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Cincinnati City Zoning Code

CHAPTER 1401

DEFINITIONS

§ 1401-01.- Definitions.

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)

§ 1401-01-A1.- Abutting or Adjoining.

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

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

§ 1401-01-A1A.- Accessory Dwelling Unit.

"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)

§ 1401-01-A2.- Accessory Structure.

"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)

§ 1401-01-A3.- Accessory Use.

"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)

§ 1401-01-A4.- Agricultural Structure.

"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)

§ 1401-01-A5.- Alley.

"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)

§ 1401-01-A6.- Alteration.

"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)

§ 1401-01-A7.- Ambulance Services.

"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)

§ 1401-01-A8.- Animal Keeping.

"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."

§ 1401-01-A9.- Animal Service Facilities.

"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)

§ 1401-01-A10.- Antenna.

"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)

§ 1401-01-A11.- Architectural Element.

"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)

§ 1401-01-A12.- Arterial Street.

"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)

§ 1401-01-A13.- Assisted Living.

"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)

§ 1401-01-A14.- Attached Single-Family Dwelling.

"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)

§ 1401-01-A15.- Automated Teller Machine (ATM).

"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)

§ 1401-01-A16.- Automobile Holding Facility.

"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)

§ 1401-01-A17.- Awning.

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)

§ 1401-01-B.- Bank and Financial Institution.

"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)

§ 1401-01-B1.- Barge Terminal.

"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)

§ 1401-01-B2.- Basement.

"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)

§ 1401-01-B3.- Bed and Breakfast Home.

"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)

§ 1401-01-B4.- Bed and Breakfast Inn.

"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)

§ 1401-01-B5.- Berm.

"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)

§ 1401-01-B6.- Bicycle Parking Space.

"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)

§ 1401-01-B7.- Block Face.

"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.

§ 1401-01-B8.- Boat and Ship Yard.

"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.

§ 1401-01-B9.- Breezeway.

"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.

§ 1401-01-B10.- Buffer Yard.

"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.

§ 1401-01-B11.- Building.

"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.

§ 1401-01-B12.- Building Envelope.

"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


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.

§ 1401-01-B13.- Building Line.

"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


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.

§ 1401-01-B14.- Building Maintenance Service.

"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.

§ 1401-01-B15.- Building Materials Sales and Service.

"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.

§ 1401-01-B16.- Business Service.

"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.

§ 1401-01-C. - Canopy.

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)

§ 1401-01-C1.- Car Wash.

"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)

§ 1401-01-C2.- Cemetery.

"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)

§ 1401-01-C3.- Club and Lodge.

"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)

§ 1401-01-C4.- Collector Street.

"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)

§ 1401-01-C5.- College.

"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)