For the purposes of this Zoning Code, certain terms and words are herein defined. Words used in the present tense shall include the future; the singular number shall include the plural, and the plural the singular; the word "building" shall include the word "structure," and the word "shall" is mandatory and not directory. In addition, unless the context indicates a different meaning, the following words and terms shall be defined as used in this Zoning Code:
(1) "Accessory use." An accessory use is a use, building or structure that is subordinate or customarily incident to, and located on the same lot occupied by, the main use or building.
(2) "Administrative Officer." See Zoning Administrative Officer.
(3) "Agricultural roadside stand." See "roadside stand, agricultural".
(4) "Agriculture." The use of land for agricultural purposes, including farming, dairy, pasturage, apiculture, horticulture, floriculture, viticulture, animal and poultry husbandry and necessary accessory uses for parking, treating or storing the produce.
(5) "Alley" or "lane." A public or private way affording only secondary means of access to abutting property.
(6) "Animal hospital or veterinarian clinic." A building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds and farm animals by a licensed veterinarian.
(7) "Apartment." See "dwelling, multiple family".
(8) "Applicant." The owner of real estate or an appointed agent of the owner, who makes application to the City for action by the Planning Commission or Board of Zoning Appeals.
(9) "Assisted living facility." A residential care facility, other than a licensed nursing home, that provides personal care for persons with impairments in performance of activities of daily living and has the capacity to meet unscheduled needs for assistance. Typical to this facility is that each residence is private occupancy, furnished by occupant, with food service, laundry and gathering areas shared in the facility.
(10) "Banquet facility." A facility or hall available for lease or rent for private parties for receptions or gatherings.
(11) "Bar" or "tavern." An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.
(12) "Barn" or "stable." A building or structure used exclusively for the storage of grain, hay and other farm products and/or the sheltering of livestock or farm equipment.
(13) "Basement." A story having part but not more than one-half of its height above grade and used for storage, for garages for use of the occupants of the building, for janitor or watchman quarters, or for other utilities common for the rest of the building. A basement used for the foregoing purposes shall not be counted as a story.
(14) "Bed and breakfast establishment (B&B)." A converted, owner-occupied, single-family dwelling operated and maintained by the owner-occupant which allows for and accommodates no more than four rooms for overnight transient guests wherein lodging and breakfast only are provided such transient guests, and whereas signage, tax, fire, building and health requirements are met according to local zoning, county and State regulations. A bed and breakfast inn shall be subordinate to the principal use of a single-family dwelling.
(15) "Billboard" or "signboard." Any structure or portion thereof, situated on private premises, on which lettered figured or pictorial matter is displayed for advertising purposes, other than the name and occupation of the user of the premises or the nature of the business conducted thereon or the products primarily sold or manufactured thereon, or any such structure or portion thereof the area of which, devoted to advertising purposes, exceeds 100 square feet. This definition shall not be held to include any board, sign or surface used to display any official notices issued by any court or public office, or posted by a public officer in the performance of a public duty, or bulletin boards used to display announcements of meetings to be held on the premises whereon such bulletin boards are located, nor shall it be held to include a real estate sign advertising for sale or rent the property upon which it stands.
(16) "Board." The Board of Zoning Appeals of Wapakoneta, Ohio.
(17) "Buffer" or "bufferyard." An area of healthy and viable vegetation, natural or planted, adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving or portion of such land use, for the purposes of separating, screening and softening the effects of the land use.
(18) "Building." Any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property. When such a structure is divided into separate parts by one or more unopened, continuous walls extending from the ground up, each part is deemed a separate building, except as regards minimum side yards and requirements as hereinafter provided.
(19) "Building, height of." The vertical distance from the finished grade to the highest point of the coping of the roof, as measured at the front of the building.
(20) "Building materials sales yard." Land or partially enclosed structures used for the storage and sale of building and construction materials including, but not limited to: lumber, roofing materials, brick, stone and windows.
(21) "Bulk storage or display." The storage or display of two or more items which are identical or nearly identical examples of which would include but are not limited to raw materials, firewood, mulch, fertilizer, building materials, building maintenance products, packaged food products, soft drinks, salt products, furniture and household goods, statuary and other manufactured concrete products, and like items.
(22) "Car wash." A building or structure where chain conveyors, blowers, steam cleaners, spray wands or hoses, and other mechanical devices are employed for the purpose of washing motor vehicles.
(23) "Cellar." A story the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
(24) "Cemetery." Land used or intended to be used for the burial of the human dead or animal dead and dedicated for internment purposes, including columbaria, crematories, mausoleums and mortuaries if operated in connection with and within the boundaries of such cemetery.
(25) "Certificate." See "zoning certificate".
(26) "Child care center." An establishment providing for the care, supervision and protection of children.
(27) "Clinic." A licensed medical or dental facility in the State of Ohio used for the care, diagnosis and treatment of sick, ailing, infirm and injured persons who are not provided with board or room or kept overnight on the premises.
(28) "Club." A building or portion thereof or premises owned or operated by a corporation, association or other person or persons for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business. Clubs shall exclude religious places of worship or groups organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(29) "Commission." The City Planning Commission of Wapakoneta, Ohio.
(30) "Commercial entertainment." A facility for any profit making activity which is generally related to spectator entertainment such as motion picture theaters, concert halls, stadiums, arenas and theaters for live performance.
(31) "Commercial recreation." Land or facilities, operated for profit and which is open to the general public for a fee that shall include, but is not limited to: water parks, rollerblade rental, billiard parlors, video amusement parks, arcades, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, ice skating rinks, batting cages or swimming pools.
(32) "Community center." A building used for recreational, social, educational and cultural activities, open to the public, owned and/or operated by a public or non-profit group or agency.
(33) "Comprehensive Plan." The long-range plan for the desirable use of land in the City, as officially adopted and as amended from time to time by the Planning Commission. The purpose of such Plan is, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs in the subdivision and use of undeveloped land, and in the acquisition of rights-of-way or sites for public purposes, such as streets, parks, schools and public buildings.
(34) "Conditional use." A use which is permitted in a district only if a Conditional Use Permit is expressly authorized by the Planning Commission in accordance with Chapter 1252.
(35) "Condominium." See "dwelling, multiple family".
(36) "Conference center." A facility used for conferences and seminars, with accommodations for food preparation and eating, meeting rooms and resource facilities. Ancillary uses may include accommodations for sleeping, recreation and entertainment.
(37) "Contractor equipment storage yard." An unenclosed portion of a lot or parcel on which a construction contractor maintains its principal office or a permanent business office for the storage and maintenance of construction equipment and other materials customarily used in the trade carried on by the construction contractor.
(38) "Convalescent home." A building or group of buildings, public or private, which provides personal care or nursing to ill, physically infirm or aged persons who are not related by blood or marriage to the operator, after they leave the hospital but before they are released from observation and treatment.
(39) "Convenience retail." A business that customarily provides prepackaged food products, and beverages for consumption off premises, newspapers, magazines, limited groceries and household items or other small scale retail items for sale to the general public. See also "retail business".
(40) "Council." The City Council of Wapakoneta, Ohio.
(41) "Court." An open unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings.
(42) "Country club." Land and buildings normally containing golf courses, recreational facilities, a club house and other accessory uses open only to members and their guests.
(43) "Crematorium." A building containing a furnace for the incineration of corpses.
(44) "Day care center." See "child care center".
(45) "Density." The number of dwelling units or gross square footage per acre of land.
(46) "Dental clinic." See "clinic".
(47) "Display room" (also "merchandise showroom" or "catalogue showroom"). A building that displays merchandise for sale to the general public that is not stored at the same location as the display.
(48) "District." A portion of the territory of the City of Wapakoneta within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code.
(49) "Drive-in or drive-through facility." Any portion of a building or structures from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.
(50) "Driveway." A private improved way providing access for vehicles from a road or alley to a garage, carport or dwelling that may also be used for off-street parking for vehicles for the dwelling occupants.
(51) "Dwelling." Any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach.
A. "Dwelling group." A group of two or more detached dwellings located on a parcel of land under a single ownership and having any yard or court in common.
B. "Dwelling, multi-family." A building or portion thereof designed for or used by three or more families or housekeeping units.
C. "Dwelling, single-family attached." A single-family dwelling attached to two or more one-family dwellings by common vertical walls, with each dwelling located on a separate lot. This type of use can include, but not be limited to: townhouses, row houses, condominiums, patio homes or other types of zero lot line dwellings.
D. "Dwelling, single-family detached." A building designed for or used exclusively for residence purposes by one family or housekeeping unit.
E. "Dwelling, two-family." A building designed for or used exclusively by two families or housekeeping units.
F. "Dwelling unit." One room, or a suite of two or more rooms, designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette.
(52) "Easement." A legally recorded document by a public entity or utility for use by the public entity or utility company to install, locate, operate and maintain utilities essential for public services including, but not limited to: wires, pipes and poles for the transmission of sewer, water, cable TV, telephone, electric and natural gas. Easements include both above and underground utilities.
(53) "Educational institution." A public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools and technical, vocational and collegiate level courses. For the purposes of this Zoning Code, a home school is not considered an educational institution.
(54) "Essential services." The erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies.
(55) "Family." One or more persons occupying a dwelling and living as a single housekeeping unit under a common housekeeping plan based on an intentionally structured relationship providing organization and stability, as distinguished from a group occupying a boarding house, or hotels, as herein defined.
(56) "Fence." A man-made barrier, divider or vegetative hedge, intended to prevent escape or intrusion, to mark a boundary or to enclose an area. Such a barrier or divider usually consists of posts and wire or boards as its principal components when man-made or consisting of vertically dense woody vegetation when naturally grown.
(57) "Financial institution." A building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATM's), credit unions, savings and loan institutions and mortgage companies that are FDIC or NCUA insured. For the purposes of this Zoning Code, check cashing, payday loan businesses or similar type facilities are not considered financial institutions.
(58) "Floor area." The sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.
(59) "Forest." An area or stand of trees, the majority of which are greater than 12 inches caliper, covering an area greater than one-quarter acre or a grove of mature trees without regard to minimum area consisting of a substantial numbers of individual specimens.
(60) "Frontage." All the property on one side of a street between two intersecting streets (crossing or terminating), measured along the line of the street, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead-end of the street.
(61) "Garage, private." A detached accessory building or a portion of the principal building used only for the storage of motor vehicles or trailers or other personal property owned by the individuals residing upon the premises and provided, further, that, except on a farm, such garage shall not be used for the storage of more than one commercial vehicle of greater than one and one-half ton rated capacity per family residing upon the premises.
(62) "Garage, public." A structure or portion thereof, other than a private garage, used for the temporary storage.
(63) "Golf course." Land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways and hazards which may include a clubhouse and/or shelter.
(64) "Grade." For the purposes of this Zoning Code, grade shall be defined as follows:
A. For buildings having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street.
B. For buildings having walls adjoining more than one street, the average of the elevation of the sidewalk at the centers of all walls adjoining the streets.
C. For buildings having no wall adjoining the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building.
(65) "Grain elevator." A structure or group of structures used for the storage and distribution of grain.
(66) "Highway, major." A street or road of considerable continuity and used primarily as a traffic artery for intercommunication among large areas.
(67) "Home occupation." Any occupation which is customarily incidental to the principal use of the dwelling and is conducted by a resident occupant that does not alter the exterior of the property or affect the residential character of the neighborhood.
(68) "Hospital." A building or portion thereof used for the accommodation of sick, injured or infirm persons, and including related facilities such as laboratories, out-patient departments, training facilities, central service food and housekeeping facilities, and staff offices that are an integral part of the facilities.
(69) "Hotel." A building in which lodging is provided to the public for compensation and in which ingress to and egress from all rooms are made through an inside lobby or office supervised by a person in charge at all hours and where additional accessory services such as restaurants, meeting rooms and fitness facilities may be an integral part of the facility.
(70) "Impervious surface." Any hard-surfaced, man-made area that does not readily absorb or retain storm water, including but not limited to building roofs, traditionally paved parking and driveway areas and sidewalks.
(71) "Impervious surface ratio." A measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the total area of the site or lot.
(72) "Industrial use." The assembly, fabrication or processing of goods and materials; or any operation or facility including buildings, equipment structures, or stationary items used for industrial purposes.
(73) "Industrial use, heavy." The assembly, fabrication, or processing of goods and materials using processes that ordinarily create noise, smoke, fumes, odors, glare, or potential safety hazards (e.g. explosive materials or processes).
(74) "Industrial use, light." The assembly, fabrication, or processing of goods and materials using processes that ordinarily do not create noise, smoke, fumes, odors, glare, or health or safety hazards outside of the building or lot which such assembly, fabrication, or processing takes place, where such processes are housed entirely within a building.
(75) "Industry." Storage, repair, manufacture, preparation or treatment of any article, substance or commodity.
(76) "Institution." A building occupied by a non-profit corporation or a non-profit establishment for public or semi-public use.
(77) "Junk." Any scrap, waste, reclaimable material, or debris, whether or not stored, for sale or in the process of being dismantled, destroyed, processed, salvaged, stored, baled, disposed or other use or disposition.
(78) "Junk yard." Any lot or premises used for the storage, collection, processing, purchase, sale, salvage or disposal of junk.
(79) "Kennel." A commercial establishment in which dogs or other domesticated animals are housed, groomed, bred, boarded, trained, or sold, all for a fee or compensation.
(80) "Land use plan." See "Comprehensive Plan".
(81) "Landfill." A disposal site in which refuse and earth, or other suitable cover material, are deposited and compacted in alternate layers of specified depth and in accordance with a plan approved by the Ohio Environmental Protection Agency.
(82) "Laundromat." An establishment providing home-type washing, drying or ironing machines for hire, to be used by customers on the premises.
(83) "Loading space." An off-street space or berth on the same lot with a building it is providing service to, or contiguous to a group of buildings, for the temporary parking of a vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(84) "Lot." A parcel of land occupied or intended for occupancy by a use permitted in this Code, including one main building together with its accessory buildings, and the open spaces and parking spaces required by this Code, and having its principal frontage upon a street or upon an officially approved place.
A. "Lot, corner." A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the "corner".
B. "Lot, double frontage." A lot having a frontage on two nonintersecting streets as distinguished from a corner lot.
C. "Lot, interior." A lot other than a corner lot.
D. "Lot of record." A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder or Auditor of Auglaize County.
(85) "Lot, depth." The mean horizontal distance between the front and the rear lot lines.
(86) "Lot, minimum area of." The area of a lot computed exclusive of any portion of the right-of-way of any public thoroughfare.
(87) "Lot area." The total area contained within the lot lines.
(88) "Lot line." The property lines bounding the lot.
A. "Lot line, front." The line separating the lot from the street on which it fronts.
B. "Lot line, rear." The lot line opposite and most distant from the front lot line.
C. "Lot line, side." Any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(89) "Lot width." The mean width of the lot measured at right angles to its depth.
(90) "Manufacturing." See "industrial".
(91) "Maximum lot coverage." The greatest amount of any hard-surfaced, man-made area that does not readily absorb or retain storm water, including but not limited to building roofs, parking and driveway areas and sidewalks, that is permitted by zoning district on an individual lot. Maximum lot coverage is expressed in percent therefore a maximum lot coverage of 70% means that 70% of the lot can be covered by a hard surface.
(92) "Medical clinic." See "clinic".
(93) "Mobile home." Any vehicle or mobile structure on wheels, skids, rollers or blocks, designed to be pulled, pushed or carried by motor vehicles on a highway and used for living as a dwelling, complete and ready for occupancy as such except for minor and incidental packing and assembly operations, location on permanent foundations, connection to utilities, and the like.
(94) "Mobile home park." A site containing spaces with required improvements and utilities that are leased for the long-term placement of mobile homes and that may include services and facilities for the residents.
(95) "Modular home." Factory-built housing certified as meeting the requirements of the Ohio Basic Building Code (OBBC), as the same are applicable to modular housing. Once certified by the State, modular homes shall be subject to the same zoning standards as site-built homes.
(96) "Motel." A building or group of buildings, comprising individual sleeping or living units attached in groups of three or more per building, for the accommodation of transient guests, not containing individual cooking or kitchen facilities, where rooms are accessed from the off-street parking area. Additional accessory services such as restaurants, meeting rooms and fitness facilities may be an integral part of the motel facility.
(97) "Motor vehicle, truck, trailer or farm implement sales and service." An open area, other than a street, used for the display, sale or rental of new or used automobiles, passenger trucks, recreational vehicles, motorcycles or trailers, semi-trucks, and farm equipment in operable condition and on which minor repair work may be done.
(98) "Motor vehicle repair, major." General repair, rebuilding or reconditioning of engines, motor vehicles, recreational vehicles, or trailers; collision service, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
(99) "Motor vehicle repair, minor." Replacement of parts and motor service to passenger cars, trucks and recreational vehicles, not exceeding one and one-half tons capacity, but not including any operation named under "automobile repair, major," or any other operation similar thereto.
(100) "Motor vehicle filling station." A place where gasoline, kerosene or any other motor fuel, or lubricating oil or grease, for operating motor vehicles, is offered for sale to the public and where deliveries are made directly into motor vehicles, including greasing and oiling on the premises. Convenience retail may or may not be a part of this type of use.
(101) "Nonconforming building." A building or structure legally existing and/or used at the time of adoption of this Zoning Code, or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use but not in respect to height, area, yards, courts or distance requirements from more restricted districts or uses shall not be considered a nonconforming use.
(102) "Nonconforming lot." A lot or parcel of land which was lawfully created at the time of adoption of this Zoning Code, or any amendment thereto, which does not conform to the minimum requirements specified for the zone in which it is located.
(103) "Nonconforming use." A building, structure or premises legally existing and/or used at the time of adoption of this Zoning Code, or any amendment thereto, and which does not conform to the use regulations of the district in which it is located.
(104) "Nursery school." See "child care center".
(105) "Nursing home." A public or privately operated place of domicile or other facility, licensed by the State of Ohio, which offers skilled nursing and dietary care for persons who are ill or incapacitated, or service for the rehabilitation of persons who are convalescing from illness or incapacitation. See definition for "convalescent (rest home)".
(106) "Office, professional, administrative or business." A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.
(107) "Open space." Land used for natural resource protection, recreation, amenity and/or buffers.
(108) "Outdoor storage." The keeping, in an unenclosed area, of personal or business property, goods, junk, wares, or merchandise that are not located in that specific spot for customer viewing or immediate sale, in the same place, for a period of more than 24 hours. See also "bulk storage or display".
(109) "Overlay district." A district established by ordinance to prescribe special regulations to be applied to a site in combination with the underlying zoning district regulations.
(110) "Park." Any land owned by a public agency and open for use by the general public for active or passive recreational purposes or as a refuge for wildlife.
(111) "Parking lot, private." An open area for the same uses as a private garage.
(112) "Parking lot, public." An open area, other than a street or other public way, used for the parking of automobiles and available to the public, whether for a fee, free or as an accommodation for clients or customers.
(113) "Parking space." A permanently surfaced area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of a motor vehicle.
(114) "Patio." An uncovered or covered area, permanently surfaced or constructed, the use of which is customarily incident to that of the main use of the land and which is located on the same lot with the main building or use.
(115) "Performance standards." Criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(116) "Personal service." Any for-profit enterprise which primarily offers services to the general public such as a health club, day spa, nail salon, fitness facility, shoe repair, watch repair, barber shop, beauty parlor, laundromat, dry cleaner and similar activities. Personal services do not include sexually oriented business.
(117) "Place." An open, unoccupied space or a public or private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.
(118) "Playground." An active recreational area with a variety of facilities including equipment for children as well as court and field games.
(119) "Principal permitted use." A use which is permitted outright in a district for which a zoning certificate may be issued by the Zoning Administrative Official in accordance with Chapter 1252.
(120) "Professional service." An occupation involving the dispensation of a licensed service that involves either some skill or knowledge, or that requires connections to other businesses not easily or readily available to the general public such as a funeral home, heating and cooling business, plumber or landscaping company.
(121) "Public facility and building." Any building, structure, facility, or complex used by the general public, whether constructed by any state, county or municipal government agency or agent thereof. This shall include, but not be limited to: government buildings, fire station, police station, post office, library, treatment plant, water tower, community or recreation center, or government maintenance facility.
(122) "Public utility." Any closely regulated governmental enterprise with a franchise for providing a utility service deemed necessary for the public health, safety and welfare.
(123) "Quarry." An open land area where rock, stone, ore, sand, soil and similar materials are excavated for sale or for off-site use.
(124) "Recreation center." A building designed and equipped for the conduct of sports and leisure time activities including, but not limited to, court sports, weightlifting room, activities rooms, gyms and swimming pools.
(125) "Recycling center." A lot or parcel, with or without buildings, where used materials are separated and processed for eventual reuse in new products.
(126) "Religious place of worship." A building or land for the assembly of a congregation of people regularly attending or holding religious services, meeting and other related secondary activities.
(127) "Research and development facility." An establishment in which scientific research, investigation, prototype development and process development, testing or experimentation is conducted, excluding the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.
(128) "Residential floor area." The area of a dwelling devoted to living purposes, including stairways, halls and closets, but excluding porches and space used for a garage or carport.
(129) "Rest home." See "convalescent home".
(130) "Restaurant." An eating establishment where food is prepared and served at counters or tables for consumption on or off-premise.
(131) "Restaurant, fast food." An establishment whose principal business is the sale of pre-prepared or rapidly prepared food, in disposable containers, directly to the customer in a ready-to-consume state for consumption either on or off-premises.
(132) "Retail business." Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. See also "convenience retail."
(133) "Riding stable." An establishment where horses are boarded and cared for and where instruction in riding, jumping and showing is offered and where horses may be hired for riding.
(134) "Roadside stand, agricultural." A temporary structure less than 300 square feet, not permanently affixed to the ground, for the display and sale of agricultural products that may or may not be grown on premise.
(135) "Salvage yard." A place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including auto wrecking yards, house wrecking yards, used lumber yards and places or yards for the storage of salvaged house wrecking and structural steel materials and equipment.
(136) "Setback." The line beyond which no building or part thereof shall project, except as otherwise provided by this Zoning Code. "Setback" shall include the front, side and rear yard setback lines.
(137) "Sexually oriented business." A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
A. "Adult book store." An establishment deriving a majority of its gross income from the sale or rental of, or having a majority of its stock in trade in books, magazines or other periodicals, films or mechanical or non-mechanical devices, which constitute adult materials.
B. "Adult material." Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch and:
1. Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination; or
2. Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions or elimination.
C. "Adult motion picture theater." An enclosed motion picture theater or motion picture drive-in theater used for presenting, and deriving a majority of its gross income from adult material for observation by patrons therein.
D. "Adults only entertainment establishment." An establishment which features services which constitute adult material, or which features exhibitions of persons totally nude, or topless, bottomless, strippers, male or female impersonators, or similar entertainment which constitute adult material.
(138) "Sign." Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or services.
(139) "Sign, area of." The total exterior surface, computed in square feet, of a sign having only one exposed exterior surface, or one-half the total of the exposed exterior surface, computed in square feet, of sign having more than one surface.
(140) "Sign, awning." A sign painted, attached, embossed or affixed to a fixed or retractable awning. An awning shall be considered any roof like cover that projects from and is affixed to the side of a building for the purpose of shielding a window, door or patio from the elements.
(141) "Sign, banner." A sign of lightweight fabric, canvas, plastic or similar material that is temporarily mounted between or to a pole, building or fence.
(142) "Sign, billboard." A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity offered, sold or conducted elsewhere than upon the lot on which the sign is located. Billboard signs are also referred to as off-premise signs.
(143) "Sign, bulletin board." An on-premise sign which is primarily intended to announce events that contain noncommercial messages.
(144) "Sign, canopy." A sign attached to the side, or underside of a canopy at a ninety degree angle to the street, intended for pedestrian visibility. A canopy shall be considered a roof like cover that is not attached to a building or wall and is fully supported by columns.
(145) "Sign, changeable copy." A sign or portion thereof where the message or graphic is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over, manually or by electronic or mechanical devices.
(146) "Sign, directional." A sign indicating a direction or location to which pedestrian or vehicular traffic is requested to move.
(147) "Sign, freestanding." A sign which is supported wholly by a pole or poles and is designed so as to permit at least six feet of visibility under the sign face.
(148) “Sign, ground.” A sign suspended or supported by one or more uprights or braces anchored in the ground with no more than 30 inches clearance from the bottom of the sign to the ground below.
(149) "Sign, identification." A sign which is primarily intended to indicate the name, owner, manager and/or address of an existing building or business.
(150) "Sign, informational." A sign which presents miscellaneous information or instructions intended to serve the public, rather than to promote a business, product, political viewpoint or issue.
(151) "Sign, political." A temporary sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.
(152) "Sign, portable." A sign which is designed to be transported and is not physically attached to any part of a building or ground.
(153) "Sign, projecting." A sign erected on the outside wall of a building and which projects out at an angle greater than zero degrees therefrom.
(154) "Sign, real estate." A temporary sign directing attention to the promotion, development, construction, rental, sale or lease of a property on which it is located.
(155) "Sign, roof." Any sign erected upon and positioned completely or partially over the roof of any building.
(156) "Sign, temporary." A sign of any type, announcing special events or political activities, sales, to announce the sale, lease or rental of property and which is designed to be used for a specific period of time.
(157) "Sign, wall." A sign attached to or displayed or painted on an exterior wall and in a manner parallel with the wall surface.
(158) "Sign, window." A sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door, that is intended to be viewed from the outside of a building.
(159) "Site plan." A plan, prepared to scale, showing accurately and with complete dimensions, the boundaries of a site and the location of all buildings, structures, uses and principal site development features proposed for a specific parcel of land.
(160) "Story." That portion of a building, other than a cellar, 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.
A. "Story, first." The lowest story or the ground story of any building the floor of which is not more than 12 inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his or her family, shall be deemed the first story.
B. "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 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 or her family, or by a family occupying the floor immediately below it, shall be deemed a full story.
(161) "Street." A public or private thoroughfare which affords the principal means of access for motor vehicles to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
(162) "Street line." A dividing line between a lot, tract or parcel of land and a contiguous street.
(163) "Structural alteration." Any change which would tend to prolong the life of a supporting member of a structure, such as bearing walls, columns, beams or girders.
(164) "Structure." Anything constructed or erected, the use of which requires more or less permanent location on the ground or attachment to something having a permanent location on the ground, including, but without limiting the generality of the foregoing, advertising signs, billboards, backstops for tennis courts and pergolas.
(165) "Swimming pool." A permanently constructed or portable water-filled enclosure, having a depth of more than 18 inches below the level of the surrounding land or an above surface enclosure having a depth of more than 30 inches, designed, used and maintained for swimming or bathing purposes.
(166) "Tavern." See "bar or tavern".
(167) "Thoroughfare Plan." The official Major Thoroughfare Plan of the City, as adopted by the City Planning Commission, establishing the location and official right-of-way widths of principal highways and streets in the City, on file in the office of the Clerk of Council and the City Planning Commission, together with all amendments thereto subsequently adopted.
(168) "Training center." A facility providing education and training involving job related skills, certification or licensure.
(169) "Truck transfer terminal." A facility where trucks load and unload cargo and freight and where the cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
(170) "Use." The purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is or may be occupied or maintained.
(171) "Use first permitted in any district." A use which, in the sequence of successively less restricted districts, occurs as a permitted use for the first time in any district.
(172) "Variance." A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public health, safety, or welfare and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(173) "Veterinary hospital." See "animal hospital".
(174) "Warehouse." A building used primarily for the storage of goods and materials.
(175) "Wholesale facility." An establishment engaged in selling merchandise to retailers; industrial, commercial, institutional or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(176) "Wildlife reservation." Land set aside, in its natural state, for animal habitats.
(177) "Yard." An open space at grade between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring a yard for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building or any projections thereof, other than the projections of the usual uncovered steps, uncovered balconies or uncovered porch, shall be used. (See yard graphic on following page.)
A. "Yard, front." A yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and the main building of any projections thereof. On corner lots, the front yard shall be considered as parallel to the street or streets upon which the lot has its least dimensions.
B. "Yard, rear." A yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projections thereof. On all lots, the rear yard shall be opposite the front yard and primary entrance to the building.
C. "Yard, side." A yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard and being the minimum horizontal distance between a side lot line and the side of the main buildings and any projections thereof.
(178) "Zoning Administrative Officer." The Zoning Administrative Officer or his or her authorized representative appointed by the Director of Public Service and Safety of the City of Wapakoneta Ohio, also referred to herein as the Administrative Officer.
(179) "Zoning certificate." The document issued by the Zoning Administrative Officer authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.
(180) "Zoning District Map." The Zoning District Map or Maps of the City of Wapakoneta, together with all amendments subsequently adopted.
(Ord. 2010-29. Passed 7-5-10; Ord. 2015-34. Passed 10-5-15.)