and multi-family dwellings, but not including hotels, motels, tents, recreational vehicles, cabins, or boarding or lodging houses.

Dwelling Unit

A single unit of 1 or more rooms providing complete, independent living facilities for 1 or more persons including permanent provisions for living, sleeping, eating, cooking, and sanitation but not including a tent, cabin, hotel, motel recreational vehicle, or other temporary or transient structure or facility. A dwelling unit shall not include a mobile home or recreational vehicle, camping equipment, or a manufactured home.

Dwelling, Multi-Family

A building or portion thereof design for or used exclusively for residential purposes by 3 families or housekeeping units.

Dwelling, Single-Family

A building designed for or used exclusively for residential purposes by 1 family or housekeeping unit.

Dwelling, Zero Lot Line

A dwelling unit designed for a single housekeeping unit that is situated on a site so that 1 side of the dwelling is placed on or very near a side lot line. In such case, the lot shall only have 1 side yard on the opposing side of the dwelling.

Dwellings, Two-Family

A building or portion thereof designed for or used exclusively for residential purposes by 2 families or housekeeping units.

Eating and Drinking Establishments (Use Category)

The eating and drinking establishments use category is comprised of uses characterized by the preparation and selling of food and beverages for immediate or direct on- or off-premise consumption.

Educational Institutions (K-12)

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

Educational or Informational Services

A building or portion thereof that has as its purpose the promotion, instruction, study, and production of educational topics, arts, or similar activities. Examples of this use include, but are not limited to, dance studios, tutoring services, art instruction, counseling, etc.

Electronic Message Center

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

Entertainment Device

Any mechanical, electronic, video, or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of the person, for the purpose of playing a game, viewing a video display, hearing an audio transmission, or reading entries or outcomes from any other kind of device. An "entertainment device" does not include any vending machines, juke boxes, audio books, video players, or any other device that gives anything of value where the only value given, directly or indirectly, is a video or audio transmission.

Entertainment Device Arcades

Establishments where 4 or more entertainment devices are kept for use by the general public or by persons other than the owner of the devices, where persons give anything of value to access the use of the entertainment devices or the premises, and the person may be given anything of value by the operator, whether the giving occurs on or off the premises or at the same time or a later time. Entertainment device arcades may include or be referenced to as internet cafes, cybercafes or lounges, internet sweepstakes, video sweepstakes, video gaming arcades, electronic gaming operations, or other similar establishments.

Essential Public Infrastructure

The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by public utilities, county, or other governmental agencies of streets, roads, underground, surface or overhead gas, electrical, steam, fuel or water transmission or distribution systems, collection, supply or disposal systems; including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories and the use of land in connection therewith, for the furnishing of adequate service by such utilities or governmental departments for the public health, safety and general welfare. See also the definition of "utility structure."

Established or Establishment (Sexually Oriented Businesses)

An action that means or includes any of the following:

• The opening or commencement of any sexually oriented business as a new business;

• The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

• The addition of any sexually oriented business to any other existing sexually oriented business; or

• The relocation of any sexually oriented business.

External Illumination

Illumination of a sign or structure that is affected by an artificial source of light which is not contained within the sign itself.

Extraction Activities

The extraction of sand, gravel, rock, soil or other material from the land and either the removing thereof from the site or processing the extracted materials. The only exclusion from this definition shall be removal of materials associated with construction of a building (e.g. removal of soil and rock for footings and basements), provided such removal is an approved item in the building permit.

Extraction means any artificial or mechanical act by which earth, sand, rock or any other similar material is dug into, cut, quarried, uncovered, removed, displaced, relocated or moved and shall include the conditions resulting therefrom, including but not limited to gravel pits and not including the impacts of such operation.

Façade

The exterior wall on the front, side, or rear elevation of the building regardless of whether the building side faces a street.

Façade, Front

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

Façade, Primary

For the purpose of the sign regulations, a primary façade shall be deemed a façade that faces directly onto a public street. See § 154.11(D) for the rules on measuring the primary façade. See Figure 154.14-D.

Figure 154.14-D: Illustration of the primary façade versus the secondary façades.

Façade, Secondary

For the purpose of the sign regulations, a secondary façade shall be deemed a façade that does not face directly onto a public street. See Figure 154.14-D.

Face Change

The removal or replacement of an existing surface display panel where the remaining structural frame is not altered. The changing of copy or poster on bulletin boards is not considered a face change.

Fence

An artificially constructed barrier of wood, masonry, stone, wire, metal, or other manufactured material or combination of materials erected to enclose, screen, or separate areas.

Financial Institutions

Any building, property or activity the principal use or purpose of which is the provision of financial services including, but not limited to, banks, credit unions, financial advisor services, stock brokerages, savings and loan institutions and mortgage companies. The term financial institutions shall not include a short-term loan establishment.

Flag

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

Floor Area

The sum of the gross horizontal areas of each floor of the principal building measured from the exterior faces of the exterior walls or from the centerline of common walls separating 2 buildings. The "floor area" of a building shall include all livable spaces including the basement floor area when more than one-half of the basement height is above the finished lot grade level at the front of the building; interior balconies and mezzanines; enclosed porches and floor area devoted to accessory uses. Garages shall not be included in the floor area of a structure.

Food Truck

A kitchen within a licensed and operable motor vehicle or trailer whose method of operation is: temporary, in a transient location, and involves the preparation and sale of food and/or beverages in a ready-to-consume state for consumption either on or off the premises, but not within the motor vehicle.

Foot-candle

A unit of illumination produced on a surface, all points of which are 1 foot from a uniform point source of 1 standard candle

Franchise

The same store, often built to look exactly the same, located in multiple locations across the region or country; may be called a "chain of stores."

Franchise Architecture

The term means the design and construction of buildings for which the tenants and/or uses are readily recognizable solely by the buildings architectural elevations, colors, materials, other architectural elements and/or the arrangement thereof.

Fraternal, Charitable, and Service Oriented Clubs

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

Frontage

All property abutting on 1 side of a street or place between 2 intersecting streets, crossing or terminating, or, if the street is dead-ended, then all of the property abutting on 1 side between an intersecting street and the dead-end of the street.

Frontage, Building

The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way the Zoning Administrator shall have the authority to designate the building frontage. In structures with more than 1 business, the frontage of each business shall be calculated separately in determining its sign area. See Figure 154.14-E.

Figure 154.14-E: Illustration of building frontage versus street frontage.

Frontage, Street

The distance for which the front boundary line of the lot and the street line are coincident. See Figure 154.14-E.

Funeral Homes and Mortuaries

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

Garage/Yard Sales

Sales by residents of used or surplus personal possessions including, but not limited to all sales entitled garage, yard, lawn, basement, attic, porch, room, tent, backyard, patio, or moving.

Glazing

The installation of windows, glass, or similar transparent or coat materials in a building façade.

Government Facilities

Any building or structure or portion thereof, used by a government agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials. "Government facilities" includes but is not limited to fire stations, police stations, government offices and other similar uses.

Grade

The average level of the finished surface of the ground adjacent to the sign, building, or other structure being measured.

Grass

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

Gravel Surface Parking Lots

An area designated for the parking or temporary storage of vehicles that is surfaced with gravel or other types of crushed stone to create a temporary parking surface.

Greenhouses and Nurseries

An establishment used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales.

Ground Cover

A plant growing less than 2 feet in height at maturity that is grown for ornamental purposes. Ground covers are used as an alternative to grasses. On slopes, ground covers control erosion while eliminating the maintenance of mowing on hillsides. Ground covers also provide permanent covering of open ground to prevent erosion and/or create visual appeal.

Group Living (Use Category)

Residential uses characterized by a group of unrelated persons living in a group setting where there are shared bedroom, kitchen, and/or bathroom facilities and where the group is not living as a single family.

Heavy Manufacturing Facility

An establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials, or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its lot line. Such use shall also include any manufacturing or assembly facility that requires outdoor storage areas that exceed 200 square feet in area.

Hedge

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

Home Occupation

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

Hotels and Motels

A building or portion thereof used for providing lodging for transient guests and operated for profit which may provide additional services such as restaurants, meeting rooms and recreational facilities.

Household Living (Use Category)

Residential uses characterized by the occupancy of a dwelling unit by a family.

Housekeeping Unit

One or more persons occupying a dwelling unit and living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a bed and breakfast establishment, hotel, or motel.

Industrial Uses and Services (Use Category)

The industrial uses and services use category is comprised of uses characterized by the manufacturing, processing, fabrication, packaging, or assembly of goods. Use types also may include those uses that involve the repair or servicing of industrial, business, or consumer machinery equipment, products, or by-products.

Institutional Uses (Use Category)

The institutional uses category is comprised of uses that are general public or quasi-public in nature that include uses such as schools, parks, cemeteries, religious places of worship, etc. and are generally provided for the betterment of the community.

Institutions for Human Medical Care

An institution providing health services primarily for human in-patient medical/surgical care for the sick or injured and including related facilities such as laboratories. The use may also include out-patient departments, training facilities, central service facilities and staff offices that are an integral part of the facility and goes beyond general care typically administered within a doctor's office.

Internal Illumination

The illumination of a sign, awning, or canopy, by an artificial source of light which is completely enclosed within the sign cabinet.

Kennels and Animal Boarding

A facility for the boarding, breeding, raising, grooming, selling, training, or other animal husbandry activities for dogs, cats, or other animals for financial or other compensation.

Landscaping

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

Level of Service (LOS)

A qualitative measure describing a range of traffic operating conditions such as travel speed and time, freedom to maneuver, traffic interruptions, and comfort and convenience as experienced and perceived by motorists and passengers. Six levels are defined from A to F, with A representing the best range of conditions and F the worst.

Light Manufacturing and Assembly Use

The manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light, or vibrations is not noticeable from the adjacent properties. This use type shall not include establishments that provide electroplating, metal stamping or forging, or vehicle processing. See also "heavy manufacturing facility."

Light, Cutoff

An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 154.07(B).

Light, Non-Cutoff

An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 154.07(B).

Loading Area

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

Loading Space

An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and which abuts upon a street, alley or other appropriate means of access.

Logo

A business trademark or symbol.

Lot

A parcel of land that is part of a plat, legally recorded in the applicable county recorder's office, occupied or intended to be occupied by a principal use or structure, together with any accessory structures or uses and such accessways, parking area, yards, and open spaces required in this code.

Lot Area

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

Lot Coverage

That portion of a lot that is covered by the principal and accessory building, structures, and surfaces that prevent the passage or absorption of stormwater including paving and driveways (impervious surfaces).

Lot Line, Front

The front property line, which is coterminous with the street right-of-way. A front lot line is generally parallel to or less than 45 degrees to the rear lot line. The front lot line is generally opposite the rear lot line except as may be identified in § 154.04(H)(1)(d).

Lot Line, Rear

A lot line opposite a front yard. A rear lot line is generally parallel to or less than 45 degrees to the front street right-of-way line. See § 154.04(H)(1)(d).

Lot Line, Side

A lot line generally extending perpendicular to the front and rear lot lines. The side lot line extends between the front lot line and the rear lot line. See § 154.04(H)(1)(d).

Lot Lines

The property lines bounding the lot.

Lot of Record

A parcel of land, the dimensions of which are shown on a document or map filed with the applicable county recorder and which actually exists as so shown, or any part of such parcel held in a record ownership separate from that of the remainder thereof.

Lot Width

The horizontal distance between the side lot lines measured at the 2 points where the building line, or setback line, intersects the side lot lines. When the minimum setback line is not perpendicular to the side lot lines, lot width shall be measured at the midpoint of the minimum setback line. See § 154.04(H)(1)(d).

Lot, Corner

A lot abutting upon 2 or more streets at their intersection or upon 2 parts of the same street, and in either case forming an interior angle of less than 135 degrees. See § 154.04(H)(1)(d).

Lot, Cul-De-Sac or Curved Street

A lot with frontage along a curved street or cul-de-sac. See § 154.04(H)(1)(d).

Lot, Double Frontage

A lot having a frontage on 2 non-intersecting streets, as distinguished from a corner lot. See § 154.04(H)(1)(d).

Lot, Interior

A lot that has a single street frontage, a rear lot line, and at least 2 side lot lines. See § 154.04(H)(1)(d).

Lot, Nonconforming

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

Lot, Panhandle

A lot not fronting or abutting a public street and where access to the public street is limited to a narrow strip of land. See § 154.04(H)(1)(d).

Luminarie

A complete lighting unit consisting of 1 or more lamps, together with the components designed to distribute the light, to position and protect the lamps, and to connect the lamps to the electrical power supply; also called the lighting fixture. Luminarie shall not include the light pole used to support the luminarie.

Machinery and Heavy Equipment Sales, Leasing, Repair and Storage

Any building or land used for the display, sale, repair, storage, or leasing of new or used machinery, heavy equipment, semi-trailers, etc. that are in operable condition. Such facility may sell, lease or repair any type of vehicle that has a gross vehicle weight rating of 8,000 pounds or more within an enclosed building. See also the definitions of "vehicle sales and leasing."

Marijuana

Marihuana as defined in R.C. § 3719.01.

Maximum Extent Feasible

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

Medical Marijuana

Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose.

Medical or Dental Clinics/Offices and 24-Hour Urgent Care

An establishment where patient care is administered on an out-patient basis by 1 or more licensed physicians and/or dentists and their professional associates. Such use may also include 24-hour outpatient urgent care practices when such uses operate out of an office or clinic type setting.

Mining and Extraction (Use Category)

Mining and extraction is a use category where the use types typically involve the extraction, removal, or basic processing of minerals, soil, or other natural resources from the earth. Such uses also include quarrying, mining, or other procedures typically done at an extraction site.

Multi-Tenant Building

A principal building with multiple uses of a similar use classification (e.g., commercial, industrial, etc.) but that has multiple tenant spaces and/or multiple use types. A strip mall or strip center with a mixture of retail uses such as restaurants, retail stores, and personal service establishments is an example of a multi-tenant building.

Narrow Lot Developments

A residential subdivision that incorporates lots with narrower widths than what is typically allowed in the applicable zoning district provided the subdivision is approved in accordance with the procedures and standards established in this code.

Night Club

A place operated for profit, where food is served for consumption on the premises and 1 or more forms of amusement are provided or permitted for a consideration that may be in the form of a cover charge or may be included in the price of the food and beverages, or both, purchased by patrons. This use type does not include "sexually oriented businesses" or "entertainment device arcades."

Noncommercial Message or Speech

Any sign, wording or logo that does not represent a commercial message or commercial speech. See also "commercial message or speech."

Nonconformity

A use, lot, structure, building, sign, or lighting that does not comply with the provisions of this code. See also the definitions for "use, nonconforming," "lot of record," "building, nonconforming," and "structure, nonconforming."

Nudity or a State of Nudity

• The appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast; or

• A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast.

Nursery Schools or Day Care Centers (Children or Adults)

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

Offices (Use Category)

The offices use category is comprised of uses characterized by activities that are conducted in an office setting and generally focus on business, professional, or financial services.

ORC

The Ohio Revised Code.

Outdoor Dining

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

Outdoor Displays and Sales

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

Outdoor Lighting

Any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility. See § 154.07(B).

Outdoor Storage and Bulk Sales

The keeping, storage, or sales of any goods, material, merchandise, or vehicles in the same place for more than 24 hours in an area that is not fully enclosed by a structure. This may include areas established for the sale of large and/or bulk items.

Outdoor Vending Machines and Drop-Off Boxes

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

Outdoor Wood Boilers and Furnaces

Any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor wood furnace may also be referred to as an outdoor wood boiler or outdoor wood-fired hydronic heater.

Owner

A person recorded as the property owner on official records.

Parapet or Parapet Wall

A building façade that rises above the roof level, typically obscuring a gable or flat roof as well as any roof-mounted equipment.

Parking Aisle

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

Parking Area

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

Parking Garages

A structure (e.g., parking garage) providing vehicular parking spaces along with adequate drives and aisle, for maneuvering, so as to provide access for entrance and exit for the parking of more than 2 vehicles.

Parking Space

A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store 1 standard automobile.

Passive Parks, Open Space, and Natural Areas

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

Patios (Unenclosed)

Uncovered, non-enclosed outdoor hard surfaced areas that are no higher than 18 inches above the ground and does not require a building permit for construction.

Pedestrian Connection

A pedestrian walkway that includes sidewalks but may also include sidewalks on private property (not in the right-of-way) through the form of trails, designated walking areas, and similar walkways that are strictly used for pedestrian activity.

Pennant

A flag or banner longer in the fly than in the hoist, usually tapering to a point.

Person

Any individual, corporation, government agency, government official, business trust, partnership, 2 or more persons having a joint interest, or any other legal entity.

Personal Care

In addition to room and board, personal services such as help in walking and getting in and out of bed; assistance with bathing, dressing, and feeding; preparation of a special diet; and supervision over medications which can be self-administered.

Personal Care Facility

A long-term or short-term residential facility that provides personal care in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as "institutions for human medical care," "adult group home," "adult family home," "large residential facility," or "small residential facility." See also "skilled nursing facility" or "residential service home."

Personal Service Establishments

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

Planning Board

The Tipp City Planning Board

Plat

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

Playsets, Treehouses, and Trampolines

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

Porches and Decks

An enclosed or unenclosed surface area attached to a building, that is not used for livable space but that is elevated above the ground, at its highest point, by at least 18 inches.

Post Office/Retail Shipping

An office of the United States Postal system or a retail establishment that provides similar packing, mailing, and shipping of envelopes and boxes.

Premises

A parcel of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.

Private Water Towers, Tanks, or Reservoirs

A large container designed to hold water for the private use of the associated, principal industrial use.

Public Impound Lot

A secured storage area owned and operated by the municipality for vehicles that have been taken under temporary custody of the civil authorities.

Raceway

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

Radio and Television Broadcasting Studios

Facilities used to produce, operate, or develop radio or television programs for distribution through various telecommunication formats but that do not include on-site towers or satellites.

Real Estate Sales/Model Homes

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

Recreation and Entertainment (Use Category)

The recreation and entertainment use category is comprised of uses characterized by public or commercial indoor or outdoor activities and recreation including, but not limited to, pool halls, athletic clubs, video arcades, bowling alleys, batting cages, etc.

Regulated Substances

Chemicals and mixtures of chemicals that are health hazards. Materials packaged for personal or household use as food or drink for man or other animals are not regulated substances. Regulated substances shall include, but are not limited to:

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

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

• Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises 1% or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen in the mixture of 1/10 of 1% or greater of the composition on a weight per unit weight basis.

• Components of a mixture prepared within the Wellhead Protection Area in cases where such components are health hazards but comprise less than 1/10 of 1% of the mixture on a weight per unit weight basis if carcinogenic, or less than 1% of the mixture on a weight per unit weight basis if non- carcinogenic.

• Petroleum and non-solid petroleum derivatives (except non-PCB dielectric fluids).

Religious Places of Worship

An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination are held.

Research and Development Facilities

An establishment or facility for carrying on investigation in the natural, physical, or social sciences, or engineering and development as an extension of investigation with the objective of creating end products.

Residential Facility

A home or facility, as defined and regulated in R.C. § 5123.19, in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under R.C. § 5126.05, a county home or district home operated pursuant to R.C. Chapter 5155, or a dwelling in which the only mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living. See also "adult family home" and "adult group home."

Residential Facility, Large

A "residential facility" where there is supervision in a family setting of 9 to 16 persons.

Residential Facility, Small

A "residential facility" where there is supervision in a family setting of 6 to 8 persons.

Residential Service Homes

A group living facility that is designed to provide residential living to a group of people with similar needs where such residents are provided some level of medical or social services and where the use is not classified as an "adult group home," "adult family home," "large residential facility," or "small residential facility." Such use is not the same as "institutions for human medical care," "skilled nursing facility," or "personal care facility."

Restaurants

An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings.

Restoration Board

The Tipp City Restoration and Architectural Board of Review.

Retail and Service Commercial Uses (50,000 sq. ft. or less)

Establishments primarily engaged in the sale of goods and materials to the general public. Retail and service commercial uses may include, but are not limited to, bookstores, antique stores, bakeries, grocery stores, and other similar uses. This specific use type is limited to buildings with a maximum gross floor area of 50,000 square feet or less. Retail and service commercial uses shall not include "entertainment device arcades."

Retail and Service Commercial Uses (over 50,000 sq. ft.)

Establishments primarily engaged in the sale of goods and materials to the general public. Retail and service commercial uses may include, but are not limited to, bookstores, antique stores, bakeries, grocery stores, and other similar uses. This specific use type is limited to buildings with a gross floor area over 50,000 square feet including smaller buildings where the floor area is expanded so as to exceed 50,000 square feet in area. Retail and service commercial uses shall not include "entertainment device arcades."

Retail Sales (Accessory Use)

The sale of goods, products, drinks, or food as an accessory use to another nonresidential use cafeterias, and food or beverage kiosks, book sales, sale of products built on-site, etc. where the retail sales are clearly incidental to the principal use.

Retail Sales and Service (Use Category)

The retail sales and service use category is comprised of uses characterized by the sale, lease, or rental of new or used products to the general public. They may also provide personal services or entertainment, or provide product repair or services for consumer and business goods.

Riding Academies or Stables

Any building for animals to lodge and feed in, especially having stalls for horses. Such building may also be used for educational instruction in the care or riding of horses.

Right-of-Way

A general term denoting land, property, or the interest therein, usually in the configuration of a strip acquired for or devoted to transportation purposes. When used in this context, right-of-way includes the roadway, shoulders or berm, ditch, and slopes extending to the right-of-way limits under the control of the state or Tipp City.

Roof Line

Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. Where a building has several roof levels, the pertinent roofline or parapet shall be the 1 belonging to that portion of the building on whose wall the sign is located.

Satellite Dishes

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

Seasonal Agricultural Sales

A temporary structure or vehicle used in the sale of seasonal items such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products, which may be permitted on a temporary basis pursuant to § 154.06(B).

Self-Storage Facilities

A building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, or controlled-access stalls or lockers for the dead storage of a customer's goods or wares.

Semi-Nude Model Studio

Any place where a person who regularly appears in a state of semi-nudity is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. It is a defense to a prosecution for any violation of this code that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:

• By a college, junior college, or university supported entirely or partly by taxation;

• By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation;

• In a structure which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing;

• Where, in order to participate in a class a student must enroll at least 3 days in advance of the class; or

• Where no more than 1 semi-nude model is on the premises at any 1 time.

Semi-Nude or Partially-Nude

A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

Setback

The minimum distance a building or structure must be built from a lot line or road right-of-way as defined further in § 154.04(H)(1).

Setback Line

The line created when applying the required setback distance to a lot.

Setback, Front

The minimum distance required between a building, structure, or improvement and the front lot line. See § 154.04(H)(1).

Setback, Rear

The minimum distance required between a building, structure, or improvement and the rear lot line. See § 154.04(H)(1).

Setback, Side

The minimum distance required between a building, structure, or improvement and a lot that is shared with another lot where such lot line is defined as a side lot line. See § 154.04(H)(1).

Sexual Encounter Establishment

A business or commercial establishment that, as 1 of its principal business purposes, offers for any form of consideration, a place where 2 or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or when 1 or more of the persons is semi-nude. This definition shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

Sexually Oriented Businesses

An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment.

Sidewalk

A pedestrian walkway within a right-of-way of a public street but not on the street surface.

Sidewalk Sales

The temporary sale of goods or products on a sidewalk that is located adjacent to the principal building where the goods or products are typically sold as part of the principal use of the lot.

Sign

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

Sign Area

The entire display area of a sign including the advertising surface located on 1 or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to § 154.11(D).

Sign Face

The area or display surface used for the message.

Sign Height

The vertical distance to top of sign structure as measured pursuant to § 154.11(D).

Sign, Abandoned

An abandoned sign is a sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product or activity, and/or for which no legal owner can be found.

Sign, Animated or Moving

Any sign or part of a sign which changes physical position by any movement or rotation or which gives visual impression of such movement or rotation.

Sign, Canopy

Any sign that is a part of or attached to a canopy or awning.

Sign, Changeable Copy

A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also the definition of "electronic message center."

Sign, Development/Subdivision

A sign identifying a recognized subdivision, condominium complex, or development.

Sign, Drive-Through

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

Sign, Driveway

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

Sign, Flashing

Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted intermittent light source.

Sign, Freestanding

Any sign supported upon the ground by a monument, pedestal, pole, bracing, or other permanent measure and not attached to any building. See also the definition of "ground-mounted monument sign" and "pole sign."

Sign, Ground-Mounted Monument

A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure.

Sign, Illegal

A sign which does not meet the requirements of this chapter and which has not received legal nonconforming status.

Sign, Illuminated

A sign with an artificial light source incorporated internally or externally for the purpose of illuminating the sign.

Sign, Incidental

A sign typically erected to identify entrances, exits, restrooms, hours of operation, operational instructions, public utility locations, etc. These examples are not given by way of limitation; an incidental sign can contain any message, in accordance with § 154.11(B)(3)(c)(ix).

Sign, Manual Changeable Copy

A sign or portion of a sign where it is possible to change the copy on a frequent basis but where such sign change must be manually made and is not made electronically.

Sign, Nonconforming

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

Sign, Off-Premise

A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.

Sign, On-Premise

A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered on the same lot, site, or property where the sign is located.

Sign, Permanent

A sign permitted by this ordinance to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.

Sign, Pole

A permanent freestanding sign supported by 1 or more uprights, poles or braces placed in or upon the ground surface and not attached to any building.

Sign, Portable

Any sign that is designed to be or capable of being moved or transported, and not permanently affixed or attached to any building, structure, or grounds. A vehicle not used regularly in the operation of a business shall be considered a portable sign. See § 154.11(E).

Sign, Projecting

A sign that is affixed perpendicular to a building or wall and extends more than 18 inches beyond the face of such building or wall and the lowest point of which sign is not less than 10 feet above the sidewalk or ground level. A projecting sign shall also include a sign hung perpendicular to the building façade to the bottom of an arcade.

Sign, Roof

A sign erected or maintained in whole or in part upon, against or directly above the roof or parapet line of a building.

Sign, Sidewalk

A temporary sign that may be placed on the sidewalk, in the public right-of-way, during business hours in accordance with this section and all other applicable ordinances.

Sign, Temporary

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

Sign, Wall

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

Sign, Way-Finding

A sign located in a right-of-way or on property owned or managed by Tipp City providing direction to facilities, businesses, or other areas of the community.

Sign, Window

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

Site Plan Review

A formal review of a proposed development or activities that is reviewed by the Zoning Administrator or Planning Board, as applicable, to determine compliance with the provisions of this code prior to issuance of a zoning or building permit. See § 154.03(F).

Skilled Nursing

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

Skilled Nursing Facility

A long-term or short-term residential facility that provides skilled nursing services in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as "institutions for human medical care," "adult group home," "adult family home," "large residential facility," or "small residential facility." See also "personal care facility" or "residential service home."

Solar Energy Systems (Accessory Use)

A structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.

Specified Anatomical Areas

• Human genitals in a state of sexual arousal;

• The appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or

• A state of dress that fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.

Specified Sexual Activity

Shall have the same meaning as "sexual activity," as defined in R.C. § 2907.01(C).

Stacking Space

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

Static/Instant Message Change

On electronic message centers, a static or instant message change is when 1 message changes to another message instantly without scrolling, flashing, or other movement of the message.

Streamer

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

Street, Local Access

A local access street is a street that provides direct and full access to individual lots that abut the street. Local access street are typically laid out so that through traffic is discouraged.

Street, Major Collector

Major collector streets are designed to collect and distribute traffic between local access streets and minor collector streets to arterial streets and freeways. Major collectors can have a slightly wider right-of-way and can carry more traffic than a minor collector.

Street, Minor Arterial

Minor arterial streets are intended to collect and distribute traffic in a manner similar to principal arterial streets, except that these streets service smaller traffic generating uses and areas within Tipp City and can serve in place of major collector streets for the purposes of moving traffic in between other collector streets and the freeway or other arterial streets.

Street, Minor Collector

Minor collector streets are designed to collect and distribute traffic between local access streets and major collector streets or an arterial street. Minor collectors can have a slightly narrower right-of-way and can carry more traffic than a major collector.

Street, Principal Arterial

Principal arterial streets are streets designed for the movement of large amounts of fast traffic between points of heavy traffic generation (e.g., freeways, large residential areas or business and industrial areas) and from 1 section of the community or communities to another. Principal arterial streets have the widest right-of-ways and carry the largest volumes of traffic within Tipp City with the exception of the freeway (I-75).

Structure

Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, sheds, detached garages, walls, fences, billboards, signs, swimming pools, manufactured homes, and other similar items.

Structure, Accessory

A structure that is accessory and incidental to the principal building.

Structure, Nonconforming

A structure where the use is permitted in the applicable zoning district but the structure does not meet the setbacks, development standards, site development standards, or other dimensional or numerical standards for the applicable district.

Swimming Pools, Hot Tubs, and Spas (Outdoor)

A water filled enclosure, permanently or portable, having a depth of 24 inches (2 feet) or more, used and maintained for swimming or bathing by the residents, tenants, or occupants of the subject property.

Telecommunication and Transmission Towers

A structure used in the transmission of telecommunications not classified as a wireless telecommunication facility as defined in the Tipp City Code of Ordinances.

Temporary Events

A temporary use on private property that is not usual or customary for that property and the zoning district in which the subject property is located (e.g., festivals, circuses, and other temporary events).

Temporary Storage in a Portable Container

A portable structure or container that allows for storage of goods or materials, on or off-site and which is not permanently affixed to a foundation.

Temporary Structure for Institutional Uses

A temporary structure that is related and incidental to a use within the institutional use classification that may include temporary classrooms or storage facilities.

Tennis and Other Recreational Courts (Outdoor)

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

Theaters

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

Tourism (Use Category)

The tourism use category is comprised of uses characterized by the attraction of large numbers of persons (e.g., assembly halls and conference centers) or the provision of lodging units or space for short-term stays of less than 30 days for rent, lease, or interval occupancy.

Traffic Impact Analysis (TIA)

A study that is required to be completed according to the conditions specified in § 154.10(G). The purpose and need for the report is to determine more precisely the impacts of the access usage; to mitigate these impacts through the proper location, design, and construction of access points; and to ensure the continued functional and operational integrity of the roadway.

Tree, Canopy

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

Tree, Deciduous

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

Tree, Evergreen

A tree that remains green throughout the year.

Tree, Understory

A tree that has an expected height at maturity of no greater than 30 feet.

Type-B Day Care Home (1-6 Children)

A permanent residence of the provider in which child care is provided for 1 to 6 children at 1 time and in which no more than 3 children are under 2 years of age at 1 time. In counting children for the purposes of this division, any children under 6 years of age who are related to the provider and who are on the premises of the type B home shall be counted; or as defined in the Ohio Revised Code.

Underground Shelter

A shelter or bunker that is constructed completely underground separate from the principal building that is designed for cases of emergency shelter in the event of storms or catastrophe.

Use

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

Use, Accessory

A use or building on the same lot with, and of a nature customarily incidental and subordinate to, those of the main use or building.

Use, Nonconforming

A use that lawfully occupied a building or land prior to the effective date of this code, or amendments thereto, but that does not conform to the use regulations of the applicable zoning district after the effective date of this code, or amendments thereto.

Use, Principal

The principal use to which the premises are devoted and the primary purpose for which the premises exist.

Use, Special

A use, not permitted by right, that has a particular impact on the surrounding area or neighborhood that cannot be predetermined and controlled by general regulations. Uses that may be permitted after review and approval as provided in § 154.03(D).

Use, Temporary

A use, structure, or building permitted to exist for a limited period of time for use during construction, during special events, or for other permitted circumstances as established in § 154.06(B).

Utility Structures

Utility equipment and cabinets that exceed 6 square feet of surface area on any 1 side. Such equipment may be associated with telecommunications, video-ready access devices, fiber optics, cable, or similar utility provisions.

Variance

A modification of the terms of this code where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the actions of the applicant, a literal enforcement of this code would result in a practical difficulty and/or undue hardship as established in § 154.03(K).

Vehicle Sales and Leasing

Any building or land used for the display, sale, or rental of new or used motor vehicles, trailers, motorcycles, all-terrain vehicles, boats, recreational vehicles, farm machinery, semi-tractors, or similar implements, in operable condition and where no repair work is done unless such use is permitted in the applicable district. This use shall not include the sale or leasing of flat-bed trailers, semi-trailers, heavy equipment (backhoes, dump trucks, and similar construction equipment), or other vehicles that are not typically sold or leased to the general public. See "machinery and heavy equipment sales, leasing, repair and storage."

Vehicle Sales and Services (Use Category)

The vehicle sales and services use category is comprised of uses characterized by the direct sale and/or service of passenger vehicles, trucks, motorcycles, farm machinery, and other consumer motor vehicles intended for transport of goods or persons over land, water, or in the air; whether for recreation, commerce, or personal transport.

Vehicle Washing Establishment

A building that has its primary purpose as washing vehicle and may include self-service facilities or automatic washing facilities.

Vehicle, Commercial

Any motor vehicle licensed by the state as a commercial vehicle.

Vehicle, Junk or Disabled

An auto, truck, recreational vehicle of other conveyance which is not garaged and is characterized by 1 or more of the following:

• Is not currently licensed;

• Has not moved under its own power for over 3 months;

• May have missing, broken or inoperative essential components; and

• No active and continuous repair work has been conducted upon it for over 2 months.

Vehicle, Recreational

A vehicle towed or self-propelled on its own chassis or attached to the chassis or another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term shall include, but shall not be limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. Such vehicles shall have a body width and body length of no more than the allowable length and width in accordance with the Ohio Revised Code when factory equipped for the road. See also "camping and recreational equipment."

Vehicular Use Area

The entire paved area that encompasses all parking spaces, loading areas, stacking spaces, and the access drives that provide access to those spaces but that does not include the entry drive or driveway with no direct access to a parking space, stacking space, or loading space.

Vertical Mixed Use Building

A building designed to encourage a diversity of compatible land uses that may include a mixture of 2 or more of the following land uses within the building: residential, office, retail, recreational, and other similar uses.

Veterinarian Offices (No Boarding)

Facilities used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations (temporary, for animals under treatment) in a wholly enclosed building on the premises only for treatment, observation and/or recuperation. Such use shall not include any kennels for the purposes of boarding but may include kennel space for the ongoing medical care of animals related to a veterinarian office.

Wall

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

Wall Offset

Projections or recesses organized in a random or repeating pattern along a building wall used to visually interrupt the mass of the façade plane.

Wall, Retaining

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

Warehouse and Distribution Center

An enclosed building designed and used primarily for the storage of goods and materials or for a building used for activities related to the distribution of those goods and materials to other businesses or communities.

Wholesale Business

An establishment for the sale of merchandise to retail and service commercial uses, office uses, or institutional uses, or to other wholesalers. Wholesale business may also mean acting as an agent or broker in the buying or selling of merchandise; but not selling to the general public.

Wind Energy Conservation Systems (WECS)

Any mechanism designed for converting wind energy into electrical energy. A WECS may include 1 or more turbines, blades, towers, associated control or conversion electronics, transformers, and/or other maintenance or control facilities or other component used in the system. A WECS may be either a commercial WECS or a non-commercial WECS.

Yard

An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code. See § 154.04(H)(1) for rules of measurement and determination for all yard types.

Yard, Front

A yard extending across the front of a lot between the side lot lines, and being the minimum horizontal distance between the front lot line and the main building or the extension thereof, not including the usual steps and entryway.

Yard, Rear

A yard extending across the rear of a lot, measured between the side lot lines, and being the minimum horizontal distance between the rear lot line and the main building or the extension thereof, not including the usual steps and entryway.

Yard, Side

A yard located between the main building and the side lot line and extending from the front yard line to the rear yard line.

Zoning Administrator

The Zoning Administrator of Tipp City, Ohio along with their assistants, or any other person designated by the City Manager to perform the duties of the Zoning Administrator.

Zoning Compliance Permit

A permit issued by the Zoning Administrator stating that a proposed sign, sign component, temporary use, or change in occupancy complies with this code as established in § 154.03(I).

Zoning District

An area within the city for the regulations and requirements governing each class or kind of building or other structure or use are uniform.

Zoning Map

The Official Zoning Map of the City of Tipp City, Ohio.

Zoning Map Amendment

An amendment or change to the Tipp City Zoning Map reviewed and decided upon by the City Council in accordance with § 154.03(C).

Zoning Permit

A permit issued by the Zoning Administrator stating that a proposed development or activity complies with this code as established in § 154.03(H).

Zoning Text Amendment

An amendment or change to the text of this code reviewed and decided upon by the City Council in accordance with § 154.03(C).

(Ord. 5-14, passed 3-17-2014; Am. Ord. 16-16, passed 8-15-2016; Am. Ord. 1-17, passed 1-3- 2017; Am. Ord. 6-17, passed 3-6-2017; Am. Ord. 16-18, passed 6-4-2018; Am. Ord. 9-19, passed 4- 15-2019)

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

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