For the purposes of this Zoning Code, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) "Accessory Structure." Any purpose for which a building, structure, or tract of land may be designed, arranged, intended, maintained, or occupied which:
(A) Is customarily incidental and subordinate in area, extent, or purpose to the principal building, structure or use which it serves, and,
(B) Is located on the same zoning lot as the principal building, structure, or use, with the single exception of such accessory off-street parking facilities which are permitted to locate elsewhere than on the same zoning lot with the building or use served under Section 1155.07 of this Zoning Code.
(2) "Adult Arcade." Any place to which the public is permitted or invited in which coin-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specific anatomical areas.
(3) "Adult Bookstore, Adult Novelty Store, or Adult Video Store." A commercial establishment that, for any form of consideration, has a significant or substantial portion of its stock-in-trade in, derives a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale of rental of any of the following:
(A) 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 their emphasis upon the exhibition or description or described of specified sexual activities or specified anatomical area.
(B) 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 self or others.
(C) An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials exhibiting or describing specified sexual activities or specified anatomical areas and still be categorized as an adult bookstore, adult novelty store, or adult video store. The existence of other principal business uses does not exempt an establishment from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, such materials that exhibit or describe specified sexual activities or specified anatomical areas.
(4) "Adult Cabaret." A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, that regularly features any of the following:
(A) Persons who appear in a state of nudity or semi-nudity;
(B) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(C) Films, motion pictures videocassettes, slides or other photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.
(5) "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, digital video discs, slides or other photographic reproductions which are characterized by depiction 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.
(6) "Adult Motion Picture Theater." A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions that are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
(7) "Adult Theater." A theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by their emphasis upon exposure of specified anatomical areas or specified sexual activities.
(8) "Agricultural Use." The use of a tract of land for growing crops in the open, dairying, animal husbandry, pasturage, horticulture, floriculture, and necessary accessory uses, including the structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, such agricultural use shall not include the following uses:
(A) The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;
(B) Wholesale or retail sales as an accessory use unless the same are specifically permitted by this Zoning Code;
(C) The feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.
(9) "Alley." A dedicated public right-of-way, other than a street, that affords a secondary means of access to abutting property.
(10) "Antenna." Any panel, whip, dish, or other apparatus designed for communications through the sending and/or receiving of electromagnetic waves, excluding any support structure other than brackets.
(11) "Antenna Support Structure." Any building or other structures other than a tower that can be used for location of wireless telecommunications facilities.
(12) "Apparel Stores." Stores selling or accepting for sale clothing at retail.
(13) "Appeal." A request for a review of the interpretation of any provision of this Zoning Code.
(14) "Applicant." Any person that applies for a permit pursuant to this Zoning Code.
(15) "Application." The process by which an applicant submits a request and indicates a desire to be granted a permit under the provisions of this Zoning Code. An application includes all written documentation, verbal statements and representations, in whatever form or forum, made by an applicant to the City of Troy concerning such a request.
(16) "Area of Special Flood Hazard." The land in the flood plain within a community subject to a one (1) percent or greater chance of flooding in any given year.
(17) "Aquifer." A glacial formation, group of glacial formations or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.
(18) "Automobile Accessory Stores." Stores engaged primarily in the business of selling automobile parts, tires, batteries, seat covers, and other automobile accessories.
(19) "Automobile Sales or Rental." The use of any building, land area, or both for the display and sale and/or rental of new or used automobiles, which may include light trucks or vans, trailers or recreational vehicles, and where any vehicle preparation or repair work is conducted solely as an accessory use.
(20) "Automobile Service Station." A building, lot, or both, where fuels, oils, and accessories for the use of passenger motor vehicles are dispensed, sold or offered for retail sale, and where mechanical repair service and washing of vehicles may be incidental to the dispensing of such items. The storage of junk or inoperable vehicles, and the sale and/or rental of new or used automobiles shall not be included in this definition.
(21) "Automotive Repair, Major." General repair, rebuilding or reconditioning of motor vehicles, trailers, engines or transmissions; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; and steam cleaning.
(22) "Automotive Repair, Minor." Incidental minor repairs, including replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half (1½) tons rated capacity, but not including any operation named under "automobile repair, major". Oil change and muffler repair shops are included in this definition.
(23) "Automobile Washing." A building, or portion thereof, containing facilities for washing automobiles and which may include the use of a chain conveyor, blower, steam cleaning device, or other mechanical means. Also includes self-serve manual washing facilities for passenger vehicles only.
(24) "Awning." See "Canopy"
(25) "Bakeries, Retail." Stores engaged in the sale at retail of bread, cake, cookies, and other similar items including the baking of such items on the premises, but excluding the baking of such items for delivery to wholesale customers or for door-to-door sale or delivery to retail customers.
(26) "Bakeries, Wholesale." Stores engaged in the sale at wholesale of bread, cake, cookies, and other similar items including the baking of such items on the premises, but excluding the baking of such items for retail sale on premises.
(27) "Banks and Financial Institutions." Commercial banks, savings and loan associations, credit unions, brokerage offices, and other similar financial institutions, but not including pawnshops, check cashing establishments or payday loan businesses.
(28) "Base Flood." Means the flood having a one (1) percent chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one hundred (100) year flood.
(29) "Basement." That portion of a building which is partly or completely below grade.
(30) "Bed and Breakfast." Overnight accommodations and a morning meal in a dwelling unit provided to transients for compensation.
(31) "Block." A tract of land bounded by streets, a combination of streets, railroad right-of-way, river or stream, or any other barrier to the continuity of development.
(32) "Block Face." A single side of a dedicated street running from street to street including parcels and public right-of-way.
(33) "Buffer Strip." A designated area of land between two abutting zoning districts which is landscaped in such a way as to minimize the visual and auditory impact of a higher intensity use from a neighboring, less intensive use.
(34) "Building." Any covered structure built for the support, shelter, or enclosure of persons, animals, chattels, or movable property of any kind and which is permanently affixed to the land.
(35) "Building Height." The vertical distance from the grade (elevation of the sidewalk if the front of the building abuts upon the sidewalk or the average level of the finished surface of the ground adjacent to the structure) to the highest point of the coping of a flat roof, to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.
(36) "Bulk Regulations." Regulations controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. Bulk regulations include regulations controlling:
(A) Maximum height;
(B) Maximum lot coverage;
(C) Maximum floor area ratio;
(D) Minimum size of yards and setbacks.
(37) "Candlepower." The amount of light that will illuminate a surface one (1) foot distant from a light source to an intensity of one (1) foot-candle. Maximum (peak) candlepower is the largest amount of candlepower emitted by any lamp, light source, or luminaire.
(38) "Canopy." Any structure, movable or stationary, attached to and deriving its support from structural members or posts or other means independent of a connected structure for the purpose of shielding a platform, stoop, doorway, window or sidewalk from the elements, or a roof-like structure of a permanent nature which projects from the wall of a structure and overhangs the public way.
(39) "Cemetery." Land used or intended to be used for the burial of animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(40) "Channel." A natural or artificial watercourse of perceptible extent, with definite bed and banks to confine and conduct continuously or periodically flowing water. Channel flow is that water which is flowing within the limits of the defined channel.
(41) "Check Cashing Establishment." A business engaged in cashing checks for the general public or providing short-term, non-collateralized loans as an element of its operation, which exceeds 50% of its gross revenues, and which is not licensed by the appropriate state or federal agency as a bank, savings and loan association, or credit union.
(42) "City" or "The City." The City of Troy, Ohio.
(43) "Clinic." A place used for the outpatient care, diagnosis, and treatment of sick, ailing, infirm, or injured persons, and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.
(44) "Club, Private." An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable federal, state, county and local laws.
(45) "Codified Ordinances." The Codified Ordinances of Troy, Ohio, as amended from time to time.
(46) "Commercial Recreational Facilities, Indoor." Any commercial activity conducted entirely indoors which is related to the recreation field, such as bowling alleys, skating rinks, indoor tennis courts, swimming pools, indoor motion picture theaters, and similar recreational activities. This definition shall exclude adult entertainment facilities as defined elsewhere in this Zoning Code.
(47) "Commercial Recreational Facilities, Outdoor." Any commercial activity conducted primarily outside of a building that is related to the recreation field, such as drive-in theaters, community swimming pools, miniature golf, driving ranges, skiing facilities, country clubs, and similar activities.
(48) "Commercial Zoning District(s)" or "Commercial District(s)." One or more of the following conventional zoning districts identified in this Zoning Code: B-l, B-2, B-3, or B-4.
(49) "Co-Location Wireless Telecommunications." The use of a wireless telecommunication facility by more than one wireless telecommunications provider.
(50) "Common Open Space." A parcel of land or an area of water or combination of both land and water, within a site designated as a planned development and designated and intended for the use and enjoyment of the residents of the planned development. Common open space does not include streets, alleys, off-street parking or loading areas, public open space, or other facilities dedicated by the developer for public use. Common open space shall be substantially free of structures, but may contain such improvements as are approved as a part of the general development plan and are appropriate for the recreation of residents of the planned residential development.
(51) “Community Oriented Residential Social Service Facility." A facility which provides resident services to a group of individuals of whom three or more are unrelated. These individuals are mentally retarded, handicapped, aged or disabled, are undergoing rehabilitation, and are provided services to meet their needs. All family homes and adult family homes shall possess an appropriate license from the State of Ohio, Miami County, or other appropriate governmental unit prior to operation and are required to comply with area, height, yard, and architectural compatibility requirements that are uniformly imposed upon all single-family residences within the zoning district in which it is located. All group homes, adult group homes, halfway houses, and social care homes shall possess an appropriate license. Prior to the issuance of a final certificate of occupancy, the operator or agency shall provide evidence that a valid license has been or will be issued.
“Community oriented residential social services facilities" includes, but is not limited to, the following listed categories:
(A) "Adult Care Facility" An adult family home or an adult group home. For purposes of this section, any residence, facility, institution, hotel, congregate housing project, or similar facility that provides accommodations and supervision to three (3) to sixteen (16) unrelated adults, at least three (3) are provided personal care services, is an adult care facility
1. "Adult Family Home" A residence or facility that provides accommodations to three (3) to five (5) unrelated adults and supervision and personal care services, to at least three (3) of those adults.
2. "Adult Group Home" A residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and supervision and personal care services, to at lease three (3) of those adults.
(B) "Residential Facility" A home or facility 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, county home or district home, or a dwelling in which mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living.
1. "Family Home" A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least six (6) but not more than eight (8) mentally retarded or developmentally disabled person.
2. "Group Home" A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine (9) but not more than sixteen (16) mentally retarded or developmentally disabled persons.
3. "Foster Family Home" A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for not more than five (5) mentally retarded or developmentally disabled persons. Residential homes for aged would also be included under this category.
(C) "Social Care Home" A residential home for three (3) to sixteen (16) children or adolescents who lack social maturity or have emotional problems but who have not been judged delinquent. Residency may be permanent or transient.
(D) "Halfway House" A facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment or supportive services for not more than sixteen (16) individuals on supervised release from the criminal justice system and who have been assigned by a court to a residential home in lieu of placement in a correctional institution; or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
(E) "Intermediate Care Home" A facility owned and/or operated by an agency or an individual for not more than sixteen (16) children or adolescents who have been so judged delinquent and have been assigned by a court to a residential home in lieu of placement in a correctional institution.
(52) "Comprehensive Plan." The long-range plan for the desirable use of land within and around the incorporated territory of the City as officially adopted and as amended from time to time by the Planning Commission.
(53) "Concept Plan" or "Conceptual Plan." A plan, drawn to a representative scale and using real property information obtained from a professionally-prepared surveyor or other reliable source, indicating the distribution of land uses, streets, and roadways within a proposed Planned Development for the purposes of preliminary discussion prior to the formal consideration of a Planned Development General Plan.
(54) "Conventional Zoning." Zoning districts, other than Planned Development districts, such as Residential Districts, Office Districts, Commercial Districts, and Manufacturing Districts.
(55) "Conversions." Any modification or change to an existing dwelling which is intended to or actually does increase the number of dwelling or rooming units.
(56) "Council" or "City Council." The City Council of Troy, Ohio.
(57) "Cul-de-sac Lot." A lot containing frontage on the bulb of a local street of relatively short length with one (1) end open to traffic and the other end terminating in a vehicular turnaround which may or may not feature a landscaped island.
(58) "Cutoff." The point at which all light rays emitted by a lamp, light source, or luminaire are completely eliminated (cutoff) at specific angle above the ground.
(59) "Cutoff Angle." The angle formed by a line drawn from the direction of light rays at the light source and a line perpendicular to the ground from any light source, above which no light is emitted.
(60) "Cutoff-Type Luminaire." A luminaire with elements such as shields, reflectors, or refractor panels that direct and cut off the light at a cutoff angle that is less than ninety (90) degrees.
(61) "Day-Care Centers."
(A) "Day-Care." Any place in which day-care is provided for less than six (6) persons other than those of the owner or administrator, with or without compensation for any part of the twenty-four (24) hour day, but does not include the care of persons in places of worship during religious services.
(B) "Day-Care Center." Any place in which day-care is provided for six (6) or more persons other than those of the owner or administrator, with or without compensation for any part of the twenty-four (24) hour day, but does not include the care of persons in places of worship during religious services.
(62) "Density." A unit of measurement designating the number of dwelling units, mobile homes, and/or house trailers per acre of land as follows:
(A) "Gross Density." The number of dwelling units, mobile homes, and/or house trailers per acre of the total land to be developed.
(B) "Net Density." The number of dwelling units, mobile homes, and/or house trailers per acre of land when the acreage involved includes only the land devoted to residential uses and excludes such areas as street rights-of-way, parks, storm drainage areas and other similar uses.
(63) "Developer" or "Sub divider." The legal or equitable owner or owners, collectively, of all the land proposed to be included in a subdivision, including the holder of an option or contract to purchase, or other person having an enforceable proprietary interest in such land. By written notice, the developer may appoint one or more agents to work with the City.
(64) "Development." Any change to improved or unimproved real estate, including but not limited to structures, mining, dredging, filling, grading, paving excavation, or storage of equipment or materials.
(65) "Development Standards." Standards controlling the size of structures and the relationships of structures and uses to each other and to open areas and lot lines. "Development Standards" include regulations controlling maximum height, minimum lot area, minimum lot frontage, minimum size of yards and setbacks, maximum lot coverage, and maximum floor area ratio.
(66) "Direct Recharge Area." That portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.
(67) "Director" The Director of Public Service and Safety or designee.
(68) "District." Any section of the City of Troy for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the off-street parking requirements and intensity of use are uniform.
(69) "Drive-In" or "Drive-Through." Except for businesses otherwise defined herein, a business or other establishment so developed that its retail or service character is dependent on providing a driveway approach and/or waiting spaces for motor vehicles so as to serve patrons while in the motor vehicle.
(70) "Dwelling." Any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or other temporary or transient structure or facility. This definition specifically excludes "Mobile Home" and "House Trailer" as defined in this Zoning Code.
(A) "Dwelling Unit." That space within a building comprising living, dining and sleeping rooms and storage closets, as well as legally required space and equipment for cooking, bathing and toilet facilities, all used by only one family and its household employees.
(B) "Multi-Family Dwelling." A building designed or converted for, and occupied exclusively as, separate dwelling units for more than two families living independently of each other, without sharing of living, cooking, bathing or toilet facilities.
(C) "Single-Family Dwelling." A building designed or converted for, and occupied exclusively as, a dwelling unit for one family.
(D) "Two-Family Dwelling." A building designed or converted for, and occupied exclusively as, separate dwelling units for two families living independently of each other, without sharing of living, cooking, bathing or toilet facilities.
(71) "Eating Place, Carry-out." An establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are dispensed at the counter for consumption off the premises.
(72) "Eating Place, Drive-In." An establishment offering food and beverages, which may include liquor, beer, and wine, if licensed by the State of Ohio, where the food and beverages are dispensed directly to persons while in motor vehicles, and where the food and beverages may also be dispensed at the counter for consumption either on or off the premises.
(73) "Eating Place No. 1." An establishment where food and beverages are prepared, served, and consumed, which may include liquor, beer, and wine, if licensed by the State of Ohio, for consumption only inside the building.
(74) "Eating Place No. 2." An establishment having the attributes of an Eating Place No. 1, and which also provides live entertainment.
(75) "Escort." Escort means a person who, for consideration, and for another person, agrees or offers:
(A) to act as a companion, guide, or date, or
(B) to privately model lingerie, or
(C) to privately perform a striptease.
(76) "Escort Agency." Escort Agency means a person or business association that for a fee, tip, or other consideration, furnishes, offers to furnish, or advertise to furnish, escorts as one of its primary business purposes.
(77) "Essential Services." The location, erection, construction, reconstruction, charge, alteration, maintenance, removal, use, or enlargement by public utilities or the City or other governmental agencies of underground or overhead gas, electrical, steam, or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities or the City or other governmental agencies or for the public health, safety, and morals.
(78) "Family." An individual or two (2) or more persons living together as a household unit who are related to each other by blood, marriage, or adoption, or two (2) or more individuals who need not be related living together as a single housekeeping unit, provided that a ratio of two (2) persons or less per bedroom within the dwelling unit, mobile home, modular home or house trailer is maintained for unrelated arrangements. A group occupying a nursing home, rest home, convalescent home, halfway house, rooming house, hotel, motel, or fraternity or sorority house is not considered a "Family" within this Zoning Code.
(79) "FCC." The Federal Communications Commission and any legally appointed, designated or elected agent or successor.
(80) "FEMA." The Federal Emergency Management Agency, who has the overall responsibility for administering the National Flood Insurance Program and any legally appointed, designated or elected agent or successor.
(Ord. 27-2008. Passed 3-16-09.)
(81) "Fence." A free standing accessory structure over twelve (12) inches constructed of metal, masonry, composition, or wood or any combination thereof resting on or partially buried in the ground and rising above ground level, and used for confinement, screening or partition purposes. Fences shall be maintained in a neat and orderly manner and shall conform to the regulations of Section 521.07 of the Codified Ordinances. (Ord. 11-2016. Passed 3-21-16.)
(82) "Final Development Plan." Any PD application that fulfills the requirements of Step 2 in the Planned Development approval process of this Zoning Code.
(83) "Flood." A temporary rise in stream flow or stage that results in water overtopping its banks and inundating areas adjacent to the channel.
(84) "Flood Fringe." That portion of the flood plain outside the floodway.
(85) "Flood Insurance Rate Map (FIRM)." An official map on which FEMA has delineated the areas of special flood hazard.
(86) "Flood Insurance Study." The official report in which FEMA has provided flood profiles, floodway boundaries, and the water surface elevations of the base flood.
(87) "Flood Plain." The land adjacent to a body of water that has been or may be hereafter covered by floodwater.
(88) "Floodway." The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.
(89) "Floor Area." The sum of the gross horizontal areas of all floors or a building measured from the exterior faces of the exterior walls or from the center line of walls separating buildings, but not including unenclosed porches and cellar or basement space not used for business or commerce.
(90) "Floor Area Ratio (F.A.R.)." The floor area ratio of the building or other structure on any lot is determined by dividing the gross floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one (1) building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot, or, in the case of planned developments, by the net site area. The floor area ratio requirements, as set forth under each zoning district, shall determine the maximum floor area allowable for a building or other structure (including both principal and accessory buildings) in direct ratio to the gross area of the lot.
(91) "Foot-Candle." A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
(92) "Garage, Private." A detached accessory building or a portion of a main building with driveway access, intended for the parking or storage of automobiles, recreational vehicles, or boats of the occupants and/or employees of the premises.
(93) "Garage, Public." A principal or accessory building other than a private garage, intended for the parking or storage of automobiles, recreational vehicles, boats, or other vehicles, and available to the general public.
(94) "Garage Sale." Any sale entitled "garage sale," "lawn sale," "attic sale," "rummage sale," or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large can be made aware of such sale. Garage sales shall be limited to the sale of tangible personal property that was obtained by the person making the sale, through purchase or otherwise, for his or her own use. More than six (6) days of sales within a twelve (12) month period is considered by the Ohio Department of Taxation as engaging in a retail business, which is prohibited in Residential Districts by this Zoning Code.
(95) "Halfway House." A facility owned and/or operated by an agency or an individual authorized to provide housing, food, treatment or supportive services for individuals on supervised release from the criminal justice system and who have been assigned by a court to a residential home in lieu of placement in a correctional institution; or for individuals who have been institutionalized and released from the criminal justice system or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a supervised group setting.
(Ord. 0-27-2008. Passed 3-16-09.)
(96) "Hard Surface." Any impervious area that does not allow natural infiltration which includes concrete, asphalt, black top or other such surfaces as determined by the City Engineer. Compacted gravel is not considered a hard surface.
(Ord. 0-2-2010. Passed 2-1-10.)
(97) "Historic District." A geographically definable area possessing a significant concentration, linkage, or continuity of sites, buildings, structures, and/or objects united by past events or aesthetically by plan or physical development.
(98) "Home Occupation." Any activity carried out for gain by a resident of the premises in a residential zoning district that is clearly subordinate and incidental to its use as a principal place of residence.
(99) "Hospital." A facility which provides accommodations and continuous services for the sick and injured which may include pediatric, obstetrical, medical, surgical, psychiatric or extended care.
(100) "Hotel." A building or portion thereof, or a group of buildings, which provides sleeping accommodations for transients on a daily or weekly basis, whether such establishments are designated as a hotel, inn, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.
(102) "Industrial Zoning District(s)." Any of the following zoning districts identified in this Zoning Code: M-1, M-2, M-3. (Ord. 0-27-2008. Passed 3-16-09.)
(103) "Kennel." Any lot or premises on which four (4) or more dogs and/or other domesticated animals, at least four months of age are kept.
(Ord. 0-2-2010. Passed 2-1-10.)
(104) "Landscaping." The improvement of a lot, parcel, or tract of land with grass and shrubs and/or trees. Landscaping may include pedestrian walks, flowerbeds, ornamental objects such as fountains, statuary, and other similar natural and artificial objects designed and arranged to produce an aesthetically pleasing effect.
(105) "Laundromat." A commercial establishment providing washing, drying, or ironing machines for hire to be used by customers on the premises.
(106) "Loading Space." A space within the main building or on the same lot therewith, providing for the standing, loading or unloading of trucks and connected with a street or alley by a surfaced driveway which affords satisfactory ingress and egress for trucks.
(107) "Lot." A Lot is a parcel of land that is sufficient in size to meet minimum zoning requirements for use, coverage and area, as well as to provide such yards and other open spaces as are herein required and as required by zoning. All lots shall have frontage on an improved street and may consist of a single lot of record; a portion of a lot of record; or a combination of complete lots of record, or portions of lots of record.
(A) "Corner Lot." A lot abutting upon two (2) or more streets at their intersection, or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five (135) degrees.
(B) "Double Frontage or Through Lot." A lot other than a corner lot with frontage on more than one street.
(C) "Interior Lot." A lot other than a corner lot with frontage on only one street.
(108) "Lot Area." The total computed land area contained within the lot lines, exclusive of any portion of a public right-of-way or a private access easement that is usually expressed in square feet or in acres and fractions thereof.
(109) "Lot Coverage." That percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves but including impervious surfaces.
(110) "Lot Depth." The average distance measured from the front lot line to the rear lot line.
(111) "Lot Frontage." That portion of a lot running along the boundary of any public or private thoroughfare. Where the lot is located on a curve in the road, the Lot Frontage may be measured along the extent of the curved building line, provided that the side property lines run radial to the curve.
(112) "Lot Lines." Lot boundary lines.
(A) "Front." A street right-of-way line or centerline forming the boundary of a lot. On a corner lot, both street rights-of-way or centerlines shall be front lot lines.
(B) "Rear." The lot line that is most distant from, and is or is most nearly parallel to the front lot line. If a rear lot line is less than fifteen (15) feet long, or if the lot comes to a point at the rear, the rear lot line shall be a line at least fifteen (15) feet long, lying wholly within the lot, parallel to the front lot line. In the case of a corner lot, the rear lot line shall be the lot line opposite the shortest front lot line.
(C) "Side." A lot line that is neither a front lot line nor a rear lot line.
(113) "Lot of Measurement." Lot Measurements. A lot shall be measured as follows:
(A) Depth of a lot shall be considered to be the mean horizontal distance measured from the midpoint of the front lot lines to the midpoint of the rear lot lines.
(B) Depth of a corner lot shall be considered to be the mean horizontal distance between the established front and side lot line (whichever lot line is opposite from the established front lot line). This shall be measured along one front yard and one side yard perpendicular to the front yard.
(C) Width of a lot shall be considered to be the mean width of the lot measured at right angles to its depth as measured at the front setback.
(114) "Lot of Record." A lot which is part of a subdivision approved by the City of Troy and recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(115) "Lot Width." The distance on a horizontal plane between the side lot lines measured at right angles to the lot depth at the required front building line.
(116) "Lot, Zoning." A parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership.
(117) "Luminaire." A complete lighting unit consisting of a light source and all necessary mechanical, electrical, and decorative parts.
(118) "Manufacturing." The assembling, altering, converting, fabricating, finishing, processing, or treatment of a product.
(119) "Mobile Home." A manufactured residential structure designed to be transported over the road, constructed so as to be movable from place to place, ordinarily providing complete, independent living facilities for one (1) family, including provisions for living, sleeping, eating, cooking, and sanitation. Mobile homes are not included within the definition of "Dwelling." Neither the removal of running gear nor placement of the unit on a foundation shall qualify a mobile home as a dwelling.
(120) "Mobile Home Park." Any lot upon which two (2) or more mobile homes and/or house trailers are located for residential use, either free of charge or for revenue purposes. A "Mobile Home Park" includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(121) "Modular Home." A factory-fabricated transportable building consisting of two (2) or more units designed to be assembled into a permanent structure at a building site on a permanent foundation and used for residential purposes by one (1) family, and is built to meet the standards and specifications of the Industrial Unit Standards of the Ohio Building Code.
(122) "Monopole." A support structure constructed to a single, self-supporting hollow metal tube securely anchored to a foundation.
(123) "Motor Freight Terminal." A building or area in which freight brought by truck is assembled and/or stored for routing in intra-state and interstate shipment by truck or in which semi-trailers, including tractor and /or trailer units, and other trucks are parked or stored.
(124) "Nonconforming Building or Structure." A lawfully existing building or other structure containing a lawful residential, business, commercial, institutional or industrial use which does not comply with the applicable lot size requirements, building bulk limitations or off-street parking requirements.
(125) "Nonconforming Lot." A lot existing at the time of enactment of this Zoning Code or any subsequent amendments which does not conform to the lot area and frontage requirements of the district in which it is located.
(126) "Nonconforming Use." Either a lawfully existing use of part or all of a building or other structure or a lawfully existing use of land not involving a building or structure, which is not allowed by the applicable district regulations of this Zoning Code.
(127) "Nonconformity." An existing use, building, or structure which fails to comply in some respect with the use or bulk regulations applicable to new uses, buildings, or structures in the district in which it is located.
(128) "Nude", "Nudity" or "State of Nudity." The showing of the human male or female genitals, pubic area, vulva, anus, anal clef, or cleavage with less than a fully opaque covering; or the showing of the female breasts with less than a fully opaque covering of any part of the nipple.
(129) "Nursing Home", "Rest Home" or "Convalescent Home." A place, residence, or home used for the boarding and care, for a consideration, of not less than three (3) persons, not members of the immediate family operating the facilities, who by reason of age or infirmity are dependent on the services of others.
(130) "Office Zoning District(s)." One of both of the following conventional office zoning districts identified in this Zoning Code: OR-1 and OC-1.
(131) "One-Year Capture Area." The area around the public water supply well fields delineated by the one-year travel time contour.
(132) "Outdoor Storage." The storage of goods and materials outside of any building or structure, but not including storage of a temporary or emergency nature.
(133) "Outdoor Storage Area." An outdoor area on a property, with the exception of single and two-family residential lots, where refuse is collected and stored.
(134) "Parking Area." A hard surfaced open, unoccupied space used or required for use for parking of automobiles exclusively and in which no gasoline or automobile accessories are sold or no other business is conducted and no fees are charged.
(135) "Parking Space." A hard surfaced area, enclosed in the main building or in an accessory building, or unenclosed, having an area permanently reserved for the temporary storage of one (1) automobile and connected with a street or alley by a hard surfaced driveway that affords satisfactory ingress and egress for automobiles.
(136) "Patio." A covered or uncovered paved area or deck that adjoins a residential structure, the height of which is less than eight (8) inches above the average level of the adjoining ground.
(137) "Person." Any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or not-for-profit.
(138) "Permitted Use." Any use specifically allowed in a zoning district and subject to the restrictions applicable to that zoning district.
(139) "Planned Development." An area of minimum contiguous size, as specified by ordinance, to be planned, developed, operated, and maintained according to plan as a single entity and containing one (1) or more structures with appurtenant common areas.
(140) "Planning Commission." The Planning Commission of Troy, Ohio.
(141) "Porch." A covered or uncovered floor, deck or platform at the entrance to a building, the height of which is eight (8) inches or more above the average level of the adjoining ground.
(142) "Potable Water." Water that is satisfactory for drinking, culinary, and domestic purposes, meeting current drinking water standards.
(143) "Principal Building." A building in which is conducted the main or principal use of the lot on which said building is located; ordinarily the largest building on the lot.
(144) "Principal Use." The main use to which the premises are devoted and the main purpose for which the premises exists; ordinarily the use conducted on the first story of the principal building above the basement.
(145) "Recharge Lagoon." A body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.
(146) "Record Plan." In the case of development under conventional zoning, any drawing or set of drawings that meets the requirements of the Subdivision Regulations for record plans. In the case of development under PD zoning, any drawing or set of drawings which meets the requirements of the Subdivision Regulations and of Step 3 in the Planned Development approval process of this Zoning Code.
(147) "Recreational Vehicle." Any vehicle or equipment designed for or primarily used as a travel trailer, fifth-wheel trailer, camper, motor home, truck camper, tent trailer, boat, boat trailer, snowmobile or snowmobile trailer, motorcycle trailer, or any other trailer incidental to recreational uses.
(148) "Regulated Substances." Substances to be regulated, hereinafter referred to as regulated substances, are chemicals and mixtures or chemicals that are health hazards. Regulated substances include:
(A) 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, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system and agents which damage the lungs, skin, eyes, or mucous membranes;
(B) Mixtures of chemicals that have been tested as a whole and have been determined to be a health hazard;
(C) 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 one (1) percent or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one-tenth (0.1) percent or greater of the composition on a weight per unit weight basis;
(D) Ingredients of mixtures prepared within the WO Wellhead Operation District and the WP Well Field Protection Overlay District in cases where such ingredients are health hazards but comprise less than one-tenth (0.1) percent of the mixture (on a weight per unit weight basis) if carcinogenic or less than one (1) percent of the mixture (on a weight per unit weight basis) if non-carcinogenic;
(E) Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids).
(149) "Residential Zoning District(s)." One or more of the following conventional residential zoning districts identified in this Zoning Code: R-1, R-2, R-3, R-3-B, R-4, R-5, R-6, and R-7.
(150) "Retail Sales." The sale of goods, merchandise, and commodities for consumption or use by the purchaser.
(151) "Right-of-Way." A strip of land purchased or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features required by the topography or treatment, such as grade separation, landscaped areas, viaducts, and bridges.
(152) "Roadside Stand." A temporary structure designed or used for the display or sale of agricultural products.
(153) "Rooming House." A building or part thereof, other than a hotel, motel, or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in individual rooms. Institutional dormitories or buildings or portions of buildings designed, arranged, intended, maintained for, or occupied by fifty (50) or more persons which are let for occupancy by religious, benevolent, charitable, educational, or other nonprofit organizations shall not be deemed a rooming house.
(154) "Screening." Solid walls, solid fences, and/or dense living hedges for the purpose of concealing from view the area behind such structures or evergreen vegetation.
(155) "Semi-nude" or "Semi-nude Condition." A state of dress in which opaque clothing covers not more than the genitals, pubic region, and nipple of the female breast, as well as portions of the body covered by supporting straps or devices.
(156) "Semi-nude Model Studio." Any place where a person, who regularly appears in a state of nudity or semi-nudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.
(Ord. 27-2008. Passed 3-16-09.)
(157) "Setback Line." Where a front or side yard is required along a street, the setback line shall be the minimum horizontal distance between the right-of-way line of the street and a line parallel to the right-of-way line of the street from which any required yard shall be measured unless a principal structure has been erected. If a principal structure exists, the distance measured horizontally from the right-of-way line of the street to the principal structure becomes the required setback line. (Ord. 11-2016. Passed 3-21-16.)
(158) "Sexual Encounter Center." A business or commercial establishment that, as one of its principal business purposes, offers for any form of consideration a place where either of the following occur:
(A) Two (2) or more persons may congregate, associate, or consort for the purpose of engaging in specified sexual activities.
(B) Two (2) or more persons appear nude or semi-nude for the purpose of displaying their nude or semi-nude bodies for the receipt of consideration or compensation in any type or form.
(C) An establishment where a medical practitioner, psychologist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to Ohio R.C. 4731.15, is not a sexual encounter establishment.
(159) "Sexually Oriented Business." Sexually oriented businesses are classified as follows:
(A) Adult Arcades.
(B) Adult Bookstores, Adult Novelty Stores, and Adult Video Stores.
(C) Adult Cabarets.
(D) Adult Motel.
(E) Adult Motion Picture Theaters.
(F) Adult Theater.
(G) Escort Agencies.
(H) Massage Parlor.
(I) Semi-Nude Model Studios.
(J) Sexual Encounter Centers.
(160) "Sign." Any communication device regulated by Section 749 of these Codified Ordinances.
(161) "Specified Anatomical Areas." The cleft of the buttock, anus, male or female genitals, or the female breast.
(162) "Specified Sexual Activity." Any form of the following:
(A) Sex acts, normal or perverted, or actual or simulated, including intercourse, oral copulation, masturbation, or sodomy.
(B) Excretory functions as a part of or in connection with any of the activities described in subsection (A) hereof.
(163) "Story." That portion of a building, other than a cellar or basement (except one used for business or residence) included between the surface of any floor and the surface of the floor next above it or, if there is no floor above it, then the space between the floor and the ceiling next above it.
(164) "Story, Half." A partial story under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls are not more than four (4) feet above the floor of such story, except that any partial story used for residence purposes, other than for a janitor or caretaker or his family, or by a family occupying the floor immediately below it, shall be deemed a full story.
(165) "Street." A public or private thoroughfare which affords the principal means of access to abutting property. The term "Street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare, or any other similar term.
(166) "Structural Alteration." Any change other than incidental repairs, which would prolong the life of supporting members of a building or other structure such as reinforcement or replacement of bearing walls or bearing partitions, columns, beams or girders.
(167) "Structure." Anything constructed, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground. Without limitation on the foregoing, a structure shall include building, fences, walls, billboards, platforms, towers and signs.
(168) "Temporary Use." A use for a limited duration with the intent to discontinue such use upon the expiration of the time period, and usually not involving any construction or alteration of any structure.
(169) "Tower." For the purposes of the wireless telecommunication facility regulations within this Zoning Code, a tower is defined as a self-supporting lattice, guyed, or monopole structure constructed from grade that supports wireless telecommunications facilities. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.
(170) "Travel Time Contour." A locus of points from which water takes an equal amount of time to reach a given destination such as a well or well field.
(171) "Underground Storage Tank." Any one or combination of tanks, including underground pipes connected thereto, which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is ten (10) percent or more beneath the surface of the ground. Flow-through process tanks and septic tanks approved by the Health Department or State Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.
(172) "Use." Any purpose for which a building, structure or a tract of land may be designed, arranged, intended, maintained, or occupied; also, any activity, occupation, business or operation carried on, or intended to be carried on, in a building, structure or on a tract of land.
(173) "Variance." A grant of relief from the requirements of this Zoning Code which permits construction in a manner that would otherwise be prohibited by this Zoning Code, which may be granted only by the Board of Zoning Appeals.
(174) "Well Field." A tract of land that contains a number of wells for supplying water.
(175) "Wholesale Sales." The sale of goods, merchandise, and commodities for resale by the purchaser.
(176) "Wireless Telecommunication Facility." Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term wireless telecommunications facilities shall not include:
(A) Any satellite earth station antenna six (6) feet in diameter or less which is located in an area zoned industrial or commercial.
(B) Any satellite earth station antenna eighteen (18) inches or less in diameter, regardless of zoning category.
(C) Antennas used by amateur radio operators.
(177) "Yard." Open space on a lot that is unoccupied and unobstructed from ground to sky except by trees or shrubbery or as otherwise provided herein.
(178) "Yard, Front." A yard extending along the full length of a front lot line in to a line drawn parallel to such front lot line at a depth equal to the required front yard as stated in this Zoning Code.
(179) "Yard, Rear." A yard extending along the full length of the rear lot line in to a line drawn parallel to such rear lot line at a depth equal to the required rear yard as stated in this Zoning Code.
(180) "Yard, Side." A yard extending along the full length of a side lot line in to a line drawn parallel to such side lot line at a depth equal to the required minimum side yard, or back to the setback line on a corner lot, if such a line exists. The side yard excludes any area encompassed within the front yard or rear yard. Dimensions of minimum side yards specified in the district regulations of this Zoning Code refer to the required width of each side yard rather than to the total width of both side yards, unless otherwise specified.
(181) "Zone of Influence." A zone delineated by iso-travel time contours around well fields. The zone is calculated, based on the rate of movement of groundwater in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.
(182) "Zoning Administrator." The City of Troy Director of Public Service and Safety, or designee, who is responsible for administering and enforcing this Zoning Code.
(183) "Zoning Certificate." That document signed by the Zoning Administrator which certifies that the use to be made of a particular property is a permissible use according to the terms of the Zoning Code, also referred as "Zoning Permit."
(184) "Zoning Map." The Official Zoning District Map of the City described in Section 1141.03 of this Zoning Code, or portion thereof, together with all amendments thereto subsequently adopted.