(A) General definitions. Words denoting the masculine gender shall be deemed to include the feminine and neuter genders. Words in the singular shall include the plural and words in the plural shall include the singular. A general term following specific enumeration of terms is not to be limited to the class enumerated unless expressly so limited.
(B) General interpretation. Except where specifically defined herein, all words used in this Zoning Code shall carry customary meanings. Words used in the present tense include the future tense; the plural includes the singular and the singular includes the plural; the word “lot” includes the words “parcel” and “plot”; the word “building” includes the word “structure”; the word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement; the words “used” or “occupied” include the words “intended, designed or arranged to be used or occupied”; and the word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual. Words not particularly defined herein shall be defined as found in The Illustrated Book of Development Definitions, Center for Urban Policy Research, Rutgers University. If not defined therein, words shall be defined as found in Webster’s New Universal Unabridged Dictionary.
(C) Specific definitions.
ACCESS DRIVE. A way or means of approach to provide physical entrance to a property, as in driveway or curb cut.
ACCESSORY USE OR STRUCTURE. A use of land or of a structure or portion thereof customarily incidental and subordinate to the principal use of the land or structure and located on the same lot with such principal use.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or slug-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 where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing “specified sexual activities” or “specified anatomical areas”.
ADULT BOOKSTORE, ADULT NOVELTY STORE, or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more 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 of “specified sexual activities” or “specified anatomical areas”;
(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 themselves or others; or
(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 adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which exhibit or describe “specified anatomical areas” or “specified sexual activities”.
ADULT CABARET. A nightclub, bar, juice bar, restaurant, bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features: persons who appear semi-nude; live performances which are characterized by “specified sexual activities”, or films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas”.
ADULT ENTERTAINMENT USES. Any use of a sexual nature, including retail establishments selling publications and other material of a sexual nature, adult motion picture theater used for presenting films and other material of a sexual nature, and adult only entertainment establishment featuring services of a sexual nature.
ADULT MOTEL. A motel, hotel, or similar commercial establishment which: offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by their emphasis upon the exhibition or description of “specified sexual activities” or “specified anatomical areas” and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio, or television; or offers a sleeping room for rent for a period of time less than ten hours; or allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.
ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or similar photographic reproductions which are 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.
ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in state of semi-nudity or live performances which are characterized by their emphasis upon “specified sexual activities”.
AGENT. The representative of the applicant. The authority of the representative shall be established to the satisfaction of the Village Manager.
AGRICULTURE. The production, keeping, or maintenance, for sale, lease, or personal use of plants and animals useful to humans, including, but not limited to: forages and sod crops; grains and seed crops; dairy animals and dairy products, poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules, or goats, or any mutations or hybrids thereof, including the breeding and grazing of any or all of such animals; bees and apiary products; fur animals; trees and forest products; fruits of all kinds, including grapes, nuts and berries; vegetables; nursery, floral, ornamental, and greenhouse products; or lands devoted to a soil conservation or forestry management program.
ALLEY or LANE. A public right-of-way not less than 20 feet or more than 30 feet wide which affords only a secondary means of access to property abutting thereon.
ALTERATION. Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders, or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically, or the moving of a building or structure from one location to another.
ANIMAL HOSPITAL. A place which animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the hospital use.
ATTENTION-GETTING DEVICE. A device designed or intended to attract by noise, sudden intermittent or rhythmic movement, physical change, or lighting change, such as banners, flags, streamers, balloons, propellers, whirligigs, search lights, and flashing lights.
ATTIC. The part of a building which is immediately below and wholly or partly within the roof framing.
AUTOMOBILE. A self-propelled free moving vehicle, with four or more wheels, primarily for conveyance on a street or roadway.
(a) AUTOMOBILE SALES or TRAILER SALES. The use of any building, land area, or other premises for the display, sale, and rental of new or used automobiles, panel trucks or vans, trailers, or recreation vehicles and where warranty repair work and other repair service incidental to such sales is conducted.
(b) AUTOMOBILE SERVICE STATION. Any building, land area or premises, or portion thereof, used or intended to be used for the retail dispensing or sales of vehicular fuels; and including as an accessory use the sale and installation of lubricants, tires, batteries, and similar services.
(c) AUTOMOBILE WASH and AUTOMATIC CAR WASH. Any building or premises or portions thereof where mechanical devices are used for washing automobiles.
(d) AUTOMOBILE REPAIR SERVICES and GARAGES. Establishments primarily engaged in furnishing automobile repair, rental, leasing, and parking services to the general public.
AUTOMOTIVE. Motor vehicle dealers (new and/or used); truck dealers (new and/or used); tire, battery, and accessory dealers; miscellaneous aircraft, marine, and automotive dealers; automotive rentals; and automobile services except repair.
BASEMENT. A space having one-half or more of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of not less than six and one-half feet.
BEDROOM. A private room planned and intended for sleeping, separable from other rooms by a door, and accessible to a bathroom without crossing another bedroom or living room.
BOARDING HOME FOR SHELTERED CARE. Home for the sheltered care of adult persons which, in addition to providing food and shelter to four or more persons unrelated to the proprietor, also provides any personal care or service beyond orphans, foster children, the elderly, and battered persons.
BUFFER STRIP. A land area used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.
BUILDABLE AREA. The area of a lot remaining after the minimum yard and open space requirements of this Zoning Code have been met.
BUILDING. Any structure having a roof supported by columns or walls and intended for the shelter, housing, or enclosure of any individual, animal, process, equipment, goods, or materials of any kind or nature.
(a) BUILDING, ACCESSORY. A subordinate structure on the same lot as the principal or main building or use occupied or devoted to a use incidental to the principal use.
(b) BUILDING COVERAGE. The horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.
(c) BUILDING HEIGHT. The vertical distance of a building measured from the average elevation of the finished grade within 20 feet of the structure to the highest point of the roof.
(d) BUILDING LINE. A line parallel to the street line at a distance therefrom equal to the depth of the front yard required for the zoning district in which the lot is located.
(e) BUILDING, PRINCIPAL. The main building or use occupied or devoted to a permitted use on the property.
CALIPER (TREE). The trunk diameter in inches of a tree measured at four feet from the ground.
CARPORT. A roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.
CARRY-OUT RESTAURANT. An establishment which by design of physical facilities or by service or packaging procedures permits or encourages the purchase of prepared ready-to-eat foods intended primarily to be consumed off the premises, and where the consumption of food in motor vehicles on the premises is not permitted or not encouraged.
CEMETERY. Property used for the interring of the dead.
CENSUS TRACT. Areas into which communities are divided by the United States Department of Commerce, Bureau of the Census, for statistical purposes.
CENTRAL BUSINESS DISTRICT. The east and west sides of Main Street from the southern village corporation limit, north to Church Street, east on High, Miami, North and Franklin Streets to State Route 42, west on South, High, Miami, North and Chapman to first alley on the west side of Main Street.
CERTIFIED ARBORIST. Any individual certified by the National Arborist Association.
CHIMNEY. A structure lesser in function than a smoke stack and containing one or more flues for drawing off emissions from stationary sources of combustion.
CHURCH or HOUSE OF WORSHIP. A building or structure or groups of buildings or structures which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith.
CLERK. The Clerk of Council of the village.
CLUSTER. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and preservation of environmentally sensitive features.
COMMERCIAL USE. Any activity carried out for pecuniary gain.
COMMISSION. The Planning Commission of the village.
COMMUNITY ASSOCIATION or HOMEOWNERS ASSOCIATION. An association organized to own, maintain, and operate common facilities and to enhance and protect their common interests.
COMPREHENSIVE PLAN. The plan or plans made and adopted by the village as may be amended, indicating the general locations recommended for the principal streets, parks, public buildings, zoning districts, historic districts, wellhead protection districts, character and extent of community development, and other physical aspects of urban and rural planning.
CONDOMINIUM. A building or group of buildings in which units are owned individually and the structure, common areas, and facilities are owned by all the owners on a proportional, undivided basis.
CONDOMINIUM ASSOCIATION. The community association which administers and maintains the common property and common elements of a condominium.
CONGREGATE HOUSING. A dwelling providing shelter and services for the elderly which may include meals, housekeeping, and personal care assistance.
CONVENIENCE FOOD MARKET. A retail establishment offering for sale limited food, beverage, and related consumer products with or without on premises preparation of food and beverages.
COUNCIL. The Village Council of the village.
COUNTY. Warren County, Ohio.
CRAWL SPACE. A space with more than one-half of its floor-to-ceiling height below the average level of the adjoining ground and with a floor-to-ceiling height of less than six and one-half feet.
CUSTOMARY AGRICULTURAL OPERATIONS. See AGRICULTURE.
DAY CARE CENTER. A private establishment enrolling children and where tuition, fees, or other forms of compensation for the care of the children is charged, and which is licensed or approved to operate as a day care center.
DECORATIVE FEATURES. Any approved natural or constructed feature, including mulch, gravel, stone, brick, sculpture, and lighting.
DENSITY. The number of dwelling units per unit of land. To determine DENSITY, divide the total number of dwelling units by the net developable site as measured in acres. (See NET DEVELOPABLE SITE).
DEVELOPMENT. Any human-made change to improved or unimproved real estate.
DIRECTOR. The Director of Inspection and Engineering of the village, or authorized representative.
DISTINGUISHED OR CHARACTERIZED BY AN EMPHASIS UPON. The dominant or principal theme of the object described by such phrase. For instance, when the phrase refers to films
“which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas”, the films so described are those whose dominant or principal character and theme are the exhibition or description of the enumerated sexual activities.
DRIVE-IN (DRIVE THRU) RESTAURANT. A building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all or a significant portion of the consumption takes place or is designed to take place outside the confines of the building, often in a motor vehicle on or off the site.
DRIVE-IN (DRIVE THRU) USE. An establishment which by design, physical facilities, service, or by packaging procedures encourages or permits customers to receive services, obtain goods, or be entertained while remaining in their motor vehicles.
DWELLING. A structure or portion thereof in which person or persons reside.
(a) DWELLING, ATTACHED. A one-family dwelling attached to two or more one-family dwellings by common vertical walls.
(b) DWELLING, DETACHED. A dwelling which is not attached to any other dwelling by any means.
(c) DWELLING, MULTI-FAMILY. A dwelling containing more than two dwelling units.
(d) DWELLING, SEMI-DETACHED. A one-family dwelling attached to one other one- family dwelling by a common vertical wall, and each dwelling located on a separate lot.
(e) DWELLING, TOWNHOUSE. A one-family dwelling in a row of at least three such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common fire resistant walls.
(f) DWELLING, TWO-FAMILY. A structure on a single lot containing two dwelling units, each of which is totally separated from the other by an unpierced wall extending from ground to roof or an unpierced ceiling and floor extending from exterior wall to exterior wall, except for a common stairwell exterior to both dwelling units.
(g) DWELLING UNIT. One or more rooms, designed, occupied or intended for occupancy as separate living quarters, with cooking, sleeping, and sanitary facilities provided within the dwelling unit for the exclusive use of a single-family maintaining a household.
(h) DWELLING UNIT, EFFICIENCY. A dwelling unit consisting of not more than one habitable room together with kitchen or kitchenette and sanitary facilities.
EASEMENT. A grant of one or more of the property rights by the property owner to and/or for the use by the public, a corporation, or another person or entity.
ELDERLY HOUSEHOLD. Not more than two persons, related or unrelated, who occupy a single dwelling unit of whom at least one person is an elderly person.
ELDERLY MULTI-FAMILY HOUSING. A building or buildings containing 12 or more dwelling units where occupancy is restricted to elderly households.
ELDERLY PERSON. A person who is 62 years of age or older.
EMPLOY, EMPLOYEE, and EMPLOYMENT. Describe and pertain to any person who performs any service on the premises of a sexually oriented business, on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise. EMPLOYEE does not include a person exclusively on the premises for repair or maintenance of the premises or for the delivery of goods to the premises.
ENFORCEMENT OFFICER. The Zoning Enforcement Officer of the village as designated by the Village Manager.
EPIPHYTOTIC. The sudden and destructive development of a plant disease, usually over large areas. Corresponds to an epidemic of a human disease.
ESTABLISHED or ESTABLISHMENT. Includes any of the following:
(a) The opening or commencement of any sexually oriented business as a new business;
(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;
(c) The addition of any sexually oriented business to any other existing sexually oriented business; or
(d) The relocation of any sexually oriented business.
EXCAVATION. The removal or recovery by any means whatsoever of soil, rock, mineral substances, or organic substances other than vegetation, from water or land on or beneath the surface thereof, or beneath the land surface, whether exposed or submerged.
EXTENDED CARE FACILITY. A long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged, or a governmental medical institution.
EXTENSION. A physical expansion of an existing structure.
FAMILY. One or more individuals occupying a dwelling unit and living as a single household unit.
FARM. A parcel of land used for agricultural activities.
FARM ANIMALS. Those animals or livestock typically associated with a farm or agricultural operation.
FARM STAND. A booth or stall located on a farm from which produce and farm products are sold to the general public.
FAST-FOOD RESTAURANT. An establishment whose principal business is the sale of pre- prepared or rapidly prepared food directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off premises.
FENCE. An artificially constructed barrier of any material or combination of materials erected to enclose or screen areas of land.
FINANCE DIRECTOR. The Finance Director of the village.
FIRE CHIEF. The Fire Chief of Wayne Township Fire Department.
FLOOR AREA, FINISHED. The sum of the gross horizontal area of all interior floors of a residential building that are finished and heated, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of the several floors of a building measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles, or any space where the floor-to-ceiling height is less than six feet.
FLOOR AREA, GROUND. The sum of the gross horizontal area of the ground floor of a residential building, excluding basements, breezeways, carports, garages, storage areas with only outside access, porches, and other unheated and/or unfinished areas attached to the dwelling.
FLOOR AREA, NET. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
GARAGE. A deck, building, or structure, or part thereof, used or intended to be used for the parking and storage of vehicles.
GLARE. The effect produced by brightness sufficient to cause annoyance, discomfort, or loss in visual performance and visibility.
GROUP CARE FACILITY. A facility or dwelling unit housing persons unrelated by blood or marriage and operating as a group family household.
HISTORIC PRESERVATION BOARD. The Historic Preservation Board of the village.
HOME OCCUPATION. Any activity carried out for gain by a resident conducted as an accessory use in the resident’s dwelling unit.
IN-LIEU FEES. Fees paid by a private individual or party to the village to compensate for the mandatory land dedication provisions of the Zoning Code when the land dedication is waived by Village Council.
INDUSTRIAL PARK. A large tract of land that has been planned, developed, and operated as an integrated facility for a number of individual uses, with special attention to circulation, parking, utility needs, aesthetics, and compatibility.
INOPERABLE VEHICLE. A vehicle that is not mechanically operable.
INSTITUTIONAL USE. A nonprofit or quasi-public use or institution such as a church or similar house of worship, library, public or private school, hospital, or publicly-owned or operated building, structure, or land used for public purpose.
JUNKYARD. Any area, lot, land, parcel, building, or structure or part thereof used for the storage, collection, processing, purchase, sale, or abandonment of wastepaper, rags, scrap metal, or other scrap or discarded goods, materials, machinery, or two or more unregistered, inoperable motor vehicles or other type of junk.
KENNEL, COMMERCIAL. Any building or buildings and/or land used, designed, or arranged to facilitate the raising, breeding, boarding, and grooming of such domesticated animals as dogs and cats for profit. Farm animals such as pigs and fowl or exotic animals, such as snakes, are expressly prohibited.
KENNEL, PRIVATE. Any building or buildings and/or land used, designed, or arranged for the care of three or more dogs and/or cats belonging to the owner of the principal use, kept for purposes of show, hunting, or as pets.
LANDSCAPING. Any portion of a parcel of land that includes trees, shrubs, bushes, planting bed, hedges, earth mounds, or other natural or decorative material or feature.
LAW DIRECTOR. The Law Director of the village.
LICENSEE. A person in whose name a license to operate a sexually oriented business has been issued, as well as the individual or individuals listed as an applicant on the application for sexually oriented business license. In case of an “employee”, it shall mean the person in whose name the employee license has been issued.
LOT. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by law, to be used, developed, or built upon as a unit.
(a) LOT, BUILDABLE. A lot having the required street frontage as required by the zoning district on an improved public right-of-way.
(b) LOT, CORNER. A lot or parcel of land abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135 degrees.
(c) LOT COVERAGE. The portion of the lot that is covered by buildings and structures.
(d) LOT, DOUBLE FRONTAGE. A lot which fronts upon two parallel streets, or which fronts upon two streets which do not intersect at the boundaries of the lot.
MANDATORY LAND DEDICATION. The mandatory dedication of private land to the village for the purpose of providing space for park, recreation, open space, and other public uses.
MINI-WAREHOUSE. A structure containing separate storage spaces of varying sizes leased or rented on an individual basis.
MOBILE HOME. A structure intended for residential use which is designed to permit its conveyance upon a public street by means of integral structural elements consisting of a permanent chassis attached to axles, wheels, and a towing hitch. MOBILE HOME specifically includes, but is not limited to, any structure defined as a “manufactured home” under the provisions of the Manufactured Housing Construction and Safety Standards Act of 1974, being 42 U.S.C. §§ 5401 et seq., and any amendments thereto or regulations in supplement thereof, whether or not the design of the structure has been approved and/or certified by the U.S. Department of Housing and Urban Development (HUD).
MODULAR HOME. A structure intended for residential use which is constructed or manufactured partially at an off-site facility then transported to a permanent site where its construction is completed. MODULAR HOME specifically includes, but is not limited to, structures without permanent integrated chassis which are variously described as “precut”, “modular”, or “panelized” homes or any structures which are constructed at one location and transported to another location to be permanently placed.
NET DEVELOPABLE SITE. The remainder of a parcels of land following the subtraction of all areas designated for public and private streets and alleys, open bodies of water excluding streams, creeks and ditches, and all other dedicated rights-of-way.
NO-BUILD ZONE. An area or portion of a lot that is designated by deed not to contain any buildings, structures, or other built improvement on a permanent basis.
NONCONFORMANCE. A situation wherein the lawful conditions existing prior to the adoption, revision, or amendment of the zoning ordinance fail by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
(a) NONCONFORMING LOT. A lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
(b) NONCONFORMING STRUCTURE OR BUILDING. A structure or building the size, dimensions, or location of which was lawful prior to the adoption, revision, or amendment to the zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
(c) NONCONFORMING USE. A use or activity which was lawful prior to the adoption, revision, or amendment of the zoning ordinance, but which fails by reason of such adoption, revision, or amendment to conform to the present requirements of the zoning district.
NONPOROUS. Excludes any wood, plywood, composition board, or other porous materials.
NUDITY or A STATE OF NUDITY.
(a) The appearance of the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast; or
(b) A state of dress which fails to opaquely cover the cleft of the buttocks, anus, male genitals, female genitals, or areola of the female breast.
NURSING HOME. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.
OFF-STREET PARKING SPACE. A temporary storage area for a motor vehicle that is directly accessible to an access aisle, and which is not located on a dedicated street right-of-way.
ON-STREET PARKING SPACE. A temporary storage area for a motor vehicle which is located on a dedicated street right-of-way.
ONE-AND-A-HALF-STORY. A residential dwelling having a ground floor and a second floor equal to less than 100% of the finished floor area of the first floor, under a gable, hip or gambrel roof, the wall plates of which on at least two opposite exterior walls (also known as “knee wall”) are not more than five feet above the floor of such story.
OPACITY. A degree of obscuration of light.
OPEN SPACE. Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
OPEN SPACE, COMMON. Land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complementary structures and improvements as are necessary and appropriate.
OPERATE or CAUSE TO BE OPERATED. To cause to function or to put or keep in operation.
OPERATOR. Any persons on the premises of a sexually oriented business who is authorized to exercise overall operational control of the business or who causes to function or who puts or keeps in operation the business. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.
OUPS. The Ohio Underground Utilities Protection Service.
OUTDOOR DISPLAY. The temporary outdoor display of material and merchandise for the purposes of retail sales.
OUTDOOR STORAGE. The keeping, in an unroofed area, of any goods, junk, material, merchandise, or vehicles in the same place.
OVERLAY DISTRICT. A type of zoning district that applies more restrictive standards to an underlying zoning district.
PARISH HOUSE. A residential structure, such as a parsonage, that is subordinate to a church or other place of worship.
PARK. A tract of land designated and designed for the use by members of the public for active and passive recreation.
PARK BOARD. The Park Board of the village.
PERSON. An individual, proprietorship, partnership, corporation, association, or other legal entity.
PERSONAL SERVICES. Establishments primarily engaging in providing services involving the care of a person or his or her apparel.
PLAN, IMPROVEMENT. Detailed construction drawings, maps, and other materials depicting a proposed improvement.
PLAT, FINAL. The plat of a proposed subdivision, drawn on durable material and intended for recording, meeting all the requirements of the subdivision ordinance of the village (see Chapter 152 of these codified ordinances).
PLAT, PRELIMINARY. The plat of a proposed subdivision that meets all the requirements of the subdivision ordinance of the village (see Chapter 152 of these codified ordinances).
PRINCIPAL USE. The primary or predominant use of any lot.
PUBLIC USE. A land use that is owned and/or operated by the public and is accessible to the public.
RECONSTRUCTION. The rebuilding or substantial remodeling of an existing structure.
RECREATIONAL AND CAMPING EQUIPMENT. Boats, boat trailers, snowmobiles, snowmobile trailers, utility trailers, recreational and camping vehicles, horse trailers, and other similar equipment.
RECREATIONAL AND CAMPING VEHICLES. Vehicular-type structures primarily designed as temporary living quarters for recreation, camping, or travel use which either has its own motive power or is mounted on or drawn by another vehicle which is self-powered.
REGULARLY FEATURES or REGULARLY SHOWN. With respect to an adult theater or adult cabaret, a consistent course of conduct, such that the films or performances exhibited constitute a substantial portion of the films or performances offered as a part of the regular business of the adult theater or adult cabaret.
RESIDENTIAL DISTRICT. A zoning district in which residential uses are included as permitted uses.
RESTRICTIVE COVENANT. A restriction on the use of land usually set forth in the deed.
RETAIL SERVICES. Establishments providing services or entertainment as opposed to products.
SATELLITE GROUND STATION. A ground station or other antenna, including dish antennas, designed to transmit or receive radio or television signals to or from earth satellites.
SCENIC EASEMENT. An easement, the purpose of which is to limit development in order to preserve a view or scenic area.
SCHOOL. Any building or portion thereof which is designed, constructed, or used for educational or instruction in any branch of knowledge.
SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region, and areola of the female breast, as well as portions of the body covered by supporting straps or devices.
SEMI-NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of semi-nudity, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons. It is a defense to prosecution for any violation of this chapter that a person appearing in a state of nudity or semi-nudity did so in a modeling class operated:
(a) By a college, junior college, or university supported entirely or partly by taxation;
(b) By a private college or university which maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or
(c) In a structure:
1. Which has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing;
2. Where, in order to participate in a class a student must enroll at least three days in advance of the class; and
3. Where no more than one semi-nude model is on the premises at any one time.
SETBACK. The distance between the street right-of-way line or any other lot line and the front line of a building or any projection thereof, excluding uncovered steps.
SETBACK LINE. The line that is required minimum distance from the street right-of-way line or any other lot line that establishes the area within which the principal structure must be erected or placed.
SEXUAL ENCOUNTER ESTABLISHMENT. A business or commercial establishment, that as one of its principal business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of “specified sexual activities” or when one or more of the persons is semi-nude. The definition of “sexually oriented businesses” shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.
SEXUALLY ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio, or sexual encounter establishment.
SIGN. Any object, device, display, or structure, or part thereof, situated outdoors or indoors, which is used to advertise, identify, display, direct, or attract attention to an object, person, institution, organization, business, product, service, event, or location by any means, including words, letters, figures, design, symbols, fixtures, colors, illumination, or projected images.
(a) SIGN, BANNER. A permitted temporary sign made of cloth fastened to or supported by or from poles, posts, pillars, columns, uprights, braces, or other structures, or fastened or affixed on a building in such a way that the sign is wholly or partly dependent upon a building for support.
(b) SIGN, BILLBOARD. A sign which directs attention to a business, commodity, service, or entertainment conducted, sold, or offered at a location other than the premises on which the sign is located.
(c) SIGN, ELECTRONIC MESSAGE CENTER. A sign that provides information electronically by emitting illumination at predetermined intensity levels and changes messages in a manner that is not a distraction to motorists.
(d) SIGN, FREESTANDING. A non-movable sign supported by or from poles, posts, pillars, columns, uprights, braces, constructed base, or other structures on the ground and which are not affixed to a building.
(e) SIGN, PROJECTING. A sign that is wholly or partly dependent upon a building for support and which projects more than 12 inches from such building.
(f) SIGN, WALL. A sign fastened to or painted on the wall of a building in such a manner that the wall becomes the supporting structure for, or forms the background surface of the sign.
(g) SIGN, WINDOW. A sign fastened to, displayed in, or painted on the surface of a window.
SIGNIFICANT TREE. Any individual tree that is of cultural, historical, biological, or horticultural value as determined by the Village Council with the advice of the Planning Commission.
SPECIFIED ANATOMICAL AREAS. Human genitals in a state of sexual arousal; the appearance of the cleft of the buttocks, anus, male or female genitals, or areola of the female breast; or a state of dress which fails to opaquely cover the cleft of the buttocks, anus, male or female genitals, or areola of the female breast.
SPECIFIED SEXUAL ACTIVITY. Has the same meaning as “sexual activity”, as defined in R.C. § 2907.01(C).
SPLIT LEVEL. A residential dwelling containing finished floor area on two or more levels with not less than three feet nor more than six feet vertical distance between the plane of one floor level and the place of the next higher level.
SPOT ZONING. The rezoning of a lot or parcel of land to benefit an owner for a use incompatible with surrounding uses and not for the purpose or effect of furthering the Comprehensive Zoning Plan of the village.
STORY. That portion of a building, including 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.
STREET. Any vehicular way which is an existing state, county, municipal, or village roadway: is shown upon a plat approved pursuant to law; is approved by other official action; or is shown on a plat duly filed and recorded in the office of the County Recorder prior to the appointment of the Planning Commission and the grant to such Commission of the power to review plats; and includes the land between the street lines, whether improved or unimproved.
(a) STREET, ARTERIAL. A street which accommodates traffic to and from the expressways or to or through major commercial districts. Traffic volumes are generally greater than 10,000 ADT (average daily traffic).
(b) STREET, CUL-DE-SAC. A street having only one outlet and a paved terminal for safe and convenient reversal of traffic movement.
(c) STREET, DEAD-END. A local street having only one outlet without a safe and convenient means for reversal of traffic.
(d) STREET, EXPRESSWAY. A street devoted to the movement of large volumes of traffic at relatively high speeds. Access is completely controlled, not intended to serve abutting property.
(e) STREET, INDUSTRIAL. A street intended to provide access to other streets from industrial properties, generally being a volume of traffic that includes a relatively large amount of vehicles other than passenger automobiles.
(f) STREET, LOCAL. A street designed to provide vehicular access to abutting property and to discourage through traffic, generally bearing a volume of traffic no greater than 800 ADT (average daily traffic).
(g) STREET, MAJOR COLLECTOR. A street which carries traffic from the minor collector system to the arterial. Traffic usually has origin and destination within the community and does not exceed 10,000 ADT (average daily traffic).
(h) STREET, MINOR COLLECTOR. A street which carries internal traffic within a given neighborhood, connecting local streets to the major collectors or to the arterial system and generally bearing a volume of traffic no greater than 4,000 ADT (average daily traffic).
STRUCTURE. A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water.
TRAILER. A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods, or objects, or as a temporary office.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Any of the following:
(a) The sale, lease, or sublease of the business;
(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or
(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.
TRAVEL TRAILER. A licensed recreation motor vehicle, or a licensed recreation vehicle that is towed by a car or truck.
TREE. Any tree, shrub, or other woody plant.
TREE BOARD. The Tree Board of the village.
TREE, LARGE. Any tree species which normally attains a full grown height equal to or greater than 45 feet.
TREE LAWN. The strip of land between the back of curb and sidewalks.
TREE, MEDIUM. Any tree species which normally attains a full grown height of between 25 and 45 feet.
TREE, SMALL. Any tree species which normally attains a full grown height of under 25 feet.
TWO-STORY. A residential dwelling having a ground floor and a second floor having a finished square footage equal to or exceeding 100% of the required minimum ground floor finished square footage.
USE. The purpose or activity for which land or buildings are designed, arranged, or intended, or for which land or buildings are occupied or maintained.
VEHICULAR USE AREA. Any area used by vehicles.
VIEWING ROOM. The room, booth, or area where a patron of a sexually oriented business would ordinarily be positioned while watching a film, video cassette, or other video reproduction.
VILLAGE. The Village of Waynesville, Ohio.
VILLAGE MANAGER. The Manager of the village or an authorized representative.
VILLAGE MAYOR. The Mayor of the village.
WCRPC. The Warren County Regional Planning Commission.
YARD. A required open space that lies between the principal or accessory building or buildings and the nearest lot line. Such YARD is unoccupied and unobstructed from the ground upward except as may be specifically provided in this Zoning Code.
(a) YARD, FRONT. A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
(b) YARD, REAR. A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building. For corner lots, the rear yard shall constitute that area of the lot that is adjacent to the rear portion of the principal structure.
(c) YARD, SIDE. A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
ZONING BOARD OF APPEALS. The Board of Zoning and Building Appeals of the village.
(Ord. 96-152, passed 10-7-1996; Ord. 98-105, passed 2-2-1998; Ord. 2001-034, passed 10-1-2001; Ord. 2002-022, passed 9-16-2002; Ord. 2013-031, passed 7-15-2013)