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Beavercreek City Zoning Code

GENERAL PROVISIONS

§ 158.001 SHORT TITLE.

   All of the zoning ordinances of the city, together with all amendments and supplements thereto, shall be known as and may be cited as the "Zoning Code."
(Ord. 09-21, passed 7-27-09)

§ 158.002 INTENT AND PURPOSE.

   (A)   Regulating lots, uses and structures. This chapter is for regulating the location, height, area, number and size of buildings and other structures, percentages of lot area which may be occupied, size of yards, courts, and other open spaces, density of population, uses of buildings and other structures and the uses of land; and for such purposes dividing the area of the city into districts and zones of such number, shape and area as are deemed best suited to carry out the purposes, providing a method of administration and prescribing penalties and proceedings for administration and enforcement of this chapter.
   (B)   Promoting health, safety and general welfare. The City Council in accordance with enabling legislation for city zoning as provided in R.C. Chapter 713 provides this chapter is adopted for the purpose of promoting the public health, safety, convenience, comfort, prosperity and general welfare; conserving and protecting property and facilitating adequate but economical provision of public improvements.
   (C)   General intent. The City Council is adopting the zoning resolution for The City of Beavercreek, Greene County, Ohio, with appropriate changes to allow compliance with R.C. Title 7 and is adopted pursuant to the provisions of R.C. § 713.14.
(Ord. 09-21, passed 7-27-09)

§ 158.003 DEFINITIONS.

   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. In case of any difference of meaning or implication between the text of this chapter and any caption or illustration, the text shall control.
   ACTUAL START OF CONSTRUCTION. Either the first placement of an integral part of, or permanent construction of, a structure on a site, such as the pouring of slab footings or the installation of piles. The following shall not be construed as or be interpreted as constituting the ACTUAL START OF CONSTRUCTION: land preparation, such as clearing, grading and filling; the installation of streets and/or walkways; the excavation for a basement, footings, piers, foundations or the erection of temporary forms; the installation upon the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of a principal structure.
   ADDITION. Any increase in the gross square footage of a structure.
   ADMINISTRATIVE SITE PLAN REVIEW APPROVAL (ASRA). A site plan review process, performed by City Council and Planning Commission which ensures that the general design plan and detailed site plan for the authorized and approved use or uses on the subject property will protect or enhance the public interest, will provide a suitable and desirable arrangement of use or uses on the subject property, and the use(s) of the subject property provides favorable relationships with one another, the major natural features of the property, and surrounding properties.
   ADULT DAY CARE CENTER. A facility which provides supervision, assistance, protection, medical or personal care for adults for a time period of less than 24 hours per day.
   ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories:
      (1)   ADULT BOOK STORE. An establishment having a substantial or significant portion of its stock in trade, books, magazines, or other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to "specified sexual activities" or "specified anatomical areas" as herein defined or an establishment with a segment or section devoted to the sale or display of such material.
      (2)   ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale of services or products characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons, the exposure or presentation of "specified sexual activities" and/or "specified anatomical areas" and/or physical contact of live males or females, and which is characterized and/or portrayed by either photography, dancing, stripping, reading, massage, male or female impersonation, or similar activity or medium.
      (3)   For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified sexual activities" shall mean: human genitals in a state of sexual stimulation or arousal; acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; and/or fondling or other erotic touching of human genitals, pubic region, buttock or female breasts.
      (4)   For the purpose of the definition of ADULT ENTERTAINMENT FACILITY, "specified anatomical areas" shall mean: less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and/or human male genitals in a discernibly turgid state even if completely and opaquely covered.
      (5)   The definition of ADULT ENTERTAINMENT FACILITY excludes LIVE SEX ACT BUSINESSES as defined in § 158.122.
      (6)   ADULT MINI MOTION PICTURE THEATER. A facility with a capacity for less than 50 persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
      (7)   ADULT MOTION PICTURE THEATER. A facility with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons therein.
   ADVERTISING MESSAGE. The copy on a sign describing products or services being offered to the public.
   AGRICULTURAL ACTIVITY, or FARM. The use of land for farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, the care and/or husbandry of agricultural animals, and the necessary accessory uses for packing, treating or storing the produce; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agricultural activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals. Such activities, with the exception of a private, non-commercial garden, are not permitted in residential districts.
   AGRICULTURAL ANIMAL. Animals commonly raised or kept in an agricultural rather than an urban or suburban environment including, but not limited to chickens, pigs, sheep, goats, horses, cattle, llamas, emus, ostriches, donkeys and mules.
   ALLEY. Any public way affording a secondary means of access to abutting property, and not intended for general traffic circulation.
   ALTERATION. Any change, addition, or modification in construction, type of occupancy, increase in floor space, the consummated act of which may be referred to herein as altered or reconstructed.
   ANIMAL DAY CARE. Any permitted commercially zoned lot or premises on which three or more dogs, cats or other household animals more than six months of age are kept for supervision, assistance, protection, or personal care, and/or grooming for a time period of less than 24 hours per day. Excludes overnight care. Such uses are not permitted in residential districts.
   ANNUALS. Plant materials that complete their life cycle in one growing season.
   ANTENNA SUPPORT STRUCTURE. Any building or structure other than a tower which can be used for location of wireless telecommunication facilities.
   APARTMENT. A suite of rooms or a room in a multi-family building arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
   APARTMENT HOTEL. A building designed for or containing both dwelling units and individual guest rooms or suites of rooms, which may include accessory uses such as gift shops, coffee shops, and the like, when such accessory uses are accessible only from the lobby.
   APPROVED LANDSCAPE PLAN. Landscape drawings reviewed, approved, and stamped as such by the city. See also LANDSCAPE PLAN.
   ASSISTED LIVING FACILITY. A residential facility of which the occupancy is typically persons of special needs because of age, or of mental and/or physical challenges, and includes assistance with personal daily activities such as dressing, grooming and bathing. Such facilities regularly provide 24 hour per day care, food, lodging, training, education supervision, habilitation, rehabilitation and treatment, as needed by the residents, who cannot care for themselves.
   AWNING. Shelter supported entirely from the exterior wall of a building and composed of non-rigid materials except for the supporting framework.
   BANKING SERVICES. A bank, savings and loan, credit union, or other financial institution that provides retail financial services to individuals and businesses. These uses include only those institutions engaged in the on-site circulation of cash money.
      (1)   CHECK CASHING FACILITY. A person or business that for compensation engages, in whole or in part, in the business of cashing checks, warrants, drafts, money orders of other commercial paper serving the same purpose. This does not include a state or federally charted bank, savings association, credit union, or industrial loan company. Also, this does not include a retail seller engaged primarily in the business of selling consumer goods, including consumables, to retail buyers that cash checks or issue money orders incidentally to its principal purpose or business.
      (2)   PAYDAY LOAN FACILITY. An establishment providing loans to individuals in exchange for personal or employment checks as collateral.
   BANQUET HALL. A room or building, with on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
   BAR, TAVERN or NIGHT CLUB. Any establishment where the principal business is the serving of alcoholic beverages to patrons for consumption on the premises.
   BASEMENT. The portion of a building which is partly or entirely below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story, except as provided in STORY and HALF STORY.
   BED AND BREAKFAST. A one family unit in which the principal use is the permanent residential quarters of the residential owner, and in which a maximum of four bedrooms in the principal structure are made available for transient occupancy for a fee, such occupancy to be for generally less than seven consecutive days per person in a 30-day period, with breakfast being served upon the premises as part of the accommodation.
   BILLIARD ROOM or POOL HALL. Any public place wherein the game of billiards is the principal use and includes any place where a fee is charged, which is directly or indirectly conditioned upon or related to the playing of the game of billiards. Billiards means any of the several games played on a table, surrounded by an elastic ledge or cushions, with balls which are impelled by cues and shall include all forms of a game known as pool.
   BLOCK. The property abutting one side of a street and lying between the two nearest intersecting streets, (crossing or terminating) or between the nearest such street and railroad right-of-way, unsubdivided acreage, river or live stream; or between any of the foregoing and any other barrier to the continuity of development, or corporate lines of the city.
   BOARD OF ZONING APPEALS. The Board of Zoning Appeals for the City of Beavercreek, State of Ohio.
   BOARDER. A person who regularly receives lodging with or without meals at another's home for pay or services, with the exception of residents of special needs homes and/or nursing homes.
   BREEZEWAY. A roofed passageway, whether fully enclosed or not, constructed for the purposes of connecting and accessing a detached garage or other accessory structure to the principal structure.
   BREWERY. A business that brews 15,000 or more barrels of ales, beers, meads and/or similar beverages annually on site.
   BREWERY, MICRO. A business that brews less than 15,000 barrels of ales, beers, meads and/or similar beverages annually on site.
   BREW PUB. A commercial business which conducts the retail sale of beer (malt beverages with alcohol content as defined by federal law) which is brewed on the premises, no more than 5,000 barrels annually. Such establishments may also include restaurants as an accessory use.
   BUFFER. A strip of land, with natural or planted vegetation located between any improved area of a site, including temporary and or permanent structures and parking areas and a rear or side property line, intended to separate and partially or completely obstruct the view of two adjacent land uses or properties from one another. A buffer area may contain any required screening such as mounds and fences or stormwater detention facilities for the site.
   BUILDING. Any structure, either temporary or permanent, having a roof supported by columns or walls, and intended for the shelter, or enclosure of persons, animals, chattels, or property of any kind; excepting any type of manufactured housing unit.
      (1)   ACCESSORY BUILDING or ACCESSORY STRUCTURE. A building on the same lot with, and of a nature customarily incidental and subordinate to, those of the principal building. This definition also includes buildings and structures attached to the principal structures by breezeways not meeting the conditions of § 158.104(F).
      (2)   NONCONFORMING BUILDING. See NONCONFORMING STRUCTURE.
      (3)   PRINCIPAL BUILDING or PRINCIPAL STRUCTURE. A building in which is conducted the principal use of the lot where the building is situated and includes areas such as garages and storage areas that are attached to such building or structure. This term shall not include buildings or structures in which accessory uses are conducted.
      (4)   TEMPORARY BUILDING. A building permitted to exist during periods of construction of the principal building, or for special events, but is not inhabitable. Semi truck trailers used as portable warehouses are considered to be temporary buildings and a permit shall be required when used for more than 30 days.
   BUILDING FACE or WALL. All window and wall area of a building in one plane or elevation.
   BUILDING FRONTAGE. The linear length of a building facing the right-of-way. In the case where an individual occupant would have no roadway frontage, the building frontage shall be the linear length of the building fronting the parking lot, or the maximum horizontal width of the portion of the building where that occupant's main entrance is located shall be considered that occupant's separate and distinct building frontage. In the case where the ground floor of a building is occupied by two or more different tenants, the portion of the building frontage occupied by each tenant shall be considered a separate and distinct building frontage.
   BUILDING LINE. See LOT SETBACK LINE.
   CALIPER. Measurement of nursery grown trees at time of planting at one foot above base of tree.
   CANOPY. A roof-like structure or cover that projects from the wall of a building over a door, entrance, window, or a free-standing cover above an outdoor service area, such as an automobile service station.
   CARPORT. A roofed structure, permanently open on at least two sides, designed for or occupied by vehicles.
   CITY COUNCIL. The Council of the City of Beavercreek, State of Ohio.
   CLUB. An organization of persons for a special purpose or for the promulgation of sports, arts, sciences, literature, politics, or the like, including civic, social and fraternal associations.
   COMMUNITY. The physical environs and area located either totally or partially within the boundaries of the city.
   CONVENIENCE STORE or CARRY-OUT. Any retail establishment offering for sale a limited line of groceries and household items intended for the convenience of the neighborhood.
   COUNTY PLANNING COMMISSION. The Regional Planning and Coordinating Commission of Greene County, State of Ohio.
   CROWN SPREAD. The greatest distance of a diameter of a plant.
   DBH. Diameter at breast height. Measurement of tree trunk at four and a half feet above base of tree.
   DECIDUOUS. Plants characterized by having leaves that fall off or shed at a specific season or stage of growth typically when the color of their leaves changes (usually from green to a brighter color, such as red, yellow or orange).
   DECK. An open platform, projecting from the wall of a building, surrounding a pool, or free standing, which is supported by structural pillars or posts at grade, or by the principal building structure itself.
   DENSITY. The number of dwelling units per acre of land.
   DEVELOPMENT. Any building, construction, renovation, mining, extraction, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; any change in the intensity or use of land, such as an increase in the number of dwelling units in a structure or a change to a commercial or industrial use from a less intensive use.
   DISTRICT. A portion of the incorporated area of the city within which certain regulations and requirements or various combinations thereof apply under the provisions of this chapter.
   DRIP LINE. The outer perimeter of the crown of a plant projected onto the ground plane.
   DRIVE-THRU. A business establishment other than a restaurant, so developed that its retail or service character, which is to provide a limited line of groceries or household items, is dependent on providing a drive-way approach to provide for sales and/or services to patrons who remain in their vehicles. May also include a small, walk-in convenience store.
   DRIVEWAY. An area used as means of ingress and egress to a property.
   DRUG, CHEMICAL AND ALCOHOL ADDICTION REHABILITATION CLINIC. An establishment for outpatient services for treatment and counseling for chemical addiction with no overnight or extended stay facilities.
   DWELLING, MULTI-FAMILY. A building or residential structure containing three or more dwelling units.
   DWELLING, ONE-FAMILY. A building or residential structure containing one dwelling unit.
   DWELLING, TWO-FAMILY. A building or residential structure containing two dwelling units.
   DWELLING UNIT. A unit providing complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.
   EARTHEN BERM. Solid earth mound shaped in a curvilinear form with a slope no greater than 3:1, typically for the purposes of screening adjacent properties with landscape plantings.
   EASEMENT. A legal interest in real property generally established in a real estate document or on a recorded plat to reserve, convey or dedicate a use of land for a specialized or limited purpose without the transfer of fee title.
   ERECTED. Includes attached, built, constructed, reconstructed, enlarged, moved upon, or any physical operations on the premises which are required for construction. Includes painting of wall signs, but does not include any copy changes on any sign. Excavation, fill, drainage and the like shall be considered a part of erection.
   ESSENTIAL SERVICES. The underground, surface or overhead gas, electrical, telephone, television, steam, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipe conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar accessories in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or governmental departments for the general health, safety or welfare.
   EVERGREEN or CONIFEROUS. Plant characterized by needle-like foliage that remains green and functional throughout the year.
   EXCAVATION. Any breaking of ground, except common household gardening and ground care.
   FAMILY. One or two persons or parents, with their direct lineal descendants and legal or foster children together with no more than two persons not so related, or a group of unrelated persons living together as a single housekeeping unit in a dwelling unit performing the social function of child-rearing.
   FAMILY CEMETERY. A private property used for internment of human remains, specifically for a family related to a common ancestor.
   FARM. See AGRICULTURAL ACTIVITY.
   FARM VACATION ENTERPRISES. Farms adapted for use as vacation farms, picnicking, sports areas, fishing waters, camping, scenic vistas, nature recreation areas, watershed environmental projects, horse riding, and similar activities.
   FARMER'S MARKET. The seasonal selling or offering for sale at retail of locally grown vegetables or produce, occurring in an area where such uses are permitted. Seasonal Christmas tree sales are considered farmer's markets.
   FEED LOT, COMMERCIAL. Fenced lots not directly associated with a bona fide agricultural operation and used solely for the feeding of animals for marketing purposes.
   FENCE. An artificially constructed barrier of wood, masonry, stone, chain-link, metal or any other manufactured material or combination of materials, intended to prevent straying from within or intrusion from outside the fenced area, as well as to provide screening.
   FENCE, DECORATIVE. A maximum of two connected permanent or temporary standard fence sections designed primarily for aesthetic appeal and not intended for screening or as a method of prohibiting entry to a property.
   FENCE, KENTUCKY BOARD. A fence constructed with uniformly spaced six inch wide horizontal boards, used as rails, attached to four by four inch, or larger, vertical fence posts.
   FENCE, SHADOWBOX. A fence that is considered opaque by construction, but designed so that wind may flow through the fence through alternating panels on each side.
   FLOODPLAIN. As defined by the Federal Emergency Management Agency (FEMA). Floodplains are typically riparian (along streams), coastal, or lacustrine (ocean, lakes).
   FLOOR AREA, COMMERCIAL.
      (1)   GROSS FLOOR AREA, COMMERCIAL. Measurements of floor area shall be the sum of the horizontal areas of the several floors of the building, measured from the exterior walls.
      (2)   NET FLOOR AREA, COMMERCIAL. The area used for, or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, hallways, stairways and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this computation of floor area.
   FLOOR AREA, RESIDENTIAL. The sum of the horizontal areas of each story of the building that is measured from the exterior walls. The floor area measurement is exclusive of unfinished basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, except basement areas designed and used for dwelling or business purposes. This definition shall be used for the purposes of computing the minimum floor area per unit in a residential dwelling unit.
   FOOTPRINT, ACCESSORY STRUCTURE. The outline of the exterior/perimeter of an accessory structure, regardless if enclosed or unenclosed.
   FOOTPRINT, PRINCIPAL STRUCTURE. The outline of the exterior/perimeter of the principal structure including attached garages but excluding all other areas incapable of year round dwelling use, such as patios and/or unenclosed porches. Used primarily for the purposes of computing the maximum allowable accessory structure square footage in a residential district.
   FRONTAGE. The distance between the side lot lines measured along a public or private road, except in the case of a cul-de-sac or other curved street where frontage shall be measured along the required front setback line; and in the case of a corner lot or other multiple frontage lots where frontage shall be measured along all adjacent roadways.
   GARAGE, PARKING. A space or structure or series of structures for the temporary storage or parking of motor vehicles.
   GARAGE, PRIVATE. An accessory building or portion of a principal building designed or used primarily for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, constructed on a permanent concrete foundation.
   GARAGE, TEMPORARY. An accessory building, with or without walls, designed for the storage of motor-driven vehicles, boats and similar vehicles owned or used by the occupants of the building, which is a movable, tent-like shelter. This would include inflatable and portable garages. Such temporary, portable or inflatable garages are constructed of a plastic, canvas, or similar type of material, supported by a metal or wood frame, or designed so as to be filled with air.
   GARDEN, NON-COMMERCIAL. An area used for the growing of vegetables, flowers, etc., not for commercial sale.
   GARDEN CENTER. Any premises including accessory buildings or structures, or a combination thereof, used for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
   GRADE or GROUND LEVEL. The average of the finished ground level at the center of all walls of a building. In case walls are parallel to and within five feet of a sidewalk, the above ground level shall be measured at the sidewalk, unless otherwise defined herein.
   GRADING. The alteration of soils and landforms and topography usually through earthwork construction.
   GRADING LIMIT or NO GRADE ZONE.  Area of a lot or parcel which is designated not to be graded, built upon, altered or stripped of natural vegetation or features, during the grading and/or construction of a building on said lot or parcel.
   GREEN SPACE EASEMENT, NO CUT ZONE or LANDSCAPE BUFFER. An open space landscape area that is not WOODLAND EASEMENT in a legal form that is acceptable to both the city and the Law Director that includes the legal description of the area that is to remain as green space. This area may be a lawn, contain landscaping and fencing, may be used for recreation activities (active or passive), be part of the storm water detention plan and/or landscape screen buffer, if and only if existing vegetation (in the form of trees in excess of four inches in caliper) does not need to be removed to provide area for said function, unless written permission is expressly granted beforehand by the City of Beavercreek. No accessory buildings or structures (except fences) shall be permitted within areas so designated on the subdivision record plan, or on the approved specific site plan of a PUD.
   GROUND COVER. Grass, sod, or creeping vines, and low growing shrubs, that do not exceed ten inches in height. Ground cover shall be planted at the appropriate spacing to achieve a full green mat on the surface area in approximately two years from time of planting.
   GROWING SEASON. The last spring frost to the first fall frost.
   HAZARDOUS WASTE. A waste with properties that make it dangerous or potentially harmful to human health or the environment. Hazardous wastes can be liquids, solids, contains gases, or sludges. They can be the by-products of manufacturing processes or simply discarded commercial products, like cleaning fluids or pesticides, as defined by the United States Environmental Protection Agency.
   HEALTH CLUB. A place or building where passive or active exercises and related activities are performed for the purpose of physical fitness, improved circulation or flexibility, and/or weight control. The activities shall be conducted entirely within an enclosed building.
   HEDGE. A row of shrubs or trees that are planted close to each other in order to form a boundary, fence or screening.
   HEIGHT, ACCESSORY BUILDING. The vertical distance from the adjacent grade to the highest point of the building. Where a building is located on sloping terrain, the height may be measured from the average ground level of the grade at the front of the building wall.
   HEIGHT, PRINCIPAL BUILDING. The vertical distance measured from the established grade to the highest point of roof surface for flat roofs; to the deck line of mansard roofs; and to the average height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average, ground level of the grade at the front of the building wall.
   HOME OCCUPATIONS or HOME BUSINESSES. Any lawful commercial activity conducted within a residential dwelling unit in a residential zoning district which is clearly subordinate to the property's residential use and which meets the requirements of § 158.133 of this code.
   HOSPITAL or SANATORIUM. An institution where sick or injured persons are given medical care and, in the course of same, are housed overnight, fed, and provided nursing and related services. This definition shall not include drug rehabilitation facilities, halfway houses, convalescent or nursing homes, institutions for mentally ill individuals, or other similar facilities.
   HOTEL. A building occupied as a temporary abiding place for individuals who are lodged with or without meals in which there are ten or more sleeping rooms and no provision made for a cooking facility in any individual room, apartment, or suite. A hotel may include a restaurant or cocktail lounge, public banquet halls, ballrooms and/or meeting rooms.
   HOTEL, EXTENDED STAY. A hotel which includes all facilities specified under HOTEL, as well as extended stay units which cater to longer-term occupancy and which have kitchen/cooking facilities within each unit.
   IMPERVIOUS SURFACE. Any material that prevents absorption of stormwater into the ground. For the purposes of this chapter, impervious surface shall be interpreted to include but not be limited to the area covered by all buildings, all parking areas, all sidewalks, and all driveways, but shall not include existing streets or rights-of-way.
   IMPROVED SURFACE. A permanent and continuous hard surface constructed of the either one or more of following: Portland cement concrete, bituminous/asphalt concrete, or a solid brick paver surface, excluding grass pavers, for the purpose of accommodating vehicular parking, and ingress and egress to the property.
   INDIVIDUAL ESTABLISHMENT. A separate and distinct commercial operation.
   INSTITUTIONAL USES. Colleges, universities, schools with any of first through twelfth grades, seminaries, places of religious assembly, public or governmental libraries, hospitals and medical centers, museums, governmental or public offices and buildings, public community centers, public recreation centers, cemeteries, or uses of similar character.
   JUNK or INOPERABLE VEHICLE. A vehicle shall be deemed a junk or inoperable vehicle whenever any one of the following occurs:
      (1)   The vehicle is without a valid current registration and/or license plate;
      (2)   The vehicle is without fully inflated tires and/or has any type of support under it;
      (3)   The vehicle has a substantially damaged or missing windshield, door(s), motor, transmission, or other similar major part;
      (4)   The vehicle is being used only for the purpose of storage;
      (5)   The vehicle is not operable and drivable within 24 hours after notification.
   JUNKYARDS or SALVAGE YARDS. An open area where waste, used or second hand materials are bought and sold, exchanged, stored, baled, packaged, disassembled or handled including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A junkyard or salvage yard includes automobile wrecking yards and includes any area in a commercial district of more than 200 square feet for storage, keeping or abandonment of junk but does not include uses established entirely within enclosed buildings. Two or more junk or inoperable vehicles shall be considered a junk yard.
   KENNEL or CATTERY. Any lot or premises, on which four or more dogs, cats or other domesticated household animals more than six months of age are bred and/or boarded for commercial purposes. Such uses are not permitted on lots used or zoned for residential purposes.
   LANDSCAPE CONTRACTOR. A contractor primarily responsible for providing landscaping materials and installation of materials for residential and/or nonresidential projects. A landscape contractor's services may include, but are not limited to the following:
      (1)   Site grading
      (2)   Drain tile
      (3)   Sodding or seeding
      (4)   Landscape planting
      (5)   Paved driveways, walkways and patios
      (6)   Wood decks
      (7)   Irrigation and water features
      (8)   Wood garden structures (i.e., arbors, trellises, wood fencing)
      (9)   Mulch and topsoil sales
   LANDSCAPE ISLAND. One of three types of islands that is required to be planted per parking lot interior requirements.
      (1)   INTERIOR (PARKING LOT) ISLAND. The landscape island between terminal islands, constructed with barrier curb, separating parking bays.
      (2)   STANDARD LANDSCAPE ISLAND. Islands that are parallel with parked cars and perpendicular to interior islands. These islands are useful for providing separation for long strips of parking and additional tree plantings as required.
      (3)   TERMINAL LANDSCAPE ISLAND. Landscape islands at the ends of parking bays, usually at the edge of an intersection of aisles. These islands are required at the terminus of all parking bays.
   LANDSCAPE PLAN. The drawings submitted to the city for review illustrating the design layouts, species, quantities, and construction details for installing landscape planting materials, and other information as required by § 158.135.
   LANDSCAPE STRIP. The area between parking lots and public rights-of-way required to be planted with trees and other plantings.
   LATCH KEY PROGRAM. Program providing care and oversight of children, primarily between the close of the school day and the end of the business day. Such programs require licensing by the state and are intended to provide an alternative to children returning to an empty house after school is over; also known as "Schoolchild Day Care Center".
   LIMITED PRODUCTION. Small, non-assembly-line scale production of goods accompanying the research and development of materials being produced.
   LOADING AREA. An area other than a street, public right-of-way, or required parking space, the principal use of which is loading and unloading of trucks and/or trailers, to avoid undue interference of vehicular traffic circulation on streets, parking stalls and drive aisles.
   LOADING SPACE. An off-street space marked as dedicated for the loading and unloading of vehicles containing materials necessary to the functioning of the business contained therein and located on the same lot with a building, or a group of buildings and accessory buildings.
   LOT. A parcel of land, the dimensions of which are shown on a document or map filed with the Greene County Recorder's Office, and which actually exists as so shown, or any part of such parcel held in a record of ownership separate from that of the remainder thereof.
   LOT AREA. The computed area contained within the lot lines.
   LOT, CORNER. A lot which has two contiguous sides, each abutting upon a street for its full length.
   LOT COVERAGE. The percentage of the lot occupied by a building or buildings, including accessory buildings.
   LOT, DOUBLE AND OTHER MULTIPLE FRONTAGE. A lot which fronts on more than one public or private road. All frontages of such lots shall comply with required setbacks from adjacent roadways for the zoning district in which they are located.
   LOT, INTERIOR. Any lot other than a corner, double or multiple frontage lot.
   LOT LINES. The lines bounding a lot.
      (1)   FRONT LOT LINE. In the case of an interior lot, the front lot line is that line separating the lot from the rights-of-way. In the case of a corner lot and double or multiple frontage lots, front lot lines are those lines separating the lot from all rights-of-way immediately abutting the lot.
      (2)   REAR LOT LINE.
         (a)   For interior lots, the lot line opposite the front lot line shall be the rear lot line. In the case of a lot pointed at the rear, the rear lot line shall be an imaginary line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot. In the case of a corner lot, the rear lot line is a point most distant from the front lot lines at which the two interior lot lines intersect. In the case of a double or multiple frontage lot, there is no rear lot line.
         (b)   In the case of irregular, triangular, or other irregular shaped lots, the measurement of the rear setback is taken from a line ten feet in length within the lot, parallel to and at a maximum distance from the front lot line.
 
      (3)   SIDE LOT LINE. Any lot line other than the front lot line or rear lot line.
   LOT, NONBUILDABLE. A designated parcel, tract, or area of land established by plat, subdivision, or as otherwise permitted by plat, to be separately owned, hut cannot be developed, or have a structure constructed on it. These lots are generally created on a temporary basis in order to expedite the transfer of ownership, and are replatted at a future date to remove the “Non-Buildable” designation.
   LOT SETBACK LINE. A line parallel to a lot line, thoroughfare, road or street, or right-of-way line at any story level of a building which represents the distance which the exterior wall of a building or structure is to be set back from said lot line, street, or right-of-way. See also § 158.110, Projections into Required Yards.
      (1)   FRONT SETBACK LINE. An imaginary line parallel to the front lot line extending the full width of the lot, representing the distance which the nearest point of the exterior wall of any structure or building is to be set back from the front lot line. In the event that the front lot line does not fall along a right-of-way line, then the front setback line shall be measured from a line parallel to the centerline of the street, road or thoroughfare at the edge of the right-of-way nearest to the property.
      (2)   REAR SETBACK LINE. An imaginary line parallel to any rear lot line representing the distance which the nearest point of the exterior wall of any building is to be set back from the rear lot line. In the case of a corner lot, the rear setback line is an imaginary line on an arc from a point most distant from the front lot lines at which the two side lot lines intersect.
      (3)   SIDE SETBACK LINE. An imaginary line parallel to any side lot line representing the distance which the nearest point of the exterior wall that a building is to be set back from a side lot line.
   LOT WIDTH. The horizontal distance between the side lot lines measured at the two points where the building line, or setback line intersects the side lot lines.
   LOT YARDS. The open spaces on the same lot with a principal building unoccupied and unobstructed from the ground upward except as otherwise provided in this chapter.
      (1)   FRONT YARD. Any open space extending the full width of the lot, the depths of which are the minimum horizontal distances between the front lot line and nearest points of the principal building. In the case of a corner lot and a double or multiple frontage lot, the front yard is the minimum horizontal distance between the nearest part of the principal building and the front lot lines.
      (2)   REAR YARD. An open space extending the full width of the lot the depths of which are the minimum horizontal distances between the rear lot line and the nearest points of the principal building. In the case of a corner lot, the rear yard is an area bounded by the side lot lines and an imaginary line on an arc from a point most distant from the front lot lines at which the side lot lines intersect.
      (3)   SIDE YARD. An open space between a principal building and the side lot line, extending from the front yard to the rear yard, the widths of which are the minimum horizontal distances from the nearest point of the side lot line to the nearest point of the principal building.
      (4)   REQUIRED YARD. Area located within the minimum front, side or rear yard setback, as defined in the individual zoning district in which it is located.
   MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle. For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in R.C. Chapter 3733 and is subject to review and approval by the United States Department of Housing and Urban Development (HUD).
   MANUFACTURED HOME PARK. Any tract of land upon which two or more manufactured 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. This term does not include any tract of land used solely for the storage or display for sale of manufactured homes or solely as a temporary park or camp.
   MARQUEE. Any permanent structure which provides shelter to multiple tenants and projects from a wall of a building over a walkway or entranceway to a shopping center and plaza generally ten feet or more above a walkway.
   MEDICAL CLINIC. An establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar medical professionals.
   MEETING or PARTY ROOM. A room or building, without on-site cooking facilities, used for social gatherings such as receptions, reunions, parties, and business events.
   MEZZANINE. An intermediate floor in any story occupying no greater than two-thirds of the floor area of such story.
   MOBILE FOOD UNIT, TEMPORARY FOOD SERVICE, or FOOD TRUCK. Any apparatus or equipment that is used to cook, prepare or serve food, and that routinely changes or can change location and is operated from a moveable vehicle or apparatus, including but not limited to motorized vehicles, trailers, hand propelled carts, barbecue pits and knockdown concessions. Such apparatus or equipment cannot remain in the same location for more than 48 continuous hours except as part of festivals or bazaars.
   MODULAR HOME. A home built indoors and in a controlled environment (factory), which is transported on a flat bed tractor trailer, and must comply with the State Building Code of Ohio as distinguished from a manufactured home built under Federal HUD regulations.
   MOTEL. A series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging, offered to the public for compensation, and cater primarily to the public traveling by motor vehicle. It may include all facilities specified under HOTEL.
   MOTHER-IN-LAW SUITE. Accommodation for relatives of the principal owner/occupant of a house, including bathroom facilities, and which utilizes the same principal access point to the home. Also known as a "granny flat".
   MULCH. Any organic product used for soil retention, erosion control, and weed control.
   NONCONFORMING LOT OF RECORD. A lot which is part of a subdivision, which has been recorded in the office of the Greene County Auditor; or a non-platted parcel of land, the deed to which was of record prior to the effective date of this chapter, or amendments thereto; neither of which conforms to the current minimum area, width, or frontage requirements of this chapter.
   NONCONFORMING STRUCTURE. A structure lawfully existing prior to the effective date of this chapter or amendments thereto and that no longer conforms to the provisions of the chapter for the district in which it is located.
   NONCONFORMING USE. A use which lawfully occupied a building or land prior to the effective date of this chapter or amendments thereto and that no longer conforms to the use regulations of the district in which it is located.
   NURSERY. A space including accessory buildings or structures for the principal purpose of growing or the storing of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
   NURSERY GROWN. Trees that have been grown in a nursery recognized by the American Association of Nurserymen for the past two years under climate controlled conditions similar to those in Southwest Central Ohio.
   NURSERY SCHOOL or DAY CARE CENTER. Any premise where care is provided for seven or more children (except for family members) who do not reside in the facility, are present primarily during daytime hours, and who do not stay overnight, with or without compensation, except as exempted under the Child Day Care Licensing Law (R.C. §§ 5104.01 through 5104.99) of this state. This definition includes private schools for preschool children and LATCH KEY PROGRAM.
   NURSING HOME, ASSISTED LIVING FACILITIES, or CONVALESCENT HOME. A facility used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care as defined in the Ohio Revised Code, or a facility for individuals who require personal care services as defined in the Ohio Revised Code but no skilled nursing care. For the purposes of this chapter, nursing home or convalescent home shall include the Ohio Revised Code definitions for "Nursing Home", "Residential Care Facility" and "Home for Aging".
   OFF-STREET PARKING LOT. A facility providing vehicular parking spaces along with adequate landscaping, drives, and aisles for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles.
   OPAQUE. Ninety percent to 100% blocked view usually required for screening purposes. Opacity can be achieved by one or more of the following: fences, walls, earthen berms, or densely planted massings of coniferous shrubs or trees.
   OPEN SPACE. Any area or areas within a development not covered by structures, parking lots, asphalt and/or concrete pavement. Areas within PUDs other than those listed may be considered as Open Space, to be determined within the PUD process.
   OPEN SPACE (COMMON). The area either dedicated to the public or commonly owned and/or available to all the residents of a development area.
   ORDINARY PUBLIC VIEW. Readily visible by a person on a public or private street, sidewalk, or lot adjacent to the property.
   ORNAMENTAL TREES. Typically deciduous woody trees, usually with ornamental characteristics. These trees usually have one single stem with branching stems occurring several feet above the base of the tree or multiple stems branching near the base of the tree.
   OWNER. Any legal entity, person or otherwise who holds superior title to and can evidence superior title in real or personal property.
   PARAPET or PARAPET WALL. The portion of a building wall that rises above the roof level.
   PARCEL. A distinct portion or tract of land as is recorded and distinguished in the Greene County Auditor's Property Tax Atlas.
   PARK GRADE TREE. Trees that have branching defects or abnormal growth and do not meet the American Standards for Nursery Stock.
   PARKING AREA. Any pad not meeting the definition of DRIVEWAY and/or is being used to park or store vehicles.
   PARKING LOT INTERIOR. The total area of any parking lot encompassing all areas within the perimeter of the parking lot including planting islands, curbed areas, corner areas, parking spaces, and all interior driveways and aisles.
   PARKING SPACE. A space for the temporary storage or parking of a motor vehicle within a public or private parking area that is directly accessible to an access aisle or that is located in a dedicated street right-of-way.
   PATIO. An uncovered outdoor floor, usually made of concrete, brick or other masonry material, no more than 12 inches higher than the adjacent grade, which is intended for outdoor lounging, dining or like uses.
   PERENNIALS. Herbaceous ornamental plants which persist throughout the year and repeat or renew themselves for several years.
   PERSON. Any individual, corporation, association, firm, partnership, LLC, LPA and the like, singular or plural.
   PERVIOUS SURFACE. Penetrable and permeable surface area such as grass, open green space, or landscape areas where water is usually capable of reaching the underground water table.
   PLACE OF RELIGIOUS ASSEMBLY. A building, including accessory buildings and uses, where persons regularly assemble for religious worship and which is maintained and controlled by a religious body organized to sustain public worship. Nursery schools, kindergarten, day care, and compulsory (grades 1-12) schools may be permitted as conditional use(s) accessory to the principal place of religious assembly.
   PLANNED UNIT DEVELOPMENT (PUD). Land under unified control, planned and developed as a whole according to comprehensive and detailed plans. Development may be a single operation or a definite sequential series of development operations including all lands and buildings, with a program for provisions, operation and maintenance of such areas, improvements and facilities necessary for common use by the occupants of the development.
   PLANNED UNIT DEVELOPMENT (PUD) AGREEMENT. An agreement, entered into between the city and the developer, property owner, or business owner intended to assure the completion of certain improvements, either not usually included in a Subdivider's Contract and bonded or in the absence of a Subdivider's Contract and bonding, which may not otherwise be completed in a timely and satisfactory manner. Such improvements may include, but are not limited to, landscaping, erosion control, roadway improvements, and detention facilities.
   PLANNING COMMISSION. The Planning Commission of the City of Beavercreek, State of Ohio.
   PREMISES. An area of land with its appurtenances and buildings which, because of its unity of use, may be regarded as the smallest conveyable unit of real estate.
   PRESERVED TREE. An existing tree indicated on the "Approved Landscape Plan" designated to be saved. Guidelines must be followed for the preservation of existing trees. See § 158.135.
   PUBLIC UTILITY. Any person, firm, corporation, or governmental agency, board or commission duly authorized to furnish and furnishing under state, county or city regulations to the public gas, steam, electricity, sewage disposal, communication, Wi-Fi, cable or satellite television, telephone, transportation or water.
   RECREATION CLUB or ASSOCIATION. Any private organization, corporation, club or association formed principally for the purpose of the operation of recreation programs and/or facilities for the benefit of their members and guests.
   RECREATIONAL FACILITY. A private or commercial facility or park used for the purpose of the operation of active or passive recreation programs, such as golf courses, miniature golf courses, sporting facilities, boating facilities, fishing facilities and/or swimming facilities.
   RECREATIONAL VEHICLE. Includes the following:
      (1)   TRAVEL TRAILER. A vehicle built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses.
      (2)   PICK-UP CAMPER. A portable dwelling designed primarily to be mounted on a pick-up truck chassis or in a truck bed and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation uses.
      (3)   MOTOR HOME. A portable dwelling designed and constructed as a self-mounted vehicle on wheels and designed for travel, recreational and vacation uses.
      (4)   BOAT and BOAT TRAILER. Includes floats, rafts and personal water craft, plus the normal equipment to transport the same on the highway.
      (5)   FOLD-OUT TENT TRAILER.  
   RECYCLING CENTER. A place where secondhand, discarded or scrap materials are bought, sold, exchanged, stored, processed or handled. Materials may include scrap metal, structural steel, rags, rubber tires, discarded goods, equipment, appliances or machinery. The term also includes a site for collection, sorting, storing and processing of paper products, glass, plastics, aluminum or tin cans prior to shipment for remanufacture into new materials. This definition does not include HAZARDOUS WASTE, as defined by this chapter.
   RESTAURANT. An establishment whose principal business is serving food and beverages to patrons either inside or through a drive-thru window for consumption on the premises or to take away from the premises.
   RESTAURANT, DRIVE-IN. A building and adjoining parking area used for the purpose of serving food and beverages to the public primarily for consumption in vehicles parked upon the premises, which also may include seating or other accommodations provided for its patrons.
   RETIREMENT COMMUNITY. An age-restricted development, such as 55 and older apartments or assisted living facilities, providing housing for the elderly in conformance with 42 USC Section 3607(b)(2), which may include detached and attached dwelling units and apartments for independent living, and may also have a nursing home component.
   RIGHT-OF-WAY. A strip of land dedicated for use as a public roadway or dedicated for public use. In addition to the roadway, a right-of-way normally incorporates the curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.
   RIGHT-OF-WAY, FUTURE. A line or width indicating or otherwise describing the limit to which future rights-of-way will be required, based on roadway improvements or upgrades planned in the City of Beavercreek Thoroughfare Plan.
   ROOF LINE. The top edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette.
   ROW HOUSE or TOWN HOUSE. A row of three or more attached one-family dwelling units, of which each unit is separated by a vertical wall, extending through the trusses to the roof.
   SCHOOL, PRIVATE. Any building or group of buildings, the use of which meets the Ohio Department of Education requirements for primary, secondary or higher education and which does not secure the major part of its funding from any governmental agency.
   SCHOOL, TECHNICAL TRAINING. A school established to provide for the teaching of a specific industrial, clerical, managerial or artistic skill. This definition applies to schools that are owned and operated privately for profit and that do not offer a complete educational curriculum, including, but not limited to beauty schools, bartending schools, truck driving schools and the like.
   SELF STORAGE WAREHOUSE. A structure containing separate, individual, and private storage spaces of varying sizes, leased or rented on individual leases generally for storage of items, provided that there is no storage outside of a warehouse facility and no retail sales (including onsite auctions, and vehicle rental) other than limited sales to tenants of products and supplies incidental to the principal use such as packing materials, labels, tape, rope, locks and chains.
   SENIOR HOUSING FACILITY. A residential facility of which the occupancy is limited to persons 55 years of age or older, and such facilities may include a congregate meal program in a common dining area, but exclude institutional care such as medical or nursing care.
   SERVICE STRUCTURE. Dumpsters, trash pads, trash collection storage areas or other structures that are required to be screened.
   SHADE TREES. Large, usually deciduous woody trees with a large crown and overhead canopy typical at maturity. These trees usually have one trunk with branching stems occurring several feet above the base of the tree.
   SHRUB. Deciduous or evergreen perennial with multiple woody stems or branches, generally bearing branches from or near its base. Shrubs generally do not exceed 15 feet at mature height.
   SIGN. A name, identification, description, display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure or piece of land or affixed to the glass on the outside or inside of a window so as to be seen from the outside of a building and which directs attention to an object, product, place, activity, person, institution, organization or business. For the purpose of removal, signs shall also include all supporting structures.
      (1)   SIGNS do not include:
         (a)   The flag or insignia of any nation, state, city or other political unit and/or any organization. Such flags may contain any noncommercial message, but shall contain no commercial message other than the name and/or symbol of an entity.
         (b)    Tablets, grave markers, headstones, statuary or remembrances of persons or events that do not constitute a sign as defined in this chapter.
         (c)    Seasonal or holiday displays.
         (d)   Works of art.
      (2)   SIGN AREA. The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, corporate logo, or any figure or similar character together with any frame or other material or color forming an integral part of the display, or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of sign area. In the event a sign is of irregular shape, calculations of sign area shall be made by super-imposing an imaginary rectangle large enough to enclose the entire copy area. The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface.
         (a)   BACKGROUND AREA. The entire sign area on which copy could be placed, as opposed to the copy area, when referred to in connection with wall signs.
         (b)   COPY AREA. The area in square feet of the smallest rectangle which describes the area enclosed by the actual copy of a sign. For wall signs, the copy area is determined by the smallest single rectangle enclosing the entire copy area and change panel where the copy is located.
         (c)   DISPLAY SURFACE. The area made available by the sign structure for the purpose of displaying a message.
         (d)   FACE OF SIGN. The entire area of sign on which copy could be placed.
      (3)   SIGN HEIGHT. The vertical distance measured from the adjacent street grade or upper surface of the nearest street curb excluding any elevated roadway, which permits the greatest height to the highest point of the sign. (See Appendix C).
      (4)   SIGN ILLUMINATION.
         (a)   DIRECTLY ILLUMINATED. Any sign designed to provide artificial light either through exposed lighting on the sign face or through transparent or translucent material from a light source within the sign.
         (b)   INDIRECTLY ILLUMINATED. Any sign which reflects light from a source intentionally directed upon it for example, by means of floodlights, gooseneck reflectors or externally mounted fluorescent light fixtures.
         (c)   INDIRECT LIGHTING. A source of external illumination located a distance away from the sign, which lights a sign but is itself not visible to persons viewing the sign from any normal position.
         (d)   INTERNAL LIGHTING. A source(s) of illumination entirely within the sign which makes the sign content visible at night but is itself not visible to persons viewing the sign from any normal position.
         (e)   LIGHTING DEVICE. Any light, string of lights or group of lights located or arranged so as to cause illumination of a sign.
   SIGN, ABANDONED. All signs on premises including, but not limited to monument, pylon, wall, canopy or other signs related to a commercial space which has been vacated.
   SIGN, ACTION. Any sign which, in part or total, rotates, revolves or otherwise is in motion. This would include the apparent movement of any light used in connection with the sign such as blinking, traveling, changing of intensity or any movement other than burning steadily.
   SIGN, ANIMATED OR MOVING . Any sign which includes action or motion. For purposes of this chapter, this term does not refer to SIGN, FLASHING, which is separately defined.
   SIGN, AWNING. A permanent sign that is mounted or painted on or attached to a seasonal or permanent awning structure.
   SIGN, BANNER. Temporary sign composed of lightweight material secured or mounted so as to allow movement of the sign caused by movement of the atmosphere.
   SIGN, BILLBOARD. A commercial sign with a sign area exceeding 150 square feet and a height exceeding seven feet.
   SIGN, BLADE. A small, pedestrian-oriented sign which projects perpendicularly from a structure or is hung beneath a canopy. A blade sign which projects more than 30 inches from the structure is considered a PROJECTING SIGN and is prohibited.
   SIGN, BUILDING. Sign lettered to give the name of a building itself, as opposed to the name of occupants or services.
   SIGN, BULLETIN BOARD. Any sign located on the property of a public, institutional, religious or charitable organization which is used to announce its activities.
   SIGN, BUSINESS. Any sign which directs attention to a business, profession, commodity or entertainment conducted, sold or offered upon the same lot.
   SIGN, CANOPY. Any permanent sign attached to or constructed in or on a canopy.
   SIGN, CHANGEABLE COPY. Sign on which copy is changed manually or electronically in the field such as reader boards with changeable letters or changeable pictorial panels.
   SIGN, COMMEMORATIVE. A sign located on a site of memorable public interest or historical significance.
   SIGN, COMMERCIAL. A sign which contains a commercial message.
   SIGN, COMMERCIAL MESSAGE.  Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service, or other commercial activity.
   SIGN, ELECTRICAL. Any sign containing electrical wiring which is attached or intended to be attached to an electrical energy source.
   SIGN, ELECTRONIC VARIABLE MESSAGE SIGN, SHUTTER STYLE SIGN or DIGITAL BILLBOARD. A sign that directs attention to a business, commodity, services, or entertainment conducted, sold or offered and, other than the supporting structure, is constructed so that the entire face of the sign is an electronic screen, display or device that changes the message or copy of the sign electronically.
   SIGN, EXEMPT. A sign exempted from normal permit requirements.
   SIGN, FLASHING. Any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation, or an externally mounted intermittent light source.
   SIGN, GOVERNMENTAL. A sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation for the purpose of informing or guiding the public.
   SIGN, GROUND. A sign which is supported by one or more upright poles or braces in or upon the ground, which are not part of the building, and which does not exceed eight feet in height, also known as a monument sign.
   SIGN, ILLEGAL. Any sign which is contrary to the requirements of this code and does not satisfy the nonconforming specifications stated in this code.
   SIGN, MARQUEE. Any permanent sign attached to or constructed in or on a marquee.
   SIGN MESSAGE. The wording, copy, logo, or similar identifying form on a sign.
   SIGN, NEON OR NEON-TYPE. Any arrangement of exposed and visible illuminated neon or neon tubes, fiber optics, light emitting diodes, or similar technology, excluding banding around any part of the perimeter of the building.
   SIGN, NON-COMMERCIAL. A sign containing a non-commercial message. Any sign that can be displayed under the provisions of this Code may contain a non-commercial message.
   SIGN, NON-COMMERCIAL MESSAGE. A message which may not be related to the advertisement of any product or service or the identification of any business and is not intended to produce any commercial benefit or does not encourage a commercial transaction.
   SIGN, NONCONFORMING. Any sign lawfully existing prior to the effective date of this chapter or amendments thereto, which no longer conforms to all standards and regulations of the current chapter. See also NONCONFORMING USE. 
   SIGN, OBSCENE. A sign containing words and /or picture in which the dominant theme, taken as a whole and according to contemporary community standards, appeals to the prurient interest, depicts sexual conduct in a patently offensive way, and lacks serious literary, artistic, political, or scientific value.
   SIGN, PERMANENT. A sign permitted by this code intended to be located on the premises for an unlimited period of time.
   SIGN, PYLON. A permanent sign that is mounted on a free-standing pole or other support, and exceeds eight feet in height.
   SIGN, RACEWAY. Any sign which contains individual letters that are mounted on a common aluminum channel box, known as a raceway or ballast box. The lettering typically contains all electrical components including wiring and transformers needed for the operation of the sign. The raceway itself is attached to the wall, rather than the individual letters.
   SIGN, ROOF. Any sign erected upon, against, or directly above a roof or on top of or above the parapet of a building.
   SIGN, ROTATING. Any sign or portion of a sign which moves in a revolving or similar manner, but not including multi-prism indexing signs.
   SIGN, SCROLLING ELECTRONIC. A sign such as an electronically controlled public service time, temperature and date sign, message center or reader board where different copy changes are shown on the same lamp bank. See also SIGN, CHANGEABLE COPY.
   SIGN, SPORTS FACILITY SPONSORSHIP SIGN. A sign that is located at a ballfield, soccer field, hockey rink, outdoor basketball court, tennis court, or other similar sports facility used by the public for athletic activities, and that identifies a sponsor in recognition of the sponsor's financial support for the sports facility and sports programs at the facility.
   SIGN STRUCTURE. Any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
   SIGN, TEMPORARY. A sign which is designed to be used only for a limited period of time, and is not, nor intended to be, permanently affixed to a building, structure or the ground. All devices such as banners, pennants, flags, (not intended to include a flag of any nation) searchlights, twirling or sandwich type signs, sidewalk or curb signs and balloons or other air or gas filled figures.
   SIGN, TEMPORARY GROUND. A sign that is not permanently affixed to a stand or the ground (e.g. A-Frame or portable sign).
   SIGN, TEMPORARY WINDOW. A sign painted on the interior of a window or constructed of paper, cloth or other like material and attached to the interior side of a window for a sale of merchandise or a change in the status of the business.
   SIGN, UNDER CANOPY. A sign suspended below the ceiling or roof of a canopy or marquee.
   SIGN, WALL. Sign attached to a wall of a building, with the face horizontally or vertically parallel to the building wall.
   SIGN, WINDOW. Signs affixed to the glass on the inside of a window, or erected within three feet of a window on the inside of a building, so as to be seen from the outside of a building.
   SIGN, YARD. A temporary sign, which is mounted on a stake or a frame structure (often made from wire) that includes one or more stakes.
   SLOPE. The relationship between the change in elevation of land (rise) and the horizontal distance over which that change in elevation occurs (run). Slope may be calculated by dividing the rise by the run, multiplied by 100, and expressed as a percentage, or shown as a ratio.
   SMALL CELL FACILITY. A wireless facility that meets both of the following requirements:
      (1)   Each antenna is located inside an enclosure of not more than six cubit 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 cubic feet in volume.
      (2)   All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment switches, cut-off switches, and vertical cable runs for the connection of power and other services.
   SOLAR ENERGY. Radiant energy (direct, diffused, and reflected) received from the sun.
   SOLAR FARM. A solar energy operation whose primary purpose is the sale of solar energy for commercial gain.
   SPECIFIC SITE PLAN. A detailed development plan for a part of, or all of, a planned unit development indicating the specific proposed locations of structures, signs, parking areas, means of vehicular access and movement, pedestrian walkways, landscaping and open space, lighting plans, buffering and screening devices, utility services, drainage and runoff control systems, and other details.
   STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. If the floor level directly above a basement is more than six feet above grade, such basement shall be considered a story.
   STORY, HALF. An uppermost story lying under a sloping roof having an area of at least 200 square feet with a clear height of seven feet six inches. For the purpose of this chapter, the usable floor area is only that area having at least four feet clear height between floor and ceiling.
   STRUCTURE. Anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
   SUPPLEMENTARY CONDITIONS. The Board of Zoning Appeals, the Planning Commission or City Council conditions that modify or alter proposed PUD zoning classification application, specific site plan applications, ASRAs, variances, or conditional uses.
   SWIMMING POOL. A structure exceeding 100 square feet in water surface area or 12 feet in diameter, constructed or placed below ground or above ground, which is suitable or utilized for swimming or wading.
   TALL STRUCTURES. Telecommunication towers, smoke stacks, water towers, buildings 35 feet and higher, light standards and roadway lighting poles, steeples for places of religious assembly, electric transmission towers, and similar structures.
   TAXICAB BUSINESS. A service that offers motor vehicles, other than limousines, to the public for the purpose of carrying or transporting passengers for a charge or a fee. The business may include facilities for storing, servicing, repairing and fueling the taxicabs or vans used by the business.
   TEEN CLUB. A social club for teenagers, providing meeting space, recreational games, music and other supervised activities, where the sale of alcohol is not permitted on such premises. Such facilities may operate until midnight unless special permission is granted by the City Manager. Supervision by an adult(s) at least 21 years of age is required at all times.
   TEMPORARY STORAGE UNIT. Any container that is designed to be transportable and used primarily for temporary storage of building materials, household goods, personal items and other materials for use for a predetermined amount of time, or after being filled is commercially transported for long-term, off-site storage.
   TENT. Any structure used for living or sleeping purposes, or for sheltering a public or private gathering, constructed wholly or in part from canvas, tarpaulin, or other similar materials and shall include shelter provided for circuses, carnivals, side shows, revival meetings, camp meetings and all similar meetings or exhibitions in temporary structures.
   THOROUGHFARE PLAN. The official plan of the major highways and streets, on file in the office of the City of Beavercreek Engineering Department, including all amendments and supplements subsequently adopted. Road classification. The assignment of roads into categories according to the level of service they provide in relations to the total road network. The categories included in the City of Beavercreek Thoroughfare Plan include ARTERIALS, MAJOR ARTERIALS, PRINCIPAL ARTERIALS, COMMERCIAL COLLECTORS, RESIDENTIAL COLLECTORS, CUL-DE-SACS, EXPRESSWAYS or FREEWAYS, and LOCAL STREETS.
      (1)   ARTERIALS. This class of street serves as a through connector. Residential properties should be serviced by side streets with these intersections employing a variety of traffic controls. These streets usually have carrying capacity of 2,000 to 10,000 daily trips. See also The City of Beavercreek Thoroughfare Plan.
      (2)   ARTERIALS, MAJOR. This class of street has little frontage facing commercial or residential properties. These roads are ideally served by the collectors and arterial roads with entrances and exits controlled. Speeds of 35 mph to 45 mph are typical for this class of road with daily volumes ranging from 10,000 to 15,000. See also the City of Beavercreek Thoroughfare Plan.
      (3)   ARTERIALS, PRINCIPAL. This class of street brings traffic to and from expressways and other high speed interurban connectors. Principal arterials interconnect the principal traffic generators within the city as well as trips between different areas of the city and should be part of a reasonably integrated system. The typical trip on this class of road usually exceeds one mile. This class of road can carry from 15,000 to 20,000 daily trips. See also The City of Beavercreek Thoroughfare Plan.
      (4)   COLLECTORS, COMMERCIAL. This class of street serves major commercial developments. Of necessity, this class of road is short but should have a long term heavy weight capacity. Concrete construction is usually a prerequisite. Signalized access to arterial roads is usually required in the best interest of safety. See also The City of Beavercreek Thoroughfare Plan.
      (5)   COLLECTORS, RESIDENTIAL. This class of street serves internal traffic movements within areas of the city, such as subdivisions, and acts as feeders to the arterial system. These streets are usually short, ½ to 1 mile, and are not designed to handle through trips. This class of street does not usually have signalized intersection control and handles less than 2,000 daily trips. See also The City of Beavercreek Thoroughfare Plan.
      (6)   CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end permanently closed with a vehicular turnaround. See also The City of Beavercreek Thoroughfare Plan.
      (7)   EXPRESSWAYS, FREEWAYS, or HIGHWAYS. This class of roadway is designed for the high speed movement of a variety of vehicular traffic. It is characterized by fully controlled access points with complete grade separations at intersections. Expressways may have four to eight lanes of traffic with an expected carrying capacity of 1,500 vehicles per hour per lane. See also The City of Beavercreek Thoroughfare Plan.
      (8)   LOCAL STREETS. These streets serve as direct access to adjacent land, are usually less than ½ mile in length and are utilized predominately by privately owned vehicles. These roads do not serve as connectors and have speed of 25 mph or less. See also The City of Beavercreek Thoroughfare Plan.
   TOWER, AMATEUR RADIO. Any outdoor structure designed and constructed to be used exclusively by licensed amateur radio operators for transmitting or receiving radio frequency signals.
   TOWER, GUYED WIRE. A tower that is supported by the use of cables (guyed wires) that are permanently anchored to the ground.
   TOWER, LATTICE. A type of tower that is self-supporting with multiple legs and cross-bracing of structural steel.
   TOWER, MONOPOLE. A support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
   TOWER, WIRELESS TELECOMMUNICATION. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna, but not including amateur radio operator equipment as licensed and required by the FCC.
   TRAILER. A structure standing on wheels which is intended to be towed or hauled by a motorized vehicle and used for carrying of materials, goods or objects, or as a temporary office.
   TRUCK STOP. An establishment that is engaged primarily in the fueling or parking of truck tractors, tractor trailers, semi trailers, or similar heavy commercial vehicles, and which may or may not include showers and the sale of accessories and equipment for such vehicles.
   UNDERWRITER'S LABORATORIES. A non-profit organization which establishes standards for electrical equipment and mechanical equipment and materials and commonly referred to as "UL". The electrical section is known as "Underwriters Laboratories".
   USE. A purpose for which land, a building, lot, sign or other structure is arranged, intended, designed, occupied or maintained.
      (1)   ACCESSORY USE. A use on the same lot with, and customarily incidental and subordinate to that of the principal use or building.
      (2)   CONDITIONAL USE. A use permitted within a district other than a permitted principal use, requiring a conditional use approval by the Planning Commission. Additional uses permitted in each district are listed in the Schedule of Principal Permitted Uses.
      (3)   NONCONFORMING USE. A use which lawfully occupied a building or land at the effective date of this chapter or amendments thereto and that no longer conforms to the use regulations of the district in which it is located.
      (4)   PRINCIPAL USE. The main use to which the premises is devoted and the principal purpose for which the premises exist.
      (5)   TEMPORARY USE. A use established for a fixed period of time with the intent that such use will terminate automatically upon expiration of the fixed time period unless permission to conduct the use is renewed.
   VARIANCE. A modification of the literal provisions of this chapter granted when strict enforcement of this chapter would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are undue hardship and unique circumstances applying to the property. A variance is not justified unless both elements are present in the case as defined in § 158.172(H)(5).
   VEHICLE. Any device used for transportation of people or goods over land, air or water surfaces, and/or licensed as a vehicle by the State of Ohio. This term includes without limitation, automobile, truck, trailer, bus, recreational vehicle, motorcycle, farm tractor, boat, airplane or helicopter.
   VEHICLE BODY WORK. Any activity involving the repair, modification, replacement of, or application of paint or epoxy or similar application to affect modifications to a significant portion of a vehicle and/or repair, removal or replacement of any major exterior body part such as but not limited to a bumper, fender, door panel, glass or windows, or roof.
   VEHICLE, COMMERCIAL. Vehicles including, but not limited to, step up vans, heavy trucks, semi trailers, truck tractors, tractor trailers, moving vans, delivery trucks, box trucks, dump trucks, tow trucks, wreckers, buses, school buses, cranes, draglines, earthmovers, bulldozers, backhoes, trenchers or similar vehicles. The term also applies to any recreational vehicles converted from a commercial vehicle and any vehicles used as a platform for a hoist, crane, compressor, tank(s), ladder trucks, or similar equipment or as a means of transporting or storing a commercial vehicle.
   VEHICLE DEALERSHIP. Any business establishment that sells new or used automobiles, trucks, vans, recreational vehicles, boats or motorcycles or other similar motorized transportation vehicles. A vehicle dealership may also provide on-site facilities for body work, and the repair and service of vehicles sold or leased by the dealership, whether directly or by another automobile dealer.
   VEHICLE, MAJOR DISREPAIR. Any vehicle which is in such condition so as to require major repair in order to be operated on public streets or waterways. Major repair shall be the same as defined in this section. See VEHICLE REPAIR, MAJOR.
   VEHICLE PAINT AND BODY SHOP. A place where major and minor vehicle repair and body work is performed. Major repair is the same as defined in this section. See VEHICLE REPAIR, MAJOR AND VEHICLE REPAIR, MINOR.
   VEHICLE REPAIR, MAJOR. Heavy mechanical repair services including, but not limited to, internal engine or transmission repair or replacement and body work or painting services.
   VEHICLE REPAIR, MINOR. Includes repair of the secondary systems within vehicle such as A/C system service, braking system service, fluid maintenance service, scheduled maintenance service, tune-ups, fuel injection system service, cooling system service, and air induction service. Included in these are the replacement of oil and oil filters, fluids, spark plugs, belts, hoses, brakes, tires and tire rotation.
   VEHICLE REPAIR STATION. A place where, along with minor vehicle repair, gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) may be retailed directly to the public on the premises, including the sale of minor accessories.
   VEHICLE SERVICE STATION.  A place where gasoline, or any other vehicle engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of motor vehicles) is retailed directly to the public on the premises, including the sale of minor accessories, but not including storage of inoperable vehicles. May include convenience stores.
   WETLANDS. Those areas that are inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. United States Army Corps of Engineers (USACE) [33 CFR 328.3(b); 40 CFR 230.3(t)].
   WIND ENERGY CONVERSION SYSTEM. Any device which converts wind energy to a form of useable energy, including windmills or wind turbines.
   WINERY. A building or property that produces wine, or a business involved in the production of wine utilizing grapes grown on the premises.
   WINERY, MICRO. A micro-winery is a small wine producer that does not have its own vineyard, and instead sources its grape product from outside suppliers.
   WIRELESS TELECOMMUNICATION ANTENNA. Any structure or device used to receive or transmit electromagnetic waves between cellular phones, pagers, commercial mobile services, wireless services and ground-wired telecommunication systems including, but not limited to, directional antennas, such as panels, microwave dishes, satellite dishes less than two meters in diameter and omni-directional antennas, such as whip antennas.
   WIRELESS TELECOMMUNICATION FACILITY. Any cables, wires, lines, wave guides, antennas, cabinets, switching equipment cabinets and any other equipment or facilities associated with the transmission or reception of telecommunication as authorized by the FCC which a person seeks to locate or have installed upon a tower or antenna support structure. However, the term WIRELESS TELECOMMUNICATION FACILITIES shall not include:
      (1)   Any satellite dishes two meters in diameter or less.
      (2)   Antennas used by amateur radio operators.
      (3)   Television receiving antennas.
   WIRELESS TELECOMMUNICATION FACILITY SITE. A tract, lot or parcel of land that contains the wireless telecommunication tower, antenna, support structures, equipment structures, accessory facilities, parking and any other uses associated with and ancillary to wireless telecommunication transmissions.
   WIRELESS TELECOMMUNICATION SERVICES. Any personal, public and/or commercial cellular or digital mobile services.
   WIRELESS TELECOMMUNICATION SUPPORT STRUCTURE. Any building or structure accessory to, but necessary for, the proper functioning of the wireless telecommunication antenna.
   WIRELESS TELECOMMUNICATION TOWER. Any freestanding structure including a lattice, monopole or guywire tower, used to support a wireless telecommunication antenna.
   WIRELESS TELECOMMUNICATION TOWER HEIGHT. The height from the base of the structure to its top, including any antenna located thereon.
   WOODLANDS. Vegetative community comprised of trees and shrubs and ground cover. Woodlands are defined by the predominant tree species in an area.
   WOODLANDS EASEMENT. A conservation easement that, when required by the city or offered to the city, specifies in a legal form and is so designated on the subdivision record plan or on the approved specific site plan that is acceptable to both the city and the Law Director, and includes the legal description of the boundaries and the activities that are prohibited within the protected woodland easement area. These prohibited activities include actions such as removal of trees, understory vegetation, and ground cover. Also prohibited is any dumping, digging, compaction of soil or any construction. A woodlands easement remains in place until such time as both the city and the property owner agree to remove the easement. With permission from both the city and the property owner, a limited amount of activities, such as creation of a woodchip pathway or a forest management plan may be approved within the woodlands easement.
   WORK OF ART. Any item expressing creative skill or imagination in a visual form, such as a painting or sculpture which is intended to beautify or provide an aesthetic influence to a public area or area which is visible from the public realm and which in no way identifies or specifically relates to a commercial business, product or service.
   YARDS. See LOT YARDS.
(Ord. 09-21, passed 7-27–09; Am. Ord. 10-12, passed 9-13-10; Am. Ord. 12-02, passed 2-13-12; Am. Ord. 14-17, passed 8-25-14; Am. Ord. 15-23, passed 8-24-15; Am. Ord. 16-17, passed 8-22-16; Am. Ord. 17-10, passed 7-24-17; Am. Ord. 18-25, passed 11-26-18; Am. Ord. 20-16, passed 8-10-20; Am. Ord. 21-12, passed 7-12-21; Am. Ord. 23-10, passed 5-22-23; Am. Ord. 23- 19, passed 9-11-23; Am. Ord. 24-3, passed 2-12-24)

§ 158.004 INTERPRETATION AND CONFLICT.

   In its interpretation and application, the provisions of this chapter shall be held to be minimum requirements, adopted for the promotion of the public health, safety, convenience, comfort, prosperity and the general welfare. Wherever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations or ordinances, the most restrictive, or that imposing the higher standard, shall govern.
(Ord. 09-21, passed 7-27-09)

§ 158.005 CFIUS AND ZONING CODE ACTIVITIES.

   (A)   The City Council, aware that the provisions of the zoning code may also apply to activities subject to CFIUS national security risk reviews that could result in CFIUS permitting foreign investment or real estate transactions subject to mitigation measures or seeking to prohibit (including via divestment) such transactions, establishes the below procedures to avoid unnecessary delays in permitting activities, promote national security, and to avoid conflicts with CFIUS.
   (B)   As used herein, the following definitions shall apply:
      (1)   CFIUS means the Committee on Foreign Investment in the United States, which is an interagency committee authorized to review certain transactions involving foreign investment into the United States and certain real estate transactions by foreign persons in order to determine the effect of such transactions on the national security of the United States and take appropriate actions to address any national security risks arising from such transactions.
      (2)   CFIUS REGULATIONS means 31 C.F.R. Parts 800-802.
      (3)   CFIUS TURNDOWN means:
         (a)   CFIUS has informed the parties in writing that it has unresolved national security concerns with respect to the transactions contemplated by the parties and that it intends to refer the matter to the President of the United States unless the paries abandon the transactions contemplated, or
         (b)   CFIUS shall have referred, or shall have informed the parties in writing, that it intends to refer the matter to the President of the United States, in each case without offering the parties the opportunity to abandon the transaction in lieu of such referral.
      (4)   CONTROL means the power, direct or indirect, whether or not exercised, through the ownership of a majority or a dominant minority of the total outstanding voting interest in an entity, board representation, proxy voting, a special share, contractual arrangements, formal or informal arrangements to act in concert, or other means, to determine, direct, or decide important matters affecting an entity.
      (5)   FOREIGN PERSON means:
         (a)   Any foreign national, foreign government, or foreign entity; or
         (b)   Any entity over which control is exercised or exercisable by a foreign national, foreign government, or foreign entity.
         Any entity over which control is exercised or exercisable by a FOREIGN PERSON is a FOREIGN PERSON for purposes of this section.
   (C)   Subject to certain exceptions, activities subject to CFIUS jurisdiction primarily include, but may not be limited to:
      (1)   A purchase or lease by, or concession to a foreign person, including the receipt of certain property rights, of certain real estate:
         (a)   Located within or functioning as part of an air or maritime port or
         (b)   Within certain distances (ranging from one mile to 100 miles) of U.S. military installations or other sensitive U.S. government facilities or property, including being located within one mile from the boundary of Wright Patterson Air Force Base (“WPAFB”);
      (2)   Transactions in which a foreign person obtains control of any U.S. business, including such a transaction carried out through a joint venture; and
      (3)   Transactions in which a foreign person obtains certain non-passive, yet non-controlling rights in a business that qualifies as a “TID U.S. business” under the CFIUS regulations.
   (D)   The Planning and Development Director shall:
      (l)   Require all applicants for any zoning permit issued by the city to certify that the applicant or anyone person for whom the applicant is a designated agent is not a “foreign person” as defined herein and are not subject to CFIUS.
      (2)   Upon receipt of an application for whom the applicant or the applicant’s agent is a foreign person, the Planning and Development Director shall request the applicant or applicant's agent to submit a CFIUS filing and to submit the results of the CFIUS national secmity review or investigation to the city.
      (3)   If an applicant or an applicant's agent designated as foreign person does not intend to submit a CFIUS filing, the applicant or applicant's agent shall inform the Planning and Development Director accordingly.
      (4)   Upon notice to the Planning and Development Director that an applicant or applicant's agent does not intend to submit a filing a CFIUS filing, the Planning and Development Director shall notify City Council accordingly.
      (5)   City Council may direct the Planning and Development Director to refer applicant's refusal to submit a CFIUS review to WPAFB's Installation Commander.
      (6)   Provided no city regulation requires action within 60 days, referral to WPAFB's Installation Commander shall be made, and no approvals granted in the 60-day period, without a response from WPAFB's Installation Commander.
      (7)   If after referral to WPAFB's Installation Commander, the Planning and Development Director is advised that the applicant's permit request, if granted, would be a violation of CFIUS Regulations 31 C.F.R. Parts 800-802, the applicant or applicant’s agent and City Council shall be notified accordingly.
      (8)   If after notification the applicant chooses to go forward, the applicant's status as a foreign person shall be made known to any board or commission hearing applicant's request for a zoning permit.
(Ord. 23-22, passed 9-25-23)