1128.01 DEFINED TERMS (A-Z).

A   

Abandoned. Any small cell facilities or wireless support structures that are unused for a period of three hundred sixty-five days without the operator otherwise notifying the municipal corporation and receiving the municipal corporation's approval . (From Section 4939.01 of the Ohio Revised Code.)

Abutting. Bordering.

Accessory Building. A subordinate building customarily incidental to and located on the same lot occupied by the main building and not utilized for business purposes.

Accessory Dwelling Unit. A secondary independent residential dwelling unit established on the same lot as a principal dwelling unit.

Accessory Use. A use that is incidental to and customarily found in connection with the principal use. With respect to a home occupation, an accessory use is the part of a dwelling that is used for the home occupation and that is wholly incidental to the primary use of the dwelling. An accessory use must be conducted on the same zoning lot as the principal use to which it is related, unless the district regulations permit another location for the accessory use. (Off-site accessory parking facilities, for example, are permitted in certain zoning districts.)

Adult Bookstore. An establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, and/or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, books, magazines, other periodicals, films, tapes, and cassettes which materials have as their major or dominant theme any matter depicting, describing or relating to "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein.

Adult Motion Picture Theater. An enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, and/or utilities twenty-five percent (25%) or more of its total viewing time for the presentation of, materials for observation by its patrons which have as their major or dominant theme any matter depicting, describing, or relating "Specified Sexual Activities" or "Specified Anatomical Areas" as defined herein.

Alley. A public right-of-way that is less than thirty (30) feet in width, but not less than ten (10) feet in width, dedicated to public use for travel or transportation and affording secondary access to abutting property.

Alter or Alteration. Any change, rearrangement, or modification in construction of exit facilities, or the moving of partitions from one location or position to another. See also, Structural Alteration.

Amusement Arcade. Any place of business at which five or more mechanically or electrically operated amusement devices are located for the use of entertainment of persons patronizing the place of business.

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.

Antenna. Communications equipment that transmits or receives radio frequency signals in the provision of wireless service. (From Section 4939.01 of the Ohio Revised Code.)

Antenna Support Structure. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.

Applicant. Any person that applies for a permit pursuant to this Zoning Code.

Applications. The process by which an applicant submits a request and indicates a desire to be granted a permit or special 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 concerning such a request.

Art, Museum, or Cultural Facility. A facility operated for the acquisition, preservation, study, and exhibition of works of artistic, historic, cultural, and/or scientific value. Such a use may include the exhibition of live art and performances. Such a use may include accessory retail sale of works.

Artisan Manufacturing. The retail or business-to- business production of artisan goods that are produced in small quantities using small hand tools or light machinery including, but not limited to 3-D printers or computer numerical control routers.

Assembly, Large-Scale. An establishment that serves as a venue for the congregation of people as a public or private meeting within a structure that has a gross floor area greater than 15,000 for the establishment's activities and events, which includes related support facilities like kitchens, bathrooms, and storage. Performances are permitted as ancillary to the congregation function of the establishment.

Assembly, Small-Scale. An establishment that serves as a venue for the congregation of people as a public or private meeting within a structure that contains no more than 15,000 square feet of gross floor area for the establishment's activities and events, which includes related support facilities like kitchens, bathrooms, and storage. Performances are permitted as ancillary to the congregation function of the establishment.

Awning. A sloped cover or shelter attached to a Building or portion thereof and that is constructed of rigid or non-rigid materials on or under a supporting framework that may be fixed or retractable.

B

Bed and Breakfast. A use that provides lodging to guests for no more than seven (7) consecutive days, serves no meals other than breakfast, and serves breakfast exclusively to overnight guests.

Billiard Room. Any public place wherein the game of billiards is permitted to be played, and where there are five (5) or more tables for such use. For the purposes of this definition, "billiards" means any of the several games place on a table surrounding by an elastic ledge or cushions, with balls which are impelled by a cue, and shall include all forms of the game known as pool, except that form of pool known as skill pool heretofore defined as one of the several types of pinball games.

Boarding House. A building other than a hotel or motel where for compensation by the week or month, meals and/or lodging are provided for five (5) but not more than twenty (20) persons.

Brewery/Distillery. On-site production of beer or liquor which exceeds 15,000 barrels (465,000 gallons) of beer, or 12,000 gallons of liquor by single-batch production. Associated ancillary drinking establishments may be included on-site. This definition excludes uses that meet the definition of Micro-Brewery or Micro-Distillery.

Building. Any structure having a roof supported by columns or walls, that is 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 unpierced walls extending from the ground up, each part is deemed a separate building, except in regards to minimum side yard requirements as provided in this Code.

Building Line. See Setback.

Building Material Dealers and Sales. Retailing, wholesaling or rental of building supplies or construction equipment. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments.

Business and Professional Offices. A building containing the office or offices of a business or businesses engaged in providing professional services, including, but not limited to, the following: accounting; auditing and bookkeeping services; advertising agencies; architectural, engineering, planning, and surveying services; attorneys; counseling services; court reporting services; data processing and computer services; detective agencies and similar services; educational, scientific, and research organizations; employment, stenographic, secretarial, and word processing services; government offices including agency and administrative office facilities; management, public relations, and consulting services; photography and commercial art studios; writers and artists offices outside the home, but not including medical offices or offices that are incidental and accessory to another business or retail sales activity in the building.

C   

Car wash establishments. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. This term includes a manually operated car wash facility when the operation is equivalent in intensity to a mechanized car wash.

Cable Operator, or Cable Service, or Franchise. These terms have the same meanings as in the "Cable Communications Policy Act of 1984," 98 Stat. 2779, 47 U.S.C.A. 522. (From Section 4939.01 of the Ohio Revised Code.)

Canopy. A flat cover or shelter attached to a Building or portion thereof and that is constructed of rigid materials on or under a supporting framework that is fixed in place.

Car Wash Establishments. A structure, or portion thereof, containing commercial facilities for washing automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices. This term includes a manually operated car wash facility when the operation is equivalent in intensity to a mechanized car wash.

CDC. The Centers for Disease Control and Prevention and any legally appointed, designated, or elected agent or successor.

Child Care. See Day Care Facility and Day Care Home.

Civic, Social, and Cultural Organizations or Clubs. A public, commercial, or non-profit establishment that provides membership for the participation in, or use of, shared space, programming, or social activities, and may not include any form of adult entertainment business or retail sales.

Co-Location. The use of a wireless telecommunication facility by more than one wireless telecommunications provider.

Collocation or Collocate. To install, mount, maintain, modify, operate, or replace wireless facilities on a wireless support structure. (From Section 4939.01 of the Ohio Revised Code.)

Commercial Indoor Recreation. Indoor commercial recreation uses include, but are not limited to, fitness centers, bowling alleys, dancehalls, skating rinks, indoor commercial swimming pools, and racquet and tennis clubs.

Commercial Outdoor Recreation. May include an accessory clubhouse, provided as part of a residential development that is owned and maintained by the owners' association or property owner primarily for the use of the residents of the development, and which is also accessible for use by the public through associate membership subscription or user fees. The term includes community golf courses, swimming pools, tennis courts, basketball courts, and the like.

Commercial Retail Sales and Services. Establishments that engage in the sale of general retail goods with accessory commercial services.

Commercial Vehicle. Any vehicle used or designed to be used for business or commercial purposes including but not limited to: buses, concrete trucks, dump trucks, garbage trucks, box trucks, stake bed trucks, flatbed trucks, semi tractors, semi trailers, step vans, tack trucks, tar trucks, and tow trucks; whether used for business, commercial or personal purposes. Pickup trucks, panel trucks, or light trucks which have the operating characteristics similar to those of a passenger car are not considered commercial vehicles unless they are used for business or commercial purposes.

Commission. The Planning Commission of the City of Whitehall (unless otherwise expressly provided).

Court. An open, uncovered, unoccupied space other than a yard on the same lot with a building either surrounded by the building walls or bordered by such walls on two (2) or more sides.

Crematories. A facility used for the cremation of corpses.

D   

Day Care Facility. An establishment, other than a Day Care Home, licensed by the State of Ohio when required and providing care and supervision for seven or more persons on a less than twenty-four (24)-hour basis. This classification includes nursery schools, preschools, Day Care Facilitys for children or adults and any other day care facility licensed by the State of Ohio.

Day Care Home, Type A. A child care facility located in a permanent residence where an occupant of the residence provides care and supervision for seven (7) to twelve (12) children at one time, including children under the age of six (6) related to the provider. The provider must be licensed by the State of Ohio Department of Human Services.

Day Care Home, Type B. A child care facility located in a permanent residence where an occupant of the residence provides care and supervision for six (6) or fewer children at one time, including children under the age of six (6) related to the provider. No employees are permitted. The provider must be licensed by the State of Ohio Department of Human Services.

Decorative Pole. A pole, arch, or structure other than a street light pole placed in the public way specifically designed and placed for aesthetic purposes and on which no appurtenances or attachments have been placed except for any of the following (From Section 4939.01 of the Ohio Revised Code.):

      (1)   Electric lighting;

      (2)   Specially designed informational or directional signage;

      (3)   Temporary holiday or special event attachments.

Density. The number of dwelling units on a net acre of land.

Dispensing of Combustible Liquids and Compressed Gases. The dispensing or transferring, for sale, of any combustible liquid and compressed gas from bulk storage to portable containers or from one vessel to another vessel.

Distillery. See Brewery/Distillery.

Drilling or Extracting Activities. Activities necessary for removing natural gas or oil from underground and bringing it up to ground level, or any activities, the purpose of which is to remove these materials from natural pools or reservoirs beneath the earth's surface, including well drilling, injection, pumping, and including ancillary activities and facilities necessary for such extraction, without which the extraction could not occur.

Drive-In Windows and Drive-Through Facilities. Any facility where goods are sold or services provided to a person riding on or seated within a motor vehicle; or where services or inspections are performed on motor vehicles that stand or wait in line immediately prior to the service being performed. Drive-through facilities include, but are not limited to, uses such as car washes, motor vehicle lubrication and oil change facilities, and motor vehicle inspection stations as well as facilities such as financial institutions, dry cleaners, and restaurants with one or more drive-through windows. Uses excepted from this definition include: (1) inspections utilizing not more than one bay at a motor vehicle service station; (2) fuel service components of motor vehicle service stations; and (3) the on-site parking of motor vehicles prior to servicing at motor vehicle service facilities.

Dwelling, Multi-Unit (Eight (8) or More Dwelling Units). A building containing at least eight (8) dwelling units used exclusively for occupancy.

Dwelling, Single-Unit, Attached. A residential dwelling with one (1) unit that is attached to two (2) or more single-unit dwellings by common vertical walls.

Dwelling, Single-Unit, Detached. A detached building designed or used exclusively for occupancy by one residential unit.

Dwelling, Three (3) to Seven (7) Unit. A building or portion thereof designed for occupancy by at least three (3) and up to seven (7) independent residential units in which they may or may not share common entrances and/or other spaces. Individual dwelling units may be owned as condominiums or offered for rent.

Dwelling, Two-Unit. A building containing two (2) dwelling units, arranged one above the other or side by side.

E   

Eating and Drinking Establishments. Establishments engaged primarily in the sale of food or drink to consumers for on-premises or off-premises consumption.

Education Institution. A public or private institution that teaches primary, secondary, post-secondary students. Instruction can include industrial, clerical, managerial, commercial, trade, or artistic skills; or a school conducted as a commercial enterprise, such as a driving school for non-commercial automobiles.

Eligible Facilities Request. This term has the same meaning as in 47 U.S.C. 1455(a)(2). (From Section 4939.01 of the Ohio Revised Code.)

Emergency. A reasonably unforeseen occurrence with a potential to endanger personal safety or health, or cause substantial damage to property, that calls for immediate action.

Engineer. Any engineer licensed by the State of Ohio.

Equipment Shelter. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

Erect. Construct, build, raise, raise, or establish either under, upon, or above the ground surface.

F   

FAA. The Federal Aviation Administration and any legally appointed, designated, or elected agent or successor.

FCC. The Federal Communications Commission and any legally appointed, designated or elected agent or successor.

Fence. An artificially constructed barrier of any material or combination of materials erected to fully or partially enclose, screen, or separate any part of any premises. This definition does not include walls that are part of a Building.

Food Trucks. A licensed, motorized vehicle that is temporarily parked in a location to sell food and/or non- alcoholic beverages to the public. This definition includes food concession trailers pulled by licensed vehicles that are used to prepare or sell consumable foods.

Footcandle. A unit of light intensity that is equal to the amount of light falling on one square foot area from a one candela light source at a distance of one (1) foot (one lumen per square foot).

Fronting. Bordering in the sense of affording principal access to a lot and/or a building on a lot.

Funeral Home and Services. An establishment providing services related to death, including funerals, cemeteries, or mausoleums, for burial and memorials. This term excludes Crematories.

G   

Garage, Private. A building or portion of a building used for the storage of motor vehicles and other permitted uses that are accessory to a dwelling.

Garage, Public. A building or portion of a building that does not meet the definition of Private Garage and is used for the storage of motor vehicles. This definition excludes surface parking lots where storage of motor vehicles is provided at grade level.

Gasoline Stations. A facility or system which includes tanks, piping or gas equipment (or any combination thereof); is used or intended to be used for the storage, dispensing or other utilization of petroleum gas.

Governmentally Owned and/or Operated Buildings and Facilities. A facility or area used for public purposes and owned or operated by an instrumentality or agency of federal, state, or local government.

Group Care Facility. Development which provides resident services to seven (7) or more individuals. These individuals may be handicapped, aged, or disabled, and undergoing rehabilitation, and are provided services to meet their needs.

Group Home A. A facility providing twenty-four (24)-hour care in a protected living arrangement for not more than fifteen (15) residents. This classification includes foster homes, homes for the physically and mentally impaired, homes for the developmentally disabled, congregate living facilities for persons sixty (60) years of age and older, and maternity homes.

Group Home B. A facility providing twenty-four (24)-hour care in a protected living arrangement for not more than fifteen (15) residents. This classification includes homes for juvenile delinquents, halfway houses providing residence in lieu of institutional sentencing, halfway houses providing residence to those needing correctional and mental institutionalization. This classification also includes emergency shelter during crisis intervention for nor more than fifteen (15) victims of crime, abuse, or neglect, and residential rehabilitation for alcohol and chemical dependence for fifteen (15) or fewer individuals.

Gyms and Physical Fitness Facilities. A building or portion of a building designed and equipped for the conduct of sports, exercise, leisure time activities, organized fitness class or other customary and usual recreational activities operated for profit or not-for-profit.

H   

Heavy Industrial. A principal use consisting of an establishment engaged in manufacturing, assembly, fabrication, packaging, or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line. This term includes but is not limited to: (a) processing and packaging; (b) chemical manufacturing; (c) stonework or concrete product manufacturing; (d) fabrication of metal products; (e) manufacturing of agricultural, construction, or mining machinery; (f) motor vehicle manufacturing; (g) lumber milling; (h) ship or boat construction (i) permanent concrete/batch plant. This term excludes any uses that qualify as Light Industrial.

Historic District. A building, property, or site, or group of buildings, properties, or sites that are either of the following (From Section 4939.01 of the Ohio Revised Code.):

      (1)   Listed in the National Register of Historic Places or formally determined eligible for listing by the keeper of the national register, the individual who has been delegated the authority by the federal agency to list properties and determine their eligibility for the national register, in accordance with section VI.D.1.a.i-v of the nationwide programmatic agreement codified at 47 C.F.R. part 1, Appendix C;

      (2)   A registered historic district as defined in Section 149.311 of the Ohio Revised Code.

Home Occupation. Any use or profession customarily conducted entirely within a residential dwelling, carried on only by the inhabitants thereof, that is incidental and secondary to the use of the dwelling for dwelling purposes. See also Section 1116.02 - Accessory Uses.

Hospital. A facility or institution, whether public or private, principally engaged in providing services for health maintenance, diagnosis or treatment of human diseases, pain, injury, deformity, or physical condition, including but not limited to a general hospital, emergency room, diagnostic center, treatment center, rehabilitation center, extended care center, nursing home, intermediate care facility, outpatient laboratory, or central services facility serving one or more such institutions provided by a licensed practitioner.

Hotels, Motels, or Tourist Houses. Any building or portion thereof which contains guest rooms which are designed or intended to be used, let, or hired out for occupancy on a transient basis and which together are intended to provide for accommodations for compensation to ten or more individuals at any given time. A hotel will be considered a commercial establishment.

I   

Impervious Surface. Surfaces or elements on a site that prevent stormwater from immediately reaching soil beneath it, including but not limited to buildings; parking areas; driveways; streets; sidewalks; pavers; and areas of concrete, asphalt, or other sealed surfaces.

Industrial, Commercial, or Construction Services. The processing, manufacturing, or compounding of materials, products, or energy, having impacts on the environment or significant impacts on the use and enjoyment of adjacent property in terms of noise, smoke, fumes, odors, glare, or health and safety hazards.

Instructional Spaces and Studios. A room or space used primarily for instruction classes and that is not tied to a specific subject or discipline by equipment in the room or the configuration of the space.

J   

Jurisdiction. The City of Whitehall, State of Ohio.

K   

L   

Light Industrial. A principal use consisting of an establishment engaged in the indoor warehousing, manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials. This term excludes any uses that qualify as Heavy Industrial.

Light Industrial, Large-Scale. Principal structures of 25,000 square feet or more per lot that are used primarily for light industrial uses. Renewable energy generation systems with 25,000 square feet of structure or more per lot are considered large scale light industrial uses.

Light Industrial, Small-Scale. A principal use of a lot consisting of an establishment engaged in the indoor warehousing, manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes but is not limited to a business engaged in the processing, fabrication, assembly, treatment, or packaging of food, textile, leather, wood, paper, chemical, plastic, or metal products, but does not include basic industrial processing from raw materials. Small light industrial uses have principal structures of less than 25,000 square feet per lot.

Live/Work Units. A structure or portion of a structure combining a residential living space for one (1) or more persons with an integrated work space principally used by one (1) or more of the residents. The use of chemicals deemed toxic by the CDC within their toxic chemical classifications is prohibited within a live-work unit.

Lot (Lot of Record). A tract of land whose existence, location, boundaries, and dimensions have been legally recorded in a deed or plat and filed as a legal record. Such tracts of land include any that are filed on record in the Franklin County Recorder's Office.

Lot, Corner. A lot at the intersection of, and abutting on, two (2) streets.

Lot, Double-Frontage. A lot other than a corner lot having frontage on two (2) street. Such a lot may also be called a through lot.

Lot Line. A line of demarcation between two (2) separate lots and/or between a lot and a right-of-way.

Lot Line, Alley. A lot line bordering an alley public right- of-way.

M   

Maker Space. A building or portion thereof used for the on-site production of parts or finished products by individual or shared use of hand tools, mechanical tools, and electronic tools and may include space for design and prototyping of new materials, fabrication methodologies, and products, as well as space for packaging, incidental storage, sales, and distribution of such projects. Fumes, noise, dust, or ambient particulate matter from chemicals may not be emitted from the space.

Manufactured Home. Per Ohio Revised Code Section 3781.06(C)(4), as may be amended: a building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the federal construction and safety standards established by the secretary of housing and urban development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards. Mobile Home is defined separately.

Medical and Health Care Offices. A facility in which substantially all of the services provided constitute the practice of medicine, surgery, dentistry, optometry, podiatry, chiropractic, acupuncture, acupressure, psychology, psychiatry, counseling, medical-related laboratory services, or similar health services; are provided by state licensed health professionals; and are rendered on a one-to-one patient to health professional ratio, on an out-patient or less than twenty-four (24) hour a day basis.

Micro-Brewery or Micro-Distillery. On-site production of beer or liquor which does not exceed 15,000 barrels (465,000 gallons) of beer, or 12,000 gallons of liquor by single-batch production. Associated ancillary drinking establishments may be included on-site.

Micro Wireless Facility. A small cell facility that is not more than twenty-four (24) inches in length, fifteen inches in width, and twelve inches in height and that does not have an exterior antenna more than eleven (11) inches in length suspended on cable strung between wireless support structures. (From Section 4939.01 of the Ohio Revised Code.)

Mobile Home. Per Ohio Revised Code Section 4501.01(O), as may be amended: a building unit or assembly of closed construction that is fabricated in an off-site facility, is more than thirty-five (35) body feet in length or, when erected on site, is three hundred twenty or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not quality as a "Manufactured Home" as defined in division (C)(4) of Section 3781.06 of the Ohio Revised Code, as may be amended, or as an "industrialized unit" as defined in division (C)(3) of Section 3781.06 of the Ohio Revised Code, as may be amended.

Modular Home. Factory-built housing certified as meeting the State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards as site- built homes.

Monopole. A support structure constructed to a single, self-supporting hollow metal tube securely anchored to a foundation.

Municipal Electric Utility. The same meaning as in section 4928.01 of the Ohio Revised Code. (From Section 4939.01 of the Ohio Revised Code.)

N   

Non-Industrial Food Production and Catering. A food service establishment that prepares food for the public and include restaurants and catering companies.

Nursery and Garden Supply Stores. A facility, generally operated on a commercial basis, for the growing, display, or sale of plant stock, seeds or other horticulture items. This use may include raising plants outdoors or in greenhouses for sale either as food or for use in landscaping.

Nursing Home. A facility operated and dedicated to the care of persons who cannot care for their own needs either partially or totally. This term includes nursing homes, skilled nursing facilities, convalescent homes, special care facilities (e.g., Alzheimer unit), assisted living facilities, adult day care facilities, independent living units such as patio homes, and other similar facilities.

O   

Occupy or Use. With respect to a public way, to place a tangible thing in a public way for any purpose, including, but not limited to, constructing, repairing, positioning, maintaining, or operating lines, poles, pipes, conduits, ducts, equipment, or other structures, appurtenances, or facilities necessary for the delivery of public utility services or any services provided by a cable operator. (From Section 4939.01 of the Ohio Revised Code.)

Off-Street Public Parking Lots and Garages. Off- street parking that serves a particular use without being on the same lot of the use it serves, or a public garage where automobiles are parked or stored.

Opaqueness. The degree to which a wall, fence, structure, landscaping, or other element that serves as screening is solid or impenetrable to light or vision in a generally uniform pattern over its surface.

Operator. A wireless service provider, cable operator, or a video service provider that operates a small cell facility and provides wireless service. This definition includes a wireless service provider, cable operator, or a video service provider that provides information services as defined in the "Telecommunications Act of 1996," 110 Stat. 59, 47 U.S.C. 153(20), and services that are fixed in nature or use unlicensed spectrum. (From Section 4939.01 of the Ohio Revised Code.)

Organizations and Associations Organized on a Profit or Non-Profit Basis for Promotion of

Membership Interests. An establishment that provides membership for the participation in, or use of, shared space, programming, or social activities, and may not include any form of adult entertainment business or retail sales.

P   

Parcel. See Lot (Lot of Record).

Passenger transportation agencies and terminals. A facility for passenger transportation operations, including but not limited to a passenger rail station, bus terminal or passenger ship terminal.

Parks and Trails. A park, playground, recreation facility and open space. This classification includes playing fields, courts, public gymnasiums, public community centers, public swimming pools, spraygrounds, picnic facilities, public golf courses and associated facilities, zoos and botanical gardens, as well as related food concessions.

Passenger Transportation Agencies and Terminals. A facility for passenger transportation operations, including but not limited to a passenger rail station, bus terminal or passenger ship terminal.

Person. Any natural person, firm, partnership, association, corporation, or other legal entity, private or public, whether for profit or not-for-profit.

Person. Any natural person, corporation, or partnership and also includes any governmental entity. (From Section 4939.01 of the Ohio Revised Code.)

Personal Service. An establishment which accommodates two (2) or more clients at one time providing nonmedically related services, including, but not limited to, beauty salons, barber shops and tanning salons by professionals, which may also include accessory retail sales of products related to the services provided.

Places of Worship. A use located in a permanent building and providing regular organized religious worship and related incidental activities, except child Day Care Facility, primary, secondary, college/ university, vocational schools, community facility, active and outdoor recreation, and enterprise, indoor and outdoor.

Property. See Lot (Lot of Record).

Public Utility. A wireless service provider as defined in division (A)(20) of section 4927.01 of the Ohio Revised Code or any company described in section 4905.03 of the Ohio Revised Code except in divisions (B) and (I) of that section, which company also is a public utility as defined in section 4905.02 of the Ohio Revised Code; and includes any electric supplier as defined in section 4933.81 of the Ohio Revised Code. (From Section 4939.01 of the Ohio Revised Code.)

Public Utility Rights-of-Way and Pertinent Structures and Telecommunication Towers. Any cables, wires, lines, wave guides, antenna 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 antenna support structure. However, "wireless telecommunications facilities" shall not include: dish type signal-receiving satellites up to ten (10) feet in diameter, antennas used for personal or "ham" radios; and citizens band (CB) radios.

Public Way. The surface of, and the space within, through, on, across, above, or below, any public street, public road, public highway, public freeway, public lane, public path, public alley, public court, public sidewalk, public boulevard, public parkway, public drive, public easement, and any other land dedicated or otherwise designated for a compatible public use, which, on or after July 2, 2002, is owned or controlled by a municipal corporation. "Public way" excludes a private easement. (From Section 4939.01 of the Ohio Revised Code.)

Public Way Fee. A fee levied to recover the costs incurred by a municipal corporation and associated with the occupancy or use of a public way. (From Section 4939.01 of the Ohio Revised Code.)

Q   

R   

Research and Development Facilities. A building or group of buildings for scientific research, investigation, testing, or experimentation, but not facilities for the manufacture or sale of products.

Retail Sales (Less Than 5,000 Square Feet). A retail establishment containing consumer goods that is no greater than 5,000 square feet.

Retail Sales (Greater Than 25,000 Square Feet). A retail establishment containing consumer goods that exceeds 25,000 square feet.

Retail Sales (5,000 Square Feet to 25,000 Square Feet). A retail establishment containing consumer goods that is between 5,000 and 25,000 square feet.

Retaining Wall. Any artificially constructed barrier that retains soil at the soil's grade level on at least one side. This definition does not include any portion of a barrier that extends above the grade level of the retained soil.

S   

Senior Assisted Living Facility. Residential facility for elderly persons (age sixty (60) or older) and their spouses, or for persons having such disabilities as co require assistance with daily living casks, as suggested by their physician. The facility contains four (4) or more dwelling units and/or rooming units, and provides, through on- site personnel, such exclusive resident services as meal preparation, laundry services and room cleaning.

Senior Independent Living Facility. An age-restricted development, which may include detached and attached dwelling units, apartments, and may also have a nursing home component.

Setback. A required distance between a structure or other regulated feature and a property line, or a required distance between two separate structures or other separate regulated features, wherein a structure or feature may not be constructed or extended.

Sexually Oriented Business. An adult arcade, adult bookstore, 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 device shop.

Short-Term Rental. A living space that is made available for rent for a period ranging from as short as one day and up to ninety (90) days.

Sign, Awning. A sign that is painted on, printed on, or attached to an Awning, and that may be attached to a vertical awning face or to the sloped awning face.

Sign, Canopy. A sign that is attached to a vertical face of or on top of a Canopy.

Sign, Flat Wall. A sign applied on a non-window surface of a Building with a sign face parallel to such surface. This definition excludes signs that qualify as Awning Sign, Canopy Sign, Marquee Sign, Projecting Sign, and Roof Sign.

Sign, Free-Standing. A sign that is attached to the ground, and not to a Building.

Sign, Marquee. A sign that is attached to or integrated within a marquee.

Sign, Projecting. A sign that is substantially perpendicular to the surface to which it is attached.

Sign, Roof. A sign that is attached to or supported by the roof of a Building; or a sign that extends above the roofline of the Building to which it is attached.

Sign, Window and Door. A sign that is attached to the panes of glass of a window or door and is viewable from the exterior of the Building. This definition excludes customary displays of merchandise behind a store window.

Skilled Care Facility. A dwelling devoted to two (2) or more persons who have a physical or mental impairment or handicap, or both, chat substantially limits one or more major life activities, such as caring for oneself, performing manual casks, walking, seeing, hearing, speaking, learning, breaching, or working. A physical or mental impairment may include orthopedic, visual, speech, or hearing impairments, alzheimer's disease, presenile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism, or emotional illness.

Small Cell Facility. A wireless facility that meets both of the following requirements (From Section 4939.01 of the Ohio Revised Code.):

      (1)   Each antenna is located inside an enclosure of not more than six (6) cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six (6) cubic feet in volume.

      (2)   All other wireless equipment associated with the facility is cumulatively not more than twenty-eight (28) cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Solar Facilities. An integrated assembly of solar panels with a support structure or foundation and other components.

Solid Masonry. Load-bearing or non-load-bearing construction using masonry units where the net cross- sectional area of each unit in any plane parallel to the bearing surface is not less than seventy-five percent (75%) of its gross cross-sectional area.

Specified Anatomical Areas. Areas of the human body including genitals, pubic region, buttocks, female breasts below a point immediately above the top of the areola, and male genitals in a discernibly turgid state, even if completely and opaquely covered.

Specified Sexual Activities. Activities including and similar to human genitals being in a state of sexual stimulation or arousal, acts of masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts.

Storage/Mini Storage. The use of a property for storage spaces that are leased or rented on an individual basis and that may be of various sizes.

Story. That portion of a Building included between the upper surface of any floor and the upper surface of the floor next above except that the topmost story shall be that portion of a building included between the upper surface of the topmost floor and the ceiling or roof above. When the ceiling of the lower story of a building can be used for any purpose other than containing service equipment, such lower and/or attic level shall be a story for the purpose of this Zoning Code.

Street, Front. The street abutting a Lot Line that affords principal access by pedestrians and/or vehicles to a given Lot.

Street, Side. The street(s) abutting a Lot Line other than a Front Street.

Structure. See Building.

Structural Alteration. Any change in the supporting members of a building such as bearing walls, columns, lintels, beams, girders, or floor construction.

T   

Tower. A self-supporting lattice, guyed, or monopole structure constructed from grade which supports wireless telecommunications facilities. "Tower" shall not include amateur radio operator's equipment, as licensed by the FCC.

Transitional Dwelling. A dwelling unit occupied on a short-term basis by persons assigned by a court of law or public or nonprofit agency responsible for the occupants' care, safety, conduct, counseling and supervision for a specified period of time, including alcoholic recovery, shelters for battered persons and their children, community reentry services following incarceration or other court-ordered treatment and other such short-term supervised assignments.

U   

Urgent Care or Clinic. An establishment for outpatient- only medical services that apply to medical issues whereby a patient requires more immediate attention or care than can be provided by an appointment with a household doctor or general licensed practitioner, but not including emergency ambulance services.

Utility Pole. A structure that is designed for, or used for the purpose of, carrying lines, cables, or wires for electric or telecommunications service. "Utility pole" excludes street signs and decorative poles. (From Section 4939.01 of the Ohio Revised Code.)

V   

Vehicle and Large Equipment Repair. A facility where providing vehicular service is the primary use of the structure/ business. This use may include storage of vehicles and equipment outside for limited periods of time.

Vehicle Sales. An establishment for the storage and display for sale of vehicles where accessory repair services may be provided and where such repair services are incidental to the sale of new or used vehicles. This definition does not include uses which qualify as Recreational Vehicle Sales or Small Vehicle Sales.

Vehicle Sales, Recreational. An establishment for the storage and display for sale of more than two (2) passenger vehicles and where repair or body work is incidental to the operation of the new or used vehicle sales, which include motor vehicle retail or wholesale sales.

Vehicle Sales, Small. New and used dealers in motorcycle, motorized bicycle and tricycle and not including motor homes, snowmobiles and their parts and accessories and including repair services thereto. An establishment for the storage and display for sale of motorcycles, motorized bicycle or tricycles and where repair services are incidental to the operation of the new or used vehicle sales.

Veterinarian, Animal Boarding, and Services. An establishment where animals are examined and treated by veterinarians and which may include kennels for temporary boarding of animals during treatment.

Video Service Provider. This term has the same meaning as in section 1332.21 of the Ohio Revised Code. (From Section 4939.01 of the Ohio Revised Code.)

W   

Warehousing, Wholesaling, and Transportation Services. An enclosed storage facility which is used to store goods or parts, or for any part of the shipping process.

Wireless Facilities. (From Section 4939.01 of the Ohio Revised Code.)

      (1)   "Wireless facility" means equipment at a fixed location that enables wireless communications between user equipment and a communications network, including all of the following: (a) Equipment associated with wireless communications; (b) Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration.

      (2)   The term includes small cell facilities.

      (3)   The term does not include any of the following: (a) The structure or improvements on, under, or within which the equipment is collocated; (b) Coaxial or fiber-optic cable that is between wireless support structures or utility poles or that is otherwise not immediately adjacent to or directly associated with a particular antenna.

Wireless Service. Any services using licensed or unlicensed wireless spectrum, whether at a fixed location or mobile, provided to the public using wireless facilities. (From Section 4939.01 of the Ohio Revised Code.)

Wireless Service Provider. A person who provides wireless service as defined in division (A)(19) of section 4927.01 of the Ohio Revised Code. (From Section 4939.01 of the Ohio Revised Code.)

Wireless Support Structure. A pole, such as a monopole, either guyed or self-supporting, street light pole, traffic signal pole, a fifteen-foot or taller sign pole, or utility pole capable of supporting small cell facilities. As used in this chapter, "wireless support structure" excludes all of the following (From Section 4939.01 of the Ohio Revised Code.):

      (1)   A utility pole or other facility owned or operated by a municipal electric utility;

      (2)   A utility pole or other facility used to supply traction power to public transit systems, including railways, trams, streetcars, and trolleybuses.

Wireless Telecommunication Facility. Any cables, wires, lines, wave guides, antenna 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 antenna support structure. However, "wireless telecommunications facilities" shall not include:

      (1)   Dish type signal-receiving satellites up to ten feet in diameter.

      (2)   Antennas used for personal or "ham" radios.

      (3)   Citizens band (CB) radios.

Wireline Backhaul Facility. A facility used for the transport of communications service or any other electronic communications by coaxial, fiber-optic cable, or any other wire. (From Section 4939.01 of the Ohio Revised Code.)

Work Permit. A permit issued by a municipal corporation that must be obtained in order to perform any work in, on, above, within, over, below, under, or through any part of the public way, including, but not limited to, the act or process of digging, boring, tunneling, trenching, excavating, obstructing, or installing, as well as the act of opening and cutting into the surface of any paved or improved surface that is part of the public way. (From Section 4939.01 of the Ohio Revised Code.)

X   

Y

Yard, Front. The space between the front lot line and the front setback of the principal structure on the same lot, exclusive of steps, extending the full width of the lot. A Corner Lot may have more than one (1) front yard.

Yard, Rear. The space between the rear lot line and the rear setback of the principal structure on the same lot, exclusive of steps, extending the full width of the lot.

Yard, Side. The space between a side lot line and the nearest exterior walls of the principal structure on the same lot in areas that do not qualify as a front yard or rear yard.

Z   

Zoning Codes. The Planning and Zoning Code of the City of 'Whitehall.

(Ord. 081-2023. Passed 10-3-23.)