(a) Customary Meanings. Except where specifically defined herein all words used in this Zoning Ordinance shall carry their customary meanings.
(b) Word Usage.
(1) Words used in the present tense include the future. The plural includes the singular, and words in the singular number include the plural number.
(2) Words in the masculine gender include the feminine and neuter genders.
(3) The word "lot" includes the word "plot", and the word "building" includes the word "structure". The word "shall" is intended to be mandatory.
(4) "Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied".
(c) Other Terms not Defined. Any other term not defined herein shall be as defined by the Ohio Revised Code, or if no such definition exists therein, such word shall be defined as commonly used in this City.
(d) Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
(e) References to Other Regulations, Publications and Documents. Whenever a reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
(f) Mandatory and Discretionary Terms. The word shall is always mandatory, and the words may or should are always permissive.
(g) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected items, conditions, provisions, or events shall apply; and
(2) “Or” indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(Ord. 2020-4053. Passed 1-7-21.)
1179.02 GENERAL DEFINITIONS.
(a) Definitions relating to regulations associated with electric vehicle charging stations, solar energy systems, wind energy systems, wireless telecommunications facilities, small cell facilities, landscaping, and historic preservation may be found in Sections: 1131.06(a), 1131.17(i); 1131.21(i); 1133.02; 1135.02; 1147.19; and 1169.06, respectively.
(b) For the purposes of this Zoning Ordinance, certain words and terms are defined as follows:
(1) “Accessory building” means a subordinate building which is customarily incidental to and located on the same lot as the main or principal building, such as a detached garage or utility building located in a residential district.
(2) “Accessory use” means a use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use or building.
(3) “Administrative appeal” means an appeal to the Board of Zoning Appeals alleging that the City Zoning Inspector or an authorized representative has errored in administration or enforcement of this Zoning Ordinance. An appeal may be filed by any person or any official of the City of Fremont aggrieved by the decision of the Zoning Inspector or the authorized representative in order to determine if the decision was in conformance with this Zoning Ordinance.
(4) "Agricultural livestock" means animals raised for use or profit such as, but not limited to, the following animals commonly associated with local agriculture: horses, cattle, sheep, goats, chickens and hogs.
(5) "Alteration", as applied to a building or structure, means any change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side, or by an increase in height, or the moving of such building or structure from one location or position to another.
(6) "Apartment" means a building comprised of individual dwelling units.
(7) "Basement" means that portion of a building the floor of which is not less than two (2) feet below grade and the ceiling of which is not less than four (4) feet and six (6) inches above grade.
(8) “Block” means a plot of land which is bounded on all its sides by public streets or places.
(9) "Board of Zoning Appeals" means the Board of Zoning Appeals of the City of Fremont, Ohio.
(10) "Building" means a combination of materials to form a construction that is safe and stable, adapted to permanent or continuous occupancy by public, residence, business, assembly or storage purposes. The term "building" shall be construed as if followed by the words "or part thereof".
(11) "Building, attached" means a building that is structurally connected to the principal building, including connections by a roofed, enclosed passageway.
(12) "Building area" means the portion of a lot that can be used for the erection of buildings excluding easements and setbacks.
(13) “Building line” means a line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from the said right-of-way
(14) "Building, principal" means a building, including an attached garage, in which is conducted the main or principal use of the lot on which such building is situated.
(15) "Bulk" means the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.
(16) "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or service.
(17) "Car port" means a partially enclosed structure, usually attached to the primary building and designed to house motor vehicles. A permit is required to totally enclose this structure even if a permit was obtained for the car port
(18) "Cellar" means that portion of a building the ceiling of which is entirely below or less than four (4) feet and six (6) inches above grade.
(19) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives and policies of the community and includes the official land use plan, the official thoroughfare plan, the community facilities plan, and the open space plan for the City of Fremont.
(20) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
(21) "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district. See Chapter 1163: Conditional Permitted Uses, for approval procedure.
(22) “Condominium Property” means land, all buildings, improvements, and structures on the land, all easements, rights, and appurtenances belonging to the land, and all articles of personal property submitted to the provisions of Chapter 5311 of the Ohio Revised Code.
(23) "Council" means the City Council of the City of Fremont, Ohio.
(24) "Court" means an open unoccupied space, enclosed or partially enclosed by three (3) or more intersecting walls of a building or buildings.
(25) "Coverage" means that percentage of the lot area covered by the building area.
(26) "Curb level" means the officially established grade of the front curb on the mid-point of the lot.
(27) "Density" means a unit of measurement, which is the number of dwelling units per acre of land.
(28) "Density, gross" means the number of dwelling units per acre of total land to be developed.
(29) "Density, net" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use. Street right of way and other publicly or community-dedicated lands shall be excluded from such calculation.
(30) "District" or "zoning district" means a section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the requirement for off-street parking and the intensity of use are uniform. Boundaries of the district are shown on the Zoning Map which is part of this Zoning Ordinance.
(31) "Drainageway" means a watercourse, gully, dry stream or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by stormwater sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
(32) "Dwelling" means any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin, travel trailer, tree house or a room in a hotel or motel.
(33) "Dwelling unit" means a prescribed area within a building, comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by one (1) family and its household employees.
(34) "Dwelling, single-family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one (1) family.
(35) "Easement" means authorization by a property owner for the use by another and for a specified purpose, of any designated part of his property.
(36) "Family" means one (1) or more persons related by blood, marriage or adoption who live together in one (1) dwelling unit and maintain a common household, or not more than three (3) persons not related by blood, marriage or adoption.
(37) "Fence" means an enclosure, barrier or screen whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(38) “Floor area” means the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial activities related to the principal but use but not including storage, it shall be counted as floor area in computing off-street parking requirements.
(39) "Floor area ratio of a building" means the quotient of the floor area of a building divided by its lot area.
(40) "Flood Hazard Boundary Map" means a map prepared by the Federal Emergency Management Agency identifying areas subject to the 100-year flood and used for obtaining flood insurance in the preliminary or emergency phase of the program.
(41) "Private garage" means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises, and where not more than two (2) spaces are rented for parking to persons not residents of the premises.
(42) "Grade" When a curb level has been established, means curb level. When a curb level has not been established or when the natural surface is at a different level than the curb level and remains unchanged, "grade" means with respect to a building, the average ground elevation adjoining the building.
(43) "Story height" means the vertical distance from top to top of two (2) successive tiers of floor beams.
(44) "Industrial use" means any use involving manufacturing, processing, testing and similar uses and which may generate some objectionable characteristics, such as noise, smoke, dust or pollution.
(45) "Junkyard" means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation; or any land used for wrecking and not restoration to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.
(46) "Off-street loading space" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking area. All off-street loading spaces shall be located totally outside of any street or alley right of way.
(47) "Lot" means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same. The street corporation boundary line of the City shall be deemed the lot line of any parcel of ground abutting thereon.
(48) "Lot, corner" means a lot at the intersection of two (2) or more streets and which has an interior angle of less than 135 degrees at the intersection of two (2) street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
(49) "Lot depth" means the distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
(50) "Lot frontage" means the distance along the front lot line.
(51) "Lot, interior" means a lot other than a corner lot.
(52) "Lot lines" mean any line dividing one (1) lot from another.
(53) "Lot, rear lot" means the lot line opposite and most distant from the front.
(54) “Lot, side lot" means any lot line other than front or rear lot lines. A side lot line separating a lot from a street means a "side street lot line". A side lot line separating a lot from another lot or lots means an "interior side lot line".
(55) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which is recorded.
(56) "Lot, reverse frontage" means a lot on which frontage is at right angles to the general pattern in the area, and which may also be a corner lot.
(57) "Lot, through" means a lot other than a corner lot with frontage on more than one (1) street. A "through lot" abutting two (2) streets may be referred to as a double frontage lot.
(58) "Lot width" means the width of the lot measured at the building setback line.
(59) "Nonconforming use" means the use of land or building, or portion thereof, which does not conform to the use regulations of the district in which it is located.
(60) "Nonconforming structure" means a structure, or portion thereof, which does not conform to the yard, density, height, bulk, parking or other regulations.
(61) "Off-street parking area" means a surfaced area including driveways designated for the parking of motor vehicles, but not including sidewalks, driving lanes and driveway aprons.
(62) "Parking space" means a paved area within a garage, main building or accessory building, a covered paved area such as a carport, or a dust-free surfaced area having the prescribed area, exclusive of ramps and driveways, which is permanently reserved for the parking or storage of one (1) motor vehicle and connected with a street or alley by a dust-free surfaced driveway which affords satisfactory ingress and egress for motor vehicles.
(63) "Permanent foundation" means a structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. For purposes of this Zoning Ordinance, a "permanent foundation" requires walls at the exterior line of the trailer constructed on footers set below frost line and steel beams across these walls to weld or bolt the trailer frame to.
(64) "Planning Commission" means the Planning Commission of the City of Fremont, Ohio.
(65) "Premises" means a lot together with all the buildings and uses thereon.
(66) "Private club" means an association organized and operated not for profit for persons who are bona fide members paying annual dues, which hires or leases premises, the use of which is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by members at their annual meeting. Food, meals and beverages may be served on the premises, provided adequate dining room space and kitchen facilities
are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization and such sale or service is in compliance with all applicable federal, state, county and local laws.
(67) "Private street" means a street not dedicated to the City.
(68) "Public hearing" means a hearing held after legal notice has been published in a newspaper of general circulation.
(69) "Recreation vehicle" includes the following:
A. "Boats and boat trailers" means boats, floats and rafts, plus the normal equipment to transport the same on the street or highway.
B. "Fold-tent trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation use.
C. "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
E. "Travel trailer" means a vehicle or other portable structure forty (40) feet or less in length that is designed or used as a temporary dwelling and also to move on the street or highway.
(70) "Retention basin" means a body of water whether permanent or for the purposes of holding water for longer than designated flood interval storms. For purposes of these regulations a retention basin shall meet all the requirements for a pond.
(71) "Screening" means a neat, orderly and healthy screen of evergreen plant material not less than three (3) feet in height with an expected normal growth of at least five (5) feet in height, protected by a galvanized wire link fence at least five (5) feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.
(72) "Setback line" means the line to which a building is required to set back from the street right-of-way line.
(73) "Sign" means a structure or any part thereof, or any device attached to or painted directly or indirectly on a building or structure or a parcel of land, and which displays or includes any letter, model, banner, pennant, insignia, device or other presentation to direct attention to a person, institution, organization, activity, place, object, product or business. The word "sign" includes the word billboard, but does not include flag, pennant or insignia of any nation, state, city or other political unit.
(74) “Sign, abandoned” A sign which no longer identifies or advertises a bona fide business, lessor service, owner, product or activity, and/or for which no legal owner can be found.
(75) “Sign, Air-Activated Graphic” A sign, all or any part which is designed to be moved by action or forced air so as to make the sign appear to be animated or otherwise have motion.
(76) “Sign area” means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign. “Sign area” includes decorative trim and any structural elements outside the limits of such sign surface and which forms an integral part of the display.
(77) “Sign, awning” means a sign painted on, printed on, or attached flat against the surface of an awning.
(78) “Sign, balloon” A temporary sign composed of cloth, canvas, plastic fabric, or similar lightweight non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method or that may be supported by stakes in the ground.
(79) “Sign, bandit” Temporary, portable yard signs used for commercial and non-commercial messages for on-premise and off-premise activities and advertising.
(80) “Sign, billboard” An off-premise permanent sign that is either illuminated or non-illuminated that directs attention to goods, merchandise, entertainment or services offered at a location other than the premises on which the sign is located.
(81) “Sign, blade” (A.K.A. Feather, Teardrop and Flag) A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
(82) “Sign, business” means a sign which directs attention to a business or profession conducted on the premises.
(83) “Sign, business center” A grouping of two or more business establishments on one or more parcels of property which may share parking and access and are linked architecturally or otherwise developed as a unified grouping of businesses. A business center shall be considered one use for the purposes of determination of the maximum number of free-standing signs.
(84) “Sign, changeable copy” A sign designed so that the characters, letters, or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also Signs, Electronic Message Center.
(85) “Sign, Commercial Message” Any sign wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity.
(86) “Sign, Electronic Message Center (EMC)” A sign designed so that the characters, letters or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g. electronic or digital signs using LED lighting)
(87) “Sign, flashing” means an illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(88) “Sign, freestanding” A sign which is not attached to a principal or an accessory structure, including center pole signs, posts and panels, or monument signs, but excluding off-premises signs.
(89) “Sign, human” (A.K.A. Mascot, Spinner and Person) A person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be
(90) “Sign, illuminated” means a sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(91) “Sign, monument” A permanent freestanding sign other than a pole sign, not attached to a building that is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal type structure.
(92) “Sign, mural” A large scale temporary or permanent sign/work of art/graphic illustration or advertising display that covers all or a major portion of a blank or unfinished wall, building or structure.
(93) “Sign, nameplate” A sign indicating the name and address of a building; or the name of an occupant thereof; and the practice if a permitted occupation therein.
(94) “Sign, non-commercial” Any sign, wording logo or other representation that is not defined as a commercial message. Such signs may include, but not be limited to those directing the location of restrooms, those imposing restrictions on smoking, or those expressing political and/or religious philosophies.
(95) “Sign, off-premise” means a sign which directs attention to the name of a business or establishment, or goods or commodities sold or manufactured and/or services rendered on premises other than where the sign is located. Also, may include signs expressing opinions, displaying political information or public service messages.
(96) “Sign, permanent” A sign located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
(97) “Sign, portable” Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, including but not limited to “A-frame, T-frame, or inverted T-shaped” structures, including those signs mounted on wheeled trailers, hot air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights.
(98) “Sign, projecting” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure, and is not parallel to the structure to which it is attached. Projecting signs include signs that are totally in the right-of-way, partially in the right-of-way, or fully on private property.
(99) “Sign, projecting image” A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.
(100) “Sign, roof” A sign mounted on the roof of a building or structure, lying either flat against the roof or upright at an angle to the roof pitch. This also includes any advertising on pitched roof formed by using different color shingles or other roof coverings and/or signs painted on the roofing shingles or other roofing material.
(101) “Sign, Snipe” A temporary sign, usually made of paper or cardboard, illegally tacked, nailed, stapled, posted, pasted, glued, tied, or otherwise attached to trees, poles, stakes, fencing, mail boxes or other objects.
(102) “Sign, temporary” Any sign not intended or designed for permanent display or permanent attachment to the ground or a structure and intended for a limited period of display. For the purposes of this Zoning Ordinance, temporary signs are defined as those signs related to a temporary event or condition, and may include, but not be limited to construction signs, garage/estate sales/auctions, political signs, holiday and special events, and real estate signs (including the leasing or sale of rental units, commercial/industrial space or buildings and residential dwellings).
(103) “Sign, vehicle” Any sign permanently or temporarily attached to or placed on a vehicle or trailer in any manner so that the sign is used primarily as a stationary identification or advertisement sign.
(104) “Sign, wall” A sign which faces an adjacent parking area and/or public street and is attached directly to a building wall, or rigid or non-rigid fabric marquee or awning-type structure attached to a building, and generally parallel to the building wall, including signs painted on any building wall, or extending from the wall in the case of a canopy, awning or marquee-type structure.
(105) “Sign, window” A sign located on the inside or outside of a window which is intended to be viewed from the outside.
(106) "Story" means that portion of a building included between the upper surface of any floor and upper surface of the next floor above, or if there is no floor above, the portion between such floor and the ceiling above and also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half (½) of the basement is above grade level at the front of the building.
(107) "Street" means a roadway dedicated or devoted to public use by legal mapping, use or other lawful manner, and includes highway, avenue, road, alley, land, boulevard, terrace, concourse, driveway and sidewalk.
(108) "Structure" means a combination of materials forming a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television towers, water tanks and towers, trestles, piers, wharves, sheds, storage bins, walls, fences, display signs and solar panels. The word “structure” shall be construed as if followed by the words “or part thereof”.
(109) "Structural restoration" means the reconstruction of exterior walls, roof, foundation, etc., done for general maintenance or safety reasons. No zoning certificate is required if the exact same exterior dimensions and location are maintained.
(110) "Variance" means a variation from a strict interpretation of the terms of this Zoning Ordinance which is owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in the Zoning Ordinance, a variation is authorized only for height, area, yard, or setback requirements.
(111) "Warehouse" means any building or structure which use is limited to the storage of equipment or material.
(112) “Water Garden/Fish/Coy Pond” means a decorative water enclosure not intended for swimming purposes.
(113) "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise, and commodities for resale by the purchaser.
(114) "Yard" means an open, unoccupied space on the same lot with a building, situated between a lot line and the parts of the main building, exclusive of cornices and uncovered porches, setting back from and nearest to such line.
(115) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and principal building, or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies, or unenclosed and uncovered porches.
(116) "Yard, rear" means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the principal building and/or accessory building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
(117) "Yard, side" means a yard between the principal building and/or accessory buildings and the side line of the lot and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the principal building and/or accessory building.
(118) "Zoning certificate" means the document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(Ord. 2020-4053. Passed 1-7-21.)
1179.03 USE CATEGORIES.
(a) This Section classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain other site factors. The use categories provide a systematic basis for assignment of uses to zoning districts.
(b) For the purposes of this Zoning Ordinance, use categories are classified as follows:
(1) “Adult Entertainment Businesses” Adult Entertainment Business is an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in Chapter 707: Adult Entertainment Businesses, of the City of Fremont Codified Ordinances.
(2) “Adult Family Homes” A residence or facility, licensed by an agency of the State of Ohio, that provides accommodations from three (3) to five (5) unrelated adults and also provides supervision and personal care for at least three (3) persons.
(3) “Adult Group Homes” A residence or facility licensed by an agency of the State of Ohio, that accommodates from six (6) to sixteen (16) unrelated adults and also provides supervision and personal care for at least three (3) persons.
(4) "Agriculture" includes: animal husbandry or poultry husbandry and the production for a commercial purpose of field crops, fruits, vegetables, timber, nursery stock, ornamental shrubs, ornamental trees, flowers or sod, or any combination of such husbandry or production.
(5) "Assisted Living Center" A residential facility, which has individual housing units. The facility may offer limited housekeeping and medical services to the residents. Units may have small kitchen facilities in the individual units.
(6) "Automated Teller Machine" An automated device that performs banking or financial functions at a location remote from the controlling financial institution.
(7) "Automatic Car Wash" Any structure or part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner or a combination of both.
(8) "Bed and Breakfast Homestay" A privately owner-occupied residence with one (1) to three (3) guest rooms. The bed and breakfast homestay shall be subordinate and incidental to the main residential use of the building. The maximum stay allowable is fourteen (14) consecutive days.
(9) "Bed and Breakfast Inn" A bed and breakfast operated as a business in which the owner may live on the premises but is not required to do so. A bed and breakfast inn shall obtain a commercial license and shall contain four (4) or more guest rooms. The maximum stay allowable is fourteen (14) consecutive days.
(10) "Boarding House" A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual room.
(11) "Building Maintenance Services" An establishment providing maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.
(12) "Business Equipment Sales and Services" Sale, rental, or repair of office, professional, and service equipment and supplies to the firms themselves rather than to individuals. Excludes Construction Sales and Service and Vehicle Sales and Service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
(13) "Business support services" Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades schools that involve outdoor storage or manufacturing processes are classified as Limited Manufacturing and Production.
(14) "Campground" Any tract of land upon which two (2) or more portable camping units are placed, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such camp. A tract of land which is subdivided for lease or other contract of the individual lots is a campground if two (2) or more portable camping units are placed thereon for temporary habitation. "Campground" does not include any tract of land used solely for the storage or display for sale of portable camping units.
(15) "Carnivals" A traveling amusement show that temporarily locates in a defined area for a period of not more than fourteen (14) days. Carnivals shall meet all state and local licensing requirements. For purposes of this Zoning Ordinance, the terms circus and carnival are interchangeable.
(16) "Cemetery" Means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes.
(17) "Chemical waste disposal or petroleum waste disposal" The discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any chemical or petroleum wastes into or on any land or ground or surface water or into the air.
(18) "Clinic" A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
(19) "Commercial entertainment facilities" Any activity which is generally related to the entertainment field such as motion picture theaters, nightclubs, cocktail lounges, private clubs and other similar activities.
(20) "Commercial parking lot" Facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking use. Vehicles located on the property must have valid license plates associated with and displayed on each individual vehicle. All activities associated with vehicle sales or advertisements for vehicles sales are not permitted at the facility. A facility that provides parking or storage of vehicles without valid license plates is considered Vehicle Storage.
(21) "Communication service establishments" Means broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "utilities." Typical uses include recording studios, television and radio studios, telecommunication service centers, switching centers and cable transmitting stations, and telegraph service offices.
(22) "Condominium development" Means any condominium property consisting of two or more individual dwelling units contained in a single structure, together with undivided interests in the common area and facilities of the property.
(23) "Contractors, special trades" A use where the principal activity is the storage of equipment and materials related to building or landscaping contractors. Such use may also include office space for the business. Such uses are typically related to the construction industry and may include, but are not limited to, plumbing, heating, roofing, interior remodeling, excavating, and landscaping contractors.
(24) "Crematory" A facility designed for the cremation of human and/or animal remains. Includes a principal use having a crematory machine as an accessory use.
(25) "Day care center, child and adult; nursery school" A facility conducted for profit that provides day care for pre-school children or adults. Nursery school and day care centers are considered the same for purposes of this Zoning Ordinance.
(26) "Detached one family dwelling" A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one (1) family. Also termed a single-family dwelling.
(27) "Detention basins" An enclosure designed to detain storm water during designated flood interval storms. Detention basins are not designed to hold water permanently and are required to be designed by an engineer as part of an overall drainage plan for a residential subdivision, or commercial/industrial development.
(28) "Donation/Recycling Drop-Off Bins" A receptacle, container, box, storage unit, or other portable structure placed outdoors and intended and used for the collection of charitable or for-profit donated items by the general public of clothing, shoes, books, toys, household items or other non-perishable goods and materials.
(29) "Drive-through commercial use" A specific form of commercial use characterized by business transactions from a stopped, but not parked, vehicle within a structure or its extension.
(30) "Dumps" A lot or land or part thereof used primarily for the licensed disposal by abandonment, dumping, burial or burning or any other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste materials of any kind.
(31) "Dwelling unit(s) above business or office" Upper-story units configured as detached, attached, or multiunit dwellings, as long as they are located above a ground floor business or office.
(32) “Electric vehicle charging station” also called EV charging station, electric recharging point, charging point, charge point, electronic charging station (ECS), and electric vehicle supply equipment (EVSE), is an element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles.
(33) "Extraction operations and soil mining" Means the extraction of minerals including: solids, such as gravel and/or sand; liquids, such as crude petroleum; and gases, such as natural gases. The term includes the functions of quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine with or as part of the mining activity.
(34) "Financial, insurance and real estate services" An establishment that provides financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms. Includes payday loan and other alternative financial establishments.
(35) "Food processing" Means the preparation, storage, or processing of food products. Examples of this activity include bakeries, dairies, canneries and other similar businesses.
(36) "Funeral home " Means an establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, mortuaries or columbaria.
(37) "Garages, private parking area" Means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises, and where not more than two (2) spaces are rented for parking to persons not residents of the premises.
(38) "Garages, public" Means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles and in which no servicing of automobiles is permitted.
(39) "Golf club or country club" Includes clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
(40) "Government offices and safety service facilities" Services that provide administrative, clerical or public contact offices of a government agency or provide fire, life, and safety protection to a district or entity together with incidental storage and maintenance of vehicles. Typical uses include federal, state and local governmental offices, post offices, fire stations, police stations and ambulance services. fire stations, police stations and ambulance services.
(41) "Half-way house" Means residential homes licensed by an agency of the State of Ohio for adolescent or adult offenders who have been institutionalized and released or who have alcohol or drug addiction which make operation in society difficult and who require the protection of a group setting. A halfway house is not a boarding house.
(42) "Higher Educational and other Institutions" Means an institution of higher education or a semi-public institution owned or operated by a non-profit agency, private institution or foundation. Provides 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, such as music studios, diet centers, beauty schools/reducing salons, martial arts, yoga and workout studios.
(43) "Home occupation" Means any use customarily conducted entirely within a dwelling or accessory building and carried on only by members of a family residing on the premises thereof which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling exterior or accessory building.
(44) "Homeless shelter" Means a facility for the short-term housing for individuals who are homeless and who may require special services.
(45) "Hospice" Means an administrative office that provides coordinated holistic care and support for persons who are in the terminal phase of illness (6 months or less) and their families. For the purposes of this Zoning Ordinance a hospice is a home-care oriented service. The administrative office is primarily used for program coordination, training, overall administration and periodic meetings.
(46) "Hospital" means a building(s) designed and used for the treatment of human injury, illness and/or infirmity. To be classified as a hospital as determined by this Zoning Ordinance, the facility must either have around the clock twenty-four (24) hour care by physicians, house inpatients overnight for professional medical care, or have facilities that handle emergency treatment on a regular basis. A hospital includes for the provision for human health care and the normal ancillary uses associated therein.
(47) "Hotel" means a building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A "hotel" is open to the public in contradistinction to a boarding house.
(48) "Junk yards, scrap and salvage operations" Means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation; or any land used for wrecking and not restoration to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.
(49) "Laundry or dry cleaning plant" A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment.
(50) "Libraries or Cultural Centers" 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.
(51) "Living quarter of person employed on premises" An accessory independent sleeping area or dwelling unit added to, created within, or detached from and on the same lot as the principal use.
(52) "Manufacture of explosives, fireworks, gunpowder, and ammunition" A chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters and display fireworks.
(53) "Manufactured home park" Means a tract of land which is used or intended to be used for the parking of two (2) or more manufactured homes.
(54) “Manufactured home" Means a nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of occupancy for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundations and used or so constructed to permit it being used as a conveyance upon the public streets and highways; and exceeding gross weight of 4,500 pounds and an overall length of thirty (30) feet.
(55) "Manufacturing, intensive" Manufacture, fabrication, extraction, assembly and other handling of material that have nuisance conditions that are detectable from the boundaries of the subject property and/or have adverse effect on neighboring uses.
(56) "Manufacturing, light" Manufacturing involving light mechanical operations and assembling articles the operations of which are free from nuisance characteristics and have no adverse effect on neighboring uses.
(57) "Marina" Means an area having water access which is used for boat sales, service, docking, mooring and storage, and/or including boat rebuilding and repairing and other necessary marina-related accessory uses. This classification includes public docks, yacht clubs, boat clubs and boatels.
(58) "Medical marijuana dispensary" A business that sells medical marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(59) "Medical services" 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 include medical and dental laboratories incidental to the medical office use.
(60) "Microbrewery" An establishment with a primarily use as a bar or tavern where beer, or other alcoholic beverage is manufactured on the premises in a limited quantity subordinate to the primary table service restaurant use. A microbrewery may include some off-site distribution of its alcoholic beverages consistent with state law.
(61) "Motel" Means a building or group of buildings containing individual living and sleeping accommodations for hire, each with individual exterior entrances, primarily for the use of transient automobile travelers. The term "motel" also includes every type of similar establishment designated as a hotel, auto court, tourist court, tourist cabin, motor hotel, motor lodge, etc.
(62) "Multi-family dwelling" Means a dwelling consisting of four (4) or more dwelling units with varying arrangement of entrances and party walls, and designed for occupancy by families or unrelated individuals.
(63) "Museum or art gallery" A public or semi-public facility that displays, preserves, and exhibits objects of community, cultural, or scientific interest.
(64) "Nursing home" A home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and personal assistance. A nursing home shall be licensed to provide personal assistance and skilled nursing care.
(65) "Office, administrative and professional" Professional, executive, management, or administrative offices of private organizations. Typical uses include administrative offices, doctors, lawyers, accountants, architects, engineers, and similar professions. Does not include, insurance, real estate, or medical services.
(66) "Outdoor advertising sign, off-premise" An outdoor advertising device whose advertising copy promotes or advertises an activity, service, event, or product located on property other than property at which such activity or service occurs or which product is sold or manufactured, or an advertising device erected for the purpose of selling or exchanging advertising messages for pecuniary benefit.
(67) "Outdoor Bulk Storage" The outdoor storage of bulk goods, raw materials, or products. Bulk goods or products shall be defined as any products, goods, junk, material, merchandise, or vehicles associated with the principal land use.
(68) "Outdoor Furnaces" Means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor furnace may also be referred to as an "external wood burning appliance" an "outdoor wood boiler" or an "outdoor wood-fired hydronic heater."
(69) "Outdoor Sales" The placement of products or materials for sale or lease outside of a retail or wholesale sales establishment.
(70) "Parks and open space, passive " Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (although golf course club houses are considered an "active recreation" use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.
(71) "Parks and recreational facilities, active" Means recreational pursuits, usually performed with others and often requiring equipment, that require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, sport courts, baseball/soft ball and other field sports, and swimming pools along with facilities incidental to the operation of public recreational uses, such as refreshment stands and small concessionaire shops. May also include public and community recreation buildings, band shells and outdoor theaters.
(72) "Personal convenience sales and services" Establishments primarily engaged in retail sales and personal services involving local neighborhood-oriented businesses which meets the day-to-day needs of persons residing nearby. Such businesses may include a small grocery store, drugstore, barbershop, beauty shop, beauty salon, laundromat and similar uses.
(73) "Personal improvement services" Includes informational, instructional, and personal improvement services available in a storefront or retail setting. Typical uses include body tattoo and piercing shops health clubs, exercise or aerobic studios, yoga or dance studios, martial arts studios, music studios, driving schools, and other types of instructional studios.
(74) "Personal storage" Means a business use of buildings for rental or storage space. All storage shall be contained within buildings and no use of open land for storage is permitted.
(75) "Pharmacy" An establishment engaged in the retail sale of prescription drugs, nonprescription medicines and related supplies.
(76) "Physician's office" The use of offices and related spaces for such professional services as are provided by medical practitioners.
(77) "Ponds" Means a body of water, of which none of the excavated material has been removed from the site for commercial purposes and is used for the following purposes: to provide water for livestock, fish and wildlife, recreation, fire control or drainage retention. For purposes of this Zoning Ordinance any pond used for swimming shall be classified as a swimming pool and shall meet the requirements of Chapter 1127: Use Classification Tables, and Section 1131.15: Ponds, Water Gardens, Fish/Coy Ponds.
(78) "Public utility or public transportation use" Means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electric, gas, transportation, communication, public water and sewerage services.
(79) "Recreational vehicle (RV) parks" means any tract of land used for parking two or more self-contained recreational vehicles and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities and any tract of land that is subdivided for lease or other contract of the individual lots for the express or implied purpose of placing self-contained recreational vehicles for recreation, vacation, or business purposes. "Recreational vehicle park" does not include any tract of land used solely for the storage or display for sale of self-contained recreational vehicles, solely as a temporary park-camp, or solely as a manufactured home park.
(80) "Recycling collection facilities" A facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following: a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
(81) "Religious places of worship" Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.
(82) "Research laboratories" 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.
(83) "Restaurant" "Restaurant" means an establishment providing for the sale of prepared food products to the general public. Alcoholic beverages may be sold on the premises.
(84) "Restaurant, carry-out" means an establishment whose primary function is the offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off of the premises, but may be consumed within the restaurant building or on the premises.
(85) "Restaurant, drive-in" means an establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.
(86) "Restaurant, sit down" means an establishment whose primary function is the offering of food and beverages which are sold and normally consumed within the restaurant building. Entertainment may be provided on the premises.
(87) "Retail business" Means an establishment which not only sells merchandise but provides service for the repair or replacement of that or other merchandise purchased or previously owned by consumers.
(88) "Satellite dish" Means a structure erected for the purpose of receiving satellite television signals.
(89) "Schools, Public and Parochial" Public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.
(90) "Self-service laundry" An establishment providing washing, drying, machines on the premises for rental use to the general public.
(91) "Small cell facilities" See Section 1135.02: Definitions.
(92) "Solar energy systems (panels)” An energy system which converts solar energy to usable thermal mechanical chemical or electrical energy to meet all or a significant part of a buildings energy requirements
(93) "Specialized animal raising and care" Means the use of land and buildings for the raising and care of four (4) or more fur bearing animals such as rabbits and domestic pets; animal kennels, pigeon raising, and the raising of any other domestic animals of similar nature.
(94) "Sports and recreation, participant" Provision of sports or recreation primarily by and for participants. Spectators would be incidental and on a nonrecurring basis. Typical uses include bowling alleys, billiard parlors, dance halls, skating rinks, physical fitness centers. driving ranges, miniature golf courses, and swimming pools.
(95) "Sweepstake terminal café" See Section 749.03: Definitions of the City of Fremont Codified Ordinances.
(96) "Swimming pool" Means a pool, pond or open tank, not otherwise herein defined and regulated, either in-ground or above ground, not completely enclosed in a building and containing at least one and five-tenth (1.5) feet of water at any point.
(97) "Swimming pool, public" means any pool, pond or open tank, either in ground or above ground, not completely enclosed in a building that is operated as a business either in and of itself or as an accessory use to an on-site business.
(98) "Temporary uses and structures buildings" A structure or use permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A temporary structure is without a foundation or footing.
(99) "Three-family dwelling" Means a residential structure consisting of three (3) dwelling units which may be either attached side by side or one (1) above the other, and each unit having a separate or combined entrance or entrances; also known as a triplex.
(100) "Solid Waste Transfer Facility" shall have the meaning set forth in Ohio Revised Code Section 3734.01(U). Means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that were generated off the premises of the facility from vehicles or containers into other vehicles for transportation to a solid waste disposal facility.
(101) "Two-family dwelling" Means a residential structure consisting of two (2) dwelling units which may be either attached side by side or one (1) above the other, and each unit having a separate or combined entrance or entrances; also known as a duplex.
(102) "Type A family day care home" A permanent residence of the administrator in which child day-care is provided for four (4) to twelve (12) children at one time, if four (4) or more children are under two (2) years of age. In counting children for purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted. The term "Type A Family Day Care Home" does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
(103) "Type B family day care home" A permanent resident of the provider in which child day-care or child day-care services are provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) years of age that are related to the provider and are on the premises of the Type B Home shall be counted. The term "Type B Family Day-Care Home" does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
(104) "Utility building" Means a detached accessory building used for the purpose of storing equipment and materials and/or for housing parts of electrical, plumbing and heating services for the main building.
(105) "Vehicle repair" Means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(106) "Vehicle sales and service; new, used & rental" Facilities where new or vehicle, commercial trucks, mobile homes, and/ recreational vehicles, in operational condition, are sold, leased (short- or long-term), serviced, or stored.
(107) "Vehicle service station" Means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. Includes the retail electric charging of vehicles. Such station may include greasing and oiling on the premises and replacement or installation of minor parts and motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling or major mechanical repair.
(108) "Veterinarian office, animal hospital or kennels"
A. "Veterinary office or animal hospital" Services provided by licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, animal surgery, or testing services for licensed veterinary practitioners. Examples include animal hospitals, veterinary clinics, veterinarians' offices, and veterinary testing laboratories.
B. "Kennel" means any lot or premises on which four (4) or more domesticated animals of the same species, more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provision of minor medical treatment.
(109) "Wholesale, storage and distribution, heavy" Open-air storage, distribution, and handling of materials and equipment, or bulk storage of fuel. Typical uses include monument or stone yards, grain elevators and large-scale fuel storage.
(110) "Wholesale, storage and distribution, light" Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.
(111) "Wind Energy System, on site" See Section 1131.21(i): Definitions.
(112) "Wireless telecommunication facilities" Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including such as cellular telephone service. A wireless telecommunication facility can consist of one or more antennas and accessory equipment or one base station.
(a) Customary Meanings. Except where specifically defined herein all words used in this Zoning Ordinance shall carry their customary meanings.
(b) Word Usage.
(1) Words used in the present tense include the future. The plural includes the singular, and words in the singular number include the plural number.
(2) Words in the masculine gender include the feminine and neuter genders.
(3) The word "lot" includes the word "plot", and the word "building" includes the word "structure". The word "shall" is intended to be mandatory.
(4) "Occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied".
(c) Other Terms not Defined. Any other term not defined herein shall be as defined by the Ohio Revised Code, or if no such definition exists therein, such word shall be defined as commonly used in this City.
(d) Lists and Examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, not to be exhaustive lists of all possibilities.
(e) References to Other Regulations, Publications and Documents. Whenever a reference is made to a resolution, ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, ordinance, statute, regulation, or document or to the relevant successor document, unless otherwise expressly stated.
(f) Mandatory and Discretionary Terms. The word shall is always mandatory, and the words may or should are always permissive.
(g) Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:
(1) “And” indicates that all connected items, conditions, provisions, or events shall apply; and
(2) “Or” indicates that one or more of the connected items, conditions, provisions, or events shall apply.
(Ord. 2020-4053. Passed 1-7-21.)
1179.02 GENERAL DEFINITIONS.
(a) Definitions relating to regulations associated with electric vehicle charging stations, solar energy systems, wind energy systems, wireless telecommunications facilities, small cell facilities, landscaping, and historic preservation may be found in Sections: 1131.06(a), 1131.17(i); 1131.21(i); 1133.02; 1135.02; 1147.19; and 1169.06, respectively.
(b) For the purposes of this Zoning Ordinance, certain words and terms are defined as follows:
(1) “Accessory building” means a subordinate building which is customarily incidental to and located on the same lot as the main or principal building, such as a detached garage or utility building located in a residential district.
(2) “Accessory use” means a use customarily incidental and subordinate to the principal use of a building and located on the same lot with such principal use or building.
(3) “Administrative appeal” means an appeal to the Board of Zoning Appeals alleging that the City Zoning Inspector or an authorized representative has errored in administration or enforcement of this Zoning Ordinance. An appeal may be filed by any person or any official of the City of Fremont aggrieved by the decision of the Zoning Inspector or the authorized representative in order to determine if the decision was in conformance with this Zoning Ordinance.
(4) "Agricultural livestock" means animals raised for use or profit such as, but not limited to, the following animals commonly associated with local agriculture: horses, cattle, sheep, goats, chickens and hogs.
(5) "Alteration", as applied to a building or structure, means any change or rearrangement in the structural parts or existing facilities of such building or structure, or any enlargement thereof, whether by extension on any side, or by an increase in height, or the moving of such building or structure from one location or position to another.
(6) "Apartment" means a building comprised of individual dwelling units.
(7) "Basement" means that portion of a building the floor of which is not less than two (2) feet below grade and the ceiling of which is not less than four (4) feet and six (6) inches above grade.
(8) “Block” means a plot of land which is bounded on all its sides by public streets or places.
(9) "Board of Zoning Appeals" means the Board of Zoning Appeals of the City of Fremont, Ohio.
(10) "Building" means a combination of materials to form a construction that is safe and stable, adapted to permanent or continuous occupancy by public, residence, business, assembly or storage purposes. The term "building" shall be construed as if followed by the words "or part thereof".
(11) "Building, attached" means a building that is structurally connected to the principal building, including connections by a roofed, enclosed passageway.
(12) "Building area" means the portion of a lot that can be used for the erection of buildings excluding easements and setbacks.
(13) “Building line” means a line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from the said right-of-way
(14) "Building, principal" means a building, including an attached garage, in which is conducted the main or principal use of the lot on which such building is situated.
(15) "Bulk" means the size, volume, area and shape of buildings and structures and the physical relationship of their exterior walls or their location to lot lines, other buildings and structures or other walls of the same building, and all open spaces required in connection with a building, other structure or tract of land.
(16) "Business" means an occupation, enterprise, undertaking or employment which engages in the purchase, sale, barter or exchange of goods, wares, merchandise, or services, or where there is the maintenance or operation of an office or offices for the exhibition, sale or offering of merchandise or service.
(17) "Car port" means a partially enclosed structure, usually attached to the primary building and designed to house motor vehicles. A permit is required to totally enclose this structure even if a permit was obtained for the car port
(18) "Cellar" means that portion of a building the ceiling of which is entirely below or less than four (4) feet and six (6) inches above grade.
(19) "Comprehensive Plan" means a plan, or any portion thereof, adopted by the Planning Commission and Council showing the general locations and extent of present and proposed residential development and housing, commercial and industrial development, thoroughfares and community facilities. This plan establishes the goals, objectives and policies of the community and includes the official land use plan, the official thoroughfare plan, the community facilities plan, and the open space plan for the City of Fremont.
(20) "Conditional use" means a use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met.
(21) "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within the district. See Chapter 1163: Conditional Permitted Uses, for approval procedure.
(22) “Condominium Property” means land, all buildings, improvements, and structures on the land, all easements, rights, and appurtenances belonging to the land, and all articles of personal property submitted to the provisions of Chapter 5311 of the Ohio Revised Code.
(23) "Council" means the City Council of the City of Fremont, Ohio.
(24) "Court" means an open unoccupied space, enclosed or partially enclosed by three (3) or more intersecting walls of a building or buildings.
(25) "Coverage" means that percentage of the lot area covered by the building area.
(26) "Curb level" means the officially established grade of the front curb on the mid-point of the lot.
(27) "Density" means a unit of measurement, which is the number of dwelling units per acre of land.
(28) "Density, gross" means the number of dwelling units per acre of total land to be developed.
(29) "Density, net" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential use. Street right of way and other publicly or community-dedicated lands shall be excluded from such calculation.
(30) "District" or "zoning district" means a section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards, the requirement for off-street parking and the intensity of use are uniform. Boundaries of the district are shown on the Zoning Map which is part of this Zoning Ordinance.
(31) "Drainageway" means a watercourse, gully, dry stream or ditch which carries storm water runoff, which is subject to flooding or ponding, which is fed by street or building gutters or by stormwater sewers, or which serves the purpose of draining water from the lands adjacent to such watercourse, gully, dry stream, creek or ditch.
(32) "Dwelling" means any building or portion thereof designed or used as the residence of one (1) or more persons, but not including a tent, cabin, travel trailer, tree house or a room in a hotel or motel.
(33) "Dwelling unit" means a prescribed area within a building, comprising living, dining and sleeping rooms and storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by one (1) family and its household employees.
(34) "Dwelling, single-family" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one (1) family.
(35) "Easement" means authorization by a property owner for the use by another and for a specified purpose, of any designated part of his property.
(36) "Family" means one (1) or more persons related by blood, marriage or adoption who live together in one (1) dwelling unit and maintain a common household, or not more than three (3) persons not related by blood, marriage or adoption.
(37) "Fence" means an enclosure, barrier or screen whose purpose is to physically and/or visually contain certain uses and activities which are carried out on a particular zoning lot.
(38) “Floor area” means the sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial activities related to the principal but use but not including storage, it shall be counted as floor area in computing off-street parking requirements.
(39) "Floor area ratio of a building" means the quotient of the floor area of a building divided by its lot area.
(40) "Flood Hazard Boundary Map" means a map prepared by the Federal Emergency Management Agency identifying areas subject to the 100-year flood and used for obtaining flood insurance in the preliminary or emergency phase of the program.
(41) "Private garage" means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises, and where not more than two (2) spaces are rented for parking to persons not residents of the premises.
(42) "Grade" When a curb level has been established, means curb level. When a curb level has not been established or when the natural surface is at a different level than the curb level and remains unchanged, "grade" means with respect to a building, the average ground elevation adjoining the building.
(43) "Story height" means the vertical distance from top to top of two (2) successive tiers of floor beams.
(44) "Industrial use" means any use involving manufacturing, processing, testing and similar uses and which may generate some objectionable characteristics, such as noise, smoke, dust or pollution.
(45) "Junkyard" means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation; or any land used for wrecking and not restoration to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.
(46) "Off-street loading space" means space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking area. All off-street loading spaces shall be located totally outside of any street or alley right of way.
(47) "Lot" means a portion or parcel of land considered as a unit, devoted to a certain use or occupied by a building or a group of buildings that are united by a common interest or use, and the customary accessories and open space belonging to the same. The street corporation boundary line of the City shall be deemed the lot line of any parcel of ground abutting thereon.
(48) "Lot, corner" means a lot at the intersection of two (2) or more streets and which has an interior angle of less than 135 degrees at the intersection of two (2) street lines. A lot abutting upon a curved street shall be considered a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135 degrees.
(49) "Lot depth" means the distance from a street line of the lot to its opposite rear line, measured in the general direction of the side lines of the lot.
(50) "Lot frontage" means the distance along the front lot line.
(51) "Lot, interior" means a lot other than a corner lot.
(52) "Lot lines" mean any line dividing one (1) lot from another.
(53) "Lot, rear lot" means the lot line opposite and most distant from the front.
(54) “Lot, side lot" means any lot line other than front or rear lot lines. A side lot line separating a lot from a street means a "side street lot line". A side lot line separating a lot from another lot or lots means an "interior side lot line".
(55) "Lot of record" means a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which is recorded.
(56) "Lot, reverse frontage" means a lot on which frontage is at right angles to the general pattern in the area, and which may also be a corner lot.
(57) "Lot, through" means a lot other than a corner lot with frontage on more than one (1) street. A "through lot" abutting two (2) streets may be referred to as a double frontage lot.
(58) "Lot width" means the width of the lot measured at the building setback line.
(59) "Nonconforming use" means the use of land or building, or portion thereof, which does not conform to the use regulations of the district in which it is located.
(60) "Nonconforming structure" means a structure, or portion thereof, which does not conform to the yard, density, height, bulk, parking or other regulations.
(61) "Off-street parking area" means a surfaced area including driveways designated for the parking of motor vehicles, but not including sidewalks, driving lanes and driveway aprons.
(62) "Parking space" means a paved area within a garage, main building or accessory building, a covered paved area such as a carport, or a dust-free surfaced area having the prescribed area, exclusive of ramps and driveways, which is permanently reserved for the parking or storage of one (1) motor vehicle and connected with a street or alley by a dust-free surfaced driveway which affords satisfactory ingress and egress for motor vehicles.
(63) "Permanent foundation" means a structural system for transposing loads from a structure to the earth at a depth below the established frost line without exceeding the safe bearing capacity of the supporting soil. For purposes of this Zoning Ordinance, a "permanent foundation" requires walls at the exterior line of the trailer constructed on footers set below frost line and steel beams across these walls to weld or bolt the trailer frame to.
(64) "Planning Commission" means the Planning Commission of the City of Fremont, Ohio.
(65) "Premises" means a lot together with all the buildings and uses thereon.
(66) "Private club" means an association organized and operated not for profit for persons who are bona fide members paying annual dues, which hires or leases premises, the use of which is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by members at their annual meeting. Food, meals and beverages may be served on the premises, provided adequate dining room space and kitchen facilities
are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization and such sale or service is in compliance with all applicable federal, state, county and local laws.
(67) "Private street" means a street not dedicated to the City.
(68) "Public hearing" means a hearing held after legal notice has been published in a newspaper of general circulation.
(69) "Recreation vehicle" includes the following:
A. "Boats and boat trailers" means boats, floats and rafts, plus the normal equipment to transport the same on the street or highway.
B. "Fold-tent trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation use.
C. "Motorized home" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
D. "Pick-up camper" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational and vacation use.
E. "Travel trailer" means a vehicle or other portable structure forty (40) feet or less in length that is designed or used as a temporary dwelling and also to move on the street or highway.
(70) "Retention basin" means a body of water whether permanent or for the purposes of holding water for longer than designated flood interval storms. For purposes of these regulations a retention basin shall meet all the requirements for a pond.
(71) "Screening" means a neat, orderly and healthy screen of evergreen plant material not less than three (3) feet in height with an expected normal growth of at least five (5) feet in height, protected by a galvanized wire link fence at least five (5) feet in height. A wooden or masonry fence or other landscaping may be substituted for the screen and wire link fence when appropriate.
(72) "Setback line" means the line to which a building is required to set back from the street right-of-way line.
(73) "Sign" means a structure or any part thereof, or any device attached to or painted directly or indirectly on a building or structure or a parcel of land, and which displays or includes any letter, model, banner, pennant, insignia, device or other presentation to direct attention to a person, institution, organization, activity, place, object, product or business. The word "sign" includes the word billboard, but does not include flag, pennant or insignia of any nation, state, city or other political unit.
(74) “Sign, abandoned” A sign which no longer identifies or advertises a bona fide business, lessor service, owner, product or activity, and/or for which no legal owner can be found.
(75) “Sign, Air-Activated Graphic” A sign, all or any part which is designed to be moved by action or forced air so as to make the sign appear to be animated or otherwise have motion.
(76) “Sign area” means the entire area within a single continuous perimeter enclosing the extreme limits of the actual sign. “Sign area” includes decorative trim and any structural elements outside the limits of such sign surface and which forms an integral part of the display.
(77) “Sign, awning” means a sign painted on, printed on, or attached flat against the surface of an awning.
(78) “Sign, balloon” A temporary sign composed of cloth, canvas, plastic fabric, or similar lightweight non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method or that may be supported by stakes in the ground.
(79) “Sign, bandit” Temporary, portable yard signs used for commercial and non-commercial messages for on-premise and off-premise activities and advertising.
(80) “Sign, billboard” An off-premise permanent sign that is either illuminated or non-illuminated that directs attention to goods, merchandise, entertainment or services offered at a location other than the premises on which the sign is located.
(81) “Sign, blade” (A.K.A. Feather, Teardrop and Flag) A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
(82) “Sign, business” means a sign which directs attention to a business or profession conducted on the premises.
(83) “Sign, business center” A grouping of two or more business establishments on one or more parcels of property which may share parking and access and are linked architecturally or otherwise developed as a unified grouping of businesses. A business center shall be considered one use for the purposes of determination of the maximum number of free-standing signs.
(84) “Sign, changeable copy” A sign designed so that the characters, letters, or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. May also be known as readerboards. See also Signs, Electronic Message Center.
(85) “Sign, Commercial Message” Any sign wording, logo or other representation that directly or indirectly names, advertises or calls attention to a business, product, service or other commercial activity.
(86) “Sign, Electronic Message Center (EMC)” A sign designed so that the characters, letters or illustrations can be changed or rearranged automatically on a lamp bank or through mechanical means (e.g. electronic or digital signs using LED lighting)
(87) “Sign, flashing” means an illuminated sign on which artificial light is not maintained stationary and constant in intensity and color at all times when in use.
(88) “Sign, freestanding” A sign which is not attached to a principal or an accessory structure, including center pole signs, posts and panels, or monument signs, but excluding off-premises signs.
(89) “Sign, human” (A.K.A. Mascot, Spinner and Person) A person attired or decorated with commercial insignia, images, costumes, masks, or other symbols that display commercial messages with the purpose of drawing attention to or advertising for an on-premise activity. Such person may or may not be
(90) “Sign, illuminated” means a sign designed to give forth any artificial light, or designed to reflect such light deriving from any source which is intended to cause such light or reflection.
(91) “Sign, monument” A permanent freestanding sign other than a pole sign, not attached to a building that is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal type structure.
(92) “Sign, mural” A large scale temporary or permanent sign/work of art/graphic illustration or advertising display that covers all or a major portion of a blank or unfinished wall, building or structure.
(93) “Sign, nameplate” A sign indicating the name and address of a building; or the name of an occupant thereof; and the practice if a permitted occupation therein.
(94) “Sign, non-commercial” Any sign, wording logo or other representation that is not defined as a commercial message. Such signs may include, but not be limited to those directing the location of restrooms, those imposing restrictions on smoking, or those expressing political and/or religious philosophies.
(95) “Sign, off-premise” means a sign which directs attention to the name of a business or establishment, or goods or commodities sold or manufactured and/or services rendered on premises other than where the sign is located. Also, may include signs expressing opinions, displaying political information or public service messages.
(96) “Sign, permanent” A sign located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
(97) “Sign, portable” Any sign designed to be moved easily and not permanently affixed to the ground or to a structure or building, including but not limited to “A-frame, T-frame, or inverted T-shaped” structures, including those signs mounted on wheeled trailers, hot air and gas filled balloons, sandwich boards, banners, pennants, streamers, festoons, ribbons, tinsel, pinwheels, non-governmental flags and searchlights.
(98) “Sign, projecting” means a sign, other than a flat wall sign, which is attached to and projects from a building wall or other structure, and is not parallel to the structure to which it is attached. Projecting signs include signs that are totally in the right-of-way, partially in the right-of-way, or fully on private property.
(99) “Sign, projecting image” A sign which involves an image projected on the face of a wall, structure, sidewalk, or other surface from a distant electronic device, such that the image does not originate from the plane of the wall, structure, sidewalk, or other surface.
(100) “Sign, roof” A sign mounted on the roof of a building or structure, lying either flat against the roof or upright at an angle to the roof pitch. This also includes any advertising on pitched roof formed by using different color shingles or other roof coverings and/or signs painted on the roofing shingles or other roofing material.
(101) “Sign, Snipe” A temporary sign, usually made of paper or cardboard, illegally tacked, nailed, stapled, posted, pasted, glued, tied, or otherwise attached to trees, poles, stakes, fencing, mail boxes or other objects.
(102) “Sign, temporary” Any sign not intended or designed for permanent display or permanent attachment to the ground or a structure and intended for a limited period of display. For the purposes of this Zoning Ordinance, temporary signs are defined as those signs related to a temporary event or condition, and may include, but not be limited to construction signs, garage/estate sales/auctions, political signs, holiday and special events, and real estate signs (including the leasing or sale of rental units, commercial/industrial space or buildings and residential dwellings).
(103) “Sign, vehicle” Any sign permanently or temporarily attached to or placed on a vehicle or trailer in any manner so that the sign is used primarily as a stationary identification or advertisement sign.
(104) “Sign, wall” A sign which faces an adjacent parking area and/or public street and is attached directly to a building wall, or rigid or non-rigid fabric marquee or awning-type structure attached to a building, and generally parallel to the building wall, including signs painted on any building wall, or extending from the wall in the case of a canopy, awning or marquee-type structure.
(105) “Sign, window” A sign located on the inside or outside of a window which is intended to be viewed from the outside.
(106) "Story" means that portion of a building included between the upper surface of any floor and upper surface of the next floor above, or if there is no floor above, the portion between such floor and the ceiling above and also any portion of a building used for human occupancy between the topmost floor and the roof. A basement shall not be counted as a story unless more than one-half (½) of the basement is above grade level at the front of the building.
(107) "Street" means a roadway dedicated or devoted to public use by legal mapping, use or other lawful manner, and includes highway, avenue, road, alley, land, boulevard, terrace, concourse, driveway and sidewalk.
(108) "Structure" means a combination of materials forming a construction that is safe and stable and includes, among other things, stadiums, gospel and circus tents, reviewing stands, platforms, staging, observation towers, radio and television towers, water tanks and towers, trestles, piers, wharves, sheds, storage bins, walls, fences, display signs and solar panels. The word “structure” shall be construed as if followed by the words “or part thereof”.
(109) "Structural restoration" means the reconstruction of exterior walls, roof, foundation, etc., done for general maintenance or safety reasons. No zoning certificate is required if the exact same exterior dimensions and location are maintained.
(110) "Variance" means a variation from a strict interpretation of the terms of this Zoning Ordinance which is owing to peculiar conditions or circumstances which apply only to the property in question and no other. As used in the Zoning Ordinance, a variation is authorized only for height, area, yard, or setback requirements.
(111) "Warehouse" means any building or structure which use is limited to the storage of equipment or material.
(112) “Water Garden/Fish/Coy Pond” means a decorative water enclosure not intended for swimming purposes.
(113) "Wholesale establishment" means an establishment that engages in the sale of goods, merchandise, and commodities for resale by the purchaser.
(114) "Yard" means an open, unoccupied space on the same lot with a building, situated between a lot line and the parts of the main building, exclusive of cornices and uncovered porches, setting back from and nearest to such line.
(115) "Yard, front" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street or place line and principal building, or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies, or unenclosed and uncovered porches.
(116) "Yard, rear" means a yard extending across the rear of a lot between the side lot lines and being the required minimum horizontal distance between the rear lot line and the rear of the principal building and/or accessory building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches.
(117) "Yard, side" means a yard between the principal building and/or accessory buildings and the side line of the lot and extending from the required front yard to the required rear yard, being the minimum horizontal distance between a side lot line and the side of the principal building and/or accessory building.
(118) "Zoning certificate" means the document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Ordinance and for the purpose of carrying out and enforcing its provisions.
(Ord. 2020-4053. Passed 1-7-21.)
1179.03 USE CATEGORIES.
(a) This Section classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain other site factors. The use categories provide a systematic basis for assignment of uses to zoning districts.
(b) For the purposes of this Zoning Ordinance, use categories are classified as follows:
(1) “Adult Entertainment Businesses” Adult Entertainment Business is an adult book store, adult cabaret, adult motion picture theater, adult drive-in motion picture theater, or an adult only entertainment establishment as further defined in Chapter 707: Adult Entertainment Businesses, of the City of Fremont Codified Ordinances.
(2) “Adult Family Homes” A residence or facility, licensed by an agency of the State of Ohio, that provides accommodations from three (3) to five (5) unrelated adults and also provides supervision and personal care for at least three (3) persons.
(3) “Adult Group Homes” A residence or facility licensed by an agency of the State of Ohio, that accommodates from six (6) to sixteen (16) unrelated adults and also provides supervision and personal care for at least three (3) persons.
(4) "Agriculture" includes: animal husbandry or poultry husbandry and the production for a commercial purpose of field crops, fruits, vegetables, timber, nursery stock, ornamental shrubs, ornamental trees, flowers or sod, or any combination of such husbandry or production.
(5) "Assisted Living Center" A residential facility, which has individual housing units. The facility may offer limited housekeeping and medical services to the residents. Units may have small kitchen facilities in the individual units.
(6) "Automated Teller Machine" An automated device that performs banking or financial functions at a location remote from the controlling financial institution.
(7) "Automatic Car Wash" Any structure or part thereof used for the washing of cars either by manual or assembly line techniques, utilizing employees or the car owner or a combination of both.
(8) "Bed and Breakfast Homestay" A privately owner-occupied residence with one (1) to three (3) guest rooms. The bed and breakfast homestay shall be subordinate and incidental to the main residential use of the building. The maximum stay allowable is fourteen (14) consecutive days.
(9) "Bed and Breakfast Inn" A bed and breakfast operated as a business in which the owner may live on the premises but is not required to do so. A bed and breakfast inn shall obtain a commercial license and shall contain four (4) or more guest rooms. The maximum stay allowable is fourteen (14) consecutive days.
(10) "Boarding House" A dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual room.
(11) "Building Maintenance Services" An establishment providing maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.
(12) "Business Equipment Sales and Services" Sale, rental, or repair of office, professional, and service equipment and supplies to the firms themselves rather than to individuals. Excludes Construction Sales and Service and Vehicle Sales and Service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.
(13) "Business support services" Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades schools that involve outdoor storage or manufacturing processes are classified as Limited Manufacturing and Production.
(14) "Campground" Any tract of land upon which two (2) or more portable camping units are placed, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of such camp. A tract of land which is subdivided for lease or other contract of the individual lots is a campground if two (2) or more portable camping units are placed thereon for temporary habitation. "Campground" does not include any tract of land used solely for the storage or display for sale of portable camping units.
(15) "Carnivals" A traveling amusement show that temporarily locates in a defined area for a period of not more than fourteen (14) days. Carnivals shall meet all state and local licensing requirements. For purposes of this Zoning Ordinance, the terms circus and carnival are interchangeable.
(16) "Cemetery" Means land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes.
(17) "Chemical waste disposal or petroleum waste disposal" The discharge, deposit, injection, dumping, spilling, leaking, emitting, or placing of any chemical or petroleum wastes into or on any land or ground or surface water or into the air.
(18) "Clinic" A building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.
(19) "Commercial entertainment facilities" Any activity which is generally related to the entertainment field such as motion picture theaters, nightclubs, cocktail lounges, private clubs and other similar activities.
(20) "Commercial parking lot" Facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking use. Vehicles located on the property must have valid license plates associated with and displayed on each individual vehicle. All activities associated with vehicle sales or advertisements for vehicles sales are not permitted at the facility. A facility that provides parking or storage of vehicles without valid license plates is considered Vehicle Storage.
(21) "Communication service establishments" Means broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as "utilities." Typical uses include recording studios, television and radio studios, telecommunication service centers, switching centers and cable transmitting stations, and telegraph service offices.
(22) "Condominium development" Means any condominium property consisting of two or more individual dwelling units contained in a single structure, together with undivided interests in the common area and facilities of the property.
(23) "Contractors, special trades" A use where the principal activity is the storage of equipment and materials related to building or landscaping contractors. Such use may also include office space for the business. Such uses are typically related to the construction industry and may include, but are not limited to, plumbing, heating, roofing, interior remodeling, excavating, and landscaping contractors.
(24) "Crematory" A facility designed for the cremation of human and/or animal remains. Includes a principal use having a crematory machine as an accessory use.
(25) "Day care center, child and adult; nursery school" A facility conducted for profit that provides day care for pre-school children or adults. Nursery school and day care centers are considered the same for purposes of this Zoning Ordinance.
(26) "Detached one family dwelling" A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space and designed for occupancy exclusively by one (1) family. Also termed a single-family dwelling.
(27) "Detention basins" An enclosure designed to detain storm water during designated flood interval storms. Detention basins are not designed to hold water permanently and are required to be designed by an engineer as part of an overall drainage plan for a residential subdivision, or commercial/industrial development.
(28) "Donation/Recycling Drop-Off Bins" A receptacle, container, box, storage unit, or other portable structure placed outdoors and intended and used for the collection of charitable or for-profit donated items by the general public of clothing, shoes, books, toys, household items or other non-perishable goods and materials.
(29) "Drive-through commercial use" A specific form of commercial use characterized by business transactions from a stopped, but not parked, vehicle within a structure or its extension.
(30) "Dumps" A lot or land or part thereof used primarily for the licensed disposal by abandonment, dumping, burial or burning or any other means and for whatever purposes, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste materials of any kind.
(31) "Dwelling unit(s) above business or office" Upper-story units configured as detached, attached, or multiunit dwellings, as long as they are located above a ground floor business or office.
(32) “Electric vehicle charging station” also called EV charging station, electric recharging point, charging point, charge point, electronic charging station (ECS), and electric vehicle supply equipment (EVSE), is an element in an infrastructure that supplies electric energy for the recharging of plug-in electric vehicles.
(33) "Extraction operations and soil mining" Means the extraction of minerals including: solids, such as gravel and/or sand; liquids, such as crude petroleum; and gases, such as natural gases. The term includes the functions of quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine with or as part of the mining activity.
(34) "Financial, insurance and real estate services" An establishment that provides financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms. Includes payday loan and other alternative financial establishments.
(35) "Food processing" Means the preparation, storage, or processing of food products. Examples of this activity include bakeries, dairies, canneries and other similar businesses.
(36) "Funeral home " Means an establishment primarily engaged in the provision of services involving the care, preparation or disposition of human dead. Typical uses include funeral parlors, mortuaries or columbaria.
(37) "Garages, private parking area" Means a detached, fully enclosed building or portion of a principal building for the parking or temporary storage of vehicles, travel trailers and/or boats of the occupants of the premises, and where not more than two (2) spaces are rented for parking to persons not residents of the premises.
(38) "Garages, public" Means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles and in which no servicing of automobiles is permitted.
(39) "Golf club or country club" Includes clubhouses with bar and restaurant, locker and shower facilities; driving ranges; "pro shops" for on-site sales of golfing equipment; and golf cart storage and sales facilities.
(40) "Government offices and safety service facilities" Services that provide administrative, clerical or public contact offices of a government agency or provide fire, life, and safety protection to a district or entity together with incidental storage and maintenance of vehicles. Typical uses include federal, state and local governmental offices, post offices, fire stations, police stations and ambulance services. fire stations, police stations and ambulance services.
(41) "Half-way house" Means residential homes licensed by an agency of the State of Ohio for adolescent or adult offenders who have been institutionalized and released or who have alcohol or drug addiction which make operation in society difficult and who require the protection of a group setting. A halfway house is not a boarding house.
(42) "Higher Educational and other Institutions" Means an institution of higher education or a semi-public institution owned or operated by a non-profit agency, private institution or foundation. Provides 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, such as music studios, diet centers, beauty schools/reducing salons, martial arts, yoga and workout studios.
(43) "Home occupation" Means any use customarily conducted entirely within a dwelling or accessory building and carried on only by members of a family residing on the premises thereof which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change the character of the dwelling exterior or accessory building.
(44) "Homeless shelter" Means a facility for the short-term housing for individuals who are homeless and who may require special services.
(45) "Hospice" Means an administrative office that provides coordinated holistic care and support for persons who are in the terminal phase of illness (6 months or less) and their families. For the purposes of this Zoning Ordinance a hospice is a home-care oriented service. The administrative office is primarily used for program coordination, training, overall administration and periodic meetings.
(46) "Hospital" means a building(s) designed and used for the treatment of human injury, illness and/or infirmity. To be classified as a hospital as determined by this Zoning Ordinance, the facility must either have around the clock twenty-four (24) hour care by physicians, house inpatients overnight for professional medical care, or have facilities that handle emergency treatment on a regular basis. A hospital includes for the provision for human health care and the normal ancillary uses associated therein.
(47) "Hotel" means a building in which lodging or boarding are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. A "hotel" is open to the public in contradistinction to a boarding house.
(48) "Junk yards, scrap and salvage operations" Means any place where two (2) or more motor vehicles not in running condition, or parts thereof, are stored in the open, in a fenced area or in a partially enclosed building, and are not being restored to operation; or any land used for wrecking and not restoration to operating condition and including an open area where waste, scrap metal, used building materials, paper, rags or similar materials are brought, sold, exchanged, stored, baled, packed, disassembled or handled, but excluding such uses taking place entirely within a completely enclosed building.
(49) "Laundry or dry cleaning plant" A service establishment engaged primarily in high volume laundry and garment services, including: carpet and upholstery cleaners; diaper services; dry cleaning and garment pressing; commercial laundries; linen supply. These facilities may include accessory customer pick-up facilities. These facilities do not include coin-operated laundries or dry cleaning pickup stores without dry cleaning equipment.
(50) "Libraries or Cultural Centers" 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.
(51) "Living quarter of person employed on premises" An accessory independent sleeping area or dwelling unit added to, created within, or detached from and on the same lot as the principal use.
(52) "Manufacture of explosives, fireworks, gunpowder, and ammunition" A chemical compound, mixture or device, the primary or common purpose of which is to function by explosion. The term includes, but is not limited to, dynamite, black powder, pellet powder, initiating explosives, detonators, safety fuses, squibs, detonating cord, igniter cord, igniters and display fireworks.
(53) "Manufactured home park" Means a tract of land which is used or intended to be used for the parking of two (2) or more manufactured homes.
(54) “Manufactured home" Means a nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of occupancy for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other temporary foundations and used or so constructed to permit it being used as a conveyance upon the public streets and highways; and exceeding gross weight of 4,500 pounds and an overall length of thirty (30) feet.
(55) "Manufacturing, intensive" Manufacture, fabrication, extraction, assembly and other handling of material that have nuisance conditions that are detectable from the boundaries of the subject property and/or have adverse effect on neighboring uses.
(56) "Manufacturing, light" Manufacturing involving light mechanical operations and assembling articles the operations of which are free from nuisance characteristics and have no adverse effect on neighboring uses.
(57) "Marina" Means an area having water access which is used for boat sales, service, docking, mooring and storage, and/or including boat rebuilding and repairing and other necessary marina-related accessory uses. This classification includes public docks, yacht clubs, boat clubs and boatels.
(58) "Medical marijuana dispensary" A business that sells medical marijuana as authorized by Chapter 3796 of the Ohio Revised Code.
(59) "Medical services" 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 include medical and dental laboratories incidental to the medical office use.
(60) "Microbrewery" An establishment with a primarily use as a bar or tavern where beer, or other alcoholic beverage is manufactured on the premises in a limited quantity subordinate to the primary table service restaurant use. A microbrewery may include some off-site distribution of its alcoholic beverages consistent with state law.
(61) "Motel" Means a building or group of buildings containing individual living and sleeping accommodations for hire, each with individual exterior entrances, primarily for the use of transient automobile travelers. The term "motel" also includes every type of similar establishment designated as a hotel, auto court, tourist court, tourist cabin, motor hotel, motor lodge, etc.
(62) "Multi-family dwelling" Means a dwelling consisting of four (4) or more dwelling units with varying arrangement of entrances and party walls, and designed for occupancy by families or unrelated individuals.
(63) "Museum or art gallery" A public or semi-public facility that displays, preserves, and exhibits objects of community, cultural, or scientific interest.
(64) "Nursing home" A home used for the reception and care of individuals who by reason of illness or physical or mental impairment require skilled nursing care and personal assistance. A nursing home shall be licensed to provide personal assistance and skilled nursing care.
(65) "Office, administrative and professional" Professional, executive, management, or administrative offices of private organizations. Typical uses include administrative offices, doctors, lawyers, accountants, architects, engineers, and similar professions. Does not include, insurance, real estate, or medical services.
(66) "Outdoor advertising sign, off-premise" An outdoor advertising device whose advertising copy promotes or advertises an activity, service, event, or product located on property other than property at which such activity or service occurs or which product is sold or manufactured, or an advertising device erected for the purpose of selling or exchanging advertising messages for pecuniary benefit.
(67) "Outdoor Bulk Storage" The outdoor storage of bulk goods, raw materials, or products. Bulk goods or products shall be defined as any products, goods, junk, material, merchandise, or vehicles associated with the principal land use.
(68) "Outdoor Furnaces" Means any equipment, device, appliance or apparatus, or any part thereof, which is installed, affixed or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source. An outdoor furnace may also be referred to as an "external wood burning appliance" an "outdoor wood boiler" or an "outdoor wood-fired hydronic heater."
(69) "Outdoor Sales" The placement of products or materials for sale or lease outside of a retail or wholesale sales establishment.
(70) "Parks and open space, passive " Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (although golf course club houses are considered an "active recreation" use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.
(71) "Parks and recreational facilities, active" Means recreational pursuits, usually performed with others and often requiring equipment, that require physical alteration to the area in which they are performed. Such areas are intensively used and include, but are not limited to, playgrounds, sport courts, baseball/soft ball and other field sports, and swimming pools along with facilities incidental to the operation of public recreational uses, such as refreshment stands and small concessionaire shops. May also include public and community recreation buildings, band shells and outdoor theaters.
(72) "Personal convenience sales and services" Establishments primarily engaged in retail sales and personal services involving local neighborhood-oriented businesses which meets the day-to-day needs of persons residing nearby. Such businesses may include a small grocery store, drugstore, barbershop, beauty shop, beauty salon, laundromat and similar uses.
(73) "Personal improvement services" Includes informational, instructional, and personal improvement services available in a storefront or retail setting. Typical uses include body tattoo and piercing shops health clubs, exercise or aerobic studios, yoga or dance studios, martial arts studios, music studios, driving schools, and other types of instructional studios.
(74) "Personal storage" Means a business use of buildings for rental or storage space. All storage shall be contained within buildings and no use of open land for storage is permitted.
(75) "Pharmacy" An establishment engaged in the retail sale of prescription drugs, nonprescription medicines and related supplies.
(76) "Physician's office" The use of offices and related spaces for such professional services as are provided by medical practitioners.
(77) "Ponds" Means a body of water, of which none of the excavated material has been removed from the site for commercial purposes and is used for the following purposes: to provide water for livestock, fish and wildlife, recreation, fire control or drainage retention. For purposes of this Zoning Ordinance any pond used for swimming shall be classified as a swimming pool and shall meet the requirements of Chapter 1127: Use Classification Tables, and Section 1131.15: Ponds, Water Gardens, Fish/Coy Ponds.
(78) "Public utility or public transportation use" Means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electric, gas, transportation, communication, public water and sewerage services.
(79) "Recreational vehicle (RV) parks" means any tract of land used for parking two or more self-contained recreational vehicles and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities and any tract of land that is subdivided for lease or other contract of the individual lots for the express or implied purpose of placing self-contained recreational vehicles for recreation, vacation, or business purposes. "Recreational vehicle park" does not include any tract of land used solely for the storage or display for sale of self-contained recreational vehicles, solely as a temporary park-camp, or solely as a manufactured home park.
(80) "Recycling collection facilities" A facility for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following: a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing.
(81) "Religious places of worship" Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.
(82) "Research laboratories" 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.
(83) "Restaurant" "Restaurant" means an establishment providing for the sale of prepared food products to the general public. Alcoholic beverages may be sold on the premises.
(84) "Restaurant, carry-out" means an establishment whose primary function is the offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off of the premises, but may be consumed within the restaurant building or on the premises.
(85) "Restaurant, drive-in" means an establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.
(86) "Restaurant, sit down" means an establishment whose primary function is the offering of food and beverages which are sold and normally consumed within the restaurant building. Entertainment may be provided on the premises.
(87) "Retail business" Means an establishment which not only sells merchandise but provides service for the repair or replacement of that or other merchandise purchased or previously owned by consumers.
(88) "Satellite dish" Means a structure erected for the purpose of receiving satellite television signals.
(89) "Schools, Public and Parochial" Public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education.
(90) "Self-service laundry" An establishment providing washing, drying, machines on the premises for rental use to the general public.
(91) "Small cell facilities" See Section 1135.02: Definitions.
(92) "Solar energy systems (panels)” An energy system which converts solar energy to usable thermal mechanical chemical or electrical energy to meet all or a significant part of a buildings energy requirements
(93) "Specialized animal raising and care" Means the use of land and buildings for the raising and care of four (4) or more fur bearing animals such as rabbits and domestic pets; animal kennels, pigeon raising, and the raising of any other domestic animals of similar nature.
(94) "Sports and recreation, participant" Provision of sports or recreation primarily by and for participants. Spectators would be incidental and on a nonrecurring basis. Typical uses include bowling alleys, billiard parlors, dance halls, skating rinks, physical fitness centers. driving ranges, miniature golf courses, and swimming pools.
(95) "Sweepstake terminal café" See Section 749.03: Definitions of the City of Fremont Codified Ordinances.
(96) "Swimming pool" Means a pool, pond or open tank, not otherwise herein defined and regulated, either in-ground or above ground, not completely enclosed in a building and containing at least one and five-tenth (1.5) feet of water at any point.
(97) "Swimming pool, public" means any pool, pond or open tank, either in ground or above ground, not completely enclosed in a building that is operated as a business either in and of itself or as an accessory use to an on-site business.
(98) "Temporary uses and structures buildings" A structure or use permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A temporary structure is without a foundation or footing.
(99) "Three-family dwelling" Means a residential structure consisting of three (3) dwelling units which may be either attached side by side or one (1) above the other, and each unit having a separate or combined entrance or entrances; also known as a triplex.
(100) "Solid Waste Transfer Facility" shall have the meaning set forth in Ohio Revised Code Section 3734.01(U). Means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of transferring solid wastes that were generated off the premises of the facility from vehicles or containers into other vehicles for transportation to a solid waste disposal facility.
(101) "Two-family dwelling" Means a residential structure consisting of two (2) dwelling units which may be either attached side by side or one (1) above the other, and each unit having a separate or combined entrance or entrances; also known as a duplex.
(102) "Type A family day care home" A permanent residence of the administrator in which child day-care is provided for four (4) to twelve (12) children at one time, if four (4) or more children are under two (2) years of age. In counting children for purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted. The term "Type A Family Day Care Home" does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
(103) "Type B family day care home" A permanent resident of the provider in which child day-care or child day-care services are provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at any one time. In counting children for the purposes of this definition, any children under six (6) years of age that are related to the provider and are on the premises of the Type B Home shall be counted. The term "Type B Family Day-Care Home" does not include a residence in which the needs of children are administered to, if all such children are siblings or the same immediate family and the residence is their home.
(104) "Utility building" Means a detached accessory building used for the purpose of storing equipment and materials and/or for housing parts of electrical, plumbing and heating services for the main building.
(105) "Vehicle repair" Means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(106) "Vehicle sales and service; new, used & rental" Facilities where new or vehicle, commercial trucks, mobile homes, and/ recreational vehicles, in operational condition, are sold, leased (short- or long-term), serviced, or stored.
(107) "Vehicle service station" Means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles. Includes the retail electric charging of vehicles. Such station may include greasing and oiling on the premises and replacement or installation of minor parts and motor replacement, body and fender repair, spray painting, upholstery work, auto glasswork, welding, tire recapping, auto dismantling or major mechanical repair.
(108) "Veterinarian office, animal hospital or kennels"
A. "Veterinary office or animal hospital" Services provided by licensed veterinary practitioners primarily engaged in the practice of veterinary medicine, dentistry, animal surgery, or testing services for licensed veterinary practitioners. Examples include animal hospitals, veterinary clinics, veterinarians' offices, and veterinary testing laboratories.
B. "Kennel" means any lot or premises on which four (4) or more domesticated animals of the same species, more than four (4) months of age are housed, groomed, bred, boarded, trained or sold, and which may offer provision of minor medical treatment.
(109) "Wholesale, storage and distribution, heavy" Open-air storage, distribution, and handling of materials and equipment, or bulk storage of fuel. Typical uses include monument or stone yards, grain elevators and large-scale fuel storage.
(110) "Wholesale, storage and distribution, light" Wholesaling, storage, and warehousing services within enclosed structures. Typical uses include wholesale distributors, storage warehouses and moving and storage firms.
(111) "Wind Energy System, on site" See Section 1131.21(i): Definitions.
(112) "Wireless telecommunication facilities" Any unmanned facility established for the purpose of providing wireless transmission of voice, data, images or other information including such as cellular telephone service. A wireless telecommunication facility can consist of one or more antennas and accessory equipment or one base station.