The following definitions shall be used in the interpretation of this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

Accessory building means a subordinate building located on the same lot occupied by the main building, the use of which is incidental to that of the main building or to the use of the land. A trailer shall not be considered an accessory building. The material used for the exterior cladding shall be of a permanent type such as masonry, aluminum, wood, or rigid vinyl. Cloth type material such as canvas, vinyl cloth, or other nonrigid material may not be used as exterior cladding.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2373, § 1, 6-10-19)

Accessory use or structure means a building or use which is subordinate to the principal use to that of the main building or use on the same lot. The material used for the exterior cladding shall be of a permanent type such as masonry, aluminum, wood, or rigid vinyl. Cloth type material such as canvas, vinyl cloth, or other nonrigid material may not be used as exterior cladding.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2373, § 2, 6-10-19)

Adult bookstore,adult novelty store or adult video store means a commercial establishment which has as a significant or substantial (i.e., 50 percent or more) portion of its stock in trade or derives a significant or substantial (i.e., 50 percent or more) portion of revenues or devotes a significant or substantial portion (i.e., 50 percent or more) of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(b)

Instruments, devices or paraphernalia which is designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store, or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities".

(Case 429, 6-20-79; Ord. 2000-O-1159, Passed 1-10-00)

Editor's note— Former Section 1123.04, which pertained to adult entertainment retailer, was repealed by Ordinance 2000-O-1159, passed January 10, 2000.

Editor's note— Former Section 1123.05, which pertained to adult mini motion picture theater was repealed by Ordinance 2000-O-1159, passed January 10, 2000.

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas", as defined in Sections 1123.99 and 1123.100, for observation by patrons therein are regularly shown for any form of consideration.

(Case 429, 6-20-79; Ord. 2000-O-1159, Passed 1-10-00)

Advertising structure means any sign, billboard, surface, object or structure used for advertising purposes.

(Ord. 81-O-08, Passed 8-3-81)

Agricultural District means any zoning district set forth in Title 5 of Part 11, Planning and Zoning Code, of the Codified Ordinances of the City of Huber Heights that contains the word "agricultural" in its title.

(Case 413; Ord. 2002-O-1334, Passed 3-25-02)

Agriculture means the use of land for farming, dairying, pasturage, apiculture, horticulture, viticulture and animal and poultry husbandry.

(Ord. 81-O-08, Passed 8-3-81)

Alley means a public thoroughfare having a right-of-way less than 20 feet and serving the rear of properties.

(Ord. 81-O-08, Passed 8-3-81)

Apartment means a room, or suite of two or more rooms, which is designed or intended for occupancy by, or is occupied by, one family doing its own cooking therein, or by one person doing his or her own cooking therein.

(Ord. 81-O-08, Passed 8-3-81)

Editor's note— Former Section 1123.11, which pertained to apartment house, was repealed by Ordinance 2011-O-1910, passed September 12, 2011.

Automobile sales or storage yards or lots means an open premises used for storage or sale of functioning automobiles.

(Ord. 81-O-08, Passed 8-3-81)

Auto wrecking yard means any lot or parcel of ground where two or more vehicles, not in running condition, are stored in the open; or any building or structure used principally for wrecking/dismantling of obsolete or wrecked vehicles, or their parts.

(Ord. 81-O-08, Passed 8-3-81)

Banquet facility means a building or portion thereof for rent by the public which has a principal intended use of holding meetings, receptions, parties, banquets, dinners, lunches, breakfasts, and other gatherings of people, whether food is prepared and sold on site for profit or not.

(Case 419; Ord. 2002-O-1347, Passed 6-10-02)

Basement means a room or set of rooms located below the first floor joists and having one-half or more of its height below the average level of the adjoining ground.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Any place of lodging that provides four or fewer rooms for rent on a temporary basis, is the owner's personal residence, is occupied by the owner at the time of rental, and where meals may be served to guests.

The following standards shall apply to the operation of any bed and breakfast establishment defined above:

(1)

Bed and breakfast establishments shall only be permitted within a single-family, detached dwelling or accessory structure, unless otherwise approved by the BZA.

(2)

The owner of the premises shall reside full-time in the dwelling while operating guest lodging.

(3)

No more than four bedrooms in any dwelling may be used for bed and breakfast lodging and at least one bathroom shall be dedicated to guest use.

(4)

One off street parking space shall be provided for each bedroom used for guest lodging in addition to those normally required for the single-family dwelling.

(5)

There shall be no change in the outside appearance of the building or premises or other visible evidence of the conduct of the bed and breakfast establishment that will indicate from the exterior that the building is being utilized in part for any purpose other than a dwelling unit.

(6)

Meals provided for cost in a bed and breakfast establishment shall only be served to the guests who are lodging at the bed and breakfast establishment.

(7)

Guests shall be permitted to reside at the facility for not longer than three continuous weeks.

(Ord. No. 2023-O-2568, § 1, 2-13-23)

Beginning of construction means the incorporation of labor and material on the site, tract or lot where a building or structure is proposed to be constructed; the incorporation of labor and material within the walls of a building where repairs or remodeling are proposed to be made; the incorporation of labor and materials at the site, lot or parcel where land is to be used for purposes other than construction of building.

(Ord. 81-O-08, Passed 8-3-81)

Billboard means any freestanding sign containing 100 or more square feet.

(Ord. 81-O-08, Passed 8-3-81)

Bingo means an establishment whose principal use is the playing of bingo as licensed and defined by the State of Ohio.

(Case 468, 9-24-81; Ord. 81-O-08, Passed 8-3-81)

Board means the City of Huber Heights Board of Zoning Appeals.

(Ord. 81-O-08, Passed 8-3-81)

Buffer area means a strip of land, or area, established to protect one type of land use from another with which it is compatible.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Building means a structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or chattels.

(Ord. 81-O-08, Passed 8-3-81)

Building, height of means the vertical distance measured from the grade of the average level of the highest and lowest point of the portion of the site covered by the building to the ceiling of the uppermost story.

(Ord. 81-O-08, Passed 8-3-81)

Building line means a line beyond which the foundation wall of a building shall not project nor beyond which shall a building or part thereof be erected, altered or maintained.

(Ord. 81-O-08, Passed 8-3-81)

Building setback line means the distance between the building line and the right-of-way line of existing street upon which the lot fronts, provided, however, that if the location of right-of-way line, as established by the Thoroughfare Plan, differs from that of the existing street, then the setback distance shall be measured from the right-of-way line as designated by such Thoroughfare Plan.

(Case 276, 10-2-79; Ord. 81-O-08, Passed 8-3-81)

Bulletin board means a structure containing a surface upon which is displayed the name of a religious institution, school or library, auditorium, stadium, athletic field or area of similar use for announcement of services or activities to be held therein.

(Case 389, 7-29-77; Ord. 81-O-08, Passed 8-3-81)

Carport means a roofed shelter for an automobile or similar motor vehicle which is permanently open on at least two sides and is no taller than 14 feet. The shelter must be located in the side or rear yard and must cover an impervious parking surface. This shelter shall be attached to the dwelling or accessory structure and shall not project beyond the front building line of the dwelling. The material used for the exterior cladding shall be of a permanent type such as masonry, aluminum, wood, or rigid vinyl. Cloth type material such as canvas, vinyl cloth, or other nonrigid material may not be used as exterior cladding.

(Ord. 2016-O-2217, Passed 5-9-16; Ord. No. 2019-O-2373, § 3, 6-10-19)

Carnival means an amusement show, usually consisting of a company of performers, animals or other amusements, and usually traveling from place to place, and used for commercial purposes.

(Ord. 81-O-08, Passed 8-3-81)

Church or church grounds means buildings used for public worship, and the ground attached to them necessary for the proper occupancy, use and enjoyment by a fellowship of believers, congregation, society, corporation, convention or association that is formed primarily or exclusively for religious purposes and that is not formed for the private profit of any person.

(Case 413; Ord. 2002-O-1334, Passed 3-25-02)

Circus: see carnival, Section 1123.26.

(Ord. 81-O-08, Passed 8-3-81)

Commission means the Huber Heights Planning Commission.

(Ord. 81-O-08, Passed 8-3-81)

Community center means a building or portion thereof owned by the City, or any other governmental, or quasi-governmental entity, available for use by the public for meeting, gathering, educational or recreational purposes.

(Case 419; Ord. 2002-O-1347, Passed 6-10-02)

Court means an open unoccupied space, other than a yard, on the same lot with a building or group of buildings.

(Ord. 81-O-08, Passed 8-3-81)

Day care means private facilities in which children are cared for all or part of a day or night away from their own homes or dwelling place. These facilities include day care centers (more than ten children), day care groups (six to ten children) and day care family homes (five or less children). This term may also include facilities that are commonly called adult day care centers that provide, among other things, supervision, assistance, protection, medical or personal care for adults for a time period of less than 24 hours per day.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 1, 12-9-19)

Day spa means a personal service commercial establishment, which offers patrons multiple services such as personal hygiene, grooming, relaxation therapy, hydrotherapy, and massage therapy, and which may offer incidental light nourishment or refreshment for patrons.

(Ord. 2005-O-1543, Passed 2-14-05)

Deck means an open-sided, above ground level improvement of the surface of a lot without roof which covers the vegetation and the ground with concrete, wood, stone, gravel or any other nonliving building material. In other words, a deck is a raised patio.

(Case 51, 2-28-85; Ord. 85-O-166, Passed 1-28-85)

Directional sign means a sign directing vehicular or pedestrian movement onto and off the premises or within a premises not to exceed two feet in height.

(Case 389, 7-29-77; Ord. 81-O-08, Passed 8-3-81)

District means a portion of the incorporated territory of the City of Huber Heights which uniform regulations and requirements of various combinations thereof, apply under the provisions of this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

Dwelling means any building or portion thereof occupied or intended to be occupied exclusively for residential purposes, but not including a tent, cabin, trailer or trailer coach or other temporary or transient structure or facility.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Dwelling, single-family means a building occupied or constructed to be occupied exclusively for residential purposes by one family or housekeeping unit.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Dwelling, two-family means a building occupied or constructed to be occupied exclusively by not more than two families or housekeeping units.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Dwelling, multiple means a building or portion thereof occupied or constructed to be occupied by more than two families or housekeeping units.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Dwelling, group means a group of two or more detached dwellings located on a parcel of land in one ownership and having any yard or court in common.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Dwelling units means one room, or a suite of two or more rooms, designed for or used by one family or housekeeping unit for living and sleeping purposes and which includes permanently installed cooking and lawfully required sanitary facilities.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Enclosed patio means an enclosed area immediately adjacent and connected to a structure which is not constructed nor intended as liveable area. Such structures may be enclosed by screens or windows which shall compose at least 50 percent of any outside wall.

(Case 389; Ord. 2001-O-1240, Passed 2-12-01)

Entertainment establishment means a business or area within a business whose principal use is for the entertainment amusement of its patrons. This entertainment may be by electronic or mechanical equipment, a person or group of persons and may be either participating or nonparticipating. This includes but is not limited to game rooms or amusement arcades, and bowling establishments, and those bars, taverns, restaurants and theaters which have a stage or area for live entertainment. Sexually oriented businesses as defined in Section 1123.951 are specifically excluded from this definition.

(Case 31, 3-28-83; Ord. 2000-O-1159, Passed 1-10-00)

Family means a number of individuals living together on the premises as single nonprofit housekeeping unit, including domestic servants.

(Ord. 81-O-08, Passed 8-3-81)

Festival means a civic, fund-raising or promotional activity sponsored by a not-for-profit or nonprofit organization including a church, school, civic, service organization or merchant association.

(Case 389; Ord. 2001-O-1240, Passed 2-12-01)

Filling station means a business establishment which sells and/or dispenses petroleum products and other motor fuels with no automobile repair.

(Case 410, 6-1-78; Ord. 81-O-08, Passed 8-3-81)

Freestanding sign means a sign permanently suspended or supported by one or more uprights or braces in or upon the ground.

(Ord. 81-O-08, Passed 8-3-81)

Game room or amusement arcade means an entertainment establishment having three or more mechanically or electrically operated amusement devices, or having fewer than three such devices which provide the main or primary source of income for the proprietor thereof.

(Case 31, 3-28-83; Ord. 83-O-113, Passed 3-28-83)

Garage means a building used for the parking and storage of vehicles.

(Ord. 2011-O-1910, Passed 9-12-11)

Garage, private means a structure which is accessory to a residential building and used for the parking and storage of vehicles. It shall not be a separate commercial enterprise available to the general public.

(Ord. 2011-O-1910, Passed 9-12-11)

Garage, public means a garage other than a private garage where motor-driven vehicles are stored, equipped for operation, repaired or kept for renumeration, hire or sale.

(Ord. 81-O-08, Passed 8-3-81)

Editor's note— Former Section 1123.50, which pertained to Group D Cabaret, was repealed by Ordinance 2000-O-1159, passed January 10, 2000.

Hard surface driveway means a driveway in an R-3, R-4, R-4B, R-5, R-6, R-7 and PR (Planned Residential) Districts which shall consist of cement binder pavement or asphalt paving.

(Ord. 2016-O-2214, Passed 4-11-16)

Hard surface road, lane means a hard surface road or lane in an R-1, R-2 and R-3 District which shall consist of cement binder pavement, asphalt paving or compacted stone being a minimum of six inches of number two aggregate topped with two inches of B-19 or 304 gravel.

(Case 460, 3-11-81; Ord. 81-O-08, Passed 8-3-81)

Home occupation means an occupation conducted in a dwelling unit or accessory building. Home occupations are subject to the standards in Section 1181.26.

(Case 185, 7-15-91, Effective 8-14-91; Ord. 91-O-490, Passed 7-15-91; Ord. No. 2023-O-2571, § 1, 2-27-23)

Hotel means a building containing ten or more sleeping rooms, where transient guests are lodged with or without meals, with no provisions for cooking in any individual room or suite.

(Ord. 81-O-08, Passed 8-3-81)

House parents means those individuals who reside in a residential care facility and are legally responsible for providing supervision and services for the clientele residing there.

(Ord. 82-O-80, Passed 8-16-82)

Huber Heights business means any person or entity which has lawfully occupied space for a period of at least 90 days within a permanent building located within the City of Huber Heights for the purpose of conducting a commercial activity for profit.

(Case 43, 8-8-84; Ord. 84-O-146, Passed 7-9-84)

Huber Heights public organization means a not-for-profit fraternal, charitable or religious organization having its hall or permanent meeting place located within the City of Huber Heights.

(Case 43, 8-8-84; Ord. 84-O-146, Passed 7-9-84)

Impervious surface means all surfaces that do not absorb water, including by way of example but not limited to, sidewalks, parking areas, driveways, roads, lanes and any areas paved in concrete, asphalt or solid pavers.

(Case 161, 12-8-90, Effective 1-7-91; Ord. 81-O-08, Passed 8-3-81)

Industrialized unit means an assembly of materials or product comprising all or part of a total structure, when constructed, is self-sufficient and conforming to Article 4101:2-1-55 of the Ohio Basic Building Code and, when installed, constitutes a dwelling unit except for necessary preparations for its placement and including modular or units, but not a mobile home. Such unit when completely constructed and installed in conformance with Article 4101:2-1-55 of the Ohio Basic Building Code shall be considered a structure under this Zoning Ordinance.

(Case 73, 1-23-86; Ord. 85-O-191, Passed 12-23-85)

Junk means scrap iron, scrap tin, scrap brass, scrap copper, scrap lead or scrap zinc and all other scrap metals and their alloys and bones, rags, used clothes, used rubber, used rope, used tin foil, used bottles, old or used machinery, used tools, used appliances, used fixtures, used utensils, used lumber, used boxes or crates, used pipe or pipe fittings, tires and other manufactured goods that are so worn, deteriorated or obsolete as to make them unusable and unrepairable in their existing condition, but are subject to being dismantled, and other vehicles or other conveyances that are wrecked, dismantled or in worn out condition, or unfit for operation as a motor vehicle, and unusable and unrepairable in their existing condition.

(Case 419, 11-15-78; Case 153, 7-17-89, Effective 8-17-89; Ord. 81-O-08, Passed 8-3-81)

Junk yard means any land or area used for storage of junk as described in Section 1123.60 for an indefinite period of time.

(Case 419, 11-15-78; Case 153, 7-17-89, Effective 8-17-89; Ord. 89-O-367, Passed 7-18-89)

Kindergartens means private facilities in which children are given pre-school type training. (See Chapter 1135A)

(Ord. 81-O-08, Passed 8-3-81)

Landscaping means grassy area used in combination with trees, shrubs and flowers, with grass not to exceed 75 percent of the area developed.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Liveable area means that portion of a building occupied or constructed as a dwelling unit. Accessory buildings including storage sheds, garages, patios, enclosed patios and similar structures are not deemed to be liveable area. Structures that are altered or otherwise converted to be occupied as dwelling units or as extensions thereto, shall be deemed liveable area and shall conform to all yard and setback requirements set forth in the Zoning Ordinance and applicable construction standards.

(Case 51, 2-28-85; Ord. 85-O-166, Passed 1-28-85)

Lot means a tract, site or parcel of land occupied or to be occupied, by a building, together with such open spaces as may be required under this Zoning Ordinance, having its frontage on a public street, and having not less than the minimum area and frontage required by this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

Lot, corner means a lot fronting on and at the intersections of two or more streets.

(Ord. 81-O-08, Passed 8-3-81)

Lot, depth means the mean distance between front and rear lot lines.

(Ord. 81-O-08, Passed 8-3-81)

Lot, double frontage means a lot having frontage on two nonintersection streets.

(Ord. 81-O-08, Passed 8-3-81)

Lot, front means that boundary of the lot which abuts on a street; In the case of a corner lot, the narrowest boundary fronting on a street. In case the corner lot has equal fronting on a street, the lot shall be considered to front on the principal street, or on that street on which the greatest number of buildings have been erected within the same block. In the case of cul-de-sac lots, the lot front means the distance between the side lot lines measured by a line drawn parallel with the front lot line at the point of the required minimum setback from the front lot line.

(Case 276, 10-2-69; Ord. 81-O-08, Passed 8-3-81)

Lot, interior means a lot other than a corner lot.

(Ord. 81-O-08, Passed 8-3-81)

Lot line, front means the line separating the lot from a street.

(Ord. 81-O-08, Passed 8-3-81)

Lot line, rear means the boundary opposite the most distant from the front lot line. The rear lot line of any irregular or triangular lot shall be a line not less than 20 feet lying wholly within the lot and parallel to and most distant from the lot line.

(Ord. 81-O-08, Passed 8-3-81)

Lot line, side means any lot line other than a front or rear lot line.

(Ord. 81-O-08, Passed 8-3-81)

Lot of record means the tract, site or parcel designated as a separate lot on a legally recorded subdivision plat or in a legally recorded deed, prior to the effective date of this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

Massage means any method of pressure on or friction against or stroking, kneading, rubbing, taping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance, with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice for a purpose other than the treatment of disorders of the human body.

(Case 40, 11-30-83; Ord. 83-O-131, Passed 10-31-83)

Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatments or manipulation of the human body which occurs as a part of or in connection with "specified anatomical areas", is offered. The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor, or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.

(Case 40, 11-30-83; Ord. 2000-O-1159, Passed 1-10-00)

Mechanically or electrically operated amusement device means any machine, device or instrument which may be operated or set in motion upon the insertion of a coin, token, slug or payment of a fee for use as a game, contest of skill or amusement. This definition shall not include jukeboxes, coin-operated telephones or merchandise vending machines.

(Ord. 83-O-113, Passed 3-28-83)

Mobile home or coach means a structure manufactured on a chassis to be towed or transported on wheels, designed as a single family dwelling comprised of one or more units and intended for year-round occupancy when placed on a mobile home stand and connected to utilities. Such mobile homes shall contain no less than 1,680 square feet of gross floor area, shall be equipped with a water flushed toilet, lavatory and bathtub or shower and shall be no higher than 22 feet at the highest point from the mounting pad.

(Ord. 81-O-08, Passed 8-3-81)

Motel means a series of attached, semi-attached or detached dwellings containing bedroom, bathroom and closet space, where each unit has convenient access to a parking space for the use of the unit's occupants. The units, with the exception of the apartment of the manager or caretaker, are devoted to the use of transients. No cooking facilities are offered. The definition shall include tourist courts, auto courts and motor lodges.

(Ord. 81-O-08, Passed 8-3-81)

Moving service/lease company means a company which provides moving services for hire to the public or which leases trucks, trailers, semis, commercial tractors, semitrailers and other equipment used by the public to move goods.

(Case 335; Ord. 98-O-1072, Passed 9-28-98)

Nonconforming structure means a structure or portion of a structure which lawfully existed at the effective date of adoption or amendment of this Zoning Ordinance that could not be built under the terms of this Zoning Ordinance, as amended, by reason of restrictions on area, lot coverage, height, yards, its location on the lot, bulk or other requirements concerning the structure.

(Ord. 92-O-574, Passed 11-2-92)

Nonconforming lot or land means a lot, portion of a lot, or land which lawfully existed of record as a buildable lot or land at the effective date of adoption or amendment of this Zoning Ordinance that could not be built upon under the terms of this Zoning Ordinance, as amended, by reason of restrictions on area, yards or other requirements concerning the lot or land.

(Ord. 92-O-574, Passed 11-2-92)

Nonconforming sign means a sign which lawfully existed at the effective date of adoption or amendment of this Zoning Ordinance that could not be erected and/or used under the terms of this Zoning Ordinance, as amended, by reason of not conforming to the regulations on signs applying in the district in which it is located.

(Ord. 92-O-574, Passed 11-2-92)

Nonconforming use means a use which lawfully existed at the effective date of adoption or amendment of this Zoning Ordinance that could not be conducted under the terms of this Zoning Ordinance, as amended, by reason of not conforming to the uses lawfully permitted in the district in which it is located.

(Ord. 92-O-574, Passed 11-2-92)

Nursery schools means private facilities in which pre-school age children are adequately cared for and/or provided training.

(Ord. 81-O-08, Passed 8-3-81)

Parking, garage means a building or structure wholly devoted to the parking of motor vehicles, and where a charge is made of storage or parking of vehicles.

(Ord. 81-O-08, Passed 8-3-81)

Parking lot means a parcel of land devoted to unenclosed parking spaces which may include partially enclosed one story buildings, and where a charge is made of storage or parking vehicles.

(Ord. 81-O-08, Passed 8-3-81)

Parking space means a permanent surfaced area within or outside of a building, sufficient in size to store one standard model automobile, and with an area of not less than 180 square feet exclusive of driveways or access drives.

(Ord. 81-O-08, Passed 8-3-81)

Patio means an open-sided, ground level improvement of the surface of a lot without roof which covers the vegetation and ground with concrete, wood, stone, gravel or any other nonliving building material.

(Case 51, 2-28-85; Ord. 85-O-166, Passed 1-28-85)

Patio cover/porch means a projection out from the building to cover an area used for outdoor living or entry way. No vehicle, car or similar vehicle may be stored or parked under this projection.

(Case 403, 2-23-78; Ord. 81-O-08, Passed 8-3-81)

Paved surface means a hard, smooth surface made principally of asphaltic concrete, Portland concrete or brick over a concrete base that shall bear the load of wheeled vehicles.

(Case 161, 12-8-90, Effective 1-7-91; Ord. 81-O-08, Passed 8-3-81)

Public park or recreation area means public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation or management of any governmental entity.

(Case 413; Ord. 2002-O-1334, Passed 3-25-02)

Recreational vehicle means a motorized, self-contained portable dwelling designed and constructed as an integral part of a self-propelled vehicle with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreation and vacation uses.

(Ord. 81-O-08, Passed 8-3-81)

Residential care and social service facilities means facilities for individuals who are unable to live in their own home or with their family and who are not in need of institutional care of treatment.

(a)

Family care home means a residential care and social service facility for individuals 18 years of age and older, which provides room, board, personal care and supervision by house parents for eight or fewer resident mentally retarded, developmentally disabled, physically handicapped or convalescing mentally ill, any of whom have not been previously convicted of a felony involving violence. This type residential care and social service facility is licensed by and/or has accountability to a government agency for the clientele served and does not include nursing homes, hospitals or rest homes.

(b)

Group care home means a family care home which provides services to at least eight but no more than 12 individuals at one time.

(c)

Foster home for adults means residential care and social services facilities for eight or fewer persons 60 years of age or older.

(d)

Foster home for children means residential care and social service facilities for mentally retarded or mentally ill children or adolescents requiring protective supervision in a home setting and for children who for various reasons cannot reside with their natural family. These facilities shall provide service for four or fewer residents who are less than 18 years of age.

(e)

Halfway house means residential care and social service facilities for adolescents who have been institutionalized and released or who have had alcohol or drug problems which make functioning in society difficult and who require the protection of a group setting. These facilities shall provide service for four or fewer residents who are less than 18 years of age.

(f)

Intermediate care home means residential care and social service facilities for children or adolescents who have been so judged delinquent and have been assigned by a court to a residential care or social service facility in lieu of placement in a correctional institution. These facilities shall provide service for four or fewer residents who are less than 18 years of age.

(g)

Social care home means residential care and social service facilities for children or adolescents who lack social maturity and who have emotional problems but who have not been judged delinquent. Residency may be permanent or transient. These facilities shall provide service for four or fewer residents who are less than 18 years of age.

(Case 39, 7-20-83; Ord. 83-O-123, Passed 6-23-83)

Residential district or use means any zoning district set forth in Title 5 of Part 11, Planning and Zoning Code, of the Codified Ordinances of the City of Huber Heights that contains the words "residence" or "residential" in its title.

(Case 413; Ord. 2002-O-1334, Passed 3-25-02)

Reverse vending machines means an unattended self-contained device used to collect recyclable materials such as, but not limited to, aluminum, steel, glass and plastic for remuneration.

(Case 89, 9-8-86; Ord. 86-O-216, Passed 9-8-86)

Roadside stand means a temporary structure not anchored to a foundation, designed for the display and sale of farm projects produced on the lot upon which the stand is located.

(Ord. 81-O-08, Passed 8-3-81)

School means any public or private educational facility licensed by the State of Ohio including but not limited to day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior and four-year colleges, and universities. "School" includes the school grounds, but does not include the facilities used primarily for another purpose and only incidentally as a school.

(Case 413; Ord. 2002-O-1334, Passed 3-25-02; Ord. No. 2019-O-2410, § 3, 12-9-19)

Screening means a fence, hedge, living wall or earth mound, not less than six feet in height which hides from view whatever is to be screened, but does not hinder or impede the safety of vehicles entering or exiting the property.

(Case 452, 5-28-80; Ord. 81-O-08, Passed 8-3-81)

Mini-warehouse and mini-storage warehouse mean a self-service storage facilities as defined in Ohio Revised Code Section 5322.01.

(Ord. No. 2023-O-2569, § 1, 2-13-23)

Self-storage facilities whereby the storage units are located within a building and the individual storage units are accessed from within said building.

(Ord. No. 2024-O-2636, § 1, 6-10-24)

Semi means a "Semitractor" as defined below, (but excluding an "Agricultural Tractor"), and may also include a "Semitrailer" as defined below, when such semitrailer is attached to the semitractor. A semitractor alone or with an attached semitrailer is considered a semi. A semitrailer not attached to a semitractor is not a semi.

(Case 335; Ord. 98-O-1072, Passed 9-28-98)

Semitractor means a "Commercial Tractor" as defined in Chapter 301.

(Case 335; Ord. 98-O-1072, Passed 9-28-98)

Semitrailer means a "Semitrailer" as defined in Chapter 301.

(Case 335; Ord. 98-O-1072, Passed 9-28-98)

Service clubs means an association organized and operated, not for profit, for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to 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 the members at their annual meeting. Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guest, provided such service is secondary and incidental to the promotion of some other common objective of the organization and further provided that such sale or service of alcoholic beverages is in compliance with all applicable Federal, State, County and local laws.

(Case 469, 9-24-81; Ord. 81-O-08, Passed 8-3-81)

Service station means a business establishment dispensing and selling fuels and products as in a filling station operation with the addition of automobile repair and care, that is washing and polishing.

(Case 410, 6-1-78; Ord. 81-O-08, Passed 8-3-81)

Sexually oriented businesses are those businesses defined as follows:

(a)

Adult arcade means an establishment where, for any form of consideration, one or more still or motion picture projectors, slide projectors, or similar machines, or other image producing machines, for viewing by five or fewer persons each, are regularly used to show films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas".

(b)

Adult bookstore, adult novelty store or adult video store means a commercial establishment which has as a significant or substantial (i.e., 50 percent or more) portion of its stock-in trade or derives a significant or substantial (i.e., 50 percent or more) portion of its revenues or substantial (i.e., 50 percent or more) portion of its interior business or advertising to the sale or rental for any form of consideration, of any one or more of the following:

(1)

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

(2)

Instruments, devices, or paraphernalia which is designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.

An establishment may have other principal business purposes that do not involve the offering for sale, rental, or viewing of materials depicting or describing "specified sexual activities" or "specified anatomical areas", and still be categorized as an adult bookstore, adult novelty store, or adult video store. Such other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store so long as one of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe "specified anatomical areas" or "specified sexual activities".

(c)

Adult cabaret means a nightclub, bar, restaurant, private club, juice bar or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

(1)

Persons who appear nude or in a state of nudity or semi-nude state;

(2)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities";

(3)

Films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas"; or

(4)

Physical contact (whether simulated or actual) of live males or females which is characterized by salacious conduct appealing to prurient interest for the observation by patrons provided that one or more of the parties appears in a state of nudity or semi-nude state. "Prurient" shall have that meaning given to it by the United States Supreme Court in Brocket vs. Spokane, 472 U.S. 491 (1985). "Private club" shall mean an establishment where patrons may bring in their own bottle or other container of alcohol (including beer, wine, or liquor) and purchase a mixture for the same or use of a glass from the club or business.

(d)

Adult motel means a motel, hotel, or similar commercial establishment which:

(1)

Offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television; or

(2)

Offers a sleeping room for rent for a period of time less than ten hours; or

(3)

Allows a tenant or occupant to sub-rent the sleeping room for a time period of less than ten hours.

(e)

Adult motion picture theater means a commercial establishment where films, motion pictures, video cassettes, slides or similar photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

(f)

Adult theater means a theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or live performances that are characterized by exposure of "specified anatomical areas" or by "specified sexual activities", and which is not customarily open to the general public during such features because it excludes minors by reason of age.

(g)

Escort agency means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip, or other consideration. "Escort" means a person who, for any form of consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person or to private appear in the nude or in a semi-nude state for another person.

(h)

Massage parlor means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment of manipulation of the human body which occurs as a part of or in connection with "specified sexual activities" or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas". The definition of "sexually oriented businesses" shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath, nor by trainers for any amateur, semiprofessional or professional athlete or athletic team or school athletic program, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck or the shoulder, nor by any other individual licensed by the State of Ohio to perform massages.

(i)

Nude model studio means any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" for any form of consideration is observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

(j)

Sexual encounter establishment means a business or commercial establishment, that as one of its primary business purposes, offers for any form of consideration:

(1)

A place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas"; or

(2)

Activities between persons when one or more of the persons is in a state of nudity or semi-nudity.

The definition of "sexually oriented businesses" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.

Any of the foregoing shall be deemed a "sexually oriented business".

(Ord. 2000-O-1159, Passed 1-10-00; Ord. No. 2023-O-2594, § 7, Passed 7-24-23)

Sign means any device, fixture, placard or structure that uses any color, form, graphic, illumination, symbol or writing to advertise, announce the purpose of or identify the purpose of a person or entity, or to communicate information of any kind to the public.

(Ord. 90-O-445, Passed 11-5-90)

(a)

Sign area means the area of a sign face (which is also the sign area of a wall sign or other sign with only one face) which shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that shall encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets Zoning Ordinance regulations and is clearly incidental to the display itself.

(b)

For the purpose of this Zoning Ordinance, sign area is the square foot measurement of one face. If the sign is multi-sided (more than two) or solid in nature as in two sides of a building, the allowing square foot area shall be determined by adding all the area of all sides of the sign and dividing by two but not to exceed the allowable sign area of that district.

(1)

Animated or moving sign means any sign or part of a sign which changes physical position by any movement or rotation or which gives visual impression of such movement or rotation.

(2)

Awning means a roof-like cover that is temporary or permanent in nature and that projects from the wall of a building for the purposes of shielding an area of a structure and constructed of a rigid supporting framework with a canvas, vinyl or fabric covering.

(3)

Awning sign means a permanent sign that is mounted or painted on or attached to a seasonal or permanent awning structure.

(4)

Banner means a temporary sign composed of a lightweight fabric or similar material not enclosed in a rigid frame, secured or mounted so as to allow movement caused by atmospheric conditions.

(5)

Canopy means a freestanding permanent roof-like shelter not attached to or requiring support from an adjacent structure.

(6)

Canopy sign means any permanent sign attached to or constructed in or on a canopy.

(7)

Changeable copy means a permanent or temporary sign on which copy is changed manually in the field.

(8)

Directional means any sign which serves solely to designate the location or direction of any place or area.

(9)

Earthen mound means a mound or berm formed as a result of manmade grading and/or excavation.

(10)

Exempt means signs exempted from permit requirements and not subject to the provisions of this Zoning Ordinance.

(11)

Flashing means any sign which contains an intermittent or flashing light source, or which includes the illusion of intermittent or flashing light by means of animation or any externally mounted light source.

(12)

Ground sign means any permanent or temporary sign six feet in height or less placed upon the ground or attached to a supporting structure not attached to any building.

(13)

Governmental means a sign erected and maintained pursuant to and in discharge of any governmental functions, or required by law, ordinance or other governmental regulation.

(14)

Height of sign means the height of a sign which shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: existing grade prior to construction; or the newly established grade after construction, exclusive of any filling, berming, mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

(15)

Illegal sign means any sign which is contrary to the requirements of this Zoning Ordinance and which does not satisfy the nonconforming specifications stated in this Zoning Ordinance.

(16)

Illuminated sign means a sign lighted by or exposed to artificial lighting either by lights on or in the sign or directed toward the sign.

(17)

Marquee means any permanent structure which projects from a wall of a building above the ground or is fixed at the entrance way to a shopping center and plaza generally ten feet or more above the ground.

(18)

Nonconforming sign means any sign lawfully existing on the effective date of this Zoning Ordinance, or on the date of an amendment thereto which renders such sign nonconforming because it does not conform to all the standards and regulations of the amended Zoning Ordinance.

(19)

Pylon sign means a permanent sign that is mounted on a freestanding pole or other support in which the sign exceeds six feet in height.

(20)

Portable sign means a sign intended to be movable and not permanently affixed to a building, structure, vehicle or the ground. Any sign with provisions for attaching devices, such as, wheels for movement or transportation; any sign over six square feet made of materials other than wood, cardboard, canvas or paper products.

(21)

Projecting sign means a sign supported by a building wall or column and extending a distance not to exceed 42 inches from the wall or column.

(22)

Permanent sign means a sign permitted by Chapter 1189 to be located on a lot for an unlimited period of time.

(23)

Suspended sign means a sign that is suspended from the underside of a horizontal plan surface and is supported by such surface.

(24)

Temporary sign means a sign constructed of plywood, paper products, plastic or canvas intended to be displayed for a short period of time.

(25)

Under marquee sign means any sign attached to the underside of a marquee.

(26)

Wall sign means a sign which is located on or formed by the surface of the wall of a building. A mansard roof facade on a building shall be considered part of the wall.

(27)

Window sign means a sign that is applied or attached to the interior or exterior of a window or located in such manner within a building that it conveys a message to the exterior of the structure through a window.

(Case 122, 11-5-90, Effective 12-5-90; Ord. 90-O-445, Passed 11-5-90)

Site or development plan refers to a set of to-scale drawings and associated text containing the following elements of information regarding the proposed and/or existing use(s) for a premises.

(a)

Architectural Elevations. The exterior architectural elevations of all structures proposed and/or existing on the site showing the general design, architectural features, color, and building materials. The architectural elevations of structures immediately adjacent to the applicant's property may be required.

(b)

Lighting. The location, design, intensity, color and beam spread of all exterior lighting.

(c)

Other Relevant Information. Any additional relevant information requested by the City.

(d)

Parking and Loading. The location, dimension and layout of all areas to be used for parking or loading.

(e)

Paving. The location, dimensions and method of improvement of all driveways, parking areas, walkways and other means of access, ingress and egress.

(f)

Screening. The location, height and materials for all required screening.

(g)

Setbacks and Yards. The location, size and dimensions of all yards, setbacks and spaces between structures.

(h)

Signs. The location, size and architectural elevations of all signs.

(i)

Storm Water Drainage. The design of the storm water drainage system for the property.

(j)

Structures. The location, size and height of all structures on the property (including buildings, signs, walls, fences, waste collection facilities and works of art).

(k)

Use. A statement of the general nature of the proposed and/or existing use(s) on a premises.

(Case 105, 2-6-89, Effective 3-8-89; Ord. 81-O-08, Passed 8-3-81)

Specified anatomical areas means and includes any of the following:

(a)

Less than completely and opaquely covered human genitals, pubic region, anus, or female breasts, below a point immediately above the top of the areolae; or

(b)

Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(Case 429, 6-20-79; Ord. 2000-O-1159, Passed 1-10-00)

Specified sexual activities means and includes any of the following:

(a)

The fondling or other intentional touching of human genitals, pubic region, anus, or female breast;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(c)

Masturbation, actual or simulated; or

(d)

Human genitals in a state of sexual stimulation, arousal or tumescence;

(e)

Excretory functions as part of or in connection with any of the activities set forth in subsections (a) through (d) hereof.

(Case 429, 6-20-79; Ord. 2000-O-1159, Passed 1-10-00)

Storage shed means a structure for the use of keeping and preserving diversified articles for future use, the size of which should not exceed 12 feet by 12 feet and eight feet in total height and shall not be permanently attached to the house.

(Case 441, 4-16-80; Ord. 81-O-08, Passed 8-3-81)

Story means that portion of a building included between the surface of a floor and the surface of the floor immediately above it, if there is no floor above it, then the space between such floor and the ceiling above it, shall constitute a story. A basement shall not be considered a story.

(Ord. 81-O-08, Passed 8-3-81)

Street means a public right-of-way 50 feet or more in width which provides a means of access to an abutting property; or any public right-of-way not less than 30 feet in width which existed prior to the enactment of this Zoning Ordinance. The term street shall include avenue, drive, circle, road, highway or similar terms.

(Ord. 81-O-08, Passed 8-3-81)

Structure means anything constructed or erected which requires permanent location on the ground, or attached to something having permanent location on the ground.

(Ord. 81-O-08, Passed 8-3-81)

Structural alteration means any change in the supporting members of a building or structure such as walls, columns, beams, girders, floor joists, roof joists or in the exterior walls.

(Ord. 81-O-08, Passed 8-3-81)

Any premises upon which there are situated five or more Computerized Sweepstakes Devices (as defined by Chapter 737 the Huber Heights City Code) that are available for the use or entertainment of the public within such premises whether or not such premises has any other business purpose.

(Ord. 2012-O-1948, Passed 3-12-12)

Private swimming pool, as regulated herein, means any pool, pond, lake or open tank not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than two feet.

(Case 389, 7-29-77; Ord. 81-O-08, Passed 8-3-81)

Thoroughfare Plan means the Official Thoroughfare Plan of, and as adopted by the Planning Commission of the City of Huber Heights, establishing the location and official right-of-way widths of principal highways and streets in the County, on file in the Office of the Recorder, together with all amendments thereto subsequently adopted.

(Case 443. 4-2-80; Ord. 81-O-08, Passed 8-3-81)

Tourist camp means a group of attached or detached cottages, cabins or similar buildings, containing individual sleeping or living units, but not including kitchen or cooking spaces for the accommodation of transient guests; the parking or supporting by a foundation of two or more trailers should be termed a tourist camp.

(Ord. 81-O-08, Passed 8-3-81)

Tourist home means a building or portion thereof in which board or lodging, or both, are offered to the traveling public for compensation, open to transient guests.

(Ord. 81-O-08, Passed 8-3-81)

Trailer means any vehicle or object not structurally anchored or secured to a foundation, propelled or capable of being propelled by an attached vehicle or other propelling apparatus for residential, commercial, hauling or storage purposes.

(Case 73, 1-23-86; Ord. 85-O-191, Passed 12-23-85)

Trailer camp means any lot, tract or site used, or intended to be used, for parking of two or more trailers and shall include any building, structure, vehicle or enclosure of such trailer camp.

(Ord. 81-O-08, Passed 8-3-81)

Trailer-small utility type means any trailer less than 20 feet long drawn by a motor vehicle for the occasional transport of personal effects other than business use.

(Ord. 81-O-08, Passed 8-3-81)

Travel trailer means any vehicle or mobile structure designed for highway travel, on wheels, skids, rollers or blocks designed to be used as a temporary dwelling for travel, recreational and vacation wise. This includes mobile homes.

(Ord. 81-O-08, Passed 8-3-81)

Truck wash means any establishment for the purpose of cleaning motor vehicles and trucks rated in excess of one ton capacity.

(Ord. 81-O-08, Passed 8-3-81)

Vehicle means all automobiles, trailers, truck campers, buses, boats and commercial vehicles.

(Ord. 81-O-08, Passed 8-3-81)

Vehicle, commercial means any motor vehicle having motor power designed and used for carrying merchandise or freight.

(Ord. 81-O-08, Passed 8-3-81)

WELLFIELD DEFINITIONS—See Section 1123.121 et seq.

Yard means any unoccupied area of lot, open and unobstructed from the ground to the sky.

(Ord. 81-O-08, Passed 8-3-81)

Yard, front means an open space extending the full width of the lot measured between the front lot line and the foundation wall of the building.

(Ord. 81-O-08, Passed 8-3-81)

Yard, rear means a yard extending across the full width of the lot measured between the rear lot line and the foundation wall of the building.

(Ord. 81-O-08, Passed 8-3-81)

Yard, side means a yard extending from the front yard to the rear yard and measured from the side lot line to the foundation of the building.

(Ord. 81-O-08, Passed 8-3-81)

This Zoning Ordinance is enacted for the purpose of promoting health, morals or general welfare of the people of the City by protecting property values, reducing traffic hazards, reducing congestion of population, and securing safety from fire, panic and other dangers; to provide adequate open spaces and regulate land development and land use as will enable the provision of economical establishment of transportation service, drainage, sanitation, education, recreation and other public improvements.

(Ord. 81-O-08, Passed 8-3-81)

(a)

In order to effect the purpose of this Zoning Ordinance, an appropriate fee schedule for required permits and services shall be established by ordinance of Council, and such schedule may be revised periodically as Council finds appropriate.

(b)

The following Fees are established:

ZONING

(Ord. 2011-O-1912, Passed 9-26-11)

The name of this title shall be the "Huber Heights Zoning Ordinance".

(Ord. 81-O-08, Passed 8-3-81)

The standards prescribed herein shall be held to the minimum requirements. When such standards are greater than those contained in any other existing provisions of law, the standards of this Zoning Ordinance shall apply. However, when private covenants or deed restrictions are greater than those imposed by this Zoning Ordinance, the same shall have precedence.

(Ord. 81-O-08, Passed 8-3-81)

The official plan for the major highways and streets within the City of Huber Heights, together with the thoroughfare plans for major applicable roadways in Montgomery County and for Miami County are on file in either the City of Huber Heights Municipal Offices or the offices of the Montgomery and Miami County Recorder and the Montgomery and Miami Planning Commission, with all amendments and supplements subsequently adopted.

(Case 191, 8-26-92, Eff. 9-25-91; Ord. 93-O-595, Passed 2-8-93)

If any article, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

Editor's note— Ord. No. 2023-O-2594, § 6, adopted July 24, 2023, repealed § 6, which pertained to "when effective" and derived from Case 8, adopted March 1, 1982 and Ord. No. 81-O-08, Passed August 3, 1981.

Aquifer means a glacial formation, group of glacial formations or part of a glacial formation that contains enough saturated permeable material to yield significant quantities of water.

(Ord. 81-O-08, Passed 8-3-81)

(1)

Chemicals for which there is a scientific evidence that acute or chronic health effects may result from exposure including carcinogens, toxic and highly toxic agents, reproductive toxins, irritants, corrosives, sensitizers, hepatotoxins, nephrotoxins, neurotoxins, agents which act on the hematopoietic system, and agents which damage the lungs, skin, eyes or mucous membranes.

(2)

Mixtures of chemicals which have been tested as a whole and have been determined to be a health hazard.

(3)

Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one percent or greater of the composition on a weight per unit weight basis and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one percent or greater of the composition on a weight per unit weight basis.

(4)

Ingredients of mixtures prepared within the WO Wellhead Operation District and the WP Wellfield Protection Overlay District in cases where such ingredients are health hazards but comprise less than one tenth of one percent of the mixture (on a weight per unit weight basis) if carcinogenic, or less than one percent of the mixture (on a weight per unit weight basis) if noncarcinogenic.

(5)

Petroleum and nonsolid petroleum derivities (except nonPCB dielectric fluids).

(Ord. 81-O-08, Passed 8-3-81)

One-year capture area means the area around the public water supply wellfields delineated by the one year travel time contour.

(Ord. 81-O-08, Passed 8-3-81)

Direct recharge area means that portion of a drainage basin in which water infiltrating vertically from the surface will intercept the water table.

(Ord. 81-O-08, Passed 8-3-81)

Recharge lagoon means a body of water designed and maintained by man to add water to the groundwater at a rate greater than that occurring naturally.

(Ord. 81-O-08, Passed 8-3-81)

Wellfield means a tract of land that contains a number of wells for public water supply.

(Ord. 81-O-08, Passed 8-3-81)

Public water supply includes but is not limited to municipal water supplies from Ohio Suburban Water Company and Valley Water Works, their successors and assigns.

(Ord. 81-O-08, Passed 8-3-81)

Potable water means water that is satisfactory for drinking, culinary and domestic purposes, meeting current drinking water standards.

(Ord. 81-O-08, Passed 8-3-81)

Protected public water supply means a public water system which serves at least 15 service connections used by year round residents or regularly serves at least 25 year round residents, and having a one year capture area defined through appropriate hydrologic studies.

(Ord. 81-O-08, Passed 8-3-81)

Zone of influence means a zone delineated by iso-travel time contours around wellfields. The zone is calculated, based on the rate of movement of groundwaters in the vicinity of wells with an allowance for the dispersion of a pollutant entering into and moving with the groundwater.

(Ord. 81-O-08, Passed 8-3-81)

Travel time contour means a locus of points from which water takes an equal amount of time to reach a given destination such as a well or wellfield.

(Ord. 81-O-08, Passed 8-3-81)

Underground storage tank means one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is ten percent or more beneath the surface of the ground. Flow through process tanks and septic tanks approved by the Health Department or Ohio Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.

(Case 169, Effective 8-13-90; Ord. 90-O-434, Passed 8-13-90)

(a)

The Director of Public Safety and Service shall appoint the Director of Planning and Zoning together with such assistants as necessary.

(b)

In issuing any permit, the Director of Planning and Zoning or designee shall be a purely administrative agent and shall follow the provisions of the Zoning Ordinance. The Director of Planning and Zoning or designee shall serve in an administrative capacity only and shall not violate the provisions of the Zoning Ordinance in the performance of his duties.

(c)

Whenever necessary for the purpose of enforcing the provisions of the Zoning Ordinance or whenever there exists any cause for the investigation of a complaint or suspected violation, the Director of Planning and Zoning or designee may enter such structure or premises at all reasonable times to inspect the same or to perform any duty imposed on the Director of Planning and Zoning by the Zoning Ordinance, provided that if such structure or premises be occupied shall first present proper credentials and request entry. If no response is received to the request for entry, the Director of Planning and Zoning or designee shall leave notice reasonably calculated to advise of impending inspection and the means by which the City may be contacted with regard to such inspection. If no objection is made to the City, the Director of Planning and Zoning or designee shall proceed with the inspection as stated in the notice. If such entry is refused, the Director of Planning and Zoning or designee shall have recourse to every remedy at law to affect such entry.

(d)

The Director of Planning and Zoning or designee shall perform any pre-sale exterior inspections as requested under Section 1125.02.

(Ord. 2011-O-1910, Passed 9-12-11; Ord. No. 2018-O-2353, § 1, 11-28-18)

(a)

Prior to the beginning of work pertaining to the erection, construction, reconstruction, moving, alteration or addition to any building, structure or sign, requiring a sign permit under Chapter 1189, a zoning certificate shall be secured from the Zoning Office by the owner or agent. The repainting or recovering of an existing sign for which a valid certificate has been issued does not require a new certificate. (Case 8, 3-1-82) The zoning certificate shall state that the proposed project, as shown by the plans and specifications filed with the Zoning Office, is in compliance with the provisions of this Zoning Ordinance.

(b)

Expiration of Zoning Certificates. If the work described in any zoning certificate has not begun within one year from the date of issuance thereof, such certificate shall expire.

(c)

If:

(1)

The work described in any zoning certificate is not completed within two years of the date of issuance thereof, or

(2)

Work described in any zoning certificate has started and substantial work on the site has stopped for more than six consecutive months, the zoning certificate shall expire and be cancelled by the Director of Planning and Zoning. The Director of Planning and Zoning shall give written notice thereafter to the persons affected, together with notice that further work as described in the cancelled certificate shall not proceed unless and until a new zoning certificate has been obtained.

(d)

Unless a substantial amount of work, including at least some actual construction, has already been done in good faith and pursuant to lawful permits, any zoning certificate shall be void if the zoning laws under which the zoning certificate was issued change after issuance of that zoning certificate such that the work covered by the zoning certificate would no longer be eligible for the zoning certificate under the revised zoning laws.

(e)

Prior to occupying any new or existing nonresidential building or structure or any land in the case of land uses, an occupancy permit shall be secured from the Director of Planning and Zoning or designee by the owner or his agent. The permit shall state that the use of the building, structure or land area complies with the provisions of this Zoning Ordinance. However, the issuance of an occupancy permit in no way implies an approval of a use in contradiction of this Zoning Ordinance.

(f)

A temporary occupancy permit may be issued by the Director of Planning and Zoning for a period not exceeding six months during alterations or pending completion of a building. Such temporary permit may authorize partial or full occupancy and may include such conditions and safeguards as shall protect the safety of the occupants and the public and shall assure completions of the alterations or construction. The City shall have the right to require the property owner to sign a temporary occupancy permit agreement agreeing to perform the specified items of work.

(g)

The Director of Planning and Zoning or his designee shall inform each applicant for a zoning certificate that no construction should begin on a project until a building permit is issued by the appropriate authority and that such project shall not be occupied until an occupancy permit is issued if required.

(h)

Prior to the sale of any real property in this City, the owner, agent or prospective purchaser may schedule an exterior inspection with the Zoning Office for any violations of the City's Zoning Code and/or Property Maintenance Code. Upon completion of such inspection, if no violations are found, the Zoning Office shall issue a certificate stating that no exterior zoning and/or housing maintenance violations existed upon the date of inspection. If violations are found during the inspection, the Zoning Office shall document those violations to all known parties, issue a warning notice to the violator and proceed under Section 1125.98 for enforcement and compliance. If the property is transferred, the purchaser shall be deemed to have notice of the violation for enforcement purposes.

(Ord. 2011-O-1910, Passed 9-12-11; Ord. No. 2018-O-2353, § 2, 11-28-18; Ord. No. 2019-O-2398, § 1, 10-14-19)

(a)

Every application for a zoning certificate shall be accompanied by plans in triplicate, drawn to scale showing the actual shape and dimensions of the lot to be built upon or to be changed in its use, in whole or in part, the exact location, size and height of any building or structure to be erected or altered; the existing and intended use of each building or structure or part thereof; the number of families or housekeeping units the building is designed to accommodate and, when no buildings are involved, the location of, the present use, and proposed use to be made of the lot; and such other information with regard to the lot and neighboring lots as may be necessary to determine and provide for the enforcement of this Zoning Ordinance.

(b)

One copy of such plans shall be returned to the owner when such plans shall have been approved by the Zoning Office, together with such zoning certificate as may be granted. All dimensions shown on these plans relating to the location and size of the lot to be built upon shall be based on actual survey. The lot and the location of the building thereon shall be staked out on the ground before construction is started.

(Case 8, 3-1-82; Ord. 81-O-08, Passed 8-3-81)

(a)

Stop Work Order. On notice from the Director of Planning and Zoning or designee that work on any building or structure is being prosecuted contrary to the provisions of the Part 11 (Planning and Zoning) or in an unsafe and dangerous manner, such work shall be immediately stopped. The stop work order shall be in writing and shall be given to the owner of the property involved, or to the owner's agent, or to the person doing the work, and shall state the conditions under which work may be resumed.

(b)

Unlawful Continuance. No person shall continue any work in or about the structure after having been served with a stop work order, except such work as he is directed to perform to remove a violation or unsafe conditions.

(c)

Posting of Orders. Each order issued by the Director of Planning and Zoning or designee, or a copy or copies thereof, shall be prominently posted by the responsible person at or near the main entrance or lobby to the premises where the violation or violations are located.

(d)

Unlawful Removal. The owner, his duly authorized agent, the occupant, or other person responsible for the conditions under violation shall be responsible for maintaining the order in its posted location until the order has been cleared by the Director of Planning and Zoning or designee.

(e)

Compliance With Orders. No person shall willfully fail or refuse to comply with any lawful order or direction of the Director of Planning and Zoning or designee or interfere with the compliance attempts of another individual.

(f)

Appeal of Stop Work Order. Appeals to a stop work order shall be subject to the provisions of Section 1127.03.

(Ord. 2011-O-1910, Passed 9-12-11)

When a field inspection confirms an alleged violation of the Zoning Code to be valid and within the jurisdiction of the Zoning Office, the Code Official shall initiate enforcement procedures in the manner prescribed below. At each step in the compliance and enforcement process, the Code Official may grant additional time for compliance when extenuating circumstances arise.

(a)

Warning Notice. Upon verifying that a violation of the Zoning Code has occurred, the Code Official shall make a reasonable effort to informally contact the violator and explain the specific nature of each violation. After reasonable effort has been made, the Code Official shall give a written statement to the property owner that unless the violation is corrected within seven days, an official violation notice shall be issued. The Code Official shall also notify the property owner hereof that the latter may appeal the City's determination that a violation exists, or request a review of the time period within which the violation must be corrected, before the Property Maintenance Review Board. Written statement shall be considered properly served if delivered in person to the violator, mailed by regular mail, or posted in a conspicuous place on the property.

(b)

Official Notice of Violation. At the end of the seven-day waiting period, the Code Official shall re-inspect the subject property to determine if the violation has been corrected. If the violation has not been corrected, then a written official notice of violation ("notice") shall be issued. Such notice shall be considered properly served if delivered in person to the violator, mailed by regular mail, or posted in a conspicuous place on the property.

(c)

Abatement and Court Action. If upon the expiration date of the notice of violation the subject violation has not been corrected, the Code Official may pursue abatement of the subject violation via the Property Maintenance Review Board as an alternative to or in addition to pursuing legal action in a court of proper jurisdiction.

(d)

Repeat Violators. For the second violation of the same general character occurring not sooner than 20 days and not later than two years after the first violation, warning notice may be omitted and a violation notice specifying that the violation shall be corrected within 24 hours of receipt of said violation notice may be sent. If the violation is not corrected by the specified compliance date, appropriate action or proceeding shall be instituted in a court of proper jurisdiction or in the Property Maintenance Review Board. For the third violation of the same general character occurring not sooner than 20 days after the second violation and not later than two years after the first violation, appropriate action or proceeding may be instituted immediately in a court of proper jurisdiction or in the Property Maintenance Review Board without notification to the property owner.

(Ord. 2009-O-1781, Passed 7-13-09)

(a)

Whoever violates any provision of the Zoning Ordinance is guilty of the following offenses and shall be subject to the following penalties:

(1)

For the first offense, a minor misdemeanor. The Court shall impose upon the offender a fine of not more than $100.00.

(2)

For the second offense (whether or not of the same section of the Zoning Ordinance), occurring not sooner than 20 days and not later than two years after the first offense, a misdemeanor of the fourth degree. The Court shall impose upon the offender a fine of not less than $250.00, no portion of which may be suspended.

(3)

For the third offense (whether or not of the same section of the Zoning Ordinance), occurring no sooner than 20 days after the second offense and not later than two years after the first offense, a misdemeanor of the third degree. The Court shall impose upon the offender a fine of not less than $500.00, no portion of which may be suspended.

(4)

For a fourth offense and each subsequent offense (whether or not of the same section of the Zoning Ordinance), occurring not sooner than 20 days after the third offense and not later than two years after the first offense, a misdemeanor of the third degree. The Court shall impose upon the offender a fine of not less than $500.00, no portion of which may be suspended, or shall impose a sentence of imprisonment for not more than 30 days, with no portion of the imprisonment sentence to be suspended, or may impose both such a fine and sentence of imprisonment.

(b)

In case any building is, or is proposed to be, located, erected, constructed, reconstructed, enlarged, changed, maintained or used, or any land is, or is proposed to be used in violation of this Zoning Ordinance or any amendment or supplement thereto, the Zoning Officer, the City Attorney, or any adjacent or neighboring property owner who would be specially damaged by such violation, in addition to other remedies provided by law, may institute injunction, mandamus, abatement or any other appropriate action, actions, proceeding or proceedings to prevent, enjoin, abate or remove such unlawful location, erection, construction, enlargement, change, maintenance or use.

(Case 328; Ord. 98-O-1029, Passed 3-23-98)

A Board of Zoning Appeals is hereby created as provided and regulated in Article IX of the City Charter. The term of one member shall expire each year. Each member shall serve until his successor is appointed and qualified. Members of the Board shall be removable for nonperformance of duty, misconduct in office, or other reasonable cause, by the Mayor upon written charges having been filed with Council and after a public hearing has been held regarding such charges. A copy of such charges shall be served upon the member so charged at least ten days prior to the hearing either personally or by registered mail, or by leaving the same at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

(Ord. 81-O-08, Passed 8-3-81)

(a)

The Board of Zoning Appeals shall organize and adopt rules in accordance with the provisions of this Zoning Ordinance. Meetings of the Board shall be held at the call of the Chairman, and at such other times as the Board may determine. The Chairman, or in his absence, the Acting Chairman may administer oaths. Meetings of the Board shall be open to the public. The Board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be filed in the appropriate municipal office and shall be a public record.

(b)

Three members of the Board shall constitute a quorum. The Board shall act by resolution, and the concurring vote of three members of the Board shall be necessary to reverse an order or determination of the Zoning Officer, or to decide in favor of an applicant in any matter over which the Board has original jurisdiction under this Zoning Ordinance, or to grant any variance from the requirements stipulated in this Zoning Ordinance. The Board may call upon any City office for assistance in the performance of its duties, and it shall be the duty of such offices to render such assistance to the Board as may reasonably be required.

(Ord. 81-O-08, Passed 8-3-81)

(a)

General. The Board of Zoning Appeals shall have the power to hear appeals of administrative decisions in the enforcement of the Zoning Ordinance, the power to grant variances and such other powers as are explicitly given within the Zoning Ordinance. No variance may be granted from the provisions of Chapter 1193 or to allow a semitrailer cab and/or trailer to be parked in a residential zoning district.

(b)

Appeals of Administrative Decisions. The Board shall have power to hear and decide appeals where it is alleged there is error in any order, requirements, decision or determination made by an administrative official in the enforcement of the Zoning Ordinance. In exercising its powers to review administrative decisions, the Board may, in conformity with the provisions of statute and of this Zoning Ordinance, reverse or affirm wholly or partly, or may modify the order, requirement, decision or determination as ought to be made, and to that end shall have all powers of the office from whom the appeal is taken. The appeal shall:

(1)

Cite specific provisions of this Zoning Ordinance that are alleged to have been interpreted in error or the specific decisions or action being appealed and the grounds on which the appeal is being made;

(2)

Include any required application fee in an amount set by the City;

(3)

Include such other information as the City or the Board may reasonably require; and

(4)

Include a statement as to why the appellant has standing to pursue the appeal from the administrative action by a statement of the way in which the administrative action adversely affects the appellant.

(c)

Variances. The Board shall have power to authorize, upon request, variances from the provisions of the Zoning Ordinance, in harmony with the intent and purposes of the Zoning Ordinance as provided below. No variance may be granted which permits the establishment of any use which is not otherwise permitted in the district.

(1)

Variance standards. Variances from the terms of the Zoning Ordinance shall be granted only where the property owner shows that the application of a zoning requirement to the property owner's property is inequitable causing property owner practical difficulties in the use of the property. The factors to be considered and weighed by the Board in determining whether a property owner has encountered practical difficulties in the use of property owner's property include, but are not limited to:

A.

Whether the property in question will yield a reasonable return or whether there can be any beneficial use of the property without the variance;

B.

Whether the variance is substantial;

C.

Whether the essential character of the neighborhood would be substantially altered or whether adjoining properties would suffer a substantial detriment as a result of the variance;

D.

Whether the variance would adversely affect the delivery of governmental services such as water, sanitary sewer or garbage removal;

E.

Whether the property owner purchased the property with knowledge of the zoning restriction;

F.

Whether the property owner's predicament feasibly can be obviated through some method other than a variance; and

G.

Whether the spirit and intent behind the zoning requirement would be observed and substantial justice done by granting the variance.

The Board shall determine, after and weighing the factors described above and any other factors the Board deems relevant, whether the property owner has shown practical difficulties so inequitable as to justify granting a variance to property owner.

(2)

Sign variances. For requests for variances from Chapter 1189, in addition to the applicable factors enumerated under subsection (c)(1) hereof, the following criteria shall also be considered:

A.

Variances for signs may be permitted if the applicant can demonstrate that there exist unique features related to the property on which the sign is to be erected (e.g. topography or orientation to thoroughfares) which would render the strict application of the provisions of Chapter 1189 an undue hardship. Any such variance granted shall be minimum necessary to remedy the hardship involved.

B.

No variances for signs shall be granted solely for the stated rationale of desiring a higher or larger sign in the absence of any site limitations as discussed under subsection (c)(2)A. hereof.

(3)

Conditions and restrictions. The Board may impose such conditions and restrictions as it deems necessary or appropriate to obtain compliance with the required standards for variances, to reduce the impact of a variance upon other properties in the neighborhood and/or to implement the general purpose and intent of the Zoning Ordinance.

(4)

Applicant need not be owner. The vendee of a property under a purchase agreement, land contract, lease or other property interest duly executed, may, with the written consent of the fee owner of the property, request a variance which may be considered by the Board.

(d)

Documentation. All decisions of the Board shall be fully documented in order to set forth the basis of each decision.

(Case 119, 5-11-88; Ord. 92-O-533, Passed 3-9-92; Ord. 92-O-556, Passed 7-27-92; Case 285, 5-13-96; Ord. 96-O-885, Passed 5-13-96)

(a)

By Whom Taken. Appeals to the Board of Zoning Appeals for special exception or variance may be taken by any person aggrieved or by an officer of the City affected by any decision of the Zoning Officer. Such appeals shall be taken within 20 days after the decision by filing with the Zoning Office and with the Board a notice of appeal specifying the grounds thereof. The Zoning Office shall forthwith transmit to the Board all the papers constituting the record upon which the action appealed from was taken.

(1)

Within 12 months from the date the Board decided a particular variance, that Board shall not be required to reconsider the same matter or to consider a variance application that is essentially the same.

(b)

Hearings. The Board shall hear appeals within 31 days after application and give at least ten days' notice to owners of real property contiguous to and directly across the street from the parcel of real property under consideration and decide the same within a reasonable time after it is submitted. Notice of public hearings shall be given in a newspaper of general circulation in the municipal corporation. Each application shall be accompanied by a check or money order payable to the City of Huber Heights in the amount specified in the schedule of fees in effect on the date the application is filed and shall be accompanied by a list of the names of affected property owners required to be notified. At the hearing, any party may appear in person or by attorney.

(c)

Stay of Proceedings. An appeal shall stay all proceedings in furtherance of the action appealed from, unless the Zoning Office or his designee certified to the Board that by reasons of facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed or otherwise than by an order which may, on due cause shown, be granted by the Board on application after notice to the Zoning Officer or by judicial proceedings.

(Ord. 81-O-08, Passed 8-3-81; Case 8, 3-1-82; Case 118, 2-29-88; Ord. 88-O-287, Passed 2-29-88; Ord. 93-O-628, Passed 6-7-93)

(a)

A Planning Commission is hereby created as provided and regulated in Article IX of the City. The term of one member shall expire each year.

(b)

Each member shall serve until his successor is appointed and qualified. Members of the Commission shall be removable for nonperformance of duty, misconduct in office, or such other justifiable cause, by the Mayor, upon written charges being filed with Council and after a public hearing has been held regarding such charges. A copy of such charges shall be served upon the member so charged, at least ten days prior to the hearing, either personally, by registered mail, or by leaving such copy at his usual place of residence. The member shall be given an opportunity to be heard and answer such charges.

(Ord. 81-O-08, Passed 8-3-81; Case 8, 3-1-82)

The City Planning Commission shall review all special uses as identified in the respective zoning districts according to provisions and criteria stated in Chapter 1135.

(Case 101, 6-29-87; Ord. 87-O-249, Passed 6-29-87)

Whenever the public necessity, convenience, general welfare or good zoning practices require, the City Council may, by ordinance or resolution, amend, or repeal the regulations, restrictions, boundaries or classification of property.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

This Planning and Zoning Code and the Zoning Map of the City shall be amended by utilizing the procedure outlined below. Amendments include:

(a)

Text amendments to the Planning and Zoning Code; and

(b)

Amendments to the Zoning Map (rezonings of property).

(Case 295; Ord. 96-O-921, Passed 10-28-96)

(a)

Any amendments to the text of the Planning and Zoning Code shall be initiated in one of the following ways:

(1)

Action by Council;

(2)

Action by Planning Commission;

(3)

Action by Board of Zoning Appeals; or

(4)

Action by City staff.

(5)

Action by a City resident, property owner, or business owner

(b)

Any amendments to the Zoning Map shall be initiated in one of the following ways:

(1)

Action by Council;

(2)

Action by Planning Commission;

(3)

Action by Board of Zoning Appeals:

(4)

Action by City staff; or

(5)

Action by at least one party holding a fee ownership interest, as determined by the County Auditor's tax records, in each parcel of land proposed to be rezoned. An agent of such party, including, but not limited to, a realtor, lessee under a lease, vendee under a land contract, or purchaser under a purchase agreement, can sign as applicant so long as a fee owner also signs the application initially.

(c)

All amendments shall be initiated by an application filed with the Planning and Development Division of the City. The application shall be in a form approved by the Planning and Development Coordinator or his designee.

(d)

In cases initiated by actions of Council, Planning Commission or the Board of Zoning Appeals, the initiating body shall adopt a motion directing City staff to prepare an application to be filed with the Planning and Development Division of the City. The body must approve such motion by an affirmative vote by the majority of the members of that body. The motion may either provide staff with specific text language or Zoning Map changes, or provide staff with guidelines for preparing the proposed amendment.

(e)

In cases initiated by actions of the City staff, the City Manager or his designee shall execute the application.

(f)

In cases to amend the Zoning Map initiated by an owner, such owner or any agent designated by the owner shall file an application with the Planning and Development Division of the City. Such applicant shall furnish with such application a list of names and addresses of owners of all properties on the County Auditor's tax rolls lying within 200 feet of such land proposed to be rezoned.

(Ord. 2012-O-1939, Passed 2-13-12)

Within ten business days after the proper filing of an application for an amendment and payment of necessary fees, the application and relevant supporting material (the "Case") shall be scheduled on the calendar maintained by the Planning and Development Division for consideration and recommendation by the Planning Commission.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

The Planning Commission shall hold a public hearing on the proposed amendment at the next available meeting after proper notices have been given. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the City at least seven days in advance of such hearing. If less than ten parcels, as listed on the tax duplicate, are involved in a requested amendment of the Zoning Map, written notice of such hearing shall also be mailed at least ten days before the public hearing to the owner(s) of record, as shown on the County Auditor's tax duplicate, of each property located within 200 feet of the property proposed for rezoning. The failure of delivery of any such mailed notice shall not invalidate any such rezoning. In cases to amend the Zoning Map initiated by the owner, the list of property owners shall be provided by the owner or owner's agent pursuant to Section 1130.03(f).

(Case 295; Ord. 96-O-921, Passed 10-28-96)

As a supplemental means of notification for proposed amendments to the Zoning Map in addition to those described elsewhere in this chapter, the City may elect to erect one notification sign on each legally described parcel which is the subject of a proposed rezoning. Placing of such signs is not required under this Planning and Zoning Code but is merely permissible. The failure of the City to erect such a sign shall not be deemed a violation of the notice procedures required under this Planning and Zoning Code. Such signs shall be six square feet in size and shall be placed by the City approximately five feet back from the parcel's right-of-way line or in such other location as the City deems to be appropriate to give notice of the rezoning to others. Such signs may be erected in advance of the scheduled public hearing. The City shall be responsible for removing such signs after the public hearing but shall not be responsible for maintaining the signs from the time of their erection until the public hearing, if such signs are erected.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

After the public hearing required by this chapter is closed, the Planning Commission shall recommend to Council that the requested amendment be:

(a)

Granted as requested;

(b)

Denied;

(c)

Granted as modified by, or subject to such conditions as deemed appropriate by, the Planning Commission. The Planning Commission may, as a condition of approval, modify the proposed amendment or impose any additional requirements or conditions it deems appropriate.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

Within ten business days after the Planning Commission has made its recommendation on the amendment, the Clerk of Council shall schedule on the calendar maintained by the Clerk, a public hearing before Council.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

The City Council shall hold a public hearing on the proposed amendment. Notice of time and place of such hearing shall be published in a newspaper of general circulation in the City at least seven days in advance of such hearing. If less than ten parcels, as listed on the tax duplicate, are involved in a requested amendment of the Zoning Map, written notice of such hearing shall also be mailed at least ten days before the public hearing to at least one owner of record, as shown on the County Auditor's tax duplicate, of each property located within 200 feet of the property proposed for rezoning. The failure of delivery of any such mailed notice shall not invalidate any such rezoning. In cases to amend the Zoning Map initiated by the owner, the list of property owners shall be provided by the owner or owner's agent pursuant to Section 1130.03(f).

(Case 295; Ord. 96-O-921, Passed 10-28-96)

(a)

Following the close of the public hearing, the Council shall adopt legislation to adopt, deny, or approve with modifications the recommendation of the Planning Commission regarding the proposed amendment. Council may not proceed until the matter has been adopted, denied or tabled.

(b)

No ordinance, resolution, or regulation which violates, differs from or departs from the recommendation submitted by the Planning Commission shall take effect unless passed or approved by a vote of two-thirds of the membership of Council. No ordinance, resolution, or regulation which is in accordance with the recommendations submitted by the Commission shall be deemed to pass or take effect without the concurrence of at least a majority of the members elected to Council. A vote to deny a matter shall be approved by a vote of the majority of membership of Council unless the matter was recommended for approval by the Planning Commission, in which case the denial must be approved by a vote of two-thirds of the membership of Council. A motion to table may be approved by a majority of the membership of Council at any time.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

The applicant may, during the amendment process, request that the Case material be supplemented by the applicant. Such a request shall be noted in the Case and such supplemental material shall be added to the Case. The Planning Commission and/or Council may choose to consider such supplemental information if they consider it relevant and helpful in their deliberations. However, the Planning Commission and/or Council shall have no obligation to consider such supplemental information in their deliberations regarding the original proposed amendment.

No modification to an amendment proposed by the applicant shall be permitted that changes the proposed zoning. Nothing in this section shall prohibit the City Planning Commission or Council from making any modification to an amendment deemed appropriate or from requiring the applicant to submit such supplemental information deemed by the Planning Commission or Council to be necessary or helpful in their deliberations over the application.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

Each application for a text or Zoning Map amendment, except those initiated by the City Planning Commission, Council, Board of Zoning Appeals or City staff, shall be accompanied by a check or money order, payable to the City of Huber Heights, sufficient in the amount to cover the fees prescribed.

(Case 295; Ord. 96-O-921, Passed 10-28-96)

Special uses shall conform to the procedures and requirements of sections inclusive of this Zoning Ordinance.

(Ord. 81-O-08, Passed 8-3-81)

It is recognized that an increasing number of new kinds of uses are appearing daily, and that many of these and some other more conventional uses pose characteristics of such unique and special nature relative to location, design, size, method of operation, circulation and public facilities that each specific use shall be considered individually. These specific uses as they are specially permitted under the provisions of this chapter, shall follow the procedures and requirements set forth in Section 1135.03, inclusive.

(Ord. 87-O-249, Passed 6-29-87)

(a)

Contents of Application for Special Use Permit. An application for a special use permit shall be submitted to the Planning Commission and it shall contain the following data:

(1)

Name, address and phone number of applicant;

(2)

Legal description of property and also street address if applicable;

(3)

Description of existing use;

(4)

Zoning district;

(5)

Description of proposed special use;

(6)

Plans depicting location and dimensions of all proposed drives, service access roads, sidewalks, curb openings, signs, exterior lighting, parking lot areas (show dimensions of a typical parking space), unloading areas, walls, fences and landscaping. Also, plans showing the actual shape and dimensions of the lot to be built upon or to be changed in its use together with the location of existing and proposed structures. In addition, typical elevation views of the front and side of each type of building should be provided. Proposals containing residential units shall specify the number of housing units by size, type and respective location upon the plan. The plans shall conform to standard requirements for drawings established by the City.

(7)

For each general and specific requirement, a separate paragraph stating how and why the proposed special use meets that particular requirement.

(Ord. 87-O-249, Passed 6-29-87)

The Planning Commission shall review the proposed special use as presented in the application in terms of the standards established in this Zoning Ordinance. The Commission shall hold a public meeting on the proposed special use. At least ten days and not more than 30 days in advance of such meeting, notice of the time and place of such hearing shall be mailed to the owners of property located within 200 feet of the property proposed for the special use. The Planning Commission may also impose such additional conditions, guarantees, and safeguards as it deems necessary for the general welfare, for the protection of individual property rights, and for insuring that the intent and objectives of this Zoning Code will be observed.

(Ord. 87-O-249, Passed 6-29-87)

(a)

Construction or implementation of the proposed special use shall comply with the plans submitted with the application except to the extent those plans are modified by the Planning Commission, and shall also comply with all terms of the decision of the Commission.

(b)

The City shall issue a special use permit to the extent a special use has been permitted by the Commission. The breach of any condition, safeguard or requirement shall automatically invalidate the permit granted and shall constitute a violation of this Zoning Ordinance. The penalties for such violations are specified in Section 1125.99.

(Ord. 87-O-249, Passed 6-29-87)

A special use permit shall be deemed to authorize only one particular special use and such permit shall automatically expire if, for any reason, the special use shall cease for more than one year.

(Ord. 87-O-249, Passed 6-29-87)

A special use permit shall be transferable, but only if and when the transferee signs a form provided by the City acknowledging that the transferee is bound by all terms and conditions of the prior approval and permit.

(Ord. 87-O-249, Passed 6-29-87)

No application for a special use permit which has been denied wholly or in part by the Planning Commission shall be resubmitted until the expiration of one year or more from the date of such denial, except on grounds of newly discovered evidence or proof of changed conditions which would be sufficient to justify reconsideration.

(Ord. 87-O-249, Passed 6-29-87)

The Planning Commission shall make findings of fact that the proposed special use complies with all the general and specific requirements pertinent to each special use indicated herein and such requirements shall be satisfied by the establishment and operation of the proposed special use.

(Ord. 87-O-249, Passed 6-29-87)

The Planning Commission shall review the particular facts and circumstance of each proposed use in terms of the following requirements and shall find by a preponderance of the evidence that such use on the proposed location:

(a)

Is in fact a special use as established under the provisions of this chapter, for the zoning district involved;

(b)

Shall be harmonious with and in accordance with the general objectives, or with any specific objectives of the City and/or the Zoning Ordinance;

(c)

Shall be designed, constructed, operated and maintained so as to be harmonious and appropriate in appearance with the existing or intended character of the general vicinity that such uses shall not change the essential character of the same area;

Structures to be constructed, reconstructed or altered pursuant to special uses in residential districts shall, whenever practicable, have the exterior appearance of residential buildings of a type otherwise permitted and have suitable landscaping, screen planting and fencing wherever deemed necessary by the Commission;

(d)

Shall not be hazardous or disturbing to existing or future neighboring uses;

(e)

Shall be served adequately by essential public facilities and services such as highways, streets, police and fire protection, drainage structures, refuse disposal, water and sewer, and schools; or that the persons or agencies responsible for the establishment of the proposed use shall be able to provide adequately any such services;

(f)

Shall not create excessive additional requirements at public cost for public facilities and services and shall not be detrimental to the economic welfare of the community;

(g)

Shall not involve uses, activities, processes, materials, equipment and conditions of operation that shall be detrimental to any persons, property or the general welfare by reason of excessive production of traffic, noise, smoke, fumes, glare or odors;

(h)

Shall have vehicular approaches to the property which shall be so designed as not to create an interference with traffic on surrounding public thoroughfares;

(i)

Shall not result in the destruction, loss or damage of a natural, scenic or historic feature of major importance; and

(j)

Shall substantially conform to all zoning regulations in the district where located upon a finding that approval shall not adversely affect the public peace, health, morals, safety or welfare. Only uses which are principal permitted uses, accessory uses or special uses of the subject zoning district shall be allowed.

(Case 101, 6-29-87; Ord. 87-O-249, Passed 6-29-87; Case 182, 2-25-91, Effective 2-25-91; Ord. 91-O-466, Passed 2-25-91)

Editor's note— Former Section 1135.11, which pertained to signs permitted, was repealed by Ordinance 2011-O-1910, passed September 12, 2011.

Bingo establishments and other similar gambling operations shall not be permitted as special uses or as accessory uses to any permitted special uses under any zoning district.

(Case 286, 5-13-96; Ord. 96-O-886, Passed 5-13-96)

The Planning Commission shall, at their discretion (under Chapter 1135), approve the issuance of all permits for the operation of private kindergartens, nurseries and day care facilities for a period not to exceed one year for each application approved. These permits may be renewed annually by the Zoning Officer after proper inspection. The permits are granted to the operator and are nontransferable.

(Case 101, 6-29-87; Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 2, 12-9-19)

The person(s) to whom the permits are issued shall be responsible for providing adequate enclosures for retaining the occupants within the immediate premises, cleaning up and proper removal of waste material and for assuring that activities are conducted at reasonable hours so as not to disturb or irritate other residents and property owners.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 2, 12-9-19)

Adequate safety, health, fire and general welfare protection of the occupants shall apply at all times while occupants are on the premises or under the jurisdiction of the applicant.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 2, 12-9-19)

All private kindergartens, children's nurseries and day care centers, groups and family homes, as defined in Chapter 1123, shall function within the limits of, and comply with the local, County, State and Federal requirements. At all times children and adult clients with dementia, Alzheimer's or similar condition that may result in the adult wandering off the premises shall be under the supervision and care of a responsible person or persons.

(Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 2, 12-9-19)

This chapter excludes the occasional practice of baby-sitting for which no permit is required. However, where baby-sitting is considered by the Planning Commission to be a common business practice, an application for a permit shall be required under the definition of day care.

(Case 101, 6-29-87; Ord. 81-O-08, Passed 8-3-81; Ord. No. 2019-O-2410, § 2, 12-9-19)

(a)

The Planning Commission, prior to granting a special use, shall determine that an appropriate governmental agency is legally responsible for the welfare of the clientele of a residential care and social service facility and as such can exercise control over the operator and operation of the facility in order to ensure that the provisions of this chapter are being met and adequate operational and occupancy standards are being maintained.

(b)

The special use shall be considered for approval only in R-l, R-2 and R-3 Residence Districts and an Agriculture District.

(Case 101, 6-29-87; Ord. 83-O-123, Passed 6-20-83)

The applicant for a special use permit to operate a residential care and social service facility shall submit the following information in written form to aid the Planning Commission in its review of the requested special use.

(a)

Information explaining the need for the facility, the clientele to be served and the financial resources that shall be used to operate the facility;

(b)

Identification of similar facilities presently located in the Montgomery, Greene, Miami and Clark Counties area, including the names of individuals who may be contacted concerning the operation of such facilities;

(c)

Identification and location of community facilities and social services that shall be used by the clientele of the residential care and social service facilities such as the nearest park, library, shopping center and the like, addressing any predictable problems or concerns relative to the use of those facilities;

(d)

A license or evidence of ability to obtain a license from the appropriate governmental agency, if such is required. Prior to the issuance of a final certificate of occupancy, the applicant shall provide evidence that a valid license has been issued or is obtainable for the proposed special use on the subject property. When a license is not required of the applicant by a governmental agency, a written affidavit shall be presented as part of the application by the governmental agency to which that applicant has accountability stating that a license is not required. The affidavit shall further state and describe procedures that have been established in lieu of licensing to ensure that the governmental agency can exercise in this regard;

(e)

A copy of the operational and occupancy standards that shall be used in establishing the facility; and

(f)

Site plans showing the location of all structures, floor plan, exterior elevations including driveway access, landscaping, off-street parking, recreational and open space facilities, as well as other pertinent information the Commission may require. Such plans shall include evidence that the proposed use of the site shall be compatible with the present physical character of the neighborhood from the standpoint of noise, lights, congestion or traffic generation.

(Ord. 83-O-123, Passed 6-20-83)

(a)

Every room occupied for sleeping purposes within the home shall contain a minimum of 80 square feet of habitable room area for one occupant, and when occupied by more than one individual shall contain at least 60 square feet of habitable room area for each occupant. No facility shall use living rooms, dining rooms, entry ways, closets, corridors, outside porches, unfinished basements or unfinished attics as sleeping rooms.

(b)

The residential care and social service facility shall provide not less than 25 square feet per person of suitable indoor recreational area and not less than 75 square feet of outdoor recreational open space per person, consolidated in a useful configuration and location on the side exclusive of required front and side yard and parking areas.

(c)

No exterior alterations of the structure shall be made which depart from the residential character of the building. All new structures shall be compatible in residential design with the surrounding neighborhood.

(d)

All exterior lighting fixtures shall be suitably directed and shaded wherever necessary to prevent any undesired lighting of adjoining residential properties.

(e)

Off-street parking requirements: one space per every three persons residing in a residential care and social service facility except for such facility prohibiting ownership or operation of automobiles by occupants of such facilities. In any case, suitably screened off-street parking shall be provided on a one-to-one ratio to the number of automobiles operated out of the facility. Within neighborhoods in which on-street parking is accepted practice, on-street space directly abutting the subject lot may substitute for a portion of the required off-street spaces if approved by the Planning Commission.

(Case 101, 6-29-87; Ord. 83-O-123, Passed 6-20-83)

No residential care and social service facility shall be located within 5,000 feet of any other such facility nor within 500 feet of any R-4, R-5, R-6, R-7 and R-PD Residential Districts.

(Ord. 83-O-123, Passed 6-20-83)

The Planning Commission shall approve the issuance of all permits for the operation of residential care and social service facilities for a period not to exceed one year for each application approved. These permits may be reviewed annually by the Zoning Officer after proper inspection. The permits are granted to the operator and are nontransferable.

(Case 13, 9-20-82; Case 39, 7-20-83; Case 101, 6-29-87; Ord. 83-O-123, Passed 6-20-83)

The following development standards shall apply, in addition to the applicable zoning district development requirements.

(a)

No new self-storage facilities shall be permitted.

(b)

Existing self-storage facilities are permitted to expand within the boundaries of the site limits as existing on the date of this amendment, subject to the requirements of this section.

(c)

No unit access doors of a self-storage facility building shall face any adjacent residentially zoned district. This design is commonly referred to as a "Fortress Design."

(Ord. No. 2024-O-2636, § 2, 6-10-24)