§ 154.02.01 DEFINITIONS. (2024)

§ 154.02.01 DEFINITIONS.

For the purpose of this chapter the following words and phrases shall have the following meanings ascribed to them respectively. Those items not herein specifically defined shall be given their common ordinary meaning whenever it is appropriate or reasonable to do so.

ACCESSORY USE/ ACCESSORY BUILDING/ ACCESSORY STRUCTURE. An accessory use, building, or structure is a use, object, subordinate building or structure which is performed or constructed or installed on, above, or below the surface of a zoned lot, customarily incidental to the principal or conditionally permitted use and is regulated in § 154.16.01. Accessory uses, buildings and related structures include but are not limited to the following uses:

(1)Antennas used by an amateur radio operator holding a valid amateur radio (HAM) license issued by the Federal Communications Commission;

(2)Decks, gazebos, and patios;

(3)(EDITOR'S NOTE: Former subsection (3) was repealed by Ordinance 3459, passed November 9, 2010.)

(4)Garages, storage sheds and utility buildings;

(5)Off-street parking and loading as regulated by § 154.12.01;

(6)Poles;

(7)Retail sales and service use when not conducted for the general retail public as regulated by § 154.16.01(B)(3)(d);

(8)Satellite dish antennas;

(9)Signs;

(10)Swimming pools;

(11)Temporary uses as regulated by § 154.16.08;

(12)Waste receptacles; and

(13)Wireless telecommunications facility as regulated by § 154.16.09.

ALLEY - A public or private way 20 feet or less in width which is used primarily for vehicular access to the back or side of properties which otherwise abut on streets.

ALTERNATIVE FINANCIAL SERVICES PROVIDER - Businesses which provide financial products and services and which meet any one or more of the following definitions:

(1)Check-cashing business. Any business that is licensed, or is required to be licensed, to cash checks as defined and regulated under R.C. §§ 1315.21 through 1315.30.

(2)Credit services organization. Any business that is registered, or is required to be registered, to provide consumer credit services as defined and regulated under R.C. §§ 4712.01 through 4712.14.

(3)Short-term loan lender. Any business that is licensed, or is required to be licensed, to make short-term loans as defined and regulated under R.C. §§ 1321.35 through 1321.48.

(4)Small loan lender. Any business that is licensed, or is required to be licensed, to make small loans as defined and regulated under R.C. §§ 1321.01 to 1321.19.

(5)Mortgage loan lender. Any business that is licensed, or is required to be licensed, to make real or chattel mortgage loans as defined and regulated under R.C. §§ 1321.51 through 1321.60.

(6)Pawnbroker. Any business that is licensed, or is required to be licensed, to operate as a pawnbroker as defined and regulated under R.C. Chapter 4727.

(7)Exclusions. For purposes of this definition, "alternative financial services provider" does not include any state- or federally-chartered bank, savings and loan, credit union, or similar financial institution.

ANIMAL HOSPITAL/VETERINARY CLINIC - Any establishment used for the medical or surgical care, observation, or treatment of animals or pets. Use as a kennel shall be limited to short-time boarding and shall be only incidental to such hospital use.

ANTENNA – AMATEUR RADIO TOWER. A free standing or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

ANTENNA – SATELLITE DISH. A device incorporating a reflective surface that is in the shape of a shallow dish, cone, horn or cornucopia. Such device shall be used to transmit and/or receive radio electromagnetic waves between terrestrially and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas.

AUTOMOBILE – LIGHT AND MEDIUM TRUCKS. An automobile includes every motor vehicle with a single front and rear axle, except motorcycles, designed for carrying 10 passengers or less and used for the transportation of persons. The term automobile will also include light and medium trucks which have a single rear axle.

AUTOMOBILE – CONVENIENCE MARKET/GAS STATION MINI-MART. A facility associated with the sale of gasoline products for automobiles, that also offers for sale prepackaged food items and related, tangible consumer goods, primarily for self-service by the consumer. Hot beverages, fountain- type beverages, and pastries may be among the food items offered for sale.

AUTOMOBILE – CONVENIENCE DRIVE- THROUGH. A facility designed for automobiles to drive into the structure to purchase prepackaged food items and tangible consumer goods. Hot and cold beverages and snack foods are typically among the food items offered for sale.

AUTOMOBILE DETAILING SHOP. A facility which provides automobile cleaning services such as exterior hand washing and waxing; interior vacuuming, shampooing, steam cleaning and polishing; and engine cleaning/degreasing. Other services may include minor scratch, swirl, and dent repair; minor paint correction; paint detailing; fabric or paint protection; headlight restoration; and installation of after-market accessories such as tinting, auto alarms, spoilers, sunroofs, headlight covers, and similar items. Typically these services are provided by appointment scheduled in advance and not on a walk-in basis.

AUTOMOBILE – FUELING STATION. A facility for dispensing gasoline, kerosene, or any motor fuel for automobiles in typically a self-service and automated manner. These facilities usually have one or no employees working on site and the sale of other goods is limited to travel aides and minor automobile accessories.

AUTOMOBILE – SERVICE STATION/REPAIR GARAGE. A place where gasoline, kerosene, or any motor fuel or lubricating oil or grease for operating automobiles may be offered for sale to the public and deliveries are made directly into motor vehicles, and may include greasing and oiling on the premises and replacement or installation of parts and accessories, including major repair work such as: motor rebuilding or replacement (but not the reconditioning of motor vehicles); collision services such as body, frame, and fender repair; overall spray painting of automobiles; upholstery work; auto glasswork; welding; tire recapping; radiator repairs; and other similar major mechanical work.

AUTOMOBILE WASHING FACILITY, FULL SERVICE. A building or portion thereof containing facilities for washing automobiles using production line methods.

AUTOMOBILE WASHING FACILITY, SELF SERVICE. A building or portion thereof containing facilities for washing automobiles wherein the customer provides labor and where no self-propelled wash racks are provided.

AUTOMOBILE WRECKING. The dismantling or disassembling of used motor vehicles or trailers; or the storage, sale or dumping of dismantled, partially dismantled, nonoperating or wrecked vehicles or their parts.

BAsem*nT. That portion of a building which is partly underground and which has one half or more of its ceiling height below the average finished grade of the ground adjoining the building in which it is located.

BOARD OF ZONING APPEALS. The Board of Zoning Appeals of the city.

BUILDING. Any permanent or stationary structure having a roof supported by columns or walls for the housing or enclosure of persons, animals, or property. At no time shall this definition be construed to include mobile homes.

BUILDING HEIGHT. The vertical distance from the average contact ground level at the front of the building to the highest point of the coping of a flat roof or to the deck line of a mansard roof or to the ridge for gable, hip, or gambrel roofs.

BUILDING SETBACK LINE. The line nearest the front and across a lot establishing the minimum open space to be provided between the front line of the building foundation and the front lot line. The front lot line of the foundation of enclosed porches or vestibules if nearer the front line than the main foundation.

BUSINESS. An occupation, enterprise, undertaking, or employment which engages in the purchase, sale, barter, or exchange of goods, wares, merchandise, or services or where there is the maintenance or operation of an office for the exhibition, sale, or offering of merchandise or services.

CHARTER. Charter of the city.

CHURCHES AND OTHER SIMILAR PLACES OF RELIGIOUS WORSHIP. An institution that people regularly attend to participate in or hold religious services, meetings, and other activities. The term “church” shall not carry a secular connotation and shall include buildings in which the religious services of any denomination are held.

CITY. The City of West Carrollton, Ohio.

CITY COUNCIL. The City Council of the City of West Carrollton.

CITY MANAGER. The City Manager of the City of West Carrollton.

CLEAR DISTANCE. The open space between any structure, whether primary or accessory.

CLERK OF COUNCIL. The Clerk of Council of the City of West Carrollton.

COMPREHENSIVE PLAN. A plan, or any portion thereof, adopted by the City Planning Commission and the City Council showing the general location and extent of present and proposed physical facilities including housing, industrial, and commercial uses, transportation, parks, schools, and other community activities. This plan establishes the goals, objectives, and policies of the city.

CONCEPT PLAN. See PLANNED UNIT DEVELOPMENT, PRELIMINARY.

CONTRACTOR. For the purposes of this Chapter, this term shall mean a business involved in building, construction, remodeling, and/or landscaping, which includes but is not limited to trades such as heating, air conditioning, painting, plumbing, and roofing.

CONTRACTOR OFFICE. A building or portion thereof used for conducting the administrative affairs of a Contractor, which does not involve any exterior storage or the parking of any trailers, machinery, equipment, or vehicles measuring more than seven (7) feet in width, seven (7) feet in height, or eighteen (18) feet in length.

CONTRACTOR SHOP. An enclosed space used for the housing and/or operation of machinery, the provision of services, the fabrication of building-related products, and the interior storage of a Contractor which does not involve any exterior storage area. A Contractor Shop may also be comprised of a Contractor Office.

CONTRACTOR STORAGE YARD. An outdoor space used primarily for the storage of trailers, equipment, vehicles, machinery, building materials, construction materials, landscape materials, or components by a Contractor, who shall also be the owner and/or occupant of the premises. The Contractor Storage Yard shall be screened from public view as required by Section 154.13.01, Landscape Requirements. A Contractor Storage Yard may also be comprised of a Contractor Office and/or a Contractor Shop.

CONTRACTOR SALES AND STORAGE YARD. A Contractor Storage Yard also used for the sale of building, construction, remodeling, and/or landscaping materials to the public. A Contractor Sales and Storage Yard may also be comprised of a Contractor Office and/or a Contractor Shop.

DAY CARE FACILITY, ADULT. A facility, licensed by the state, providing care or supervision for the elderly and/or functionally impaired adults in a protective setting for a portion of a 24-hour day. Services include the monitoring of clients, social and recreation services, food and nourishment, and health support services. The operation of the facility shall not include overnight occupancy by the clients. Adult day care may be operated within structures on church premises or publicly owned community centers, provided such uses are lawfully permitted and operating in the underlying zoning district.

DAY CARE FACILITY – CHILD DAY CARE CENTER. Any place where child day care is provided for 13 or more children at one time, or any place that is not the permanent residence of the licensee or administrator in which child day care is provided for 7 to 12 children. (Based on ORC 5104).

DAY CARE FACILITY – TYPE A FAMILY DAY CARE HOME. A permanent residence of the administrator in which private or publically-funded child day care is provided for 7 to 12 children at one time, or a permanent residence of the provider in which private child day care is provided for 4 to 12 children at one time if four or more are under two years of age. In counting children for the purposes of this section, no children of the administrator shall be counted. (Based on ORC 5104).

DAY CARE FACILITY – TYPE B FAMILY DAY CARE HOME. A permanent residence of the provider in which child day care is provided for one to six children at one time and in which not more than three children are under two years old at one time. In counting children for the purposes of this section, no children of the day care provider shall be counted. (Based on ORC 5104).

DENSITY. The number of dwelling units per acre of land.

DENSITY, HIGH. Ten to 15 dwelling units per acre.

DENSITY, LOW. One to four dwelling units per acre.

DENSITY, MEDIUM. Five to nine dwelling units per acre.

DISTRICT. Same as ZONING DISTRICT.

DRAINAGEWAY. A water course, gully, dry stream, creek, or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek, or ditch.

DRIVE-IN/DRIVE THROUGH/DRIVE-UP. A business establishment designed or operated to serve a patron who is seated in an automobile.

DWELLING. Any building, or portion thereof, which is designed or used exclusively for residential purposes, including one-family, two-family, and multi- family dwellings, but not including hotels, motels, boarding houses, lodging houses, tents, cabins, travel trailers, or tree houses. An industrialized unit and a permanently-sited manufactured home shall also be considered to be a dwelling.

DWELLING – CONDOMINIUM. A multiple- family dwelling where each family owns its own dwelling unit and the common areas of the building and site are owned and maintained jointly by the occupants.

DWELLING, DETACHED SINGLE-FAMILY. A building designed for or used for residence purposes by one family.

DWELLING – INDUSTRIALIZED UNIT. A residential building unit or assembly of closed construction fabricated in an off-site facility pursuant to a state building code, such as the Ohio Basic Building Code, that is substantially self-sufficient as a unit or as part of a greater structure, and that requires transportation to the site of intended use. An industrialized unit is manufactured in such a manner that its structural, plumbing, electrical, environmental control, or fire protection elements or components are concealed and are not readily accessible for inspection at the site of its intended use, without disassembly, damage, or destruction. An industrialized unit includes units installed on the site as independent units, as part of a group of units, or incorporated with standard construction methods to form a completed structural entity. An industrialized unit does not include a manufactured home or mobile home as defined herein and is commonly referred to as a modular home.

DWELLING, MANUFACTURED HOME. A manufactured home, as defined herein, which is located in a manufactured-mobile home park, as defined herein.

DWELLING, MOBILE HOME. A mobile home, as defined herein, which is located in a manufactured- mobile home park, as defined herein.

DWELLING, MULTIPLE-FAMILY. A building or portion thereof designed for or used by three or more families living independently of one another.

DWELLING, ROW. A dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwelling; in the latter case, it will have a party wall on one side only. A row dwelling shall be considered to be a multiple-family dwelling.

DWELLING – SINGLE-FAMILY, ZERO LOT LINE. A detached, single-family dwelling unit distinguished by one exterior wall on a side property line; or two attached, single-family units on separate lots sharing a common wall at the side-property line.

DWELLING, TWO-FAMILY. A building designed for or used by two families, with the adjacent dwelling units separated by floor or by a common party wall.

DWELLING UNIT. A single-family dwelling or a single residential unit in a dwelling used by one family for cooking, living, and sleeping purposes.

ELDERLY. Persons or households headed by a person age 60 or older.

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.

EMPLOYEE. A person who performs any service on the premises of a business on a full-time, part-time, or contract basis, whether or not the person is denominated an employee, independent contractor, agent, or otherwise and whether or not said person is paid a salary, wage, or other compensation by the operator of said business. Employee does not include a person exclusively on the premises for repair or maintenance of the premises or equipment on the premises, or for the delivery of goods to the premises.

ENGINEER. Any engineer licensed by the State of Ohio.

ESCORT. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration.

ESSENTIAL SERVICE. The location, erection, construction, reconstruction, change, alteration, maintenance, removal, use, or enlargement by public utilities or city or other governmental agencies of underground or overhead gas, electrical, steam, or water generation, transmission of distribution systems, including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by the public utilities or city or other governmental agencies or for the public health, safety, and general welfare.

ESTABLISHMENT. A building or structure used for commercial or industrial purposes, including stores, shops, plants, factories, warehouses, wholesale houses, and the like.

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

FAMILY. One or more persons related by blood, marriage, adoption, or legal guardianship residing in and maintaining a common household as their permanent residence, as distinguished from a group occupying a rooming house, motel or hotel, or fraternity or sorority house. A “family” shall also include a functional family, as defined herein. To protect the public health, safety, and welfare, the maximum occupancy of any residential unit shall be determined by the West Carrollton Property Maintenance Code, the West Carrollton Fire Prevention Code, and the Ohio Building Code.

FAMILY, FUNCTIONAL. One or more persons who are not related by blood or marriage with a demonstrable and recognizable bond characteristic of a cohesive unit, residing in and maintaining a common household as their permanent residence. This bond typically involves the function of child-rearing (whether natural or foster) or group living arrangements for the disabled, elderly persons over 60 years of age, or mentally/developmentally disabled persons. To protect the public health, safety, and welfare, the maximum occupancy of any residential unit shall be determined by the West Carrollton Property Maintenance Code, the West Carrollton Fire Prevention Code, and the Ohio Building Code.

FENCE. An enclosure, barrier, or screen whose purpose is to physically or visually contain certain uses and activities which are carried out on a particular zoning lot.

FINANCIAL INSTITUTION WITH DRIVE-IN. Any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies where walk-in and drive-in services to consumers is provided on-site.

FINANCIAL INSTITUTION WITHOUT DRIVE- IN. Any building wherein the primary occupation is concerned with such federal or state-regulated businesses as banking, savings and loans, loan companies, and investment companies exclusively offering walk-in services to consumers. or clients on site.

FLOOD PLAIN. The areas adjoining any river, creek, or stream which are subject to flooding, as defined by the Miami Conservancy District.

FLOODWAY. The channel of a river or stream and those portions of the flood plain that are required to carry and discharge the flood water, as defined by the Miami Conservancy District.

FLOOR AREA. The total horizontal area of all floors finished as usable area including roofed porches and roofed terraces. Measurements of floor area shall be taken to the outside of the exterior walls.

GARAGE, PRIVATE. A detached accessory building or a portion of the principal building used only for the storage of vehicles and incidental personal property.

GARAGE APARTMENT/CARRIAGE HOUSE APARTMENT. A garage apartment is a structure above a private garage in which provision is made for one dwelling unit. A carriage house apartment is a garage apartment created from a historic carriage house. A carriage house is typically a large garage structure that predates the advent of the automobile and was designed for the storage of one or more carriages (or buggies) with provision for one or more horse stalls.

GOLF COURSE. A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course includes a clubhouse, shelters, locker rooms, and related retail sales that may include a restaurant or driving range as accessory uses.

GROUP HOME – ADULT CARE FACILITY. An Adult Care Facility can be either an Adult Family Home or an Adult Group Home as separately defined. An Adult Care Facility is a residence, facility, institution, hotel, or congregate housing project, providing accommodations and supervision to three to sixteen unrelated adults, at least three of whom are provided personal care services, regardless of how the facility holds itself out to the public. An Adult Care Facility does not include:

(1)A facility operated by a hospice care program.

(2)A nursing home, rest home, or home for the aging.

(3)A community alternative home.

(4)An alcohol and drug addiction program.

(5)A habilitation center.

(6)A licensed residential facility for the mentally ill.

(7)A licensed methadone treatment facility.

(8)A residential facility regulated/licensed under the Department of Mental Retardation and Developmental Disabilities.

(9)A facility that provides personal care services to fewer than three residents or that provides, for any number of residents, only housing, housekeeping, laundry, meal preparation, social or recreational activities, maintenance, security, transportation, and similar services that are not personal care services or skilled nursing care.

(10)Any facility that receives funding for operating costs from the Department of Development to provide emergency shelter housing or transitional housing for the homeless.

(11)A terminal care facility for the homeless that has entered into agreement with a hospice care program.

(12)A facility approved by the Veterans administration.

(13)An assisted living facility.

GROUP HOME – ADULT FAMILY HOME. An adult family home is an adult care facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of those adults. Adult family homes are licensed in accordance with ORC Chapter 3722.

GROUP HOME – ADULT GROUP HOME. An adult group home is an adult care facility that provides accommodations to 6 to 16 unrelated adults, and provides supervision and personal care services to at least three of the unrelated adults. Adult group homes are licensed in accordance with ORC Chapter 3722.

GROUP HOME – COMMUNITY ALTERNATIVE HOME. A community alternative home is a residence or facility that provides accommodations, personal assistance, and supervision for three to five unrelated individuals who have immunodeficiency syndrom or a condition related to Acquired Immunodeficiency Syndrome (AIDS). A community alternative homes does not include nursing homes, rest homes, or homes for the aging, adult foster care facilities, hospice care facilities, or an assisted living facility.

GROUP HOME – CONGREGATE HOUSING. A residential facility for four or more elderly persons within which are provided living and sleeping facilities, meal preparation, laundry services, and room cleaning. Such facilities may also provide other services, such as transportation for routine social and medical appointments, and counseling.

GROUP HOME – FOSTER CARE FACILITY/CERTIFIED FAMILY FOSTER HOME. A foster care facility, or foster home, is a family home in which any child is received apart from his or her parents for care, supervision, or training. (Based on ORC 2151.01). A certified family foster home is foster home operated by persons holding a certificate in force, issued under Section 5103.03 of the Revised Code. (Based on ORC 2151.01).

GROUP HOME – HOME FOR THE AGING. A home that provides accommodations, supervision, and personal care services or accommodations, supervision, personal care services, administration of medication, and supervision of special diets for three or more unrelated individuals who are dependent on the services of others by reason of age and physical or mental impairment, and personal care services and skilled nursing care for three or more unrelated individuals.

GROUP HOME – HOUSING FOR THE ELDERLY. A building or group of buildings containing dwellings where the occupancy of the dwelling is restricted to persons sixty (60) years of age or older or couples where either the husband or wife is sixty (60) years of age or older. This does not include a development that contains convalescent or nursing facilities.

GROUP HOME – LIFE CARE FACILITY. A facility for the transitional residency of elderly and/or disabled persons, progressing from independent living in single-family units to congregate apartment living where residents share common meals, culminating in a full health and continuing care nursing home facility.

GROUP HOME – MR-DD FAMILY CARE FACILITY. A facility which provides residential service in a residence for three to eight individuals, exclusive of staff, who are not related to the resident householder. These individuals are physically or mentally handicapped, disabled, or in need of adult supervision, and are provided 24-hour services and supervision in accordance with their needs, under the guidance of an individual or individuals approved by the appropriate public or private health/welfare agency. This does not include nursing homes, rest homes, or hospitals, but does include the following:

(1)Facilities for children or adolescents who have been adjudged delinquent or have social or emotional problems.

(2)Rehabilitation centers for adolescents or adults who have been institutionalized and released, or who have or have had mental, physical, or social disabilities which require a group setting to facilitate the transition to a functional member of society.

(3)Resident facilities for mentally retarded, mentally ill, or physically handicapped children or adults.

GROUP HOME – MR-DD GROUP CARE FACILITY. A facility which provides residential service in a residence for nine to 16 individuals exclusive of staff, who are not related to the resident householder. These individuals are physically or mentally handicapped, disabled, in need of adult supervision, and are provided 24-hour services and supervision in accordance with their needs, under the guidance of an individual or individuals approved by the appropriate public or private health/welfare agency. This does not include nursing homes, rest homes, or hospitals, but does include the following.

(1)Facilities for children or adolescents who have been adjudged delinquent or have social or emotional problems.

(2)Rehabilitation centers for adolescents or adults who have been institutionalized and released, or who have had mental, physical, or social disabilities which require a group setting to facilitate the transition to a functional member of society.

(3)Resident facilities for mentally retarded, mentally ill, or physically handicapped children or adults.

GROUP HOME – REST HOME. A home that provides either of the following:

(1)Accommodations for 17 or more unrelated individuals, and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment; or in the case of a rest home component of a home for the aging, accommodations to three or more individuals and supervision and personal care services for at least three of those individuals.

(2)Accommodations for three or more unrelated individuals, supervision and personal care services for at least three of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and supervision of special diets and of the administration of medication to at least one of those individuals.

GROUP HOME – NURSING HOME. A home used fo the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care or individuals who require personal care services, but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled care services.

HEALTH DEPARTMENT. The Montgomery County Combined Health District.

HEDGE. A dense growth of shrubbery, usually planted to function as a fence or boundary.

HOME IMPROVEMENT CENTER. A facility more than 30,000 square feet gross floor area involved in the sale of hardware or merchandise such as building materials, tools, lawn and garden equipment, and durable household goods, such as refrigerators, washing machines, and carpeting.

HOME OCCUPATION. Any occupation conducted in its entirety within a dwelling unit, provided that no person other than members of the family residing on the premises shall be engaged in the occupation and the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to use for residential purposes by its occupants. This land use is regulated by § 154.16.03.

HOOKAH. A type of water pipe used to smoke tobacco or other legal non-tobacco substances, in which air is heated by charcoal or burning embers and passed through the tobacco or other substance to form smoke, and the smoke then passes through a water-filled chamber where it is filtered and cooled, and then inhaled through a tube and mouthpiece by one or more users during a smoking session which may last from forty five (45) to sixty (60) minutes or longer. At the end of a smoking session, the dirty water is discarded and the water chamber is refilled for the next user(s). The term "hookah" may also be referred to as a water pipe, narghile, argileh, goza, or hubble bubble.

HOOKAH BAR. A smoking establishment whose business operation, whether as its primary use or as an ancillary use, is devoted to the on-premises use of hookahs. The term "hookah bar" includes but is not limited to establishments variously known as hookah parlors, hookah cafes, and hookah lounges.

INDUSTRIAL BUILDING. Any building or structure used for the purpose of manufacturing, processing, testing, and similar industrial use, which may generate some objectionable characteristics, such as noise, smoke, dust, or pollution, requiring large sites, open storage, and service areas and ready access to regional transportation.

JUNK. Old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled, or wrecked automobiles or parts thereof; iron, steel and other old or scrap ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing such materials.

JUNK YARD. An establishment or place of business (other than an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes), which is maintained or operated for the purpose of storing, keeping, buying or selling junk; or for the maintenance or operation of an automobile graveyard, except an establishment or place where automobiles, wrecked or otherwise, are held or impounded for a period not to exceed ninety days exclusively for storage, repair, or resale without alterations.

KENNEL. Any structure or premises within or on which four or more canines or felines over four months of age are kept for any reason or purpose.

LIVING AREA. That portion of a dwelling which is devoted to ordinary human activities such as sleeping, cooking, eating, socializing and relaxing. Living area does not include garages, unfinished attics, or basem*nts, utility buildings, barns, and similar structures or spaces.

LOADING SPACE. A space for the standing, loading, or unloading of motor vehicles.

LODGING – BED AND BREAKFAST ESTABLISHMENT. A single-family, detached, private residence which offers sleeping accommodations to lodgers in rooms for rent in the owner or operators principal residence. While renting rooms to lodgers, breakfast is served at no additional cost. For the purpose of this definition, a lodger is defined as a guest who rents a room in a bed and breakfast establishment for fewer than 30 days.

LOT. A parcel of land defined by metes and bounds or boundary lines in a recorded deed or on a recorded plat, fronting on a legally dedicated public thoroughfare or public access easem*nt. In determining lot area, no part thereof within the limits of the proposed thoroughfare rights-of-way shall be included.

LOT AREA. The computed area contained within the lot lines, excluding right-of-way.

LOT, CORNER. A lot at the juncture of and fronting on two or more intersecting streets.

LOT COVERAGE. A measure of intensity of land use that represents the portion of a site that is covered by buildings and other structures.

LOT DEPTH. The mean horizontal distance between the front and the rear lot lines.

LOT, INTERIOR. A lot other than a corner lot with only one frontage on a street.

LOT LINES. The property lines bounding the lot.

LOT LINE, FRONT. The line separating the lot from a street right-of-way, or if none exists, a public access easem*nt.

LOT LINE, REAR. The lot line opposite and most distant from the front lot line.

LOT LINE, SIDE. Any lot line other than front or rear lot line.

LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the county recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

LOT WIDTH. The width of the lot measured at the building setback line.

MANUFACTURING. The assembling, altering, converting, fabricating, finishing, processing or treatment of a product.

MANUFACTURED HOME. A residential 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 (commonly referred to as the “HUD Code”), 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.

MANUFACTURED HOME PARK. Any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. A manufactured home park must be licensed by the public health council and must meet all applicable state laws, but it does not include any of the following:

(1)A tract of land used solely for the storage or display for sale of manufactured or mobile homes;

(2)A tract of land used solely as a camping facility for temporary occupancy; or

(3)A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of permanently sited manufactured homes for habitation.

MANUFACTURING, HEAVY. The mechanical or chemical transformation of raw materials or substances into new products, including related accessory buildings and uses, used in the assembling, altering, converting, fabricating, finishing, processing, or treatment of a product. These activities or processes may necessitate the storage of large volumes of highly flammable, toxic matter or explosive materials needed for the manufacturing process. These activities may involve outdoor operations as part of the manufacturing process.

MANUFACTURING, LIGHT. The manufacture, predominantly from previously prepared materials, of finished products or parts, including processing, fabrication, assembly, treatment and packaging of such products, and incidental storage, sales, and distribution of such products. These activities are operated entirely within enclosed buildings which do not adversely affect their surroundings, have adequate access, are served with the necessary utilities, and are not objectionable in their operation or appearance.

MINI-WAREHOUSES/SELF-SERVICE STORAGE FACILITIES. A building, group of buildings, or enclosed storage facility divided into independent, fully-enclosed bays or compartments used to meet the self-service, personal property, storage needs of small businesses, apartment dwellers, and other residential uses; and may include refrigerated facilities.

MOBILE HOME. 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 (320 sq. ft.), is built on a permanent chassis foundation, is transportable in one (1) or more sections, and does not qualify as a manufactured home as defined in division (C)(4) of Section 3781.06 of the Ohio Revised Code or as an industrialized unit as defined in division (C)(3) of Section 3781.06 of the Ohio Revised Code.

NURSERY/GARDEN CENTER. A establishment, or portion thereof, for the retail handling of any article, substance, or commodity related to the planting, maintenance, or harvesting of garden plants, shrubs, trees, packaged fertilizers, soils, chemicals, or other nursery goods and related products in small quantities to the consumer.

OFFICE – PROFESSIONAL OFFICE/BUSINESS OFFICE. Any building or structure, the use of which is limited to providing professional services such as those provided by doctors, lawyers, accountants, architects, engineers, photographers, insurance agents, Realtors, and similar professions, or for the administrative aspects of a business where no goods are sold on the premises.

OPEN SPACE. Land developed to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped.

PARKING, COMMERCIAL. A parcel of land or portion thereof, used for the parking or storage of motor vehicles as a commercial enterprise for which any fee is charged directly to the patron independently of any other use on the premises.

PARKING, ON-SITE. An off-street, hard-surfaced, ground level open area, used exclusively by the customers or persons engaged in the conduct of one establishment on the same site of the establishment.

PARKING, SHARED. An off-street, hard-surfaced, ground level open area, used exclusively by the customers or persons engaged in the conduct of two or more establishments in the immediate vicinity of its location, or by those for whom such establishments are conducted.

PARKING SPACE. An off-street area available for the parking of one motor vehicle, and having an area of not less than 171 square feet, exclusive of passageways and driveways appurtenant thereto and giving access thereto and having direct access to a public street, alley, or public access easem*nt, but being located totally outside of any street or alley right-of-way.

PATIO ENCLOSURE. An unheated or cooled space that is constructed independent of and separated physically by means of doors, walls or windows, from the principal structure to which it is attached. A patio enclosure must be at least 66% open on its three outer walls, except for insect screens or window glazing.

PERMIT, CONDITIONAL USE. A permit issued by the Zoning Enforcement Officer on approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district.

PERMIT, ZONING. A permit issued by the Zoning Enforcement Officer of the city stating that the proposed erection, construction, enlargement, or moving of a building or structure referred to therein complies with the provisions of this zoning code.

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

PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, barber shops, beauty parlors, and similar activities.

PLANNED UNIT DEVELOPMENT/PUD. An area of land in which a variety of housing types are accommodated in a preplanned environment under more flexible standards. A planned unit development typically features varied setback lines, lot sizes, and cluster type site planning whereby maximum allowable densities are established to permit the creation of usable areas of open space.

PLANNING COMMISSION. The Planning Commission of the city.

PRIVATE CLUB. An association organized and operated not for profit for persons who are bona fide members paying annual dues, which owns, hires, or leases premises, the use of which premises is restricted to the members and their guests. The affairs and management of the association are conducted by a board of directors, executive committee, or similar body chosen by the members at their annual meeting. Food, meals, and beverages may be served on the premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be served to members and their guests, provided the service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale or service of alcoholic beverages is in compliance with all applicable federal, state, county, and local law.

PRIVATE STREET. A street that is not dedicated to the city.

PUBLIC ACCESS EAsem*nT. An easem*nt over private property granting to the general public the right of access, and authorizing the city to regulate traffic and enforce maintenance thereon for the purpose of protecting the public health, safety, and general welfare.

PUBLIC UTILITY SUBSTATION AND TRANSMISSION FACILITIES. The use of land outside the public right-of-way for electric substation or natural gas transmission structures.

RECREATION – ATHLETIC TRAINING FACILITIES. An indoor establishment that provides facilities and equipment for the physical development and enhancement of skill levels of athletes participating in a recognized sport. An athletic training facility shall not include bowling alleys, miniature golf courses, driving ranges, pool halls or other uses of a recreational nature. Athletic training facilities may also include pro shops selling a variety of sports equipment and clothing, food, and beverage services, and other incidental uses provided that these uses do not occupy more than five percent (5%) of the floor area.

RECREATION – COMMERCIAL RECREATION FACILITIES. Any establishment whose main purpose is to provide the general public with an amusing or entertaining activity and where tickets are sold or fees are collected for the activity. Includes, but not limited to, arcades, ball fields, billiard halls, bowling alleys, golf driving ranges, laser tag, miniature golf courses, skating rinks, indoor and outdoor swimming pools, movie theaters less than 50,000 s.f. gross floor area, water slides, and other similar recreational facilities.

RECREATION – HEALTH CLUBS. A facility where members or nonmembers use equipment or space for the purpose of physical exercise. Exercise equipment, instruction programs, aerobic exercise classes, and weight control programs may be part of the club. The facility may include running and jogging tracks, game courts, swimming facilities, saunas, showers, massage rooms, and lockers. Health clubs may also include pro shops selling a variety of sports equipment and clothing. Health clubs may also include other incidental uses provided that these uses do not occupy more than five percent (5%) of the floor area.

RECREATIONAL VEHICLE. Shall mean and include the following:

(1)A travel trailer, which is a vehicular, portable structure built on a chassis designed to be used as a temporary dwelling for travel, recreational, and vacation uses, permanently identified travel trailer by the manufacturer;

(2)A pick-up camper, which is a structure designed primarily to be mounted on a pick-up chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational, and vacation uses;

(3)A motorized home, which is a portable dwelling designed and constructed as an integral part of a self-mounted vehicle on wheels and designed for travel and vacation use;

(4)Boats and boat trailers, including boats, floats, rafts, plus the normal equipment to transport the same on the highway;

(5)Fold-out tent trailers;

(6)Utility trailers; and/or

(7)Any combination of the above.

RESOURCE EXTRACTION. Any mining, quarrying, excavating process, storing, separating, cleaning, or marketing of any mineral natural resource.

RESTAURANT, SIT-DOWN. A sit-down eating establishment with a turnover rate of 45 minutes or greater.

RESTAURANT, FAST-FOOD. An eating establishment with or without drive-in facilities with a turnover of less than 45 minutes.

REST HOME. Refer to Group Home - Rest Home definition.

RETAIL SALES AND SERVICES. Any local convenience retail sales and/or service uses including but not limited to, antique shops, bakery shops, barber shops, beauty salons, bookstores, cafes and coffee houses, clothing stores, commercial studios, drug stores, dry cleaning and laundry pick-up stations, gifts and stationary shops, florists, furniture stores, grocery, supermarket, or other food stores, hardware stores, laundromats, paint stores, shoe stores, sporting goods stores, vehicle parts shops, and the like, which supply commodities or perform services.

RETAIL TOBACCO STORE. A retail establishment that derives more than eighty (80) percent of its gross revenue from the sale of cigars, cigarettes, pipes, or other smoking devices for burning tobacco and related smoking accessories and in which the sale of other products is merely incidental. "Retail tobacco store" does not include a tobacco department, or section of a larger commercial establishment, or of any establishment with a liquor permit, or of any restaurant. In the event of a conflict between this definition and the definition of "retail tobacco store" provided in Ohio Revised Code (O.R.C.) Chapter 3794: Smoking Ban, the O.R.C. definition shall prevail.

SCHOOL – BUSINESS TRADE SCHOOL/TECHNICAL SCHOOL. A specialized instructional establishment that provides on-site training of business, commercial and/or trade skills, such as accounting, data-processing, and computer repair.

SCHOOL – NURSERY SCHOOL. An education facility that is primarily educational in nature where children between the ages of three to five years receive schooling.

SETBACK LINE. The closest point at which a building may be constructed in relation to the lot line.

SEWERS – CENTRAL SEWER/GROUP SEWER. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

SEXUALLY-ORIENTED BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, or sexual encounter center.

SEXUALLY-ORIENTED BUSINESS – ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated, slug- operated, or for any form of consideration, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, video or laser disc players, or other image-producing devices are 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 the depicting or describing of specified sexual activities or specified anatomical areas.

SEXUALLY-ORIENTED BUSINESS – ADULT BOOKSTORE/ADULT NOVELTY STORE/ADULT VIDEO STORE. A commercial establishment that, as one of its principal purposes offers for sale or rental for any form of consideration any one or more of the following:

(1)Books, magazines, periodicals, or other printed matter or photographs, films, motion pictures, video cassettes, or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

(2)Instruments, devices, or paraphernalia that are designed for use in connection with specified sexual activities.

(3)A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting 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 commercial establishments from being categorized as an adult bookstore, adult novelty store, or adult video store as long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

SEXUALLY-ORIENTED BUSINESS – ADULT CABARET. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:

(1)persons who appear in a state of nudity or semi-nudity; or

(2)live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities; or

(3)films, motion pictures, video cassettes, slides, or other photographic reproductions that are characterized by the depiction or description of ‘‘specified sexual activities or specified anatomical areas.

SEXUALLY-ORIENTED BUSINESS – ADULT MOTEL. A hotel, motel, or similar commercial establishment that:

(1)offers accommodations to the public for any form of consideration, provides patrons with closed- circuit television transmissions, films, motion pictures, videocassettes, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way that advertises the availability of this adult type of photographic reproductions; or

(2)offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(3)allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

SEXUALLY-ORIENTED BUSINESS – ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

SEXUALLY-ORIENTED BUSINESS – ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, or live performances that are characterized by the exposure of specified anatomical areas or by specified sexual activities.

SEXUALLY-ORIENTED BUSINESS – LICENSEE, SEXUALLY ORIENTED BUSINESS. A person in whose name a license to operate a sexually- oriented business has been issued, as well as the individual listed as an applicant on the application for a license; and in the case of an employee, a person in whose name a license has been issued authorizing employment in a sexually-oriented business.

SEXUALLY-ORIENTED BUSINESS – NUDE MODEL STUDIO. Any place where a person who appears semi-nude, in a state of nudity, or who displays specified anatomical areas and is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration. Nude model studio shall not include a proprietary school licensed by the State of Ohio or a college, junior college, or university supported entirely or in part by public taxation; a private college or university that maintains and operates educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or in a structure:

(1)that has no sign visible from the exterior of the structure and no other advertising that indicates a nude or semi-nude person is available for viewing; and

(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 nude or semi-nude model is on the premises at any one time.

SEXUALLY-ORIENTED BUSINESS – NUDITY/STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.

SEXUALLY-ORIENTED BUSINESS – SEMI- NUDE/SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit, or other wearing apparel provided the areola is not exposed in whole or in part.

SEXUALLY-ORIENTED BUSINESS – SEXUAL ENCOUNTER CENTER. A business or commercial enterprise that, as one of its principal business purposes, offers for any form of consideration:

(1)physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(2)activities between male and female persons and/or persons of the same sex when one or more of the persons is in a state of nudity or semi-nudity.

SEXUALLY-ORIENTED BUSINESS – SPECIFIED ANATOMICAL AREAS. Specified anatomical areas means:

(1)the human male genitals in a discernibly turgid state, even if completely and opaquely covered; or

(2)less than completely and opaquely-covered human genitals, pubic region, buttocks, or a female breast below a point immediately above the top of the areola.

SEXUALLY-ORIENTED BUSINESS – SPECIFIED SEXUAL ACTIVITIES. Specified sexual activities means any of the following:

(1)the fondling or other erotic touching of human genitals, public region, buttocks, anus, or female breasts;

(2)sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

(3)excretory functions as part of or in connection with any of the activities set forth in (1) and (2) above.

SMOKING ESTABLISHMENT. An establishment in which tobacco products are sold for use or consumption on the premises to persons age eighteen (18) and older as provided by state law. The term "smoking establishment" includes but is not limited to establishments referred to as smoking, cigar, or tobacco bars or lounges, but for the purposes of this Chapter shall not include hookah bars.

STORY. That portion of a building included between the upper surface of any floor and the upper surface of the floor next above, or if there is no floor above, the portion between the floor and the ceiling above; also any portion of a building used for human occupancy between the topmost floor and the roof. A basem*nt shall not be counted as a story unless more than one-half of the basem*nt height is above grade level at the front of the building.

STRUCTURE. An assembly of materials which form a construction for occupancy or use, including, but not limited to: buildings, structures, tents, platforms, stages, observation towers, radio, television and telephone towers, water storage tanks, trestles, piers, open sheds, shelters, fences, signs, and the like, which shall be construed to mean the whole or parts thereof.

STRUCTURAL ALTERATIONS. Any change in the supporting members of a building, such as walls, floors, columns, beams, or girders.

STUDIO – INSTRUCTIONAL STUDIO/COMMERCIAL STUDIO. A commercial operation which includes the sale of, and/or the instruction in, arts and crafts, sculpting, ceramics, dance, music and instruments, commercial photography, and other similar commercial and/or instructional-oriented operations.

SUBDIVISION, CLUSTER RESIDENTIAL. A development technique regulated by § 154.16.02 that concentrates permitted residential density in specific areas on a site allowing remaining land to be used for recreation, open space, or the preservation of historically- or environmentally-sensitive areas. A cluster subdivision contains the same number of residential lots and dwelling units as would normally be permitted with conventional subdivision design. Clustering residential lots and increasing density on a portion of the site typically results in the provision of between 25 and 50 percent of the site being used for recreation, open space, or the preservation of historically- or environmentally-sensitive areas. Cluster residential subdivisions must meet all requirements of the West Carrollton Subdivision Regulations.

SUBDIVISION, CONVENTIONAL RESIDENTIAL. A development technique that typically allocates all of a site in either individual lots or public rights of way. Conventional residential subdivisions must meet all requirements of the West Carrollton Subdivision Regulations.

SUBSTANTIAL ENLARGEMENT. An increase in floor areas occupied by the business by more than twenty-five percent (25%) as the floor areas exist on the date this ordinance takes effect.

TAVERN. Facilities or a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. Tavern shall also include private clubs in which alcoholic beverages are regularly sold or served as a principal activity of the organization.

TEMPORARY FOOD VENDOR. (EDITOR’S NOTE: This subsection was repealed by Ordinance 3475, passed April 12, 2011.)

TEMPORARY STRUCTURE. Structures of a temporary nature erected for a period not to exceed 12 months for such uses as construction offices or storage buildings at a construction site.

THOROUGHFARE PLAN, OFFICIAL. The official thoroughfare plan of, and as adopted and periodically amended by the city, establishing the location and official right-of-way widths of principal highways and streets in the city, on file as part of the city comprehensive plan, in the office of the City Manager, together with all amendments thereto subsequently adopted.

TOWER. Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. A communication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service towers. The term tower shall not include amateur radio operator's equipment, as licensed by the FCC.

TRANSFER OF OWNERSHIP OR CONTROL. Transfer of ownership or control means and includes any of the following:

(1)the sale, lease, or sub-lease of the business;

(2)the transfer of securities that constitute a controlling interest in the business, whether by sale exchange, or similar means; or

(3)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.

TREE LAWN. The area between the front of the curb and the front edge of the sidewalk where grass is typically provided.

TRUCK, HEAVY. Heavy trucks are motor vehicles, including truck tractors and similar vehicles designed to haul over 2.5 tons of freight or passengers, with one or more rear axles.

TRUCK STOP. A facility, typically on a site in excess of two acres, providing specialized facilities for retail fueling services for heavy trucks. The site may include related facilities including but not limited to overnight parking, repair shops, automated washes, restaurants, and motels; all as part of the facility.

USE. The employment or occupation of a building, structure, or land for a person's service, benefit, or enjoyment.

USE-BY-RIGHT. A principal permitted use in a particular zoning district which is permitted in that district as a legal right under the terms of this zoning code.

USE, CONDITIONAL. A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.

USE, NONCONFORMING. A legally existing use, building, or structure, which fails to comply with the standards set forth in this code applicable to the district in which it is located.

USE, TEMPORARY. A use of land, building, or structures not intended to be of permanent duration.

UTILITY BUILDING. A detached accessory building used for the purpose of storing equipment and materials or for housing parts of electrical, plumbing, and heating systems for the main building.

VARIANCE. A departure from the strict application of a provision of this zoning code relating to bulk or area requirements for a specific parcel, without changing the zoning ordinance or the underlying zoning of the parcel and meeting the general intent of this zoning code. Use variances are prohibited.

VEHICULAR USE AREA. All areas subject to vehicular traffic including parking lots, access drives, loading areas and service areas.

WALL. A boundary enclosure or separating barrier which is usually opaque.

WAREHOUSE. Any building or structure whose use is limited to the storage, wholesale, and distribution of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive. These facilities are characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or nuisances such as dust, noise, and odors, but not involved in manufacturing or production.

WASTEWATER TREATMENT, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of the Montgomery County Combined Health District.

WHOLESALE ESTABLISHMENT. An establishment that engages in the sale of goods, merchandise, and commodities for resale by the purchaser.

WIRELESS TELECOMMUNICATIONS. Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of communications as authorized by the FCC which a person seeks to locate or has installed upon a tower or antenna support structure. This land use is regulated by § 154.16.09. However, the term wireless telecommunications facilities shall not include:

(1)Any satellite dish antenna regulated by § 154.16.06;

(2)Antennas used by amateur radio operators holding a valid amateur radio (HAM) license issued by the Federal Communications Commission.

WIRELESS TELECOMMUNICATIONS – ANTENNA, FACADE MOUNTED COMMUNICATION. A wireless telecommunication antenna mounted on the facade of a structure such as a building, water tower, steeple, stack or existing light pole or communication tower.

WIRELESS TELECOMMUNICATIONS -- CO-LOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

WIRELESS TELECOMMUNICATIONS – EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

WIRELESS TELECOMMUNICATIONS – MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

WIRELESS TELECOMMUNICATIONS – SUPPORT STRUCTURE. Any building or other structure other than a tower which can be used for location of wireless telecommunications facilities.

YARD. A space on the same lot with a main building, open, unoccupied, and unobstructed by buildings or structures from the ground to the sky, except as otherwise provided in this zoning code.

YARD, FRONT. A yard extending across the full width of the lot, the depth of which shall be the least perpendicular distance between the front lot line and the front of the main building.

YARD, REAR. A yard extending across the full width of the lot between the rear-most principal building and the rear lot line, the depth of which shall be the least distance between the rear lot line and the rear of the principal building. Where a lot abuts on an alley, one-half the alley width may be considered as part of the required rear yard.

YARD, SIDE. A yard between the main building and the side lot line, extending from the front yard or front lot line where no front yard is required, to the rear yard. The width of the required side yard shall be measured horizontally and perpendicularly from the nearest point of the side lot line toward the nearest part of the main building.

ZONING CERTIFICATE. The document issued by the zoning enforcement officer authorizing buildings, structures, or uses consistent with the terms of this zoning code and for the purpose of carrying out and enforcing its provisions.

ZONING CODE. The term zoning code shall mean this chapter, and its amendments.

ZONING DISTRICT. A portion of the incorporated area of the city for which certain uniform regulations governing the use, height, area, and intensity of use by buildings and land and open spaces about buildings are herein established.

ZONING ENFORCEMENT OFFICER. The Zoning Enforcement Officer is that person designated by the City Manager in accordance with the city charter and administrative code to administer and enforce this zoning code.

ZONING LOT. A single tract of land or portion of a tract which is located within one zoning district. Therefor, a ZONING LOT may or may not coincide with a lot or record. The zoning lot shall have adequate frontage on an improved dedicated roadway of adequate width, or on a public access easem*nt.

ZONING ORDINANCE. The term zoning ordinance shall apply to the content of this chapter as adopted by ordinance passed.

(Ord. 1959, passed 3-23-76; Am. Ord. 2557, passed 9-9-86; Am. Ord. 2639, passed 1-26-88; Am. Ord. 2651, passed 7-12-88; Am. Ord. 2810, passed 7-23-91; Am. Ord. 2854, passed 4-14-92; Am. Ord. 2909, passed 10-5-93; Am. Ord. 2943, passed 5-24-94; Am. Ord. 2961, passed 11-22-94; Am. Ord. 3063, passed 9-23-97; Am. Ord. 3082, passed 2-24-98; Am. Ord. 3092, passed 6-9-98; Am. Ord. 3459, passed 11-9-10; Am. Ord. 3567, passed 8-25-15; Am. Ord. 3582, passed 4-12-16; Am. Ord. 3591, passed 10-11-16; Am. Ord. 3592, passed 10-11-16; Am. Ord. 3677, passed 8-25-20; Am. Ord. 3678, passed 8-25-20)

§ 154.02.01 DEFINITIONS. (2024)

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