A.   Interpretation. For the purpose of this code, certain terms of words used herein shall be interpreted as follows.

         1.   The word “person” includes a firm, association, organization, partnership, trust, company, or corporation as well as an individual.

         2.   The present tense includes the future tense, the singular number includes the plural, and the plural number includes the singular.

         3.   The word “shall” is a mandatory requirement, the word “may” is a permissive requirement, and the word “should” is a preferred requirement.

         4.   The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.

         5.   The word “lot” includes the words “plot” or “parcel”.

   B.   Definitions. For the purpose of this code, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

      ACCESSORY USE OR STRUCTURE. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Structures include but are not limited to sheds, storage sheds, pool houses, unattached garages and barns.

      ADULT ENTERTAINMENT FACILITY. A facility having a significant portion of its function as adult entertainment which includes the following listed categories.

         1.   ADULT BOOK STORE. An establishment having as a substantial or significant portion of its stock-in-trade, books, magazines, and other periodicals which are distinguished or characterized by their emphasis on matter depicting or relating to specified sexual activities or specified anatomical areas as herein defined, or an establishment with a segment or section devoted to the sale or display of such material.

         2.   ADULT ENTERTAINMENT BUSINESS. Any establishment involved in the sale of services or products characterized by the exposure or presentation of specified anatomical areas or physical contact of live males or females, and which is characterized by salacious conduct appealing to prurient interest for the observation or participation in by patrons. Services or products included within the scope of ADULT ENTERTAINMENT BUSINESS are photography, dancing, reading, massage, and similar functions which utilize activities as specified above.

         3.   ADULT MINI MOTION PICTURE THEATER. A facility with a capacity for less than fifty (50) persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

         4.   ADULT MOTION PICTURE THEATER. A facility with a capacity of fifty (50) or more persons, used for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas, for observation by patrons therein.

         5.   MASSAGE. A method of treating or stimulating the external parts of the human body by rubbing, stroking, kneading, tapping, touching, or vibrating with the hand or any instruments for pay.

         6.   MASSAGE ESTABLISHMENTS. Any establishment having a fixed place of business where massages are administered for pay. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or physical therapist duly licensed by this state, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder.

         7.   SPECIFIED ANATOMICAL AREAS.

            a.   Less than completely and opaquely covered human genitals, pubic region, buttock, and female breasts below a point immediately above the top of the areola; and

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

         8.   SPECIFIED SEXUAL ACTIVITIES.

            a.   Human genitals in a state of sexual stimulation or arousal;

            b.   Acts, real or simulated, of human masturbation, sexual intercourse, sodomy, cunnilingus, or fellatio; and

            c.   Fondling or other erotic touching of human genitals, pubic region, buttock, or female breasts.

      AGRICULTURE. As used in R.C. §§ 303.02 to 303.25, AGRICULTURE includes farming; ranching; aquaculture meaning the farming of algae; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; and the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production.

      AIRPORT. Any runway, land area, or other facility designed or used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings, and open spaces.

      ALLEY. See THOROUGHFARE.

      ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, girders, or floor joists.

      ANEMOMETER. An instrument that measures the force and direction of the wind.

      ANIMAL UNIT. For purpose of this zoning resolution, an ANIMAL UNIT is a unit of measure used to compare the differences in the production of animal wastes which has as a standard the amount of waste produced on a regular basis by a slaughter steer or heifer. Slaughter steers and heifers are assigned the base unit of 1.0. The following multipliers are used in determining ANIMAL UNITS:

 

      ANTIQUE. A fine art object, artifact, implement, or household furnishing, over fifty (50) years old, which is characteristic of a specific area or country, or which has other historical and artistic significance.

      APARTMENT. A room or suite of rooms within an apartment house, arranged, intended, or designed to be used as a home or residence of the family with kitchen facilities for the exclusive use of the one family. APARTMENTS shall not be permitted to have outside doors to bedrooms.

      APPEAL. A request for review of the Floodplain or Zoning Administrator's interpretation of any provision of these regulations or a request for a variance.

      APPROPRIATE. Belonging peculiarly, or specially suitable.

      APPROVED. Sanctioned by the appropriate official as required by law (ordinance/resolution) so long as all provisions of these zoning regulations are met.

      AQUACULTURE. A form of agriculture that involves the propagation and rearing of aquatic species in controlled environments under private control, including but not limited to for the purpose of sale for consumption as food.

      ASSEMBLY. The joining together of completely fabricated parts to create a product.

      AUTOMOBILE AND TRAILER SALES AREA. An open area, other than a street, used for the display, sale, or rental of new or used automobiles or trailers, and where no repair work is done, except minor incidental repair of automobiles or trailers to be displayed, sold, or rented on the premises.

      AUTOMOBILE REPAIR GARAGE. A place where, along with the sale of engine fuels, the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles; collision service, such as body, frame, or fender straightening and repair; painting and undercoating of automobiles.

      AUTOMOBILE SERVICE STATION. A place where gasoline or any other automobile engine fuel (stored only in underground tanks), kerosene, or motor oil and lubricants or grease (for operation of automobiles) are retailed directly to public on premises; including sale of minor accessories and services for automobiles.

      AUTOMOTIVE WRECKING. The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the storage, sale, or dumping of dismantled, obsolete, or wrecked vehicles or their parts.

      AWNING. A rooflike cover extending over or in front of a place (as over a deck or in front of a door or window) as a shelter.

      BASE FLOOD. The flood having a one (1) percent chance of being equaled or exceeded in any given year. The BASE FLOOD may also be referred to as the ONE (1) PERCENT CHANCE ANNUAL FLOOD or 100-YEAR FLOOD.

      BASE (100-YEAR) FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in feet mean sea level (MSL). In Zone AO areas, the base flood elevation is the lowest adjacent natural grade elevation plus the depth number (from one (1) to three (3) feet).

      BASEMENT.  

         1.   A story all or partly underground but having at least one-half (1/2) of its height below the average level of the adjoining ground. See STORY.

         2.   For the purposes of § 814, floodplain overlay standards, a basement is any area of the building having its floor subgrade (below ground level) on all sides.

      BED AND BREAKFAST HOME. An existing single-family residence that provides one (1) to three (3) rooms (limited to two (2) persons or one (1) family per unit/room) for occasional paying guests on an overnight basis for periods not to exceed seven (7) days, with breakfast being available on premises at no additional cost.

      BOARD or BOARD OF ZONING APPEALS. The Board of Zoning Appeals of this county.

      BOARDING HOUSE, LODGING OR TOURIST HOUSE (ROOMING HOUSE). A building other than a hotel, where, for compensation and by prearrangement for definite periods, meals or lodging and meals are provided for three (3) or more persons, but not exceeding ten (10) sleeping rooms. A ROOMING HOUSE or a furnished room house shall be deemed a BOARDING HOUSE for the purposes of this code.

      BUILDABLE AREA. The space remaining on a zoning lot after the minimum open space requirements (coverage, yards, setbacks) have been met.

      BUILDING. A structure designed for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.

      BUILDING, ACCESSORY. A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

      BUILDING, ATTACHED. A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension of eight (8) feet or more. See BUILDING, SEMI-ATTACHED.

      BUILDING FRONTAGE. For the purposes of computation of number and area of signs permitted on buildings, in cases where lineal feet of building frontage is a determinant, the frontage of a building shall be computed as the horizontal distance across the front as nearly at ground level as computation of horizontal distance permits. In cases where the test is indeterminate or cannot be applied, as for instance where there is a diagonal corner entrance or where two (2) or more sides of a building have entrances of equal importance and carry approximately equal amounts of pedestrian traffic, the administrative official shall select building frontage on the basis of the interior layout of the building, traffic on adjacent streets, or other indicators available.

      BUILDING HEIGHT. The vertical distance of a building measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip, and gambrel roofs.

      BUILDING LINE. A line on a plat or the theoretical line on the ground, between which line and a street, alley, or driveway no principal building or structure may be erected.

      BUILDING, PRINCIPAL. A building in which is conducted the main or principal use of the lot where the building is situated and including areas such as garages, carports, and storage areas that are attached to the principal building.

      BUILDING, SEMI-ATTACHED. A building attached to another building by a common wall (such wall being a solid wall with or without windows and doors) and/or a common roof with a common horizontal dimension less than eight (8) feet. See BUILDING, ATTACHED.

      BULK PLANT. The portion of a property where flammable liquids are received by tank vessel, pipe line, tank car, or tank vehicle, and are stored or blended in bulk for the purpose of distributing such liquids by tank vessel, pipe line, tank car, tank vehicle, or container.

      BUSINESS, CONVENIENCE. Commercial establishments which cater to and can be located in close proximity to or within residential districts without creating undue vehicular congestion, excessive noise, or other objectionable influences. To prevent congestion, CONVENIENCE uses include but need not be limited to drug stores, beauty salons, barber shops, carry-outs, dry cleaning and laundry pickup facilities, and grocery stores, if less than ten thousand (10,000) square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.

      BUSINESS, GENERAL. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, also to supply the more durable and permanent needs of the whole community. GENERAL BUSINESS uses include but need not be limited to such activities as supermarkets; stores that sell hardware, apparel, footwear, appliances, and furniture; department stores; and discount stores.

      BUSINESS, HIGHWAY. Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend to serve the motoring public. HIGHWAY BUSINESS uses include but need not be limited to such activities as filling stations; truck and auto sales and service; restaurants and motels; and commercial recreation.

      BUSINESS, OFFICE TYPE. Quasi-commercial uses which may often be transitional between retail business and/or manufacturing, and residential uses. OFFICE BUSINESS generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, or religious or educational nature are also included in this classification.

      BUSINESS SERVICES. Any profit-making activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.

      BUSINESS, WHOLESALE. Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.

      CANOPY. A cloth, rooflike projection over an area or leading to an entrance.

      CARPORT. A roofed structure not more than seventy five (75) percent enclosed by walls and attached to the main building for the purpose of providing shelter for one (1) or more motor vehicles.

      CEMETERY. Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.

      CHANGE OF USE. The replacement of an existing use by a new use, or a change in the nature of an existing use, but not including a change of ownership, tenancy, or management where the previous nature of the use, line of business, or other function is substantially unchanged.

      CHANNEL. A natural or artificial watercourse of perceptible extent, with bed and banks to confine and conduct continuously or periodically flowing water.

      CHURCH. A building, together with its accessory buildings and uses, where persons regularly assemble for religious worship, and which, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship. Nursery, kindergarten, day care, and compulsory (grades 1-12) schools shall be permitted accessory use(s) to a CHURCH. 

      CLEAR FALL ZONE. An area surrounding the wind turbine unit into which the turbine and/or turbine components might fall due to inclement weather, poor maintenance, faulty construction methods, or any other condition causing turbine failure that shall remain unobstructed and confined within the property lines of the primary parcel where the turbine is located. The purpose of the zone being that if the turbine should fall or otherwise become damaged, the falling structure will be confined to the primary parcel and will not fall onto dwellings, any inhabited buildings, and will not intrude onto a neighboring property.

      CLINIC. A place for the care, diagnosis, or treatment of persons who are ailing, sick, infirm, or injured, or are in need of medical or surgical attention, but are not provided room, board, or kept overnight on the premises.

      CLUB. A building or portion thereof or premises owned or operated for social, literary, political, educational, or recreational purposes primarily for the exclusive use of members and their guests, but not operated for profit. Alcoholic beverages may be served to members and their guests, provided the service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale or service of alcoholic beverages is in compliance with all applicable federal, state, county, and local law.

      CLUSTER. A development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space, and/or preservation of environmentally sensitive features.

      CLUSTER SUBDIVISION. A form of development that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision or increase in the overall density of development, and the resultant land area is devoted to open space, recreation, preservation of environmentally sensitive areas, or agriculture. See figures below.

         Conventional Subdivision         Cluster Subdivision

         

      COMMERCIAL ENTERTAINMENT FACILITIES. Any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnivals, night clubs, cocktail lounges, and similar entertainment activities.

      COMMUNITY ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES. A facility which provides resident services to a group of individuals of whom one (1) or more are unrelated. These individuals are mentally ill, developmentally disabled, aged, or disabled, and/or are undergoing rehabilitation; and are provided services to meet their needs. This category includes uses licensed, supervised, or under contract by any federal, state, county, or other political subdivision. COMMUNITY ORIENTED RESIDENTIAL SOCIAL SERVICE FACILITIES include the following listed categories.

         1.   FOSTER CARE RESIDENTIAL FACILITIES. Homes or facilities in which some level of care and/or support is provided to the person residing in the facility who suffers from a mental or physical impairment, is undergoing transition from an institution to the community, or for whom other forms of care and support are inappropriate or unavailable. The facility is licensed by an appropriate local and/or state agency which is charged with program development for a specific population. This definition excludes all forms of independent living as well as rest homes, nursing homes, facilities housing more than sixteen (16) persons, residences housing one (1) or two (2) persons, and institutions.

            a.   FAMILY CARE HOMES. Residential facilities that provide room and board, and supervision in a family setting for from three (3) to five (5) persons (adults or children) who are mentally ill or have any form of developmental disability, or cannot reside with their natural family.

            b.   GROUP CARE HOMES. Residential facilities that provide the services of family homes for at least six (6) but not more than sixteen (16) persons (adults or children) who are mentally ill or have any form of developmental disability, or cannot reside with their natural family.

         2.   HALFWAY HOUSES. Residential homes for adolescents or adults who have been institutionalized through the criminal justice system and released or who have had alcohol or drug problems which make operation in society difficult and who require the protection of a group setting.

         3.   INTERMEDIATE CARE HOMES. Residential homes for children or adolescents who have been judged delinquent and have been assigned by a court to a residential home in lieu of placement in a correctional institution.

         4.   SOCIAL CARE HOMES. Residential homes for children or adolescents who lack social maturity or have emotional problems but who have not been judged delinquent by the criminal justice system. Residency may be permanent or transient.

      COMMERCIAL WIND ENERGY SYSTEM. A commercial wind energy system designed to sell energy that will generate less than 5 MW of energy governed by Preble County Zoning, or large or economically significant wind energy systems governed by Ohio Power Siting Board.

      COMPREHENSIVE DEVELOPMENT PLAN. A plan including all attachments adopted by the Board of County Commissioners describing both graphically and narratively the existing physical characteristics of the county as well as a proposed generalized land use pattern for the future. A major portion of the plan consists of recommended policies to guide the development of major types of land use, thoroughfares, and other pertinent public facilities as well as the preservation of major aspects of the county’s environmental resources.

      CONCEALED LIGHT SOURCE. An artificial light intended to illuminate the face of a sign, buildings, structure, or area, which light is shielded from the public view and from the adjoining properties.

      CONDITIONAL USE. A use permitted within a district other than a principally permitted use, requiring a CONDITIONAL USE permit and approval of the Board of Zoning Appeals that all prior conditions for approval have been met. Under this provision, the applicant must submit plans of the proposed development and if approved must follow those plans exactly or re-apply for a permit before deviating from that plan.

      CONDOMINIUM. Same as DWELLING, MULTIPLE FAMILY [MULTIFAMILY] where each family owns its own dwelling unit, but where the common areas of the building and site are owned and maintained jointly by the occupants.

      CONGREGATE HOUSING. A licensed housing facility arrangement for more than three (3) elderly persons who are independent adults where at least meal services are provided. Other services provided to the residents from within the home may include transportation and housekeeping. Personal assistance or care is not provided.

      CONSTRUCTION, BEGINNING OF. The utilization of labor and/or materials on the footings, foundations, walls, roofs, and other portions of the building or structure.

      CONVALESCENT OR NURSING HOME. An establishment which specializes in providing necessary services to those unable to care for themselves.

      CORNER LOT. See LOT TYPES.

      COUNTY. Preble County, Ohio.

      COURT. An uncovered space, other than a yard, on the same parcel as the building and bounded on three (3) sides by such building, walls, or fences.

      COVENANT. A private legal restriction on the use of land, contained in the deed to the property or otherwise formally recorded. There may be certain legal requirements for formal establishment of a COVENANT such as a written document, a mutual interest in the property, that the COVENANT be concerned with the use of the land rather than individual characteristics of ownership, etc. COVENANTS are most commonly used in the establishment of a subdivision to restrict the use of all individual lots in the development to a certain type of use, e.g., single-family dwellings. They are also used in rezoning situations, where contract or conditional zoning is permitted, to bind the landowner to use his property in a specific manner. Finally, they have been used by some communities. e.g., Houston, Texas, to accomplish through private restrictions most of what zoning does through governmental action.

      COVERED. A space roofed or permanently covered by a structure having less than fifty (50) percent open penetration to the sky.

      COWLING. A streamlined removable cover that encloses the turbine’s nacelle.

      CRITICAL DEVELOPMENT. That development which is critical to the community's public health and safety, are essential to the orderly functioning of a community, store or produce highly volatile, toxic or water-reactive materials, or house occupants that may be insufficiently mobile to avoid loss of life or injury. Examples of CRITICAL DEVELOPMENT include jails, hospitals, schools, fire stations, nursing homes, wastewater treatment facilities, water plants, and gas/oil/propane storage facilities.

      CUL-DE-SAC. See THOROUGHFARE.

      CURB CUT. The opening along the curb line at which point vehicles may enter or leave the roadway.

      DAY CARE CENTER. A facility licensed by the state for daytime care of more than six (6) persons. This term includes nursery schools, preschools, and similar facilities.

      DAY CARE HOME. Use of a dwelling unit or portion thereof licensed by the state from daytime care of up to six (6) persons, including children through age sixteen (16) within the family occupying such dwelling unit. This term includes nursery schools, preschools, and similar facilities.

      DEAD-END STREET. See THOROUGHFARE.

      DECIBEL. A unit of relative loudness equal to ten times the common logarithm of the ratio of two readings. For sound, the decibel scale runs from zero for the least perceptible sound to 130 for sound that causes pain.

      DECK. A wooden, flat-floored, roofless area.

      DENSITY. A unit of measurement; the number of dwelling units per acre of land.

         1.   GROSS DENSITY. The number of dwelling units per acre of the total land to be developed.

         2.   NET DENSITY. The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.

      DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under this resolution to effect the development of land.

      DEVELOPMENT. Any human-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

      DEVELOPMENT PLAN. See SITE PLAN.

      DISABLED VEHICLE.  Any vehicle that has a current license and title that is not in operable condition.

      DISTRICT. A portion of the unincorporated area of the township within which certain regulations and requirements or various combinations thereof apply under the provisions of this code.

      DOG KENNEL, COMMERCIAL. The keeping of any dog or dogs, regardless of number, for sale, breeding, boarding, or treatment purposes, except in an animal hospital or dog beauty parlor, as permitted by these regulations; or the keeping of five (5) or more dogs, six (6) months or older, on premises used for residential purposes.

      DOMESTIC SERVANT. A person who performs gardening, chauffeuring, and/or similar domestic full-time duties for one (1) family and has no other employment.

      DRIVE-IN. A business establishment so developed that its retail or service character is dependent on providing a driveway approach or parking spaces for motor vehicles so as to serve patrons while in the motor vehicle, or within a building or structure on the same premises and devoted to the same purpose as the DRIVE-IN service.

      DWELLING. Any building or structure (except a house trailer or mobile home as defined by R.C. § 4501.01) which is wholly or partly used or intended to be used for living or sleeping by one (1) or more human occupants.

      DWELLING, INDUSTRIALIZED UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and when installed, constitutes a dwelling unit, except for necessary preparations for its placement, and including a modular or sectional unit but not a mobile home.

         1.   The structure is affixed to a permanent foundation and is connected to appropriate facilities;

         2.   The structure, excluding any addition, has a width of at least twenty two (22) feet at one point, a length of at least twenty two (22) feet at one point, and a total living area of at least fourteen hundred (1,400) square feet, excluding garages, porches, or attachments;

         3.   The structure has a minimum 3:12 residential roof pitch, conventional residential siding, and a six (6) inch minimum eave overhang, including appropriate guttering;

         4.   The structure was manufactured after January 1, 1995;

         5.   The structure is not located in a manufactured home park.

      DWELLING, MOBILE HOME. A detached residential dwelling unit designed for transportation after fabrication on streets or highways on its own wheels or on flatbed or other trailers, and arriving at the site where it is to be occupied as a dwelling complete and ready for occupancy except for minor and incidental unpacking and assembly operations, location on jacks or other temporary or permanent foundations, connections to utilities, and the like. Such units are distinguished from manufactured homes by the fact that they were built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974 being 42 U.S.C. §§ 5301 et seq., which became effective June 15, 1976. In many cases, mobile homes were built to a voluntary industry standard of the American National Standards Institute (ANSI A119.1, Standards for Mobile Homes).

      DWELLING, MULTIFAMILY. A dwelling consisting of three (3) or more dwelling units including condominiums with varying arrangements of entrances and party walls. MULTIFAMILY HOUSING may include public housing and industrialized units.

      DWELLING, ROOMING HOUSE (BOARDING HOUSE, LODGING HOUSE, DORMITORY). A dwelling or part thereof, other than a hotel, motel, or restaurant, where meals and/or lodging are provided for compensation, for three (3) or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.

      DWELLING, SINGLE-FAMILY. A dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

      DWELLING, TWO-FAMILY. A dwelling consisting of two (2) dwelling units which may be either attached side-by-side or one above the other, and each unit having a separate or combined entrance or entrances.

      DWELLING UNIT. Space, within a dwelling, comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by only one (1) family and its household employees.

      EARTH STATIONS. See SATELLITE SIGNAL RECEIVER.

      EASEMENT. Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

      EDUCATIONAL INSTITUTION. See SCHOOL.

      EFFICIENCY. An apartment consisting of a combination living room and bedroom and small auxiliary rooms such as kitchenette, breakfast room, and bath arranged so as to consist of not more than one (1) habitable room.

      ELDERLY HOUSING FACILITY. A building or buildings containing twelve (12) or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid care, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semi-independent living. For the purposes of this definition, ELDERLY HOUSING FACILITY shall not include convalescent homes, nursing homes, group residential facilities, or homes for the aged.

      ELDERLY PERSON. Any person who is sixty two (62) years of age or older.

      EMINENT DOMAIN. The legal right of government to acquire or “take” private property for public use or public purpose upon paying just compensation to the owner. While originally used only when land was to be kept in public ownership, i.e., for highways, public buildings, or parks, property has been condemned under EMINENT DOMAIN powers for private use in the public interest such as urban renewal. See also POLICE POWER.

      EMPLOYEE. A person employed permanently; this shall not mean temporary or seasonal employees.

      ENCLOSED. A covered space fully surrounded by walls, including windows, doors, and similar openings or architectural features, or an open space of less than one hundred (100) square feet surrounded by building or walls exceeding eight (8) feet in height.

      ENCLOSURE BELOW THE LOWEST FLOOR. See LOWEST FLOOR.

      ERECTED. Includes built, constructed, altered, reconstructed, moved upon, or any physical operations on the premises which are required for the construction. Excavation, fill drainage, and the like shall be considered a part of ERECTION.

      ESSENTIAL SERVICES. The erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith, which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.

      EXECUTIVE ORDER 11988 (FLOODPLAIN MANAGEMENT). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

      FABRICATION. The stamping, cutting, assembling, or otherwise shaping the processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.

      FAMILY. A person or group of persons occupying a single dwelling unit and living as a housekeeping unit, as distinguished from a group occupying a hotel or motel as herein defined.

      FARM. All of the contiguous neighboring or associated land operated as a single unit on which bona fide farming is carried on directly by the owner, operator, manager, or tenant farmer, by his own labor or with the assistance of members of his household or hired employees; provided, however, that land to be considered a FARM hereunder shall include a continuous parcel of twenty (20) acres or more in area; provided, further, FARMS may be considered as including establishments operated as bona fide greenhouses, nurseries, orchards, chicken hatcheries, poultry farms, and apiaries; but establishments keeping or operating more than five (5) head of livestock, fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits, shall not be considered FARMS hereunder unless combined with bona fide farm operations on the same continuous tract of land. No FARMS shall be operated as commercial feed lots, or for the disposal of garbage, sewage, or sewage byproduct (except under provisions enforced under conditional use review where pertinent), rubbish, offal, or rendering plants, or for the slaughtering of animals, except such animals for the use and consumption by persons residing on the premises.

      FARMING. The act or business of cultivating land, producing crops, and/or keeping of livestock.

      FARM VACATION ENTERPRISES (PROFIT OR NONPROFIT). Farms adapted for use as vacation farms, picnicking and sport areas, fishing waters, camping, scenery and nature recreation areas; hunting areas; hunting preserves and watershed projects.

      FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

      FEED LOT. Land used for confining and feeding of livestock not connected with general farming for mass production for marketing.

      FENCE. Any enclosing structure other than part of a building of sufficient strength and dimensions to prevent straying from within or intrusion from without.

      FENCE, HEIGHT OF. The vertical distance between the grade of the ground upon which located and the top of the fence.

      FILING FEE. A fee established by the Board of County Commissioners of this county charged to an applicant to cover the administrative cost to process an application, including but not limited to a zoning permit, rezoning or amendment to the zoning resolution, request for conditional use, variance, or an appeal.

      FILL. A deposit of earth material placed by artificial means.

      FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

         1.   The overflow of inland or tidal waters; and/or

         2.   The unusual and rapid accumulation or runoff of surface waters from any source.

      FLOOD HAZARD BOUNDARY MAP (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

      FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

      FLOOD INSURANCE RISK ZONES. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

      FLOOD INSURANCE STUDY (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on flood boundary and floodway maps), and the water surface elevations of the base flood.

      FLOODPLAIN. The land, including the flood fringe and the floodway, subject to inundation by the regional flood.

      FLOOD PROTECTION ELEVATION (FPE). The FLOOD PROTECTION ELEVATION, or FPE, is the base flood elevation plus two (2) feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the FLOOD PROTECTION ELEVATION can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

      FLOOD, REGIONAL. Large floods which have previously occurred or which may be expected to occur on a particular stream because of like physical characteristics. The REGIONAL FLOOD generally has an average frequency of the one hundred (100) year recurrence interval flood.

      FLOODWAY.  

         1.   The channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A FLOODWAY is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one (1) foot at any point within the community.

         2.   The FLOODWAY is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

      FLOODWAY FRINGE. The portion of the floodplain, excluding the floodway, where development may be allowed under certain restrictions.

      FLOOR AREA. For the purposes of computing the minimum allowable FLOOR AREA in a residential dwelling unit, the sum of the horizontal areas of each story of the building shall be measured from the interior faces of the exterior walls. The FLOOR AREA measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways, and enclosed and unenclosed porches, except basement areas designed and used for dwelling or business purposes.

      FLOOR AREA (FOR THE PURPOSE OF COMPUTING PARKING). The area used for or intended to be used for the sale of merchandise or services, or for use to serve patrons, clients, or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, such as hallways, stairways, and elevator shafts, or for utilities or sanitary facilities, shall be excluded from this COMPUTATION OF FLOOR AREA. Measurements of usable FLOOR AREA shall be the sum of the horizontal areas of the several floors of the building, measured from the interior faces of the exterior walls.

      FLOOR AREA, GROSS. The sum of the gross horizontal areas of all the several floors of a building or buildings, including interior balconies and mezzanines. All horizontal measurements are to be made between the exterior faces of walls, including the walls of roofed porches having more than one (1) wall. The GROSS FLOOR AREA of a building shall include the floor area of accessory buildings on the same lot, measured the same way.

      FLOOR AREA, NET. The sum of the gross horizontal area measured between the interior faces of exterior walls of the several floors of a building and accessory buildings, including interior balconies, mezzanines, retail or wholesale floor areas, basements, cellars, and surrounding open spaces used in conjunction with the building and accessory buildings, but excluding interior walls, enclosed hallways, wells, shafts, lavatories, furnace rooms, janitor supply rooms or closets, accessory store rooms, and roofed porches, patios, and carports enclosed by less than three (3) walls.

      FLOOR AREA RATIO. The quotient of the gross floor area of all buildings on a lot or parcel divided by the area of said lot or parcel.

      FOOD PROCESSING. The preparation, storage, or processing of food products. Examples of these activities include bakeries, dairies, canneries, and other similar businesses.

      FREEBOARD. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. FREEBOARD tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

      FRONTAGE. See LOT FRONTAGE.

      GARAGE, PRIVATE. An accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats, and similar vehicles owned or used by the occupants of the building to which it is accessory.

      GARAGE, SERVICE. Any premises used for the storage or care of motor-driven vehicles, or where any such vehicles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

      GARBAGE. The animal and vegetable waste resulting from the handling, preparation, cooking, and/or consumption of food.

      GARDEN APARTMENTS. A multistory, walk-up apartment building, usually grouped around a common open space, with off-street parking provided on the periphery of the site.

      GARDENING. The cultivation of fruits, vegetables, flowers, or other plant materials.

      GRADE, BUILDING. The elevation which is the average of the highest and lowest elevation of the ground along that facade of the building or structure which is nearest the street.

      GRADE, STREET. The elevation at the crown of the street on a line perpendicular to midpoint of the front property line of the lot, parcel, or tract.

      HEALTH DEPARTMENT. The County Health Board.

      HISTORIC AREA. A district or zone designated by a local authority, state, or federal government within which the buildings, structures, appurtenances, and places are of basic and vital importance because of their association with history, or because of their unique architectural style and scale, including materials, proportion, form, and architectural detail, or because of their being a part of or related to a square, park, or area the design or general arrangement of which should be preserved and/or developed according to a fixed plan based on cultural, historical, or architectural motives or purposes.

      HISTORIC STRUCTURE. Any structure that is:

         1.   Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

         2.   Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

         3.   Individually listed on the state’s inventory of historic places maintained by the State Historic Preservation Office; or

         4.   Individually listed on the inventory of historic places maintained by the county whose historic preservation program has been certified by the State Historic Preservation Office.

      HOME OCCUPATION. Any occupation operated in its entirety within the principal dwelling and only by the person or persons maintaining a dwelling therein; not having a separate entrance from outside the building; not involving alteration or construction not customarily found in dwellings; not utilizing more than twenty five (25) percent of the total actual floor area of any one (1) story; not utilizing any equipment except that which is used normally for purely domestic or household purposes; no evidence of the HOME OCCUPATION except for one (1) unanimated, non-illuminated nameplate having an area of not more than one (1) square foot.

      HOSPITAL. A facility providing medical, psychiatric, or surgical services for sick or injured persons primarily on an inpatient basis, and including ancillary services for outpatient and emergency treatment, training, research, administration, and services to patients, employees, and visitors.

      HOTEL. A structure containing five (5) or more guest rooms with access usually from a common hallway.

      HOUSE, GROUPED. A group of two (2) or more detached or semi-attached dwelling units or apartment structures usually separated by a court or courts used in common by the inhabitants thereof.

      HOUSE, GUEST. Living quarters within a semi-attached or detached accessory building located on the same premises with the principal building for use by guests of the occupants of the premises, and not rented or otherwise used as a separate dwelling unit.

      HOUSE, ROW. Three (3) or more dwelling units usually arranged in a row and joined by party walls.

      HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS. An analysis performed by a professional engineer, registered in this state, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

      INDUSTRIAL UNIT. An assembly of materials or products comprising all or part of a total structure which, when constructed, is self-sufficient or substantially self-sufficient and, when installed, constitutes a dwelling unit except for necessary preparations for its placement and including a modular or sectional unit but not a mobile home.

      INOPERABLE VEHICLE. A vehicle mechanically and/or legally (including all unlicensed vehicles) incapable of being driven. Excluded from this definition are antique and classic cars and trucks undergoing restoration; and vehicles used as primary daily household transportation that are temporarily inoperable on an emergency or unforeseen basis. The latter shall be limited to a time period of seventy two (72) hours if the vehicle is parked outside on private property, or twenty four (24) hours if parked on a public street.

      INSTITUTION. Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or correctional services.

      INTENSIVE AGRICULTURAL USE. Agricultural activities which typically are associated with one or more of the following impacts: strong offensive odors, substantial runoff, large concentrations of animal waste, noise, and/or extensive use of chemical, compost, and manure piles. INTENSIVE AGRICULTURAL USES include but are not necessarily limited to:

         a.   Slaughter areas;

         b.   Areas for the storage or processing of manure, or garbage; or

         c.   Structures housing more than fifty (50) animal units. (A farm is allowed to have no more than two (2) animal units per acre at any one time.)

      JUNK. Goods, materials, or objects that are so worn, deteriorated, or obsolete as to make them unusable in their existing condition, and/or which are subject to being dismantled or processed for reuse.

      JUNK MOTOR VEHICLE. Any motor vehicle three (3) years old, or older; extensively damaged, such damage including but not limited to any of the following: missing wheels, tires, motor, or transmission; apparently inoperable; having a fair market value of four hundred dollars or less, left uncovered in the open on private property for more than seventy two (72) hours.

      JUNK YARDS. An open area where waste, used, or secondhand materials are bought and sold, exchanged, stored, baled, packed, disassembled, or handled, including but not limited to scrap iron and other metals, paper, rags, rubber tires, and bottles. A JUNK YARD includes automobile wrecking yards and includes any area of more than two hundred (200) square feet for storage, keeping or abandonment of junk, but does not include uses established entirely within enclosed buildings.

      KENNEL. Any lot or premises used for the sale, boarding, or breeding of dogs, cats, or other household pets. KENNEL shall also mean the keeping of, or in, any lot or building of five (5) or more dogs, cats, or other household pets which are over the age of six (6) months.

      KITCHEN. An area intended and equipped for the preparation of food.

      LABORATORY. A building or part of a building devoted to testing and analysis of any material or substance.

      LANDSCAPING. The grading and planting of grass, shrubs, and trees.

      LAND USE PLAN. See COMPREHENSIVE DEVELOPMENT PLAN.

      LAUNDROMAT. An establishment providing washing, drying, ironing, or dry cleaning machines for hire to be used by customers on the premises.

      LINE, PROPERTY. The boundary of any lot, parcel, or tract, as the same is described in the conveyance to the owner, and shall not include the streets or alleys upon which the said lot, parcel, or tract may abut.

      LOADING SPACE, OFF-STREET. Space logically and conveniently located for bulk pickups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required OFF-STREET LOADING SPACE is not to be included as off-street parking space in computation of required off-street parking space. All OFF- STREET LOADING SPACES shall be located totally outside of any street or alley right-of-way.

      LOCATION MAP. See VICINITY MAP.

      LOT. A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such LOT shall have frontage on an improved public street, or on an approved private street, and may consist of:

         1.   A single lot of record;

         2.   A portion of a lot of record; or

         3.   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

      LOT COVERAGE. The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.

      LOT FRONTAGE. The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under the definition of yards in this section.

      LOT LINES. The lines bounding a lot as defined herein.

         1.   FRONT LOT LINE. In the case of an interior lot, that line separating said lot from the right-of-way side line. In the case of a corner lot or double frontage lot, the line separating said lot from either right-of-way side line.

         3.   SIDE LOT LINE. Any lot line other than the front lot line or rear lot line. A SIDE LOT LINE separating a lot from a street is a side street lot line. A SIDE LOT LINE separating a lot from another lot or lots is an interior side lot line.

      LOT MEASUREMENTS. A lot shall be measured as follows:

         1.   DEPTH. The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear; and

         2.   WIDTH. The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.

      LOT, MINIMUM AREA OF. The area of a lot is computed exclusively of any portion of the right-of-way of any public or private street.

      LOT OF RECORD. A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.

      LOT TYPES. Terminology used in this code with reference to corner lots, interior lots, and through lots is as follows.

         1.   CORNER LOT. A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a CORNER LOT if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred thirty five degrees.

         2.   INTERIOR LOT. A lot with only one (1) frontage on a street.

         3.   REVERSED FRONTAGE LOT. A lot on which frontage is at right angles to the general pattern in the area. A REVERSED FRONTAGE LOT may also be a corner lot.

         4.   THROUGH LOT. A lot other than a corner lot with frontage on more than one (1) street. THROUGH LOTS abutting two (2) streets may be referred to as double frontage lot.

   Diagram Illustrating the Various Types of Lots

      LOWEST FLOOR. The LOWEST FLOOR of the lowest enclosed area (including basement) of a structure. This definition excludes an enclosure below the lowest floor which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that the enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the LOWEST FLOOR.

      MACHINE SHOP. A structure containing machinery for the manufacture, modification, or repair of metal goods and equipment.

      MAINTENANCE AND STORAGE FACILITIES. Land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.

      MAJOR THOROUGHFARE. An arterial street which is intended to serve as a large-volume traffic way for both the immediate area and the region beyond, and may be designated as a MAJOR THOROUGHFARE, parkway, freeway, expressway, or equivalent term to identify those streets comprising the basic structure of the street plan. Any street with a width, existing or proposed, of eighty (80) feet shall be considered a MAJOR THOROUGHFARE.

      MAJOR THOROUGHFARE PLAN. The portion of the comprehensive plan adopted by the County Planning Commission indicating the general location recommended for arterial, collector, and local thoroughfares within the appropriate jurisdiction.

      MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term MANUFACTURED HOME does not include a recreational vehicle. For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in R.C. Chapter 4781.

      MANUFACTURED HOME PARK. As specified in the Ohio Adm. Code 4781-12-01(K), a MANUFACTURED HOME PARK means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three (3) or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority. MANUFACTURED HOME PARK does not include any tract of land used solely for the storage or display for sale of manufactured homes.

      MANUFACTURING, EXTRACTIVE. Any mining, quarrying, excavating processing, storing, separating, cleaning, or marketing of any mineral natural resource.

      MANUFACTURING, HEAVY. Manufacturing, processing, assembling, storing, testing, and similar industrial uses which are generally major operations and extensive in character; require large sites, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as smoke, noise, vibration, dust, glare, air pollution, and water pollution, but not beyond the district boundary.

      MANUFACTURING, LIGHT. Manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

      MASTER PLAN. See COMPREHENSIVE DEVELOPMENT PLAN.

      MEGAWATT. A unit of power, equal to one million watts.

      MINING. The purpose or business of extracting solids such as coal, minerals, or ores, liquids such as crude petroleum, and gases, such as natural gas, from the earth. The term also includes quarrying, well operation, milling, such as crushing, screening, washing, and flotation, and other preparation customarily done at the mine site or as part of a MINING activity.

      MOBILE HOME. A prefabricated detached residential dwelling unit, complete and ready for occupancy except for minor and incidental unpacking and assembly operations, designed for transportation on streets and highways on its own wheels or on flatbed or other trailers. Arriving at the site where it is to be occupied, it is placed on jacks or other foundations and connected to utilities. The term MOBILE HOME does not include modular dwellings intended for assembly on site and not designated for subsequent or repeated relocation, nor recreational vehicles as defined within this code.

      MOBILE HOME PARK. Any site or tract of land under single ownership, upon which two (2) or more mobile homes used for habitation are parked, either free of charge, or for revenue purposes; including any roadway, building structure, vehicle, or enclosure used or intended for use as a part of the facilities of such park.

      MODULAR HOUSING. An assembly of materials or products comprising all or part of a total residential structure which, when constructed, is permanent and self-sufficient, or substantially self- sufficient; and when installed, constitutes a dwelling unit except for necessary on-site preparations for its placement. Modular constructed units shall be considered as conventional dwelling units for purposes of this code.

      MOTEL. A series of attached, semi-detached, or detached rental units containing a bedroom, bathroom, and closet space. Units shall provide for overnight lodging and are offered to the public traveling by motor vehicle.

      NACELLE. Sits atop the tower and contains the essential mechanical components of the turbine to which the rotor is attached.

      NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The NFIP is a federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the federal government will make flood insurance available within the community as a financial protection against flood loss.

      NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the effective date of a floodplain regulation adopted by Preble County and includes any subsequent improvements to such structures. For the purposes of determining insurance rates, structures for which the "start of construction" commenced on or after the effective date of an initial FIRM [April 15, 1981] and includes any subsequent improvements to such structures.

      NONCONFORMITIES. A building lot, structure, or use of land existing at the time of enactment of this code, and which does not conform to the regulations of the district or zone in which it is situated.

      NUISANCE. Anything that interferes with the use or enjoyment of property, endangers personal health or safety, or is offensive to the senses. There are many types of nuisances, and the law can be invoked to determine when, in fact, a nuisance exists and should be abated. NUISANCE law forms part of the basis for zoning. The separation of uses through zoning, e.g., industrial from residential, helps to foster the enjoyment of residential areas free from pollution, noise, congestion, and the other characteristics of industrial areas. Performance standards, which are better able to measure degree of NUISANCE, have been developed as a way of dealing with activities by the way they perform, rather than as classes.

      NURSERY.

         1.   PLANT MATERIAL. A space including accessory building or structure for the growing or storage of live trees, shrubs, or plant materials not offered for retail sale on the premises, including products used for gardening or landscaping.

         2.   RETAIL. A space including accessory building or structure, or combination thereof, for the storage of live trees, shrubs, or plants offered for retail sale on the premises, including products used for gardening or landscaping.

      NURSING HOME. An extended or intermediate care facility licensed or approved to provide full-time convalescent or chronic care to individuals who, by reason of advanced age, chronic illness, or infirmity, are unable to care for themselves.

      OCCUPANCY. The use of land and/or buildings or portions thereof.

      OCCUPANCY PERMIT. A document issued by the Zoning Inspector authorizing use of the premises after determination that the use, structure, etc. are in conformity with the respective zoning regulations concerning the particular premises.

      OPEN SPACES. An area substantially open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, and tennis courts, and may include other recreational facilities of a similar nature and intent. Streets, parking areas, structures for habitation, and the like shall not be included.

      OWNER. Any person who, alone or jointly or severally with others, shall have legal title to any land or structure, with or without accompanying actual possession thereof; or shall have charge, care, or control of any land or structure as owner or agent of the owner; or as executor, administrator, conservator, trustee, or guardian of the estate of the OWNER. Any such person thus representing the actual OWNER shall be bound to comply with the provisions of this code and of rules and regulations adopted pursuant thereto, to the same extent as if he were the OWNER.

      PARCEL. A lot or tract, or contiguous groups or portions of such lots and/or tracts shown on the Assessor’s roll of the county, or contiguous area of land under legal control of any one person, partnership, firm, corporation, syndicate, agency, or institution. See also definitions of LOT and TRACT.

      PARKING. The assembling or standing of motor vehicles for relatively temporary periods of time.

      PARKING AREA, OFF-STREET. The portion of a parcel that is designated for the parking of vehicles. OFF-STREET PARKING AREAS shall be so designed, maintained, and regulated in accordance to the provisions of this code so that no parking or maneuvering incidental to parking shall be on any public street, walk, or alley, and so that any automobile may be parked and unparked without moving another.

      PARKING, COMMERCIAL. Parking lots or structures open to the public and operated for a profit.

      PARKING, COMMUNITY. Parking lots or structures not open to the public but shared by several persons not residents on the premises.

      PARKING, PRIVATE. The parking of motor vehicles belonging to residents on the premises.

      PARKING SPACE, OFF-STREET. Consists of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.

      PATIO. An unroofed outdoor area, typically paved or cemented.

      PAVED SURFACE. A hard, smooth surface made principally of asphaltic concrete, portland cement, or brick that will bear travel.

      PERFORMANCE BOND or SURETY BOND. An agreement by a subdivider or developer with the county for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider’s agreement.

      PERFORMANCE STANDARDS. A minimum requirement or maximum allowable limit on the effects or characteristics of a use, usually written in the form of regulatory language. A building code, for example, might specify a PERFORMANCE STANDARD referring to the fire resistance of a wall, rather than specifying its construction materials. PERFORMANCE STANDARDS in zoning might describe allowable uses with respect to smoke, odor, noise, heat, vibration, glare, traffic generation, visual impact, and so on, instead of the more traditional classifications of “light” or “heavy” lists of uses. It is a more precise way of defining compatibility and at the same time is intended to expand developers’ options.

      PERMANENT. Continuing or enduring in the same state, place, or the like without marked change.

      PERMANENT OCCUPANCY. The use of land and/or structures or portions thereof for a period of one (1) month or longer.

      PERMIT. Written governmental permission issued by an authorized official empowering the holder thereof to do acts not forbidden by law, but not allowed without such authorization.

      PERSON. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in R.C. § 111.15(A)(2) as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the general assembly, the controlling board, the adjutant general's department, or any court.

      PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.

      PLANNED UNIT DEVELOPMENT. Land under unified control, planned and developed as a whole according to comprehensive and detailed plans, including streets, utilities, lots or building sites, site plans, and design principles for all buildings as intended to be located, constructed, used, and related to each other, and for other uses and improvements on the land as related to buildings. Development may be a single operation or a definitely programmed series of development operations including all lands and buildings, with a program for provision, operation, and maintenance of such areas, improvements, and facilities necessary for common use by the occupants of the development.

      PLANNING COMMISSION. The Planning Commission of the county.

      POLICE POWER. The authority of government to exercise controls to protect the public’s health, safety, morals, and general welfare. As distinct from eminent domain powers, in which government takes property, no compensation need be paid for the imposition of POLICE POWER controls. The degree to which such exercise becomes, in effect, a taking of property, is a question of long standing and has arisen again lately in connection with the restrictive growth management controls being imposed by many communities.

      POLICY. A statement or document of a public body that forms the basis for enacting legislation or making decisions. The POLICIES under which zoning resolutions are enacted and administered should be found in a community’s comprehensive plan. A common charge leveled at zoning bodies is that their decisions are ad hoc, i.e., they are made independent of one another and have no basis in publicly established POLICY.

      POLICY PLAN. A plan adopted by the Board of County Commissioners to serve as a guide for public decision making in regards to future development by establishing goals, objectives, and policies for the county.

      PORCH. A roofed or unroofed, unenclosed portion of a building projecting from the front, side, or rear wall of the building.

      PREMISES. A lot and all the use(s) conducted thereon.

      PRIMARY STRUCTURE. For each property, the structure that one or more persons occupy the majority of time on that property for either business or personal reasons. PRIMARY STRUCTURES include structures such as residences, commercial buildings, hospitals, and day care facilities. PRIMARY STRUCTURES exclude structures such as hunting sheds, storage sheds, pool houses, unattached garages, and barns.

      PROFESSIONAL ACTIVITIES. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.

      PROFESSIONAL ENGINEER. A qualified individual who is licensed as a Professional Engineer in the State of Ohio.

      PUBLIC HEARING. A meeting called by a public body for which public notice has been given and which is held in a place in which the general public may attend to hear issues and express their opinions.

      PUBLIC SERVICE FACILITY. The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned; or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewage services.

      PUBLIC USES. Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.

      PUBLIC UTILITY. See PUBLIC SERVICE FACILITY.

      PUBLIC WAY. An alley, avenue, bicycle path, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk; or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

      PUD. See PLANNED UNIT DEVELOPMENT.

      QUASI-PUBLIC USE. Churches, Sunday schools, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or nonprofit nature.

      RECREATION CAMP. An area of land on which two (2) or more travel trailers, campers, tents, or other similar temporary recreational structures are regularly accommodated with or without charge, including any building, structure, or fixture of equipment that is used or intended to be used in connection with providing such accommodations.

      RECREATION FACILITIES. Public or private facilities that may be classified as either “extensive” or “intensive” depending upon the scope of services offered and the extent of use. EXTENSIVE FACILITIES generally require and utilize considerable areas of land and include but need not be limited to hunting, fishing, and riding clubs and parks. INTENSIVE FACILITIES generally require less land (used more intensively) and include but need not be limited to miniature golf courses, amusement parks, stadiums, and bowling alleys.

      RECREATIONAL VEHICLE.  

         1.   A vehicle towed or self-propelled on its own chassis or attached to the chassis of another vehicle and designed or used for temporary dwelling, recreational or sporting purposes. The term RECREATION VEHICLE shall include but shall not be limited to travel trailers, pickup campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers.

         2.   For the purposes of § 814, floodplain overlay standards, a RECREATIONAL VEHICLE is a vehicle which is:

            a.   Built on a single chassis;

            b.   Four hundred (400) square feet or less when measured at the largest horizontal projection;

            c.   Designed to be self-propelled or permanently towable by a light duty truck; and

            d.   Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

      RESEARCH ACTIVITIES. Research, development, and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings, and no noise, smoke, glare, vibration, or odor shall be detected outside of said building.

      RESIDENTIAL CONVERSION. The physical modification of a residential structure to accommodate additional dwelling units as a part of the principal structure.

      RESTAURANT, CARRY-OUT. An establishment whose primary function is the offering of food and beverages which are sold only inside the building, and are usually packaged to be carried and consumed off of the premises, but may be consumed within the restaurant building or on the premises.

      RESTAURANT, DRIVE-IN. An establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.

      RESTAURANT, FAST-FOOD. An establishment whose principal business is the sale of food and/or beverages in a ready-to-consume state for consumption within the restaurant building; within a motor vehicle parked on the premises; or off the premises as carry-out orders; and whose principal method of operation includes the following characteristics: food and/or beverages are usually served in edible containers or in paper, plastic, or other disposable containers.

      RESTAURANT, TABLE SERVICE OR CAFETERIA-STYLE. An establishment whose principal business is the sale of food and/or beverages to customers in a ready-to-consume state, and whose principal method of operation includes one or both of the following characteristics:

         1.   Customers, normally provided with an individual menu, are served their foods and beverages by a restaurant employee at the same table or counter at which food and beverages are consumed; or

         2.   A cafeteria-style operation where food and beverages generally are consumed within the restaurant building.

      REST HOME. A commercial establishment which provides lodging, board, and personal services, other than medical or nursing care, for three (3) or more persons residing therein. This includes convalescent homes and homes for the aged, but does not include nursing homes, hospitals, or family or group homes.

      RETAIL. Sale to the ultimate consumer for direct consumption and/or use and not for resale.

      REZONING. An amendment to or a change in the zoning resolution. REZONING can take three (3) forms: (1) a comprehensive revision or modification of the zoning text and map; (2) a text change in zone requirements; and (3) a change in the map, i.e., the zoning designation of a particular parcel or parcels. The last, so-called small parcel REZONING, has often been used to add flexibility to the zoning process, usually unintentionally. (One form of text change, the importance of which may be unrecognized, is a change in a definition. For example, changing the definition of townhouses to include them under multifamily or single-family dwellings may significantly affect where and how they are permitted.) REZONINGS, like the enactment of the original resolution, are legislative acts that, except under rare and specifically defined circumstances, cannot be delegated to administrative officials.

      RIGHT-OF-WAY. A strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

      RIVERINE.  

         1.   Relating to, formed by, or resembling a river.

         2.   Living or situated on the banks of a river.

      ROW HOUSE. A row of three (3) or more attached, one-family dwellings, each built with similar architectural treatment, separated by vertical divisions termed party or lot line walls, and each having private entrances (usually both front and rear). Often called a TOWNHOUSE, which is a more modern term for ROW HOUSE.

      SALVAGE YARD. See JUNK YARD.

      SANITARIUM. See HOSPITAL.

      SATELLITE SIGNAL RECEIVER. Dish-type satellite signal receiving antennas, earth stations or ground stations, whether functioning as part of a basic service system, direct broadcast satellite system, or multi-point distribution service system, shall mean one, or a combination of two (2) or more of the following:

         1.   A signal receiving device such as a dish antenna whose purpose is to receive communications or signals from earth orbiting satellites or similar sources;

         2.   A low noise amplifier (LNA) whose purpose is to boost, magnify, store, transfer, or transmit signals; or

         3.   A coaxial cable whose purpose is to convey or transmit signals to a receiver.

      SCHOOL. The use of a premises for the frequent instruction, education, or part-time care of five (5) or more persons simultaneously. The number five (5) shall not include any member of a family residing on the premises.

         1.   Definitions.

            FREQUENT. School sessions occurring more than five (5) times during any 30-day period.

            PART-TIME CARE. The part-time care of children twelve (12) years of age or younger who do not reside on the premises.

         2.   Types.

            a.   School; nursery, kindergarten, day care. A school providing general daytime care and/or instruction for children twelve (12) years of age or younger which conducts no instructional programs certified by the State Board of Education as meeting the minimum educational requirements of the Ohio Revised Code for compulsory age children (ages six (6) to eighteen (18) years). Hours of operation shall be limited to the daytime hours between 6:00 a.m. and 9:00 p.m.

            b.   School; compulsory (Grades 1–12).  

               1)   A public or private, for-profit or not-for-profit school whose primary use is to conduct regular academic instruction and/or special substitute educational programs which are certified by the State Board of Education as meeting the minimum educational requirements of the Ohio Revised Code for compulsory-age children attending the school.

               2)   As a secondary use, the school may conduct optional community programs and activities involving persons of any age, such as but not limited to child day care, pre-kindergarten, evening classes, summer programs, recreational and cultural programs, and special events.

               3)   The Ohio Revised Code requires the education of all children of compulsory age (six (6) to eighteen (18) years of age).

            c.   School; college, university, or seminary.  

               1)   Public or other not-for-profit schools conducting regular academic instruction at the college level, including graduate schools, universities, community and junior colleges, colleges, nonprofit research institutions, seminaries, and religious institutions, and including related instructional and recreational uses with or without living quarters, dining rooms, restaurants, heating plants and other incidental facilities for students, teachers and employees. Such schools must either:

                  a)   Offer general academic instruction equivalent to the standards prescribed by the State Board of Education;

                  b)   Confer degrees as a college or university, junior college, or community college with undergraduate or graduate standing;

                  c)   Conduct research; or

                  d)   Give religious instruction.

               2)   This definition does not include schools, academies, or institutions, incorporated or otherwise, which operate for profit, nor does it include commercial, trade, or business schools.

            d.   School; trade, business, or other. A school operated for profit which teaches business, professional, or technical trades or skills, or a school not otherwise included within the provisions of this code.

      SCREENING. A physical barrier of living or non-living material that separates and/or obscures vision for a higher intensity land use to residential use.

      SEAT. For purposes of determining the number of off-street parking spaces for certain uses, the number of SEATS is the number of seating units installed or indicated, or each twenty four (24) lineal inches of benches, pews, or space for loose chairs.

      SEPTAGE. The waste or sewage in a septic tank.

      SETBACK LINE. The line that is the required minimum distance from a public right-of-way line or any other lot line that establishes the area within which the buildings, structures, parking areas, or other physical features of a parcel as stated by this code must be erected or placed.

      SEWAGE SLUDGE. The residue of a sewage treatment plant. SLUDGE, as used here, does not include septage, and includes but is not limited to the following:

         1.   ACTIVATED SLUDGE. Obtained in the secondary stage of the treatment plant by settling flocculated bacteria cells and other settleable materials that have been feeding on the soluble and suspended organic material in the sewage;

         2.   DEWATERED SLUDGE. Sludge which has been subjected to one of the following processes: vacuum filters, centrifuges, or filter presses. Usually between twenty (20) percent and thirty (30) percent solids;

         3.   DRIED SLUDGE. The produce of sand drying beds or dehydrators. Usually over thirty (30) percent solids;

         4.   PRIMARY SLUDGE. Raw sludge obtained in the primary stage of the treatment plant by collecting solids, both settled-out and floating;

         5.   STABILIZED SLUDGE. Primary and activated sludges which have been further treated in which the organic matter has been decomposed under aerobic or anaerobic conditions, or composting until the volatile content has been reduced to the point at which the solids are relatively nonputrescible and not offensive. Sludges may also be stabilized by thermal conditioning (wet oxidation) or lime stabilization; and

         6.   THICKENED SLUDGE. Produced by gravity, air flotation, chemical precipitation, and other processes that physically thicken it. Usually less than twenty (20) percent solids.

      SEWERS, CENTRAL OR GROUP. An approved sewage disposal system which provides a collection network and disposal system and central sewage treatment facility for a single development, community, or region.

      SEWERS, ON-SITE. A septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

      SIDEWALK. The portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

      SIGN. Any words, lettering, figures, numerals, phrases, sentences, devices, designs, pictures, symbols, or trademarks by which anything is made known, such as area used to designate a firm, an association, a corporation, a business, a service of a commodity or product, or any type of publicity, whether placed on natural objects or on a building, fence, or other human-made structure, which are visible from any public street or public road right-of-way.

      SIGN, ADVERTISING. A sign which directs attention to a business, product, activity, or service which is not conducted, sold, or offered upon the premises where such sign is located.

      SIGN, ANIMATED. Any sign having a conspicuous and intermittent variation in the physical position of any part of the sign.

      SIGN AREA.  

         1.   The entire area within a single continuous perimeter enclosing the extreme limits of writing, representation, emblem, or any figure of similar character together with any frame or other material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The necessary supports or uprights on which such sign is placed, not being advertising matter, shall not be included in computation of surface area.

         2.   The area of a sign having more than one display surface shall be computed as the total of the exposed exterior display surface area.

      SIGN, AWNING, CANOPY, OR MARQUEE. A sign that is mounted on or painted on or attached to an awning, canopy, or marquee.

      SIGN, BULLETIN BOARD. 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 the announcement of services or activities to be held therein.

      SIGN, BUSINESS. A sign which directs attention to a business, profession, service, product, or activity sold or offered upon the premises where such sign is located.

      SIGN, COMBINATION. Any sign incorporating any combination of freestanding, projecting, and/or roof signs.

      SIGN, CONSTRUCTION. A sign advertising the development or improvement of a property by a builder, contractor, or other person furnishing services, material, or labor to said premises, which sign is intended for a limited period of display and erected on the same lot as the work being done.

      SIGN, DIRECTIONAL. A sign directing vehicular or pedestrian movement onto a premises or within a premises.

      SIGN, DOMESTIC ADVERTISING. A sign advertising the sale of household goods previously used by an individual or his family, when such sign is located at the place or residence of the individual or family.

      SIGN, FACE. The surface of the sign upon, against, or through which the message of the sign is exhibited.

      SIGN, FLASHING. Any sign having a conspicuous and intermittent variation in the illumination of the sign.

      SIGN, FREESTANDING. A sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground.

      SIGN, GROUND. A freestanding sign supported by one (1) or more uprights, braces, or pylons located in or upon the ground, or something requiring location on the ground, including billboards or “poster panels”, so called.

      SIGN, HEIGHT. The vertical distance from the uppermost point used in measuring the area of the sign to the crown of the road on which the property fronts.

      SIGN, IDENTIFICATION. A sign located at or near the entrance to an industrial, business, or residential development which is necessary for the safety or convenience of motorists and which is therefore erected primarily in the public interest. An IDENTIFICATION SIGN shall consist only of the name of the development, appropriate decorative embellishments, and if necessary, a directional symbol.

      SIGN, ILLUMINATED. Any sign illuminated by electricity, gas, or other artificial light including reflecting or phosphorescent light.

         1.   INDIRECT ILLUMINATION. A light source not seen directly.

         2.   INTERNAL ILLUMINATION. A light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

      SIGN, INTERIOR. Signs located within a structure not intended to be seen from the exterior. Signs affixed to a window or the walls enclosing the display area behind a window, which are obviously intended for viewing from the exterior, shall be considered exterior signs.

      SIGN, LIGHT DEVICE. Any light, string of lights, or group of lights located or arranged so as to cause illumination on a sign.

      SIGN, NAMEPLATE. A sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying such building or premises.

      SIGN, ON-PREMISES. Any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.

      SIGN, POLITICAL. A sign which promotes, identifies, announces, opposes, or otherwise offers for public consideration any political candidate or issue, partisan or nonpartisan.

      SIGN, PROJECTING. A sign which is affixed to any building or part thereof, or structure, which extends beyond the building wall or parts thereof, or structure, by more than twelve (12) inches. A PROJECTING SIGN shall not include a ground sign as herein defined.

      SIGN, REAL ESTATE. A sign advertising for sale, lease, or rent the parcel or real estate on which the sign is located. Also, temporary directional signs less than four (4) square feet in message area displayed during the hours in which an “open house” showing of real property for sale, lease, or rent is actually being conducted shall be considered REAL ESTATE SIGNS, even though they may not be located on the parcel of real estate being advertised. “Sold” signs shall be considered commercial advertising signs.

      SIGN, ROOF. A sign erected upon or above a roof or parapet wall of a building or structure.

      SIGN, STRUCTURE. The supports, uprights, bracing, or framework for signs.

      SIGN, SUBDIVISION. A sign advertising the sale or development of subdivision lots, parcels, or tracts and erected upon the property being subdivided and advertised for sale.

      SIGN, TEMPORARY. A banner, pennant, poster display, or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, product, place, person, institution, organization, or business and is constructed of cloth, canvas, plastic sheet, cardboard, or other like materials and which is intended to be displayed for a limited period of time as determined by the Zoning Commission.

      SIGN, WALL. Any sign painted on, attached to, or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of said wall and extending not more than fifteen (15) inches from the face of the wall.

      SIGN, WARNING. Any sign indicating danger or a situation which is potentially dangerous.

      SIGN, WINDOW – PERMANENT. Any sign visible from the exterior of a building or structure which is painted, attached, glued, or otherwise affixed to a window or depicted upon a card, paper, or other material and placed on, taped on, or hung immediately behind the window or displayed from a window for the specific purpose of identifying the proprietor or name of business to the passer- by.

      SIGN, WINDOW – TEMPORARY. A sign visible from the exterior of a building or structure which is painted on a window; depicted upon a card, paper, or other material; or placed on, taped on, or hung immediately behind the window, or displaced from a window for the specific purpose of attracting attention of the passer-by to a sale, or to promotional items, or other products or services.

      SITE PLAN. A site or development plan shall refer 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.

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

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

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

         4.   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.

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

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

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

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

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

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

         11.   Other relevant information. Any additional relevant information requested by the county.

      SKETCH (CONCEPT; OUTLINE) PLAN OR PLAT. A generalized map that is prepared by a developer, usually before the pre-application conference, to let the developer/subdivider save time and expense in reaching agreement with the Planning Commission as to the form of the plan and the purposes of the regulations. Its purpose is simply to serve as a basis for discussion without either side making commitments.

      SPECIAL FLOOD HAZARD AREA. Also known as AREAS OF SPECIAL FLOOD HAZARD, it is land in the floodplain subject to a one (1) percent or greater chance of flooding in any given year.

         1.   SPECIAL FLOOD HAZARD AREAS are designated by the Federal Emergency Management Agency on flood insurance rate maps, flood insurance studies, flood boundary and floodway maps, and flood hazard boundary maps as Zones A, AE, AH, AO, A1-30, and A99. SPECIAL FLOOD HAZARD AREAS may also refer to areas that are flood prone and designated from other federal state of local sources of data, including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

         2.   Any area outside the FEMA-studied areas lying along blue-line streams as shown on the United States Department of Interior Geological Survey (hereafter referred to as “USGS”) quadrants of which this county is contained and/or areas with flood prone soils which are contiguous to blue-line streams as shown on the County Flood Prone Soils Map shall also be considered SPECIAL FLOOD HAZARD AREAS.

      SPOT ZONING. Zoning a relatively small area differently from the zoning of the surrounding area, usually for an incompatible use and to favor the owner of a particular piece or pieces of property. SPOT ZONING is invalidated by the courts when it violates “in accordance with a comprehensive plan”, is in the arbitrary and inappropriate nature of the change rather than, as is commonly believed, in the size of the area. SPOT ZONING often is a reason why many flexible techniques such as floating zones or conditional rezoning have been prohibited, the argument being that conferring narrow development permission is a form of SPOT ZONING. Special small area zoning districts, however, have been upheld where the comprehensive plan demonstrates a special need, such as for a historic area or to preserve a sensitive natural area. SPOT ZONING, in sum, can be legal or illegal, but lay persons generally think that it always is illegal and use the term loosely and with prejudice at public hearing when they oppose the change.

      STABLE, COMMERCIAL. A building with more than four (4) stalls for horses not owned by the owner of the stable.

      STABLE, PRIVATE. Any building, incidental to an existing residential principal use, that shelters a horse, a pony, a mule, a donkey, or other riding animal used for the exclusive use of the occupants of the premises.

      STACKING. The area of a parking lot used for the temporary storage of vehicles at ingress and egress points of a premises or drive-through aisles for uses such as drive-through banking, fast-food restaurants, and convenience stores.

      START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within one hundred eighty (180) days of the permit date. The ACTUAL START means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual START OF CONSTRUCTION means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

      STATEMENT OF INTENT (STATEMENT OF PURPOSE). A statement of policy or objectives, often incorporated in a zoning resolution, which outlines the broad purpose of the resolution and its relationship to the comprehensive plan; frequently, a statement preceding regulations for individual districts, which helps to characterize the districts, and their legislative purpose. When the application of particular district requirements is challenged in court, the courts rely on the INTENT STATEMENT in deciding whether the application is reasonable and related to a defensible public purpose. As zoning resolutions become more complex, with numerous special districts and flexible applications, STATEMENTS OF INTENT, which guide users, administrative officials, and the courts, are making more frequent appearances.

      STORY. The part of a building, except a mezzanine, included between the surface of one (1) floor and the surface of the next floor, or if there is no floor above, then the ceiling next above. A STORY thus defined shall not be counted as a STORY when more than fifty (50) percent, by cubic content, is below the height level of the adjoining ground.

      STREET. See THOROUGHFARE.

      STREET, CENTERLINE OF. The true centerline of a dedicated public right-of-way as determined by the County Engineer. Where such public right-of-way is curved, offset, angular, or any other questions arise, the County Engineer shall determine the alignment of the centerline.

      STREET RIGHT-OF-WAY. See RIGHT-OF-WAY.

      STREET WIDTH. The horizontal distance between right-of-way lines.

      STRIP ZONING.

         1.   A zone normally consisting of a ribbon of uses fronting both sides of an arterial roadway and extending inward for half a block. Strip commercial development is the most common form and occurs naturally everywhere. In suburban areas or along well traveled roads, it is usually characterized by an assortment of gas stations, drive-in and fast-food restaurants, motels, tourist shops, and some automobile sales and service operations. In fringe areas, such uses may be interspersed with a few farms and farm service outlets like feed distributors and large equipment sales; unlimited highway access to such uses severally reduces road-carrying capacity. And in older municipalities, strips of convenience stores and other retail stores are found scattered within residential neighborhoods.

         2.   STRIP ZONING is a recognition that since such development will not go away, its most irksome characteristics should be controlled. These include access, use limitations, parking, signs, some development standards, and occasionally, though seldom successfully, clustering requirements and aesthetic controls.

      STRUCTURE.  

         1.   A combination of materials to form a construction for use, occupancy, or ornamentation whether installed on, above, or below the surface of land or water, including but not limited to buildings, mobile homes, walls, fences, and ground signs.

         2.   For the purposes of § 814, floodplain overlay standards, a STRUCTURE is a walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

      STRUCTURE, PERMITTED. A structure meeting all the requirements established by these zoning regulations for the district in which the structure is located.

         1.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding general tax list and duplicate of real and public utility property, into two (2) or more parcels, sites, or lots, any one (1) of which is less than five (5) acres for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the following are exempt:

            (a)   A division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access:

            (b)   The sale or exchange of parcels between adjoining lot owners, where that sale or exchange does not create additional building sites:

         1.   Land is located along an existing public road;

         2.   No opening, widening, or extension of any road is involved;

         3.   No more than five (5) lots (after the original tract is completely subdivided as the original tract existed on February 13, 2006) are involved; and

         4.   The request for division is not contrary to platting, subdividing, zoning, health, sanitary or access management regulations.

      SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before the damage occurred.

      SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of the improvement. This term includes structures, which have incurred substantial damage, regardless of the actual repair work performed. The term does not, however, include:

         1.   Any project for improvement of a structure to correct existing violations of state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living conditions; or

         2.   Any alteration of a historic structure, provided that the alteration would not preclude the structure's continued designation as a historic structure.

      SUMMER KITCHEN. A small building or shed or screened-in room that is adjacent to the recreational vehicle and is used only in the summer.

      SUPPLY YARDS. A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.

      TAVERN. Facilities or a building where liquors are sold to be consumed on the premises, but not including restaurants where the principal business is serving food. TAVERN shall also include private clubs in which alcoholic beverages are regularly sold or served as a principal activity of the organization.

      THOROUGHFARE, STREET, or ROAD. The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

         1.   ALLEY. A minor street used primarily for vehicular service access to the back or side of properties abutting on another street;

         2.   ARTERIAL STREET.  A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route;

         3.   COLLECTOR STREET.  A thoroughfare, whether within a residential, industrial, commercial, or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions;

         4.   CUL-DE-SAC. A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround;

         5.   DEAD-END STREET.  A street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future;

         6.   LOCAL STREET. A street primarily for providing access to residential or other abutting property;

         7.   LOOP STREET. A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns are not more than one thousand (1,000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other; and

         8.   MARGINAL ACCESS STREET. A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.

      THROUGH LOT. See LOT TYPES.

      TOWNHOUSE. See ROW HOUSE.

      TOXIC MATERIAL. A solid, liquid, or gas which can be injurious to the public safety as defined in U.S. government regulations.

      TRACT. A portion of land, usually not platted, delineated by a metes and bounds description. See also LOT and PARCEL.

      TRAILER. A structure standing on wheels, towed or hauled by another vehicle and used for short-term human occupancy, carrying materials, goods, or objects, or as a temporary office.

      TRAILER COURT. See MOBILE HOME PARK.

      TRANSPORTATION, DIRECTOR OF. The Director of the State Department of Transportation.

      UNENCLOSED. May be roofed, but may not be enclosed on more than two (2) sides by walls or fences. See ENCLOSED.

      USE. The specific purposes for which land or a building is designated, arranged, intended, or for which it is or may be occupied or maintained.

      USE, ACCESSORY. See ACCESSORY USE OR STRUCTURE.

      USE, CONDITIONAL. See CONDITIONAL USE.

      USE, NONCONFORMANCE. See NONCONFORMITIES.

      USE, PERMITTED. See PERMITTED USE.

      USE, PRINCIPAL. A use which fulfills a primary function of a household, establishment, institution, or other entity.

      VARIANCE. 

         1.   A modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

         2.   For the purposes of § 814, floodplain overlay standards, a grant of relief from the standards of these regulations consistent with the VARIANCE conditions herein.

      VEHICLE. Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or street, except devices moved by human power.

      VEHICLE, COMMERCIAL. Any vehicle designed, intended or used as a means of transportation for and of people, goods, or things used in trade and traffic or commerce in general.

      VEHICLE, MOTOR. Every vehicle which is self-propelled.

      VESTED RIGHT.

         1.   A right is VESTED when it has become absolute and fixed and cannot be defeated or denied by subsequent conditions or change in regulations, unless it is taken and paid for. There is no VESTED RIGHT to an existing zoning classification or to have zoning remain the same forever. However, once development has been started or has been completed, there is a right to maintain that particular use regardless of the classification given the property. In order for a nonconforming use to earn the right to continue when the zoning is changed, the right must have been VESTED before the change. If the right to complete the development has not been VESTED, it may not be built, no nonconforming use will be established, and the new regulations will have to be complied with.

         2.   VESTED RIGHTS are often established by showing that some development permit has been obtained and substantial construction improvements must have been completed before the rights are VESTED varies among the states. In some states application for a building permit or other development approval may be sufficient to establish a VESTED RIGHT to complete a project. Others may require substantial investment and beginning of construction on the land, with completion of structures that are unique to the planned project. See also NONCONFORMITIES.

      VETERINARY ANIMAL HOSPITAL OR CLINIC. A place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation, and/or recuperation. It may also include boarding that is incidental to the primary activity.

      VICINITY MAP. A drawing located on the plat which sets forth, by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.

      VIOLATION. The failure of a structure or other development to be fully compliant with these regulations.

      WALKWAY. A public way, four (4) feet or more in width, for pedestrian use only, whether along the side of a road or not.

      WAREHOUSE. A building or portion thereof used and appropriated by the occupant:

         1.   For the deposit and safekeeping or selling of his own goods at wholesale or by mail order; or

         2.   Not for the deposit and safekeeping or selling of his own goods but for the purpose of storing the goods of others placed there in the regular course of commercial dealing and trade, to be again removed or reshipped.

      WHOLESALE. Sale for resale, not for direct consumption.

      WIND POWER TURBINE OWNER. The person, persons, or entity who owns the wind turbine structure.

      WIND POWER TURBINE TOWER. The support structure to which the turbine and rotor are attached.

      WIND POWER TURBINE TOWER HEIGHT. The distance from the rotor blade at its highest point to the top surface of the ground at the Wind Power Generating Facility (WPGF) foundation.

      WRECKING YARD. See JUNK YARD.

      YARD. An existing or required space not occupied or not to be occupied by a principal use of building on the same lot, parcel, or tract with a principal use of building.

      YARD DEPTH. The shortest distance between a lot line and a yard line.

      YARD, FRONT. A space extending the full width of the lot between any building and the front lot line, and measured perpendicular to the building, or any projection thereof, at the closest point to the front lot line. Such FRONT YARD is unoccupied and unobstructed from the ground upward except as may be permitted elsewhere in this code. A corner lot or a through lot shall be required to have a FRONT YARD on each street abutting the lot.

      YARD LINE. A line drawn parallel to a lot line at a distance therefrom equal to the depth of the required yard.

      YARD, REAR. A space extending across the full width of the lot between the principal building and the rear lot line, and measured perpendicular to the principal building, or any projection thereof, at the closest point to the closest point of the rear lot line. Such REAR YARD is unoccupied and unobstructed from the ground upward except as may be provided elsewhere in this code. A corner lot as defined in this code shall have no REAR YARD.

      YARD, REQUIRED. The open space between a lot line and the buildable area within which no structure shall be located except as provided in this code.

      YARD, SIDE. A space extending from the front yard to the rear yard between the principal building and the rear lot line, and measured perpendicular from the side lot line to the closest point of the principal building, or any projection thereof. Such SIDE YARD is unoccupied and unobstructed from the ground upward except as may be provided elsewhere in this code.

   Diagram Illustrating the Various Types of Yards

   ZONING ADMINISTRATOR. Generally, the local official responsible for granting zoning permits and, following a determination by the Board of Zoning Appeals, for conditional permits and variances. Decisions of the official usually are appealable to the Board of Appeals.

   ZONING AMENDMENT. See REZONING.

   ZONING BOARD OF APPEALS. See BOARD.

   ZONING CERTIFICATE. See ZONING PERMIT.

   ZONING COMMISSION. The County Rural Zoning Commission of this county.

   ZONING PERMIT. An official finding that a planned use of a property, as indicated by an application, complies with the requirements of the zoning resolution or meets special conditions of a variance or conditional permit; this code also will specify additions or alterations that need to have a permit.

(Res. 669-94-72, Art. XVI, effective 4-5-1995; Res. effective 3-3-2006; Res. effective 7-5-2006; Res. 80-13-159, effective 7-5-2013; Res. 81-13-159, effective 5-3-2013; Res. 302-13-160, effective 9-7-2013; Res. 590-13-163, effective 3-7-2014; Res. 189-14-164, effective 8-1-2014; Res. 57-18-182, effective 1-5- 2018; Res. 59-18-182, effective 1-5-2018; Amendments of 8-2023; Res. 196-24-206, effective 5-2-2024)