Cincinnati City Zoning Code

For purposes of the Cincinnati Zoning Code, words and phrases defined in this chapter have the meanings ascribed to them; additional definitions are in particular chapters of the Code.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Abutting" or "adjoining" means having district boundaries or lot lines in common.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Accessory dwelling unit" means a self-contained dwelling unit designed for occupancy by one family for living and sleeping purposes that provides complete independent living facilities, including its own entrance, kitchen, bathroom, and sleeping area; that is located on the same lot as a larger single-family dwelling that serves as the principal use of the lot; and whose use is subordinate and incidental to the larger single-family dwelling.

(Ordained by Ord. No. 266-2023, § 1, eff. Oct. 2, 2023)

"Accessory structure" means a structure, other than a sign, exclusively associated with a specified principal structure located more than one foot from the principal structure.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 415-2010, § 1, eff. Dec. 24, 2010)

"Accessory use" means a use or structure subordinate, customarily incidental and exclusive to the principal use of a building or land and located on the same lot as the principal building or use except as otherwise specified.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 415-2010, § 3, eff. Dec. 24, 2010)

"Agricultural Structure" means a structure used solely for agricultural purposes in which the use is exclusively in connection with the production, harvesting, storage, drying, or raising of agricultural commodities, including the raising of livestock. Agricultural Structures include passive solar structures such as greenhouses, membrane structures, low tunnels, frost frames, and hoophouses. Agricultural Structures must be determined by the Zoning Administrator to be customarily incidental to Horticulture or Animal Keeping Use.

(Ordained by Ord. No. 251-2019, § 2, eff. July 26, 2019)

"Alley" means a public or private way less than 21 feet in width that may provide vehicular access to abutting properties.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Alteration" means a change in either the supporting members of a building, such as bearing walls, columns, beams and girders or in the dimensions or configuration of the roof or exterior walls.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Ambulance services" means administrative facilities for emergency medical care, including the provision of transportation services and the maintenance of vehicles.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Animal keeping" means the keeping of any animals, including fish and insects, for any purpose, including, but not limited to, companionship, commercial breeding, and/or the raising for human consumption. Types of Animal Keeping may include:

(a)

Apiary. Any structure where one or more colonies or nuclei of bees are kept.

(b)

Aquaculture. The cultivation, maintenance, and harvesting of aquatic species.

(c)

Aquaponics. The combination of aquaculture and hydroponics to grow food or ornamental crops and aquatic species together in a recirculating system without any discharge or exchange of water.

(Ordained by Ord. No. 251-2019, § 2, eff. July 26, 2019; a. Emer. Ord. No. 418-2021, §§ 1, 39, 40, eff. Nov. 10, 2021)

Cross reference— § 1422-03(d), "Animal Keeping."

"Animal Service Facilities" means the boarding, grooming, day care or medical care for animals, contained within a structure, enclosure, fencing, usually with the intention that the animals are within the premises for commercial purposes, often for limited periods of time. Animal Service Facilities includes breeding facility, boarding facility, kennels, livery, pet shops, pet day care, shelters, stables, veterinarians. This classification does not include dog walking and similar pet care services that are not carried out at a fixed location.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, §§ 3, 4, eff. July 26, 2019)

"Antenna" means a system of poles, panels, rods or similar devices used for the transmission or reception of radio frequency signals.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Architectural element" means a prominent or significant part or detail of a building, structure or site.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Arterial street" means a roadway primarily for through traffic, usually on a continuous route not having access control. This term includes both principal arterial and minor arterial streets as classified by the Department of Transportation and Engineering.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Assisted living" means an institution, residence or facility licensed by the State of Ohio that provides accommodation and personal assistance to more than three residents who are dependent on the services of others by reason of age and physical or mental impairment, but that is not licensed to provide skilled nursing care.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Attached single-family dwelling" means a dwelling unit that is attached to one or more dwelling units, each with independent exterior access and each with no less than two exterior walls.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019; a. Emer. Ord. No. 199-2024, § 2, eff. 7-1-2024)

"Automated Teller Machine (ATM)" means an electronic device used by the public for conducting financial transactions such as withdrawing or depositing cash from a bank, savings, credit union, credit card or similar account wherein the customer operates the device independently.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Automobile holding facility" means a building or ground area used for the parking of vehicles needing mechanical, body or chassis repair being vehicles not owned by the person who towed the vehicle or the person who will make the repairs and not involving the removing of parts, accessories, equipment or sections or portions thereof for sale to others or the keeping, buying or selling of junked, wrecked, scrapped, ruined or dismantled motor vehicles.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

An "Awning" is an architectural projection that provides weather protection, identity or decoration and is wholly supported by the building to which it is attached. An awning is comprised of a lightweight, rigid skeleton structure over which a covering is attached. An awning may be fixed or of a type that can be retracted, folded or collapsed.

(Ordained by Ord. No. 171-2006, § 1, eff. July 14, 2006; renumbered by Ord. No. 251-2019, § 3, eff. July 26, 2019)

"Bank" and "financial institution" means an establishment that provides retail banking, credit and mortgage services to individuals and businesses. This classification includes banks and savings and loan establishments, brokerage firms, check cashing and currency exchange outlets and stand-alone automated teller machines.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Barge terminal" means facilities for launching, mooring, docking, loading, unloading and servicing river barges, including backup land for storage and transshipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Basement" means the portion of a building below or immediately above grade and not used for habitation, except that in any building a basement may be used for habitation if one wall of the basement is entirely above ground and each dwelling unit in the basement abuts that wall for at least 12 feet.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Bed and breakfast home" means an owner-occupied dwelling licensed as a rooming house, pursuant to Chapter 855 of the Municipal Code, of no more than three guest rooms providing lodging and breakfast accommodations to paying guests and a maximum stay of no more than four consecutive weeks. Kitchen facilities are not provided for use by guests.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Bed and breakfast inn" means an establishment licensed, pursuant to Chapter 855 of the Municipal Code, of no more than five guest rooms providing lodging and meal accommodations to paying guests and a maximum stay of no more than four consecutive weeks. Kitchen facilities are not provided for use by guests.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Berm" means a mound or embankment of earth, together with necessary retaining structures, if required.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Bicycle Parking Space" means an area of no less than 2 feet in width by 6 feet in length provided for securing a bicycle to a bicycle rack, bicycle locker, or similar system for securing a bicycle.

(Ordained by Ord. No. 156-2010, § 2, eff. June 12, 2010)

"Block face" means the properties abutting each other on one side of the street, and lying between the two nearest intersection or intercepting streets.

(Ordained by Ord. No. 297-2009, § 1, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 3, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B6.

"Boat and ship yard" means a facility for construction of recreational marine craft in enclosed structures, boat storage, boat repair yards and ship yards for the construction, repairing and servicing of commercial vessels including tug boats, barges and ferries.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 2, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 4, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B7.

"Breezeway" means a roofed, passageway connecting two structures, an example is a passageway between a house and a garage.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 3, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 5, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B8.

"Buffer yard" means an open space, landscaped area, fence, wall, berm or any combination thereof used to physically separate potentially incompatible land uses on adjoining lots.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 4, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 6, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B9.

"Building" means a structure enclosed within exterior walls, built, erected and framed of a combination of materials, having a roof to form a structure for the shelter of persons, animals, or property of any kind and excluding any structure designed as a house-trailer or other type trailer.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 237-2005, eff. July 21, 2005; a. Ord. No. 297-2009, § 5, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 7, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B10.

"Building envelope" means the volume of space for which a principal building could be extended in compliance with the minimum setbacks and the maximum allowable building height.

Building Envelope

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 6, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 8, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B11.

"Building line" means a line parallel to the street right-of-way line at any story level of a building and representing the distance that all or any part of the building is set back from the right-of-way line.

Building Line

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 7, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 9, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B12.

"Building maintenance service" means an establishment providing carpet cleaning, carpentry, roofing, exterminator, glazing, janitorial services, electrical repair, plumbing, heating and air conditioning, upholstery, painting and paper hanging and sign painting.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 8, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 10, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B13.

"Building materials sales and service" means retailing, wholesaling or rental of building supplies or construction equipment. This classification includes lumberyards, home improvement sales and services, tool and equipment sales or rental establishments.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 9, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 11, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B14.

"Business service" means an establishment providing document delivery, mail receiving and boxes, blueprinting, typesetting, copying, desktop publishing and photographic services.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 297-2009, § 10, eff. Dec. 12, 2009; a. Ord. No. 156-2010, § 12, eff. June 12, 2010)

Editor's note— Formerly § 1401-01-B15.

A "Canopy" is an architectural projection that provides weather protection, identity or decoration. It is supported by the building to which it is attached or by not less than one stanchion support at the outer end. A canopy is comprised of a rigid structure over which a covering is attached.

(Ordained by Ord. No. 171-2006, § 2, eff. July 14, 2006)

"Car wash" means the washing, waxing or cleaning of automobiles or similar light vehicles.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006)

"Cemetery" means a burial ground for the interment of the human dead, including columbaria and mausoleums, but excluding crematories or mortuaries classified as Undertaking, funeral and interment services.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006)

"Club" and "lodge" mean a meeting, recreational, or social facility of a private or nonprofit organization or public institution primarily for use by members or guests including residential accommodations that are available to members or guests on a temporary basis but excluding residential hotels. This classification includes union halls and social clubs.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Collector street" means a street that serves as a traffic way for a neighborhood or a feeder to an arterial street.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"College" means an institution of higher education providing curricula of a general, religious, or professional nature, typically granting recognized degrees, including conference centers and academic retreats associated with such institutions. This classification includes business and computer schools, management training, technical and trade schools, but excludes personal instructional services.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Collocation" means that more than one wireless communications provider mounts equipment on a single support structure.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Commercial meeting facility" means a facility used for assemblies or meetings of the members or representatives of a group, such as convention centers and banquet halls. This classification does not include clubs, lodges or other meeting facilities of private or non-profit groups that are primarily used by group members.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Commercial pier" and "commercial port" mean a facility for launching, mooring, docking and servicing commercial watercraft, ferry boats and excursion boats, including passenger terminals and berthing areas, storage, employee or passenger parking, administrative functions, etc.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Commercial vehicle" means any motorized vehicle other than one used for non-commercial personal or family transportation, recreation, van pooling or ride sharing. Commercial vehicles include commercial trucks, buses, buses used as recreational vehicles, commercial vans, tractors, semi-trailers, motorized farm vehicles, earth moving equipment and construction equipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Commissary" means a small shop selling food, dairy, drug and other household or convenience items including video rental.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Communications facility" means broadcasting and other communication services accomplished through electronic mechanisms. This classification includes radio, television or recording studios, switching centers and cable transmitting stations.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Communications-related equipment" means equipment ancillary to the transmissions and reception of voice and data via radio frequencies.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Community correctional facility" means a facility comprised of one or more buildings designed for total occupancy by no more than 150 persons who live under criminal justice supervision and constraint while receiving therapy and counseling under alternatives to imprisonment, including, but not limited to, pre-release, work-release and probationary programs.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008)

"Community Garden" means a site operated and maintained by an individual or group to cultivate trees, herbs, fruits, vegetables, flowers, or other ornamental foliage for the following uses: personal use, consumption, donation or off site sale of items grown on the site.

(Ordained by Ord. No. 037-2010, § 1, eff. March 18, 2010)

"Community learning Center" means a community campus designed to provide integrated educational, recreational, health, and civic services to the populations of the community in which the campus is located.

(Ordained by Ord. No. 127-2018, § 2, eff. July 6, 2018)

"Community service facility" means a noncommercial facility established primarily for the benefit and service of the populations of the communities in which they are located, such as YMCA or YWCA facilities, boys and girls clubs and offices of community councils, non-profit civic, religious, welfare or philanthropic organizations.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 127-2018, § 3, eff. July 6, 2018)

"Composting" means a method of solid waste disposal using controlled biological decomposition. Composting includes the following:

(a)

Accessory Composting. Composting activities using less than 500 square feet of land for the entire operation of the composting activity and accessory to a residential or agricultural use and further regulated in Chapter 1422.

(b)

Composting Facilities. Composting activities using more than 500 square feet of land for the entire operation of the composting activity, may be a principal use of the property or accessory to an agricultural use, require state licensure and are further regulated in §1419-13.

(Ordained by Ord. No. 251-2019, § 5, eff. July 26, 2019)

"Conditional use" means a use generally compatible with other uses in a zoning district. The use requires individual review of its location, design, configuration and density and intensity and may require imposition of conditions to ensure the appropriateness of the use at a particular location.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

Apartments and dwellings with communal dining facilities and services, such as housekeeping, organized social and recreational activities, transportation services and other support services appropriate for the residents.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Contractor's storage" means a yard for storage of building, construction, or landscaping materials or equipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 240-2005, eff. July 21, 2005; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Convenience market" means establishments that retail a limited line of goods that generally include milk, bread, soda, and snacks. Convenience markets may or may not include fuel sales.

(Ordained by Ord. No. 0281-2017, § 1, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Convents and monasteries" means group dwellings for members of religious orders.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 0281-2017, § 2, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

See § 1401-01-L6.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 0281-2017, § 2, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Correctional facility" means a facility where persons are detained pending adjudication or confined under sentences of two years or less provided that the facility is operated by a Hamilton County law enforcement agency or under contract with the Board of County Commissioners of Hamilton County.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 0281-2017, § 2, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Covenant" means a legal agreement between the property owner and the City of Cincinnati concerning the use of land and compliance with the Cincinnati Zoning Code binding on the owner and the owner's successors and assigns. See § 1441-07.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 0281-2017, § 2, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Cultural Institution" means a nonprofit institution engaged primarily in the performing arts or in the display or preservation of objects of interest in the arts or sciences that are open to the public on a regular basis. This classification includes performing arts centers for theater, dance and events, museums, historical sites, art galleries, libraries, aquariums and observatories.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 3, eff. July 14, 2006; a. Ord. No. 159-2008, § 1, eff. June 7, 2008; a. Ord. No. 037-2010, § 2, eff. March 18, 2010; a. Ord. No. 0281-2017, § 2, eff. Nov. 4, 2017; a. Ord. No. 127-2018, § 3, eff. July 6, 2018; renumbered by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Day care center" means an establishment, other than a Day Care Home, licensed by the State of Ohio when required and providing care and supervision for seven or more persons on a less than 24-hour basis. This classification includes nursery schools, preschools, day care centers for children or adults and any other day care facility licensed by the State of Ohio.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Day care home - adult" means a day care facility located in a permanent residence where an occupant of the residence provides care and supervision for three or fewer adults at one time with no outside employees.

(Ordained by Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Day care home - type A" means a child care facility located in a permanent residence where an occupant of the residence provides care and supervision for seven to twelve children at one time, including children under the age of 6 related to the provider. The provider must be licensed by the State of Ohio Department of Human Services and can have no more than one employee assisting.

(Ordained by Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Day care home - type B" means a child care facility located in a permanent residence where an occupant of the residence provides care and supervision for six or fewer children at one time, including children under the age of 6 related to the provider. No employees are permitted.

(Ordained by Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Decision" means a discretionary action by a decision-making body.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Decision-making body" means an individual, officer, board or commission representing the City authorized to decide an application.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Demolition" means an act or process that destroys a structure in whole or in part.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Density" means the number of dwelling units for every unit of land.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

"Developmental disability dwelling" means an establishment licensed by the State of Ohio that is located in a single-family residence and provides accommodation, personal care, habilitation services and supervision in a family setting for not more than eight residents with developmental disabilities and employees caring for such residents.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008)

As used herein, the term "Director of Buildings and Inspections" shall mean the Director of the Department of Buildings and Inspections as set forth in Administrative Code Article XXI.

(Ordained by Emer. Ord. No. 141-2015, § 2, eff. July 1, 2015)

"Director of City Planning" shall mean the Director of the Department of City Planning as set forth in Administrative Code Article XXV.

(Ordained by Ord. No. 042-2012, § 1, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D9.

See § 1401-01-L7.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 2, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D10.

See § 1401-01-E1.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 3, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D11.

"Drive box" means an enclosable container temporary in nature for receiving recyclable or reusable material.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 4, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D12.

"Drive-Through Components" means any equipment or signage integral to the drive-through operations including but not limited to menu boards, pick-up or service windows, queuing lines, ATMs and voice boxes.

(Ordained by Ord. No. 0052-2008, § 1, eff. March 13, 2008; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 5, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D13.

Any commercial business which by design, type of operation, or nature of business, has as one of its functions the provision of services to motor vehicles or their occupants, or the provision of services to the occupants of motor vehicles while they remain in a vehicle.

(Ordained by Ord. No. 243-2005, eff. July 21, 2005; a. Ord. No. 0052-2008, § 2, eff. March 13, 2008; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 6, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D14.

"Dwelling unit" means one or more rooms with a single kitchen designed for occupancy by one family for living and sleeping purposes.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 243-2005, eff. July 21, 2005; a. Ord. No. 0052-2008, § 3, eff. March 13, 2008; a. Ord. No. 159-2008, § 2, eff. June 7, 2008; a. Ord. No. 042-2012, § 7, eff. March 29, 2012; Emer. Ord. No. 141-2015, § 3, eff. July 1, 2015)

Editor's note— Formerly § 1401-01-D15.

"Easement" means a grant of one or more property rights for a designated portion of land by the property owner to the public, a corporation, person or other entity.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Eating and drinking establishment" means a business that is primarily engaged in serving prepared food or beverages for consumption on or off the premises. It includes the following:

(a)

Drinking Establishments. Bars, nightclubs, lounges or dance halls serving beverages for consumption on the premises as a primary use and including on-site service of alcohol, including beer, wine and mixed drinks.

(b)

Restaurants, full service. Restaurants providing food and beverage services to patrons who order and are served while seated (table service) and pay after eating. Takeout service may be provided.

(c)

Restaurants, limited. Restaurants providing food and beverage services to patrons who order and pay before eating. Food and beverages may be consumed on the premises, taken out or delivered. Table service is not provided. This classification includes cafeterias, cafes, fast-food outlets, pizza delivery, snack bars and takeout eating places.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Establishment" means a specific land use on a lot or within a building. For purposes of this code, and establishment with multiple uses and/or products is considered to be one establishment when operating under one roof, within the same building footprint, or controlled a unifying entity.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 372-2006, § 1, eff. Jan. 20. 2007)

"Extension" means an increase in the amount of the existing gross floor area.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0346-2007, § 2, eff. Oct. 13, 2007)

"Exterior rowhouse" means a lot that is or is intended to be a site for a single-family rowhouse with a similar rowhouse attached on only one side.

Exterior Rowhouse Lot

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Building facade" means the maximum horizontal dimension of that side of a building abutting on or generally parallel to the front lot line or, in the case of a corner building, the combined maximum horizontal dimensions of the sides of the building abutting or generally parallel to the front lot line and the corner side line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Facility" means a structure, open area or part thereof.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Family" means a person living alone or two or more persons living together as a single housekeeping unit in a dwelling unit as distinguished from a group residential use. As applied in the SF District use regulations "family" includes:

(a)

Up to four persons unrelated to each other by blood, marriage or legal adoption, living together as a single housekeeping unit; or

(b)

Up to eight persons, other than foster parents and employees, living together in a foster home approved and regulated by the State of Ohio.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Farm" means a site operated and maintained by an individual, group or entity to cultivate trees, herbs, fruits, vegetables, flowers, ornamental foliage, or other plant crops for use, consumption, donation or sale where more than 20,000 square feet of land is under cultivation. "Farming" may include the operation of plant cultivation, storage of plants and plant cultivation materials in Agricultural Structures, incidental harvesting and packaging of raw goods, and, when permitted, accessory retail sales of goods cultivated on-site. "Farming" does not include value added processing. Animal Keeping is a separate use of a property, individually regulated. Horticulture is a related synonymous term.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0060-2008, § 3, eff. March 13, 2008; a. Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Fence" means a barrier made of wire, wood, metal, masonry or other material typically used as fencing or determined appropriate by the Zoning Administrator, used as a screen or enclosure for a yard or open space. It includes a wall, gate or other structure used as a fence.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 245-2005, eff. July 21, 2005; Emer. Ord. No. 141-2015, § 4, eff. July 1, 2015)

"Floor area" means inside surface measured to the outside walls in a defined space.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See Section 1401-01-G4.

(Ordained by Ord. No. 0344-2007, § 1, eff. Oct. 13, 2007)

"Floor area ratio" means the gross floor area of a building divided by total lot area, but exclusive of such floor area as may be used for parking facilities within the principal building and exclusive of such floor area as may be used for incidental service storage, installations of mechanical equipment, housing ventilators and heating systems and similar uses and the space used in common for recreational purposes by tenants and their guests where such facilities are not a part of an individual dwelling unit.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 2, eff. Oct. 13, 2007; a. Ord. No. 0346-2007, § 3, eff. Oct. 13, 2007)

"Food market" means an establishment for retail sales of food and beverages for off-site preparation and consumption. Typical uses include supermarkets, specialty food stores, or delicatessens. This category also includes large-scale stores that sell food items and beverages in bulk.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 3, eff. Oct. 13, 2007; a. Ord. No. 0281-2017, § 4, eff. Nov. 4, 2017)

"Food preparation" means a business that prepares food and beverages for off-site consumption, including delivery services. This classification includes catering kitchens, bakeries with on-site retail sales and the small-scale production of specialty foods, such as sweets. This classification excludes food production of an industrial character.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 4, eff. Oct. 13, 2007)

"Four-family dwelling" means a single building that contains four dwelling units.

(Ordained by Emer. Ord. No. 199-2024, § 1, eff. 7-1-2024)

"Fraternity or sorority house" means a building used as group living quarters for students of a college or university, who are members of a fraternity or sorority recognized by the college or university.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 5, eff. Oct. 13, 2007)

See § 1401-01-L11.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 6, eff. Oct. 13, 2007)

"Front yard" means the area of a lot extending across the full width of the lot and measured between the building line and the front lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 7, eff. Oct. 13, 2007)

"Street frontage" means the sides of a lot abutting a street.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 8, eff. Oct. 13, 2007)

"Fuel sales" means the retail sale of gasoline, diesel and kerosene fuels.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 9, eff. Oct. 13, 2007)

"Funeral and interment service" means an establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, crematories, mortuaries or columbaria.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0344-2007, § 10, eff. Oct. 13, 2007)

"Garden" means a site operated and maintained by an individual, group, or entity to cultivate trees, herbs, fruits, vegetables, flowers, ornamental foliage, or other plants for use, consumption, donation or, when permitted, accessory retail sale of goods cultivated on-site where less than 20,000 square feet of land is under cultivation. "Garden" is synonymous with a personal garden, community garden, or market garden.

(Ordained by Ord. No. 251-2019, § 6, eff. July 26, 2019)

"Garden supply store" and "nursery" means an establishment primarily engaged in the retail sale of garden supplies and plants grown on the premises or elsewhere. This classification includes the sale of landscape materials, topsoil and rental of landscaping equipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0060-2008, § 4, eff. March 13, 2008; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Government facility and office" include the following:

(a)

Facilities and installations. Major mail processing centers, military installations, vehicle emissions testing facilities and other similar facilities.

(b)

Correctional institutions. Community correctional facilities, correctional facilities or juvenile detention facilities.

(c)

Offices. Administrative, clerical or public contact offices of a government agency, together with incidental storage and maintenance of vehicles, including post offices.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Existing grade" means the elevation of the ground level or pavement at a stated location as it exists prior to disturbance in preparation for a development.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Finished grade" means the final elevation of the ground level after completion of the development.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Gross Floor Area" means the sum of the gross horizontal area of all floors of a building or structure measured from the exterior face of exterior walls, or from the centerline of a wall separating two buildings with no deduction for hallways, stairs, closets, thickness of interior walls, columns or other features. This definition does not include the area of parking facilities within the principal building.

(Ordained by Ord. No. 371-2006, § 1, eff. Jan. 20, 2007; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

See § 1401-01-T.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 371-2006, § 2, eff. Jan. 20, 2007; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Group residential" includes shared living quarters such as rooming houses, shared housing for the elderly, congregate housing, monasteries, convents, dormitories, sororities, fraternities, patients' family homes and private residential clubs. This classification excludes bed and breakfast homes and inns.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 371-2006, § 3, eff. Jan. 20, 2007; renumbered by Ord. No. 251-2019, § 9, eff. July 26, 2019)

"Height" means the vertical dimension as determined in § 1400-27-H. Height.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0050-2008, § 1, eff. March 13, 2008)

"Building height" is measured from the established grade in the front of the lot or from the average natural grade at the building line, if higher, to the top of the cornice of flat roofs, or to the deck line of a mansard roof, or to the mid-height of the highest gable or dormer in a pitched or hipped roof, or, if there are no gables or dormers, to the mid-height of a pitched or hipped roof.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 247-2005, eff. July 21, 2005)

See § 1401-01-T.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Home occupation" means an accessory activity of a nonresidential nature that is performed within a dwelling unit by the occupant of the unit.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Horticulture" means the practice, science, or art of growing fruits, vegetables, flowers, crops, or ornamental plants. Types of Horticulture may include:

(a)

Hydroponics. The growing of food or ornamental crops, in a water and fertilizer solution containing the necessary nutrients for plant growth.

(Ordained by Ord. No. 251-2019, § 10, eff. July 26, 2019)

"Hospital" means a state-licensed facility providing medical, surgical, psychiatric or emergency medical services to sick or injured persons. This classification includes facilities for inpatient or outpatient treatment, including drug and alcohol abuse programs as well as training, research and administrative services for patients and employees.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 11, eff. July 26, 2019)

"Hotel" means a facility with six or more guest rooms or suites designed for transient habitation, where access to individual units is predominantly through a common lobby that may provide additional services, such as conference and meeting rooms, restaurants, bars or recreation facilities available to guests or to the general public. This classification includes motor lodges, motels, hostels, extended stay hotels and tourist courts, but does not include rooming houses, boarding houses or residential hotels that are used, designed or intended to be used for sleeping for a period of 30 consecutive days or longer.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; renumbered by Ord. No. 251-2019, § 11, eff. July 26, 2019)

"Illegal use" means an activity or facility that is not a legal conforming or legal nonconforming use.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Incidental" means subordinate and minor in size and use and bearing an exclusive relationship with the primary use.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 415-2010, § 5, eff. Dec. 24, 2010)

"Indoor storage" means a facility for the keeping of business, personal property and office records, including mini warehouses.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Interior lot" means a lot other than a corner lot.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-L8.

Interior Rowhouse Lot

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-L9.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Juvenile detention facility" means a facility operated as a place for juvenile detention under the jurisdiction of the Court of Common Pleas, Juvenile Division of Hamilton County for children alleged or adjudicated as delinquent, unruly, dependent, neglected, abused or juvenile traffic offenders.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Kitchen" means a room or part of a room that is designed, built, used or intended to be used for food preparation and dishwashing; but not including a bar, butler's pantry or similar room adjacent to or connected with a kitchen.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Commercial laboratory" means a facility for medical, optical, orthotic, prosthetic, or dental laboratory services, photographic, analytical, or testing services and scientific research facilities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Landline communications" means a system for the transmission of information by wire or fiber.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Limited use" means a use allowed in a zoning district subject to specific limitations and the restrictions applicable to that zoning district.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Loft dwelling unit" means a dwelling unit which may contain a studio, gallery, office or business.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 134-2008, § 1, eff. May 23, 2008)

"Lot" means a parcel of land occupied or capable of being occupied by a use, building, or group of buildings and accessory buildings and uses, together with such open spaces as are required by this Code and having frontage on a street.

Lot

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Lot area" means the computed area contained within the lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Corner lot" means a lot bounded on two or more adjacent sides by streets, or by portions of such streets, having an angle of intersection 135 degrees or less.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Double-frontage lot" means an interior lot having frontage on more than one street.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 135-2008, § 1, eff. May 23, 2008; a. Ord. No. 296-2007, § 1, eff. Dec. 12, 2009)

"Interior rowhouse lot" means a lot that is or is intended to be a site for a single-family rowhouse with a similar rowhouse attached on each side.

Lot, Interior Rowhouse

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Interior side lot line" means a side lot line not abutting a street.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Lot line" the boundary enclosing a lot.

Lot Line

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Front lot line" means a lot line dividing a lot from a street. On a corner lot only one street line may be considered as a front line; provided that, where the length of a shorter street line is less than 90 percent of the length of the longer street line, the shorter street line is considered as the front lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Rear lot line" means a lot line opposite the front lot line. In the case of an irregular, or triangular lot, it means a line within the lot, ten feet long, parallel to and at the maximum distance from the front lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Side lot line" means a lot line that is not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Street side lot line" means a lot line dividing a lot from an abutting street, private way or alley way.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Lot of record" means a parcel of land that is in existence as of the effective date of this Zoning Code or any amendment thereto or was shown on a preliminary plan of a subdivision approved by the City Planning Commission.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Panhandle lot" means a lot that does not abut on an improved, publicly-dedicated street or an improved, private street for the full required width prescribed by the zoning code, also known as a "rear lot."

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0050-2019, §§ 1, 2, eff. 2-6-2019)

"Sub-minimum lot" means a lot not complying with the lot area requirements of the district but with the provisions of § 1421-09; or a lot complying with the lot area requirements but not with the lot width requirements of the district.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Vacant lot" means a lot without a building or structure.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Low-Impact Manufacturing" means the processing or fabrication of certain materials or products where the process involved will not produce light, noise, vibration, air pollution, fire hazard, or noxious emission which will disturb or endanger neighboring properties or compromise the quality of living.

(Ordained by Ord. No. 0060-2008, § 11, eff. March 13, 2008)

"Maintenance and repair service" means an establishment providing repair services for personal and household goods, such as household appliances, computers, television, audio or video equipment, office machines, furniture and leather goods. This classification excludes building maintenance services and maintenance and repair of automobiles and other vehicles and equipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Marina" means a facility for launching, mooring, berthing, storing or securing watercraft for primarily recreational use. A marina provides services to recreational watercraft and occupants thereof, including sanitary and other minor servicing and repair to watercraft while in the water and the sale of fuel and supplies. A marina may provide food, lodging, goods, beverages, recreation and entertainment as accessory uses. This classification includes public docks, yacht clubs, boat clubs and boatels.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Marine sales and service" means an establishment engaged in the sale and service of marine equipment, boats and recreational watercraft and accessory parts and supplies.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

A "Marquee" is a permanent roofed structure attached to and supported by the building and projects over public property/right-of-way. A marquee is constructed of a durable material such as glass or metal and is designed to accept signage and to provide protection from the elements. Marquees are not awnings or canopies.

(Ordained by Ord. No. 171-2006, § 4, eff. July 14, 2006)

"Medical services" and "medical clinic" means offices organized as a unified facility for more than two licensed physicians, dentists, chiropractors, or other health care professionals providing diagnosis or care of sick or injured persons but are not provided with room and board and are not kept overnight on the premises. Medical Services and medical clinics include medical and dental laboratories incidental to the medical office use.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 235-2005, eff. July 21, 2005; a. Ord. No. 171-2006, § 5, eff. July 14, 2006)

"Metal waste salvage yard" and "junk yard" means an establishment for the storage and dismantling of vehicles and equipment for sale of parts, as well as the collection, storage, exchange or sale of goods including, but not limited to, any used building material, used containers or steel drums and similar or related articles or property.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 5, eff. July 14, 2006)

"Mining" and "quarrying" means the extraction of metallic and nonmetallic minerals, including sand and gravel pit operations.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 5, eff. July 14, 2006)

"Mixed use" means a building or lot containing residential and commercial or industrial uses.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 5, eff. July 14, 2006)

"Multi-family dwelling" means a building or group of buildings that contain three or more dwelling units.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 171-2006, § 5, eff. July 14, 2006)

See § 1427-03-M1 Mural.

(Ordained by Ord. No. 136-2008, § 1, eff. May 23, 2008)

"Noncomplying structure" means a structure that was lawfully erected but that does not comply with the currently applicable requirements and standards prescribed in the regulations for the district in which the structure is located by reason of adoption or amendment of this ordinance.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Nonconforming use" means a use of a structure or land that was lawfully established and maintained, but that does not conform with currently applicable use regulations for the district in which it is located by reason of adoption or amendment of this ordinance.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Nursing home" means an institution, residence or facility licensed by the State of Ohio that provides accommodation, personal assistance and skilled nursing care to more than three residents who are dependent on the services of others by reason of age and physical or mental impairment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Office" means a facility for a firm or organization that primarily provides professional, executive, management or administrative services, such as accounting, advertising, architectural, city planning, computer software consulting, data management, engineering, medical, dental, chiropractors, or other health care professionals, environmental analysis, insurance, interior design, investment, graphic design, landscape design, law and real estate offices, drafting and recording studios. It excludes medical offices with more than two licensed health care professionals (see §1401-01-M3 Medical Services and Clinics), banks and savings and loan associations and offices that are incidental to retail, production, storage or other activities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 238-2005, eff. July 21, 2005)

"Off-street loading" means an off-street space for the temporary parking of commercial vehicles while loading or unloading merchandise or materials.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Oil and gas storage" means a tank farm or outdoor facility for the storage of oil and gas.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Opacity" means the measurement of the screening effectiveness, particularly the amount of light which passes through the screening material.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Open space" means the yard or the area between two buildings or between a building and the boundary line of a parcel.

"Common open space" means an open area within a development reserved for the exclusive use for occupants of the development and their guests.

"Private open space" means an open area outside of a building adjoining and directly accessible to a dwelling unit, reserved for the exclusive use of residents of the dwelling unit and their guests.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Ordinary repair and maintenance" means any work where the purpose and effect of such work is to correct any deterioration of or damage to a structure or any part thereof and to restore the same to its condition prior to the occurrence of such deterioration or damage.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

A porch, patio, deck or other area used for consumption of food and/or beverages by the public which is not completely enclosed within the exterior building walls, windows and doors of a limited restaurant, full service restaurant or a drinking establishment and which may or may not have a solid roof cover.

(Ordained by Ord. No. 94-2006, § 1, eff. 5-18-2006)

"Outdoor entertainment" means the provision of television or musical, theatrical, dance, cabaret, or comedy act performed by one or more persons either electronically amplified or not and/or any form of dancing by patrons and guests outside of the principal building on a deck or patio.

(Ordained by Ord. No. 102-2006, § 1, eff. 5-18-2006)

"Outdoor storage" means the keeping of commercial goods, equipment and raw materials in an open lot.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 94-2006, § 2, eff. May 18, 2006; a. Ord. No. 102-2006, § 2, eff. May 18, 2006)

See § 1401-01-L16.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Parabolic antenna" means a bowl-shaped device also known as a dish antenna for the reception and/or transmission of radio frequency communication signals in a specific directional pattern.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Parking facility, Principal Use," means a parking lot or a parking garage offering parking to the public and is the principal use of the premises.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 415-2010, § 7, eff. Dec. 24, 2010)

Editor's note— Formerly § 1401-01-P2.

"Parking facility, Accessory Use" means a parking lot or a parking garage offering parking to the public and except as other specified, incidental to a principal structure or use on the same lot.

(Ordained by Ord. No. 415-2010, § 8, eff. Dec. 24, 2010)

"Parking garage" means a multi-level structure built either above or below grade providing off-street parking for motorized vehicles.

Parking Garage

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Parking lot" means a surface lot that provides off-street parking for motorized vehicles, other than an automobile holding facility.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Parking space" means a permanently surfaced area in a parking facility for the parking of a motor vehicle.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Tandem parking space" means an arrangement of parking spaces such that one or more spaces must be driven across in order to access another space or spaces. A space that can only be accessed by driving across another space is called a dependent parking space. A space that can be accessed without driving across another space is called an independent parking space.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Park" and "recreation facility" means a park, playground, recreation facility and open space. This classification includes community centers, playing fields, courts, gymnasiums, swimming pools, wave pools, spraygrounds, picnic facilities, golf courses and country clubs, zoos and botanical gardens, as well as related food concessions.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 257-2007, § 2, eff. Aug. 27, 2007)

"Patients' family home" means a residential facility for the temporary residence of families of patients under medical care with common kitchen, dining and living spaces, owned, operated, managed or supervised by a non-profit organization.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Permitted use" means a use allowed in a zoning district and subject to the restrictions applicable to that zoning district.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Personal instruction service" means the provision of instructional services including: tutoring, photography, fine arts, crafts, dance or music studios, art studios, driving schools, vocation and trade schools not including automotive repair, diet centers, reducing salons, martial arts, yoga and workout studios with incidental retail sales.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 97-2006, § 1, eff. May 18, 2006)

"Personal service" means the provision of recurrently needed services of a personal nature. This classification includes barber and beauty shops, nail salons, tanning salons, massage therapy, electrolysis, seamstresses, tailors, shoe repair, dry cleaners (excluding dry cleaning plants), self-service laundries and photographic studios.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Planned development" means a large, integrated development adhering to a comprehensive site plan and located on a single site.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Porch" means a platform having a separate roof at an entrance to a dwelling that is considered a part of the building for setback purposes.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Portable storage container" means any container designed for the storage of personal property of a non-hazardous nature which is typically rented to owners or occupants of property for their temporary use and which is delivered and removed by truck.

(Ordained by Ord. No. 414-2008, § 1, eff. Jan. 4, 2009)

"Preexisting" means in existence prior to the effective date of this zoning code or amendments thereto (as in nonconforming use).

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Principal structure" means a building or other facility that is designed for or occupied by a principal use.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Principal use" means a use that is the primary function of land or structures.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Private vehicular storage lot" means a lot used for the purpose of storing non-disabled cars removed because of trespassing on private property or illegal parking on public property or the public right-of-way.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Production industry" means a category of uses that includes:

(a)

Artisan. Establishments primarily engaged in on-site production of goods by hand manufacturing, involving the use of hand tools and small-scale equipment.

(b)

General. Manufacturing of products, from extracted or raw materials, or recycled or secondary materials, or bulk storage and handling of such products and materials. This classification includes: food, beverage and tobacco product manufacturing; textile mills; textile product mills; apparel manufacturing; leather and allied product manufacturing; wood product manufacturing; paper manufacturing; chemical manufacturing; plastics and rubber products manufacturing; nonmetallic mineral product manufacturing; transportation equipment manufacturing; primary metal manufacturing; and fabricated metal product manufacturing.

(c)

Intensive high impact. Manufacturing of acetylene, cement, lime, gypsum or plaster-of-Paris, chlorine, corrosive acid or fertilizer, insecticides, disinfectants, poisons, explosives, paint, lacquer, varnish, petroleum products, coal products, plastic and synthetic resins and radioactive materials. This group also includes smelting, animal slaughtering and oil refining.

(d)

Limited. Manufacturing of finished parts or products, primarily from previously prepared materials. This classification includes: printing and related support activities; machinery manufacturing, food manufacturing, computer and electronic product manufacturing; electrical equipment, appliance, component manufacturing, furniture and related product manufacturing; and other uses as determined by the Zoning Administrator.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009; Emer. Ord. No. 141-2015, § 5, eff. July 1, 2015)

"Projecting bay" means a continuous recess within the interior of a building that contains one room, does not span more than two stories, and does not reach the ground, resulting in a projection on the outside of the building.

(Ordained by Emer. Ord. No. 199-2024, § 1, eff. 7-1-2024)

"Public maintenance facility" means a governmentally owned facility providing maintenance and repair services for vehicles and equipment and areas for storage of equipment and supplies. This classification includes governmentally owned construction yards, equipment service centers and similar facilities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Public safety facility" means a facility for public safety and emergency services, including police and fire protection and police and fire training facilities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Public use" means a use owned or operated by a public agency.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Public utility distribution system" means a facility for the distribution of gas, electricity, water, steam, hot water, chilled water and landline communications.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Public utility maintenance yard" means a building, other structure, or open area used by a public utility for the storage, maintenance or repair of materials and equipment or vehicle parking.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

"Public utility plant" means a building or other structure for water supply or wastewater treatment or the production of electricity, steam, hot water or chilled water for consumption by the general public.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 414-2008, § 2, eff. Jan. 4, 2009)

See § 1401-01-L12.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Rear yard" means the area of a lot extending across the full width of the lot and measured between the building and the rear lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Recreation and entertainment" means the provision of recreation or entertainment to paying participants or spectators. Recreation and entertainment uses may be either:

(a)

Outdoor or large-scale recreation and entertainment. This classification includes large, generally outdoor facilities, including: sports stadiums and arenas; amusement and theme parks; racetracks; driving ranges; swimming or wave pools; entertainment complexes; movie theaters (4 or more screens); drive-in theaters; archery or shooting ranges; riding stables; campgrounds; recreational vehicle parks; etc.

(b)

Indoor or small-scale recreation and entertainment. This classification includes small, generally indoor facilities, although some facilities may be outdoor, including: fitness centers, gymnasiums, handball, racquetball or tennis club facilities, ice or roller skating rinks, movie theaters (three or fewer screens); bingo parlors, billiard parlors, bowling centers, poolrooms, miniature golf courses and amusement arcades.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Recreational vehicle" means a mobile vehicle, either self-propelled or towed, that is used for temporary periods of human habitation.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Recreational vehicle park" means a site or tract of land with a minimum of five acres on which two or more recreational vehicles or tents are parked or erected and including any roadway, drainage sewer system, water supply or electric system used or intended for use as a part of the facilities of such recreational vehicle park and as regulated by the Board of Health of Cincinnati. Such facility may not be used for the sale and/or servicing of recreational vehicles.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Recycling container" means a bin or container for the storage of recyclable materials.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Recycling enclosure" means a space allocated for collecting and loading recyclable materials, capable of accommodating containers for recycling materials.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Religious assembly" means an establishment for religious worship and other religious ceremonies, including religious education, rectories and parsonages, offices, social services, columbaria and community programs.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Research and development" means an establishment primarily engaged in the research, development and controlled production of high technology electronic, industrial or scientific products or commodities for sale. This classification includes biotechnology firms and manufacturers of nontoxic computer components.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Residential care facility" means an establishment operated for the purpose of providing special care or rehabilitation to the occupants, including the following:

(a)

Assisted living. See § 1401-01-A11.

(b)

Developmental disability dwelling. See § 1401-01-D5.

(c)

Nursing home. See § 1401-01-N2.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Residential district" means a district denoted by the letters SF or RM.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-E1(b).

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-E1(c)

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Retail sales" means an establishment engaged in sales of goods, including, but not limited to: alcoholic beverage sales, furniture and home furnishings, electronics and appliances, clothing and shoes, jewelry, luggage and leather goods, sporting goods and hobbies, books, periodicals and music, tobacco sales, department stores, florists, office supplies and stationary, gifts and novelties, pets, hardware, pawn shops, video stores and auto parts. This classification includes the retail sale or rental of merchandise not specifically listed under another use classification.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Rooming house" means a building containing three or more rooming units not offering nursing or dietary care, therapy or counseling for its occupants. (See § 1401-01-R15. Rooming Unit)

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Rooming unit" means a room available for rental occupancy for periods of seven days or longer but not equipped with a kitchen facility so as to constitute a dwelling unit.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Rowhouse building" means a building containing two or more single-family rowhouses, each rowhouse being separated from the adjoining rowhouse by fire resistive walls without openings and each rowhouse having independent access to the exterior of the building in the ground story.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Single-family rowhouse" means a dwelling unit on its own lot that is part of a rowhouse building.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"School" means a facility for educational purposes that offers a general course of study at primary, middle, or high school levels and vocational and trade programs that are incidental to the operation of such schools.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Screening" means a method of visually shielding or obscuring one abutting or nearby structure or use from another by fencing, walls, berms or densely planted vegetation.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Semi-public use" means a use owned or operated by a non-profit agency, private institution or foundation.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Setback line" means the line that is the required minimum distance from any property line and that establishes the area within which the principal structure must be erected or placed. See Figure in 1401-01-L10. Lot Line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Sexually oriented business" means an adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel or adult entertainment out-call service in the form of semi-nude dancing or exhibition, adult motion picture theater, adult theater, semi-nude model studio or sexual establishment as further defined in Chapter 899 of the Municipal Code.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Shared housing for the elderly" means a residence for not more than ten adults, the majority of whom are 60 years of age or older, either cooperatively established by the residents or under the sponsorship of a non-profit organization; provided that the residents are living together as a family and are all capable of self-preservation without assistance in the event of an emergency.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Shopping center" means a group of buildings and accessory space devoted to permitted uses under one ownership with separate establishments rented or leased, having common parking facilities for all establishments, with no lot lines drawn between establishments.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-L13.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Side yard" means the area of a lot extending from the front yard to the rear yard and measured between the building and the side lot line.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Single-family dwelling" means a freestanding building designed for occupancy by one family.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Site" means a lot or group of lots that is proposed for development in accord with the provisions of this Code and is in a single ownership or under unified control.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Special assistance shelter" means a facility for the short-term housing for individuals who are homeless and who may require special services.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Street" means a public or private right-of-way 21 feet or more in width whose primary function is to furnish the chief means or access to properties abutting it.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-L14.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Streetcar" means as car, other than a railroad train, for transporting persons or property, operated upon rails principally within a street or highway (O.R.C. §4511.01(R)).

(Ordained by Ord. No. 416-2010, § 1, eff. Dec. 24, 2010)

"Structure" means anything constructed or made, the use of which requires permanent location in or on the ground or attachment to something having a permanent location in or on the ground.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 416-2010, § 2, eff. Dec. 24, 2010)

Editor's note— Formerly § 1401-01-S14.

See § 1401-01-L17.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 416-2010, § 3, eff. Dec. 24, 2010)

Editor's note— Formerly § 1401-01-S15.

"Substitution" means the replacement of an existing use by a new use, or a change in the nature of an existing use. It does not include a change of ownership, tenancy or management where the previous line of business or other function is substantially unchanged.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 416-2010, § 4, eff. Dec. 24, 2010)

Editor's note— Formerly § 1401-01-S16.

"Three-family dwelling" means a single building that contains three dwelling units.

(Ordained by Emer. Ord. No. 199-2024, § 1, eff. 7-1-2024)

"Transitional housing" means housing designed to assist persons in obtaining skills necessary for independent living in permanent housing, including homes for adjustment and halfway houses. Transitional housing is housing in which:

(a)

An organization provides a program of therapy, counseling, or training for the residential occupants;

(b)

The organization operating the program is licensed or authorized by a governmental authority having jurisdiction over operation; and

(c)

The program is for the purpose of assisting the residential occupants in one or more of the following types of care:

(1)

Protection from abuse and neglect;

(2)

Developing skills necessary to adjust to life;

(3)

Adjusting to living with the challenges of a physical disability;

(4)

Adjusting to living with the challenges of an emotional or mental disorder or an intellectual disability;

(5)

Recuperation from the effects of drugs or alcohol, even if under criminal justice supervision; or

(6)

Readjusting to society while housed under criminal justice supervision including, but not limited to, pre-release, work-release, and probationary programs.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 287-23, § 1, eff. August 2, 2023)

"Transportation facility" means a category of uses including:

(a)

Airports. Facilities for the takeoff and landing of airplanes and helicopters, including runways, aircraft storage buildings, public terminal buildings and parking, helicopter pads and support activities such as airport operations and air traffic control.

(b)

Heliports. Facilities intended solely for takeoff and landing of helicopters.

(c)

Railroad, right-of-way. Railroad land used for through tracks. Railroad, train yard uses are prohibited.

(d)

Railroad, train yard. Railroad areas used for classification yards, switch tracks, team tracks, storage tracks and freight yards.

(e)

Transportation passenger operation. Facilities for passenger transportation operations, holding facilities and maintenance operations, which includes rail stations, bus terminals, urban and regional transit stations and scenic and sightseeing facilities, but does not include airports and heliports.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 0051-2008, § 1, eff. March 13, 2008)

"Truck terminal and warehouse" means a facility for the storage of commercial goods within an enclosed building for distribution by truck. This includes bulk mail handling facilities.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Two-family dwelling" means a single building that contains two dwelling units, neither of which is an accessory dwelling unit.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 266-2023, §§ 2, 15, eff. Oct. 2, 2023)

"Urban Agriculture" means the practice of keeping Gardens, Farms and/or Animal Keeping within an established urban environment in compliance with Ohio Department of Agriculture regulations.

(Ordained by Ord. No. 251-2019, § 12, eff. July 26, 2019)

See § 1401-01-L18.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Vehicle and equipment sales and rental" means a facility for the sale or rental of automobiles, motorcycles, trucks, tractors, construction or agricultural equipment, motor homes and RV's, boats and similar equipment, including storage and incidental maintenance.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Vehicle and equipment services" means a facility for:

(a)

Vehicle and equipment sales and rental. See § 1401-01-V1.

(b)

Car wash. See § 1401-01-C.

(c)

Fuel sales. See § 1401-01-F13.

(d)

Vehicle repair. See § 1401-01-V3.

(e)

Automobile holding facility. See § 1401-01-A14.

(f)

Vehicle repair, heavy. See § 1401-01-V4.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 137-2008, § 1, eff. May 23, 2008)

"Vehicle repair" means an establishment engaged in repair of automobiles, trucks, motorcycles, motor homes or recreational vehicles or boats, including the sale, installation and servicing of related equipment and parts including quick-service oil, tire sales and installation, tune-up, brake and muffler shops. This classification includes auto repair shops, body and fender shops and upholstery shops, but excludes vehicle dismantling or salvage and tire re-treading or recapping, towing or repair of heavy trucks or construction vehicles.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Heavy Vehicle Repair" means motor vehicle repair including but not limited to trucks, recreational vehicles, buses, boats and heavy equipment and similar size vehicles which have gross vehicle weights greater than 6,000 pounds but excluding airplane or aircraft.

(Ordained by Ord. No. 137-2008, § 2, eff. May 23, 2008)

"Vending machine" means a self-service container, structure, storage unit or other device for dispensing consumable food products and goods. This definition excludes newsracks of publications and printed material.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004; a. Ord. No. 137-2008, § 3, eff. May 23, 2008)

Editor's note— Formerly § 1401-01-V4.

(a)

"Warehousing and storage" means a facility for the storage and distribution of personal property without sales to the public, including: Contractor's storage. See § 1401-01-C16.

(b)

Indoor storage. See § 1401-01-I2.

(c)

Oil and gas storage. See § 1401-01-O2.

(d)

Outdoor storage. See § 1401-01-O6.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Waste management" means any of the following:

(a)

Waste collection. Facilities where waste material, other than hazardous or infectious waste, is received and temporarily stored in closed containers without processing or disposition, including but not limited to: recycling drop-off point, yard waste depot, charitable drive box and other similar uses limited in volume and means of storage and posing no nuisance by reason of odor, noise, runoff, underground seepage or unsightly conditions.

(b)

Waste disposal. Facilities where waste material, including hazardous or infectious waste, is incinerated, land filled or put to other final disposition.

(c)

Waste transfer. Facilities where waste material, other than hazardous or infectious waste, is received and processed for transportation to another place for recycling, re-use, incineration or final disposal, including but not limited to: biological treatment facility, composting yard, resource recovery facility, recycling center, buy-back center, tire shredding facility, tire recycling facility, refuse-derived fuel manufacturing facility, transfer station and other similar uses, limited by the volume and type of material processed, or the characteristics of the equipment or methods used to process the waste material.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Watercraft and riverfront facility" includes any of the following:

(a)

Barge terminal. See § 1401-01-B1.

(b)

Boat and ship yards. See § 1401-01-B6.

(c)

Commercial pier and port. See § 1401-01-C8.

(d)

Marina. See § 1401-01-M1.

(e)

Marine sales and service. See § 1401-01-M2.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Wholesaling and distribution" means a facility for storage and wholesale distribution of merchandise and bulk goods and non-retail store sales, including electronic shopping, mail-order houses and other direct-selling establishments. This use classification excludes retail sale of goods at discount prices for individual consumption.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Wireless communication antenna" means an antenna designed to transmit or receive communications as authorized by the Federal Communication Commission, excluding amateur radio operator antennae and parabolic antennae.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Wireless communication tower" means a structure that elevates the wireless communication antenna and may include accessory transmission and receiving equipment, including, but not limited to, self-supporting lattice, guyed or monopole towers.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Wireless equipment shelter or equipment cabinet" means a facility for housing telecommunication equipment.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

"Yard" means the area between the building and any lot line, including a front yard, side yard, corner side yard or rear yard.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-F11.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-R1.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

See § 1401-01-S8.

(Ordained by Ord. No. 15-2004, eff. Feb. 13, 2004)

As used herein, the term "Zoning Administrator" shall mean the Zoning Administrator as set forth in Administrative Code Article XXI.

(Ordained by Emer. Ord. No. 141-2015, § 6, eff. July 1, 2015)