(1)    The particular shall control the general;

      (2)    In case of any difference of meaning or implication between the text of any provision and any caption or illustration, the text shall control;

      (3)    The word "person" includes a firm, association, organization, partnership, trust, company or corporation as well as an individual;

      (4)    References in the masculine and feminine genders are interchangeable;

      (5)    The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular;

      (6)    The word "shall" is a mandatory requirement, the word "may" is a permissive requirement, and the word "should" is a preferred requirement.

      (7)    The words "used" or "occupied" include the words "intended, designed or arranged to be used or occupied."

      (8)    The word "lot" includes the words "plot" or "parcel".

      (10)    Unless the context clearly indicates to the contrary, the following conjunctions shall be interpreted as follows:

         A.    "And" indicates that all connected items or provision shall apply.

          B.    "Or" indicates that the connected items or provisions shall apply singly but not in combination.

         C.    "Either or" indicates that the connected items or provisions shall apply singly but not in combination.

      (11)    The word "district" means a general district established by this Zoning Code, unless otherwise indicated by specific reference to another kind of district.

      (12)    All public officials, bodies and agencies to which reference is made are those of the City of Moraine unless otherwise indicated.

      (13)    The word "City" or "Municipality" means the City of Moraine.

      (7)    "Agriculture" means the use of a tract of land for the planting, harvesting and marketing of crops and produce; the breeding, feeding and marketing of livestock; horticulture; floriculture; structures necessary for performing these operations; and the residence of the owner or operator. Such agricultural use shall not include the following uses:

         A.    Small gardens and fruit bearing trees or shrubbery that are associated with residential uses where the harvests are consumed or used exclusively by persons residing on the premises, shall not be considered as part of the definition of agriculture;

         B.    The maintenance and operation of commercial greenhouses or hydroponic farms, except in zoning districts in which such uses are expressly permitted;

         C.    Wholesale or retail sales as accessory use, unless the same are specifically permitted by this Zoning Code;

         D.    The feeding or sheltering of animals or poultry in penned enclosures within one hundred (100) feet of any residential zoning district. Agriculture does not include the feeding of garbage to animals, or the operation or maintenance of a commercial stockyard or feed yard.

      (8)    "Agricultural market" means any fixed or mobile retail food establishment which is engaged primarily in the sale of raw agricultural products, but may include as accessory to the principal use, the sale of factory-sealed or prepackaged food products that normally do not require refrigeration. See farm stand in subsection (a)(146) hereof.

      (9)    "Alley" see under "thoroughfare, street or road" in subsection (a)(419)I. hereof.

      (10)    "Alteration" means any change, addition or modification in construction or type of occupancy, any change in the structural member of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as "altered" or "reconstructed".

      (11)    "Amusement and recreation services" means establishments engaged in providing amusement or entertainment for a fee or admission charge and include such activities as dance halls; studios; theatrical producers; bands, orchestras and other musical entertainment; bowling alleys and billiard and pool establishments; commercial sports such as arenas, rings, racetracks, public golf courses and coin-operated devices; amusement parks; membership sports and recreation clubs; amusement and bathing beaches; swimming pools, riding academies, carnival operations; expositions; game parlors and horse shows. (Ord. 995-92. Passed 1-14-93.)

      (12)    "Animal hospital". See "veterinary animal hospital or clinic" in subsection (a)(450) hereof.

      (13)    "Animal kennel". See "kennel" in subsection (a)(192) hereof.

      (14)    "Apartment" means a room or a suite of rooms within an apartment house, arranged, intended or designed to be used as a home or residence of one (1) family with kitchen facilities for the exclusive use of the one (1) family. Apartments shall not be permitted to have outside doors to bedrooms.

      (15)    "Apartment building" means a building which is used or intended to be used as a home or residence for three (3) or more families living in separate apartments, in which the yard areas, hallways, stairways, balconies and other common areas and facilities are shared by families living in the apartment units.

      (16)    "Garden apartment". See "garden apartment dwelling" in subsection (a)(106) hereof.

      (17)    "High-rise apartment". See "high rise dwelling" in subsection (a)(108) hereof.

      (18)    "Apartment house" means a structure containing three (3) or more apartment units. See also "multiple-family dwelling" in subsection (a)(112) hereof.

      (19)    "Mid-rise apartment". See "mid-rise dwelling" in subsection (a)(110) hereof.

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

      (21)    "Architectural elevation" means a scale drawing of the front, side or rear of a building or structure.

      (23)    "Assessment ratio" means the relation between the assessed value of a property and true market value.

      (24)    "Automatic car wash" means a structure containing facilities for washing automobiles using a chain conveyor or other method of moving the cars along, and automatic or semiautomatic application of cleaner, brushes, rinse water and heat for drying.

      (25)    "Basement" means that portion of a building which is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling and with a floor-to-ceiling height of not less than six and one- half (6-1/2) feet.

      (27)    "Board of Appeals" means a legally constituted committee of persons to which questions of zoning ordinances interpretation or hardship can be brought for review and resolution. Principally, the Board of Zoning Appeals is a quasijudicial board that can grant a specific parcel of real property relief from the strict application of the Zoning Code upon determination of physical hardship conditions.

      (28)    "Boarding house" means a dwelling or part thereof, in which lodging is provided by the owner or operator to more than three (3) boarders.

      (29)    "Boarding stable" means a structure designated for the feeding, housing and exercising of horses not owned by the owner of the premises.

      (30)    "Bond" means any form of security including a cash deposit, surety bond, collateral property or instrument of credit in an amount and form satisfactory to the City. All bonds shall be approved by the City whenever a bond is required by these regulations.

      (31)    "Buffer strip" means a strip of land established to protect one type of land use from another with which it is incompatible. Buffer zones are described in this Zoning Code with reference to neighboring districts. Where a commercial district abuts a residential district, for example, additional use, yard or height restrictions may be imposed to protect residential properties. Normally, a buffer zone is landscaped and kept in open space uses.

      (32)    "Buildable area" means the portion of a lot remaining after required yards have been provided. See Figure II at subsection (a)(466) hereof.

         (Ord. 995-92. Passed 1-14-93.)

      (33)    "Building" means any covered structure built for the support, shelter or enclosure of persons, animals, chattels or movable property of any kind; and which is permanently affixed to the ground by means of a footer and foundation as defined in the Ohio Building Code. Accessory buildings with a floor area under 150 square feet do not need footers nor foundations but are included in this definition of "building".

      (34)    "Accessory building" means a building which:

         A.    Is subordinate to and serves a principal structure or a principal use;

         B.    Is subordinate in area, extent and purpose to the principal structure or use served;

         C.    Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Zoning Code; and

         D.    Is customarily incidental to the principal structure or use. Any portion of a principal structure devoted or intended to be devoted to an accessory use is not an accessory structure.

      (35)    "Attached building" means 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 also "semi-attached building" in subsection (a)(42) hereof.

      (36)    "Building coverage" means the horizontal area measured within the outside of the exterior walls of the ground floor of all principal and accessory buildings on a lot.

      (37)    "Building frontage", for the purpose of computation of number and area of signs permitted on buildings, in cases where lineal feet of building frontage is a determinant, 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 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.

      (38)    "Building height" means the vertical distance measured from the average elevation of the finished grade within twenty (20) feet of the structure to the highest point of the coping of a flat roof or to the deck line of a mansard roof; or to the mean height level between eaves and ridge for gable, hip and gambrel roofs.

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

      (40)    "Building permit" means written permission issued by the proper municipal authority for the construction, repair, alteration or addition to a structure.

      (41)    "Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated, and including areas such as garages, carports, storage sheds, etc., which are attached to and architecturally integrated with the principal building.

      (42)    "Semi-attached building" means 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 also "attached building" in subsection (a)(35) hereof.

      (43)    "Building setback" means the closest point at which a building may be constructed in relation to the lot line.

      (44)    "Bulk plant" means that portion of a property where materials are received by tank vessel, pipe line, tank car or tank vehicle and are stored or blended in bulk for the purpose of distribution.

      (45)    "Bulk regulations" means standards that control the height, density, intensity and location of structures.

      (46)    "Business neighborhood" means 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, drugstores, beauty salons, barber shops, carry outs, if less than 10,000 square feet in floor area. Uses in this classification tend to serve a day-to-day need in the neighborhood.

      (47)    "General business" means 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 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.

      (48)    "Highway business" means 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.

      (49)    "Office type business" means 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.

      (50)    "Business service" means 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.

      (51)    "Business or trade school" means a use, a college or university providing education or training in business, commercial, similar activity or pursuit, and not otherwise defined as a home occupation or private educational facility.

      (52)    "Wholesale business" means business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers and/or other wholesale establishments. These commodities are basically for future resale, for use in the fabrication of a product, or for use by a business service.

      (53)    "Camping and recreational equipment", for the purpose of this Zoning Code, includes the following:

         A.    "Boat and boat trailer" includes boats, floats and rafts plus the normal equipment to transport the same on the highway.

         B.    "Folding tent trailer" means a canvas folding structure, mounted on wheels and designed for travel and vacation uses.

         C.    "Motorized home (motor home)" means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

         D.    "Pick-up camper (motor home)" means a structure designed primarily to be mounted on a pick-up truck chassis and with sufficient equipment to render it suitable for use for travel, recreational or vacation uses.

         E.    "Travel trailer" means a vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified "travel trailer" by the manufacturer.

      (54)    "Carport" means a roofed shelter, open on at least two (2) sides, designed as a shelter for automobiles or other vehicles. A carport may be freestanding or may be formed by extension of a roof from the side of a building. A carport shall not be considered a private garage.

      (55)    "Certificate of occupancy" means a document issued by the proper authority allowing the occupancy or use of a building and certifying that the structure or use has been constructed or will be used in compliance with all the applicable Municipal codes and ordinances.

      (56.1)   "Type A family day-care home" means a permanent residence of the administrator where care is provided for seven (7) to twelve (12) children at one time. It also means where care is provided for four (4) to twelve (12) children at one time if four (4) or more children are under two (2) years old. Children six (6) years old and older related to the licensee, administrator or employee on premises are not counted. (ORC 5104.01)

      (57)    "Church" means a building or structure, or groups of buildings or structures, which by design and construction are primarily intended for the conducting of organized religious services and accessory uses associated therewith, including parish houses and educational unit.

      (58)    "City" means the City of Moraine, Ohio.

      (59)    "City Council" or "Council" means the City Council of the City of Moraine, Ohio.

      (60)    "Clinic" means an establishment where patients are admitted for examination and treatment by one (1) or more physicians, dentists, psychologists or social workers and where patients are not usually lodged overnight.

      (61)    "Private club" means 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 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.

      (62)    "Cluster" means 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 preservation of environmentally sensitive features.

      (63)    "Cluster subdivision" means a form of development for single-family residential subdivisions 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 and the resultant land area is devoted to open space.

      (64)    "College" means an educational institution authorized by the State to award baccalaureate or higher degrees.

      (66)    "Commercial recreation" means a use providing recreation including bowling lanes, billiard parlors, skating arenas and similar facilities for patron participation operated on a nonprofit or profit basis, but excluding uses defined as outdoor recreation service.

      (67)    "Commercial use" means an activity carried out for pecuniary gain.

      (68)    "Commercial vehicle" means any motor vehicle licensed by the State as a commercial vehicle.

      (69)    "Commission" means the City of Moraine Planning Commission.

      (70)    "Community center" means a place, structure, area or other facility used for and providing recreational programs, social, fraternal, religious and/or other general functions open to the public and designated to accommodate and service significant segments of the community.

      (71)    "Community oriented residential social service facilities" means a facility which provides resident services to a group of individuals of whom one (1) or more are unrelated. These individuals are mentally ill, mentally retarded, handicapped, 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:

         A.    "Foster care residential facilities" means 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.

            1.    "Family care homes" means residential facilities that provide room and board, personal care, rehabilitation services and supervision in a family setting for from three (3) to five (5) persons, adults or children, who are mentally ill, mentally retarded, have any form of developmental disability or cannot reside with their natural family.

            2.    "Group care homes" means 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, mentally retarded, have any form of developmental disability or cannot reside with their natural family.

         B.    "Social care homes" means 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.

         C.    "Intermediate care homes" means 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.

         D.    "Halfway houses" means 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.

      (72)    "Comprehensive development plan" means a plan including all attachments adopted by Council showing the general location and extent of present and proposed physical facilities, including housing, commercial and industrial uses, major streets, parks, schools and other community facilities. This plan serves as a guide for future development and the enactment of zoning and other growth related legislation.

      (73)    "Condominium" means a building or group of buildings, in which units are owned individually, and the structure, common areas and facilities are owned by all the owners on a proportional, undivided basis.

      (74)    "Congregate housing" means a housing 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.

      (75)    "Beginning of construction" means the utilization of labor and/or materials on the footings, foundations, walls, roofs and other portions of the building or structure.

      (76)    "Convalescent homes". See "nursing home, rest home or convalescent home" in subsection (a)(235) hereof.

      (77)    "Convenience store" means a retail store that caters to the motoring public where the sale of food items such as hot or cold drinks, prepackaged foods and tobacco, road maps, magazines and other publications, automotive maintenance items such as brake fluid, oil, polishes, anti-freeze and similar products, and other retail items that may be readily purchased. A convenience store does not sell gasoline or other fuels.

      (78)    "Covenant" means 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 the 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, such as, 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, such as Houston, Texas, to accomplish through private restrictions much of what zoning does through governmental action.

      (82)    "Day care center" means a "child care center". It also means a Type B family day-care home as defined in Ohio R.C. 5104.01. Where care is provided to one (1) to six (6) children at one (1) time and no more than three (3) children are under two (2) years of age. Children six (6) years old and older related to the provider are not counted.

      (83)    "Dead-end street". See under "thoroughfare, street or road" in subsection (a)(419)E. hereof.

      (84)    "Decibel" means a unit of sound pressure level.

      (85)    "Deciduous " means plants that drop their leaves before becoming dormant in winter.

      (86)    "Deed restrictions". See "covenant" in subsection (a)(78) hereof.

      (87)    "Density" means a unit of measurement; the number of dwelling units per acre of land.

         A.    "Gross density" means the number of dwelling units per acre of the total land to be developed.

         B.    "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.

      (88)    "Detention basin (pond)" means a facility for the temporary storage of storm water run-off.

      (89)    "Developed property" means property upon which a building has been erected.

      (90)    "Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development including the holder of an option or contract to purchase, or other persons having enforceable proprietary interest in such land.

      (93)    "Direct recharge area" means that portion of a drainage basin in which water infiltrating vertically from the surface shall intercept the water table.

      (94)    "Dormitory" means a building used as group living quarters for a student body or religious order as an accessory use for a college, university, boarding school, orphanage, convent, monastery or other similar institutional use.

      (95)    "Double wide unit" means two (2) mobile home units, attached side by side, which constitute the complete mobile home.

      (96)    "Drainage" means:

         A.    Surface water run-off;

         B.    The removal of surface water or groundwater from land by drains, grading or other means which include run-off controls to minimize erosion and sedimentation during and after construction or development, the means for preserving the water supply and the prevention or alleviation of flooding.

      (97)    "Drainage area" means that area in which all of the surface run-off resulting from precipitation is concentrated into a particular stream.

      (98)    "Drainage district" means a district established by a governmental unit to build and operate facilities for drainage.

      (99)    "Drainageway" means a water course, gully, dry stream, creek or ditch which carries stormwater run-off, which is subject to flooding or ponding, which is fed by street or building gutters or by storm water sewers, or which serves the purpose of draining water from the lands adjacent to such water course, gully, dry stream, creek or ditch.

      (100)    "Drive-in restaurant". See subsection (a)(304) hereof.

      (102)    "Duplex". See "two-family dwelling" in subsection (a)(121) hereof.

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

      (111)    "Mobile home" means a structure built under 24 CFR Part 3280 Manufactured Home Construction and Safety Standards and is certified by a US Housing and Urban Development plaque or if built prior to June 15, 1976 bears a label certifying compliance to the Standard for Mobile Homes NFiPA 501, ANSI 119.1. In either case the structure has a permanent hitch or wheels or axle permanently attached to its body or frame. A structure qualifies as "modular/industrialized housing" as defined in subsection (a)(223) hereof is excluded from this definition.

      (112)    "Multiple-family dwelling" means a residential building designed for or occupied by three (3) or more families, with the number of families in residence not exceeding the number of dwelling units provided.

      (114)    "Quadruplex dwelling" means four (4) dwellings attached in one (1) structure in which each unit has two (2) open space exposures and shares one (1) or two (2) walls with adjoining unit or units.

      (115)    "Rooming house dwelling (boarding house, lodging house, dormitory)" means a dwelling, part thereof, other than a hotel, motel or restaurant, where meals and/or lodging and meals are provided for compensation, for three (3) but not more than six (6) unrelated persons where no cooking or dining facilities are provided in the individual rooms.

      (116)    "Row dwelling" means a dwelling having a party wall on each side in common with an adjoining dwelling unless it is situated as the outermost dwelling; in the latter case, it shall have a party wall on one (1) side only. A "row dwelling" shall be considered to be a multiple-family dwelling.

         A.    A vertical distance above or below a fixed reference level;

         B.    A flat scale drawing of the front, rear or side of a building.

      (135)    "Environmental Impact Statement (EIS)" means a statement on the effect of development proposals and other major actions which significantly affect the environment.

      (136)    "Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments of underground, surface or overhead gas, electrical system, fuel or water transmission or distribution systems, collection, communication, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipe, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection herewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities or municipal departments for the general health, safety or welfare.

      (137)    "Exclusionary zoning" means zoning which has the effect of keeping out racial minorities, poor people, or in some cases, additional population of any kind. Techniques such as large-lot zoning or high floor area or minimum residential floor-area requirements which increase housing costs have been challenged for their potential exclusionary effects. Similarly, discretionary techniques have been subject to challenge; they may permit a community to deny certain applications and conceal the real reasons. Exclusionary zoning, in all its subtle variations, is considered by many the most effective and persuasive tool used by suburbs to maintain their homogenous character. A growing number of State court decisions are invalidating exclusionary practices, whether intentional or unintentional, and in some cases are requiring affirmative, inclusionary practices. On the other hand, discretionary techniques, such as inclusionary zoning, can be an important part of an inclusionary land-use program.

      (138)    "Existing grade or elevation" means the vertical location of the ground surface prior to excavating or filling.

      (139)    "Existing use" means the use of a lot or structure at the time of the enactment of the Zoning Code.

      (140)    "Extended care facility" means a long-term care facility or a distinct part of a facility licensed or approved as a nursing home, infirmary unit of a home for the aged or a governmental medical institution. See "nursing home" in subsection in (a)(235) hereof.

      (141)    "Fabrication" means the stamping, cutting, assembling or otherwise shaping of processed materials into useful objects, excluding the refining or other initial processing of basic raw materials.

      (142)    "Facade" means the exterior wall of a building exposed to public view or that wall viewed by persons not within the building.

      (143)    "Family" means one (1) or more persons related by blood, marriage, adoption or guardianship, or not more than three (3) persons not so related, occupying a dwelling unit and living as a single housekeeping unit.

      (144)    "Factory-built house". See "manufactured home" in subsection (a)(109) hereof.

      (145)    "Farm" means 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, and/or by his hired employees provided, however, that land to be considered a farm hereunder shall include a continuous parcel of five (5) acres or more in area; provided, further, that farms may be considered as nurseries, orchards, chicken hatcheries, poultry farms and apiaries, but establishments keeping or operating fur-bearing animals, riding or boarding stables, commercial dog kennels, stone quarries or gravel or sand pits shall not be considered a farm hereunder unless combined with bona fide farm operations on the same continuous tract of land of not less than twenty (20) acres. No farms shall be operated as piggeries or for the disposal of garbage, sewage, rubbish, offal or rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one (1) year immediately prior thereto and for the use and consumption by persons residing on the premises.

         C.    "Feedlot" is not intended to otherwise preclude the raising of animals as part of a general farming and/or livestock operation or as an FFA, 4-H or other student project in an agricultural zone.

         D.    "General farming and/or livestock operation" means one in which the confined feeding of animals is an incidental part of the total livestock operation.

      (148.5)   “Fence” means any vertical structure constructed to provide for orderly transition between land uses; protect and screen private; give security and privacy; and provide a physical and visual barrier; reduce wind and modify climate; define property lines; create and define outdoor storage space; and generally improve the aesthetic appearance of a site. Such structures may be constructed of products such as wood, metal, or other suitable materials, and may be designed with varying levels of opacity, depending on their intended function and location. Such structures may be referred to as “a fence” or “fencing”, if referring to the entire length of the structure, or a “section of fencing” if referring to a discrete potion thereof. (Ord. 2070-20. Passed 9-24-20.)

      (149)    "Finance, insurance and real estate" means establishments such as, but not limited to, banks and trust companies, credit agencies, investment companies, brokers and dealers of securities and commodities, security and commodity exchanges, insurance agents, brokers, lessors, lessees, buyers, sellers, agents and developers of real estate.

      (150)    "Fiscal zoning" means designing zoning regulations for the purpose of attracting uses which will bring in more in local tax revenue than they will cost in public services. This kind of one-sided fiscal zoning is often used as an argument for exclusive zoning.

      (151)    "Floating zone" means an unmapped zoning district where all the zone requirements are contained in this Zoning Code and the zone is fixed on the map only when an application for development, meeting the zone requirements, is approved.

      (152)    "Flood" means a temporary rise in stream level that results in inundation of areas not ordinarily covered by water.

      (153)    "Flood fringe area" means that portion of the flood hazard area outside of the floodway based on the total area inundated during the regulatory base flood plus twenty-five percent (25%) of the regulatory base flood discharge. See "floodway", in subsection (a)(159) hereof.

      (154)    "Flood hazard area" means the floodplain consisting of the floodway and the flood fringe area. See "regional floodplain" in subsection (a)(157) hereof.

      (155)    "Flood hazard design elevation" means the highest elevation, expressed in feet above sea level, of the level of floodwaters which delineates the flood fringe area.

      (156)    "Flood insurance rate map" means the official map on which the Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.

      (157)    "Regional floodplain" means the area inundated by the regional flood, 100 year frequency flood. This is the floodplain area which shall be regulated by the standards and criteria in this Zoning Code.

      (158)    "Floodproofing" means a combination of structural provisions, changes or adjustments to properties and structures subject to flooding for the reduction or elimination of flood damage to properties, water and sanitary facilities, and other utilities, structures and the contents of buildings.

      (160)    "Floor area (gross)" means the sum of the gross horizontal area of all the floors of a building measured from the exterior faces of the exterior walls or from the centerline of walls separating two (2) buildings. Floor area shall include the area of basements when used for residential, commercial or industrial purposes, but shall not include a basement or portion of a basement used for storage or the housing of mechanical or central heating equipment. In calculating floor area, the following shall not be included:

         A.    Attic space providing structural headroom of less than seven (7) feet six (6) inches;

         B.    Uncovered steps;

         C.    Terraces, breezeways and open porches;

         D.    Automobile parking space in a basement or private garage; or

         E.    Accessory off-street loading berths, but not to exceed twice the space required by the provision of this Zoning Code.

      (161)    "Floor area (net)" means the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.

      (162)    "Floor area ratio" of the building or other structure on any lot is determined by dividing the gross floor area of such building or structure by the area of the lot on which the building or structure is located. When more than one (1) building or structure is located on a lot, then the floor area ratio is determined by dividing the total floor area of all buildings or structures by the area of the lot. The floor area ratio requirements, where applicable, shall determine the maximum floor area allowable for buildings or other structures, in direct ratio to the gross area of the lot.

      (163)    "Fraternal organization" means a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, rituals and formal written membership requirements.

      (170)    "Grade" means the degree of rise or descent of a sloping surface.

      (171)    "Finished grade" means the final elevation of the ground surface after development.

      (172)    "Green area" means land shown on a development plan, comprehensive plan or official map for preservation, recreation, landscaping or parks.

      (173)    "Greenbelt" means a strip of land parallel to and extending inwardly from the lot lines or right-of-way lines. Such "greenbelt" shall be maintained at all times in grass, trees, shrubs or plantings and no structures, parking areas or signs shall be permitted.

      (174)    "Greenhouse " means a building whose roof and sides are made largely of glass or other transparent or translucent material and in which the temperature and humidity can be regulated for the cultivation of delicate or out-of-season plants for subsequent sale or for personal enjoyment. See "nursery" in subsection (a)(234) hereof.

      (175)    "Gross floor area". See "floor area (gross)" in subsection (a)(160) hereof.

      (176)    "Gross habitable floor area". See "floor area (net)" in subsection (a)(161) hereof.

      (177)    "Ground cover" means grasses or other plants grown to keep soil from being blown or washed away.

      (178)    "Ground coverage". See "lot coverage" in subsection (a)(204) hereof.

      (179)    "Halfway house". See "community oriented residential social service facilities" in subsection (a)(71) hereof.

      (181)    "Home occupation" means any occupation conducted in its entirety within a dwelling unit, provided that no person other than members of the family residing on the premises shall be engaged in such occupation and the use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to use for residential purpose by its occupants, provided that:

         D.    No traffic shall be generated by such home occupation in greater volume than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall meet the off-street parking requirements as specified in this Zoning Code and shall not be located in a required front yard; and

         E.    No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, odors or electrical interference detectable to the normal senses off the lot. In the case of electrical interference, no equipment which causes fluctuations in line voltage off the premises.

      (191)    "Junk yard" means an establishment or place of business (other than an establishment having facilities for processing iron, steel or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes), which is maintained or operated for the purpose of storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, except an establishment or place where automobiles, wrecked or otherwise, are held or impounded for a period not to exceed ninety (90) days exclusively for storage, repair or resale without alteration.

      (192)    "Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept five (5) or more dogs of six (6) months of age or older for more than five (5) days.

      (193)    "Landfill (hard fill)" means a site for solid waste disposal restricted to the deposit of fill which is generally of an inorganic nature which does not pose a threat to the community through decomposition or other resources and does not therefore require regular covering with soil.

      (194)    "Landfill (sanitary landfill)" means a site for solid waste disposal in which the solid waste is spread in thin layers compacted to the smallest practical volume, and covered with soil at the end of each working day.

      (195)    "Land use" means a description of how land is occupied or utilized.

      (196)    "Land use plan" means the land use element of the comprehensive plan showing the existing and proposed location, extent and intensity of development of land to be used in the future for varying types of residential, commercial, industrial, agricultural, recreational, education and other public and private purposes or combination of purposes.

      (197)    "Leapfrog development" means the development of relatively cheap land on the urban fringe by jumping over the more expensive land located immediately adjacent to existing development. Land located in the expected path of development, that is with good access to transportation or utilities or next to existing build-up areas, tends to sell at a premium price. Developers often find that they can skip this expensive land and buy up other land, usually farms, at some distance, sometimes several miles out. While the houses may be cheaper, the result may be serious problems for both the new residents and the public. Not only may there be inadequate access to transportation and utilities, but other public services, shopping and other support services may be lacking, and they may cost much more to provide. Urban limit lines, acreage zoning and a variety of other growth management techniques may be imposed to prevent such development.

         (Ord. 995-92. Passed 1-14-93.)

      (197.5)   “Library” means an institution in which literary and artistic materials, including but not limited to books, periodicals, newspapers, pamphlets, and prints, whether in print or digital form, are kept for reference, reading or lending.

         (Ord. 1538-04. Passed 7-22-04.)

      (198)    "Live entertainment" means any entertainment, provided in eating and/or drinking places, other than music mechanically produced by juke boxes or other devices for the dissemination of recorded music, not to include adult entertainment.

      (199)    "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and which abuts upon a street, alley or other appropriate means of access.

      (200)    "Lodge" means:

         A.    A building or group of buildings under single management, containing both rooms and dwelling units available for temporary rental to transient individuals or families;

         B.    The place where members of a local chapter of an association hold their meetings; and the local chapter itself.

      (201)    "Lot" means, for purposes of this Zoning Code, a parcel of land of at least 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 the minimum required frontage on an improved public street, or on an approved private street, and may consist of a single parcel of land or a combination of parcels of land when the parcels of land are adjacent to one another, and used as one (1), provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Zoning Code. Each parcel of land shall be described by either metes and bounds on a document recorded at the County Recorder's office or a plat recorded at the County Recorder's office.

         A.    "Corner lot" means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, and in either case forming an interior angle of 135 degrees or less. See Figure I.

         B.    "Double frontage lot" means a lot having a frontage on two (2) nonintersecting streets, as distinguished from a corner lot. See Figure I.

         C.    "Flag lot" means a lot not fronting on or abutting a public right of way and where access to the public right of way is by a narrow, private strip of land. See Figure I.

         D.    "Interior lot" means a lot other than a corner lot with only one (1) frontage on a street. See Figure I.

         E.    "Zoning" means a parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning certificate, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfied the above requirements, such lot may consist of:

            1.    A single lot of record; or

            2.    A portion of a lot of record; or

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

      (202)    "Lot area" means the computed area contained within the lot lines.

      (203)    "Net lot area" means the total horizontal net area within the lot lines of a lot or parcel exclusive of existing or proposed public streets, highways, roads and alleys, or proposed streets and highways as shown on the circulation plan, general plan or community plan.

      (204)    "Lot coverage" means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

      (205)    "Lot depth" means the distance measured from the front lot line to the rear lot line. See Figure I.

      (206)    "Lot frontage" means the distance between the side lot lines, measured by a line drawn parallel with the front lot line at a point of required minimum front yard depth. See Figure I.

      (207)    "Lot lines":

         A.    "Front lot line" means a street right-of-way line forming the boundary of a lot. On a corner lot, the street right-of-way lines with the least amount of street frontage shall be the front lot line. See Figure I.

         B.    "Rear lot line" means that lot line which is parallel to and most distant from the front lot line of the lot; in the case of an irregular, triangular or gore shaped lot, a line twenty (20) feet in length, entirely within the lot, parallel to and at the maximum possible distance from, the front line shall be considered to be the rear lot line. In the case of lots which have frontage on more than one (1) street, the rear lot line shall be opposite the lot line along which the lot takes access to a street. See Figure I.

         C.    "Side lot line" means a lot line which is neither a front lot line nor a rear lot line. On a corner lot, the street right-of-way line with the greatest amount of street frontage shall be a side lot line. See Figure I.

         D.    "Street line" means, in the case of a lot abutting only one (1) street, the street line separating such lot from such street; in the case of a double frontage lot, each street line separating each lot from a street shall be considered to be the front lot lines, except where the rear yard requirement is greater than the front yard requirement in which case one (1) of two (2) opposing yards shall be a rear yard.

      (208)    "Lot of record" means a lot which is part of a subdivision, the plat of which has been recorded in the office of the Recorder of Montgomery County; or a parcel or tract of land, and the deed to which was on record as of the effective date of this Zoning Code.

      (209)    "Manufactured/mobile home park" means a parcel of land under single ownership on which three (3) or more manufactured and/or mobile homes are located.

      (210)    "Manufactured/mobile home subdivision" means a subdivision designed and/or intended for the sale of lots for siting manufactured and/or mobile homes.

      (211)    "Manufacturing" means establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, resins or liquors.

      (212)    "Heavy manufacturing" means manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character; require large site, open storage and service areas, extensive services and facilities, ready access to regional transportation; and normally generate some nuisances such as noise, vibration, dust, glare, but not beyond the district boundary.

      (213)    "Light manufacturing" means 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; operated and stored within enclosed structures; and generate little industrial traffic and no nuisances.

      (214)    "Extractive manufacturing" means any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources.

      (215)    "Base map" means a map showing the important natural and man-made features of an area. Such maps are used to establish consistency when maps are used for various purposes, that is reproductions of the same base map could be used to show natural resource limitations, public facilities, and land use and as the basis for the official zoning map. The scale and degree of detail shown on the base map depends on the size of the area.

      (216)    "Marquee" means any hood, canopy or awning of permanent construction which projects from a wall of a building, usually above an entrance.

      (217)    "Master plan". See "comprehensive development plan" in subsection (a)(72) hereof.

      (218)    "Median" means a strip of land, centered in a roadway, that is used to separate vehicular traffic traveling in opposite directions.

      (219)    "Metes and bounds" means a system of describing and identifying land by measures (metes) and direction (bounds) from an identifiable point of reference such as a monument or other marker, the corner of intersecting streets, or, in rural areas, a tree or other permanent feature. It is the most precise of the three (3) most common forms of urban land description, the others are by street number of house and by blocks and lots in tract subdivision. It is used with precision where land values are high and, more loosely, in rural areas.

      (220)    "Mining" means the extraction of minerals including: solids, such as gravel and/or sand; liquids, such as crude petroleum; and gases, such as natural gases. The term includes the functions of quarrying; well operation; milling, such as crushing, screening, washing and flotation; and other preparation customarily done at the mine with or as part of the mining activity.

      (221)    "Mini-warehouse" means a structure containing separate storage spaces of varying sizes leased or rented on an individual basis.

      (222)    "Mixed use development (MXD)" means the development of a tract of land or building or structure with two (2) or more different uses such as but not limited to, residential, office, manufacturing, retail, public or entertainment, in a compact urban form.

      (223)    "Modular/industrialized housing" means a factory-built housing consisting of one (1) or more units designed to be assembled at the building site, and which meets the standards for industrialized units, as provided for by the Ohio Basic Building Code as may be hereafter amended, and as authorized by the State of Ohio Board of Building Standards pursuant to Ohio R.C. 3781.01 et seq. as amended. A "manufactured home dwelling" or "mobile home dwelling" shall not be included in this definition.

      (224)    "Moratorium" means a temporary halting or severe restriction on specified development activities. Moratoriums on the issuance of building permits or on sewer hookups, for example, may be imposed to allow the community to build the necessary utilities to accommodate the new development. Interim zoning can be considered a form of moratorium which gives time for the Zoning Code to be changed (or a new one prepared) to allow for changing conditions and needs. Moratoriums are increasingly common and are generally considered to be legal when not abused.

      (225)    "Municipality" means the City of Moraine, Ohio.

      (226)    "National Flood Insurance Program" means a Federal program which authorizes the sale of Federally subsidized flood insurance in communities where such flood insurance is not available privately.

      (227)    "National Historic Preservation Act" means a 1966 Federal law that established a National Register of Historic Places, the Advisory Council on Historic Preservation and authorizing grants in aid for historic properties preservation.

      (228)    "National Register of Historic Places" means the official list, established by the National Historic Preservation Act, of sites, districts, buildings, structures and objects significant in the nation's history or whose artistic or architectural value is unique.

      (229)    "Nonconforming lot" means a lot, the area, dimensions or location of which was lawful prior to the adoption, revision or amendment of this Zoning Code, but which fails by reasons of such adoption, revision or amendment to conform to the present requirements of the zoning district.

      (230)    "Nonconforming sign" means any sign lawfully existing on the effective date of an ordinance, or an amendment thereto, which renders such sign nonconforming because it does not conform to all the standards and regulations of the adopted or amended ordinance.

      (231)    "Nonconforming structure or building" means a structure or building the size, dimensions or location of which was lawful prior to the adoption, revision or amendment to this Zoning Code, but which fails by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

      (232)    "Nonconforming use" means a use or activity which was lawful prior to the adoption, revision or amendment of a Zoning Code, but which fails, by reason of such adoption, revision or amendment, to conform to the present requirements of the zoning district.

      (233)    "Nuisance" means 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, for example, 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.

      (234)    "Nursery" means a form of agriculture whose chief function is the growing of plants, shrubs and trees.

      (235)    "Nursing home, rest home or convalescent home" means a place, residence or home used for the boarding and care, for a consideration, of not less than three (3) persons, not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others.

      (236)    "Occupancy or occupied" means the residing of an individual or individuals overnight in a dwelling unit, or the installation, storage or use of equipment, merchandise or machinery in any public, commercial or industrial building.

      (237)    "Occupancy permit" means a required permit allowing occupancy of a building or structure after it has been determined that the building meets all the requirements of applicable ordinances.

      (238)    "General office" means an office for the use of professional persons such as doctors, lawyers, accountants, etc.; or general business office such as insurance companies, trade associations, manufacturing companies, investment concerns, banks and trust companies, real estate companies, etc., but not including any kind of retail or wholesale store or warehouse, except as otherwise provided herein.

      (239)    "Opaque" means completely screened from view through the use of a man- made screen and/or natural landscaping which serves to visually shield or obscure an abutting or nearby area from another.

      (240)    "Open space" means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.

      (241)    "Common open space" means land within or related to a development, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate.

      (242)    "Green open space" means an open space area not occupied by any structures or impervious surfaces.

      (243)    "One (1) year capture area" means the area around the public water supply wellfields delineated by the one (1) year travel time contour.

      (244)    "Open space ratio" means the total area of open space divided by the total site area in which the open space is located.

      (245)    "Outbuilding" means a separate accessory building or structure not physically connected to the principal building.

      (246)    "Overhang" means:

         A.    The part of a roof or wall which extends beyond the facade of a lower wall;

         B.    The portion of a vehicle extending beyond the wheel stops or curb.

      (247)    "Owner" means 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 an 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 Zoning Code and of rules and regulations adopted pursuant thereto, to the same extent as if he were the owner.

      (248)    "Parcel" means a lot or tract, or contiguous groups or portions of such lots and/or tracts shown on the assessor's roll of Montgomery County, or contiguous area of land under legal control of any one (1) person, partnership, firm, corporation, syndicate, agency or institution. See also "lot" in subsection (a)(201) hereof; and "tract" in subsection (a)(421) hereof.

      (249)    "Off-street parking space" means an area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto and shall be fully accessible for the storage or parking of permitted vehicles. Such area shall be located totally outside of any street or alley right of way.

      (250)    "Public parking space" means an off-street parking area publicly or privately owned available for public use whether free, for compensation or as an accommodation for clients or customers.

      (251)    "Paved surface" means a hard, smooth surface made principally of asphaltic concrete, Portland cement or brick that will bear travel.

      (252)   "Peak business cycle" means the periodic maximum activity level of a business resulting in the highest inventory levels of regulated substances.

      (253)   "Performance bond" or "surety bond" means an agreement by a subdivider or developer with the City of Moraine 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 agreements.

      (254)   "Performance standards" means 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 developer's options. The performance standards have been in the area of industrial emissions. (Local requirements in many fields, especially pollution control, have now been superseded by Federal or State regulations.) Because such measures require technical skill and often some expensive equipment, small communities have tended to prefer the more traditional specification standard approach. In such places, clear statements of purpose or intent often are substituted for precise measurable standards.

      (255)   "Perimeter" means the boundaries or borders of a lot, tract or parcel of land.

      (256)   "Permit" means written governmental permission issued by an authorized official, empowering the holder thereof to do an act not forbidden by law, but not allowed without such authorization.

         (Ord. 995-92. Passed 1-14-93.)

      (257)   "Permitted use" means a use by right which is specifically authorized in a particular zoning district. It is contrasted with special uses which are authorized only if certain requirements are met and after review and approval by the Board of Zoning Appeals.

         (Ord. 1019-93. Passed 5-27-93.)

      (258)   "Person" means a corporation, company, association, society, firm, partnership or joint stock company, as well as an individual, a state, and all political subdivisions of a state or any agency or instrumentality thereof.

      (259)    "Personal services" means a use providing services of a personal convenience nature, cleaning, repair, or sales incidental thereto, and including art, dance or music studios, beauty and barber shops, shoe repair, self-service laundry and cleaning service, laundry and cleaning service, laundry and cleaning pick-up stations (where bulk cleaning and servicing is done elsewhere), repair and fitting of clothes and personal accessories, copying and similar services.

      (260)    "Planning" means the decision-making process in which goals and objectives are established, existing resources and conditions analyzed, strategies developed, and controls enacted to achieve the goals and objectives to which they relate.

         A.    A single unit parcel of land; or

         B.    A parcel that can be identified and referenced to a recorded plat or map.

      (264)    "Police power" means 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 some communities.

      (265)    "Policy plan" means a plan adopted by Council to serve as a guide for public decision-making in regards to future development by establishing goals, objectives and policies for the City.

      (266)    "Preapplication conference" means the discussion held between developers and public officials, usually members of the Planning Commission before formal submission of an application for a permit or for subdivision plat approval. This meeting allows the staff to:

         A.    Acquaint the applicant with the comprehensive area or precise plans that apply to this tract, as well as the zoning and other codes that affect the proposed development;

         B.    Suggest improvements to the proposed design on the basis of a review of the sketch plan;

         C.    Advise the applicant on ways to reduce unnecessary costs and encourage the applicant to get financial advice early;

         D.    Encourage the applicant to consult appropriate authorities on the character and placement of public utility services;

         E.    Help the applicant to understand the steps to be taken to receive approval; and

         F.    Give the applicant a reading on the likelihood of acceptance of these plans based on appropriate laws and ordinances.

      (279)    "Public utility" means a closely regulated private enterprise with an exclusive franchise for providing a public service.

      (280)    "Public utility facility" means telephone, electric and cable television lines, poles, equipment and structures; water or gas pipes, mains, valves or structures, sewer pipes, valves or structures; pumping stations; telephone exchanges and repeater stations; and all other facilities, equipment and structures necessary for conducting a service by a government or a public utility.

      (292)    "Public recreational facility" means a recreation facility operated by a governmental agency and open to the general public.

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

      (294)    "Recreational vehicle" means 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 "recreational vehicle" includes, but is not limited to, travel trailers, pick-up campers, camping trailers, motor coach homes, converted trucks and buses, and boats and boat trailers. Such vehicles shall have a body width of no more than eight (8) feet and a body length of no more than thirty-two (32) feet when factory equipped for the road.

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

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

         (3)    Mixtures of chemicals which have not been tested as a whole but which contain any chemical which has been determined to be a health hazard and which comprises one percent (1%) or greater of the composition on a weight per unit weight basis, and mixtures of chemicals which include a carcinogen if the concentration of the carcinogen in the mixture is one tenth of one percent (0.1%) or greater of the composition on a weight per unit weight basis.

         (4)    Ingredients of mixtures prepared within the WO Wellhead Operation District and the WP Well Field Protection Overlay District in cases where such ingredients are health hazards, but comprise less than one tenth of one percent (0.1%) of the mixture (on a weight per unit weight basis) if carcinogenic, or less than one percent (1%) of the mixture (on a weight per unit weight basis) is noncarcinogenic; and

         (5)    Petroleum and nonsolid petroleum derivatives (except non-PCB dielectric fluids).

      (301)    "Residential density" means the number of dwelling units per acre of residential land.

      (302)    "Restaurant" means an establishment where food and drink is prepared, served and consumed primarily within the principal building. See also subsections (a)(303), (304), (304.1) and (305) hereof.

      (303)   "Carry out restaurant" means an establishment offering food or beverages, which may include liquor, beer and wine, if licensed by the State of Ohio, where the food and beverages are dispensed at the counter for consumption within the building or off the premises.

      (304)    "Drive-in restaurant" means an establishment offering food and beverages which are sold within the building, or to persons while in motor vehicles in an area designated for drive-in service, and may be consumed on or off the premises.

      (304.1)"Fast food restaurant" means an establishment where principal business is the sale of food and/or beverages in a ready-to-consume state for consumption:

      (305)    "Standard restaurant" means 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 (1) or both of the following characteristics:

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

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

      (306)    "Restrictive covenant" means a restriction on the use of land usually set forth in the deed.

      (307)    "Retail" means sale to the ultimate consumer for direct consumption and/or use and not for resale.

      (308)    "Retail services" means establishments providing services or entertainment, as opposed to products, to the general public, including eating and drinking places, hotels and motels, finance, real estate and insurance, personal services, motion picture, amusement and recreation services, health, educational and social services, museums and galleries.

      (309)    "Rezoning" means an amendment to or a change in the Zoning Code. Rezoning can take three (3) forms:

      (310)    "Right of way" means 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. No permanent structure of any type shall be constructed or placed in the right of way.

      (311)    "Right-of-way lines" means the lines that form the boundaries of a right of way.

      (312)    "Ringelmann chart" means a device used to measure the opacity of smoke emitted from stacks and other sources.

       (313)    "Gable roof" means a ridge roof forming a gable at both ends of the buildings.

      (314)    "Gambrel roof" means a gabled roof with two (2) slopes on each side, the lower steeper than the upper.

      (315)    "Hip roof" means a roof with sloping ends and sides.

      (316)    "Mansard roof" means a roof with two (2) slopes on each of four (4) sides, the lower steeper than the upper.

      (317)    "Shed roof" means a roof with one (1) slope.

      (318)    "Habitable room" means a room occupied or designed to be occupied by one (1) or more persons for living, sleeping, eating or cooking, including kitchens serving a dwelling unit; but not including bathrooms, toilet compartments, laundries, pantries, cellars, attics for storage and other similar spaces.

      (319)    "Rooming house". See "boarding house" in subsection (a)(28) hereof.

      (326)    "College, university or seminary school" means 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 shall either:

         A.    Offer general academic instruction equivalent to the standards prescribed by the State of Ohio, Board of Education; or

         B.    Confer degrees as college or university, junior college or community college with undergraduate or graduate standing; or

         C.    Conduct research; or

         D.    Give religious instruction.

      (327)    "Trade, business or other school" means 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 Zoning Code.

      (328)    "Fine arts school". See "commercial studio" and "instructional studio" in subsections (a)(402) and (403).

      (329)    "Vocational school" means a school offering training and instruction in vocations including, but not limited to, medical, dental and animal health technicians, barbers and beauty operators.

      (330)    "Screening" means a physical barrier of living or nonliving material that separates and/or obscures vision from a higher intensity land use to a residential use.

      (331)    "Service clubs" means an association organized and operated not-for-profit for persons who are bona fide members paying annual dues, which owns, hires or leases premises, the use of which premises is restricted to such members and their guests. The affairs and management of such association are conducted by a board of directors, executive committee or similar body chosen by the members at their annual meeting.

         Food, meals and beverages may be served on such premises, provided adequate dining room space and kitchen facilities are available. Alcoholic beverages may be sold or served to members and their guests, provided such service is secondary and incidental to the promotion of some other common objective of the organization, and further provided that such sale or service of alcoholic beverages is in compliance with all applicable Federal, State, County and local laws.

      (332)    "Service station". See "vehicular service station" in subsection (a)(448) hereof.

      (333)    "Services" means establishments primarily engaged in providing services for individuals, business and government establishments and other organizations; including hotels and other lodging places; establishments providing personal, business, repair and amusement services; health, legal, engineering and other professional services; educational institutions; membership organizations, and other miscellaneous services. See "business services" in subsection (a)(50) hereof, "personal services" in subsection (a)(259) hereof and "retail services" in subsection (a)(308) hereof.

      (334)    "Setback line" means that line which is the required minimum distance as measured from the street right-of-way line as identified on the City's official thoroughfare plan or any other lot line that establishes the area within which the principal structure shall be erected or placed. See also "building line" in subsection (a)(39) hereof.

      (335)    "Central or group sewers" means 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.

      (336)    "On-site sewers" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process and equally satisfactory process for the elimination of the sewage, and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction.

      (337)    "Shared housing" means a housing arrangement for more than three (3) independent elderly persons who pool their resources to maintain a single housekeeping unit.

      (338)    "Shopping center" means a group of commercial establishments planned, constructed and managed as a total entity with customer and employee parking provided on-site, provision for goods delivery separated from customer access, aesthetic considerations and protection from the elements. Comment: Shopping centers are further defined by size and the area their shoppers come from:

         A.    A super regional center includes retail, office and service uses, occupies over 100 acres, has four (4) or more anchor stores and contains over 1,000,000 square feet of gross leasable space;

         B.    A regional shopping center contains a wide range of retail and service establishments, occupies fifty (50) to 100 acres of land, has at least one (1) or more anchor stores and contains over 400,000 square feet of gross leasable space. It draws its clientele from as much as a forty-five (45) minute drive away;

         C.    Community shopping centers shall feature a junior department store with approximately 150,000 square feet of gross leasable area, and have a site area of ten (10) to twenty-five (25) acres. Its clientele will come a radius of a ten (10) minute drive from the center;

         D.    Neighborhood shopping centers generally sell goods necessary to meet daily needs, occupies up to ten (10) acres, has up to 100,000 square feet of gross leasable area, and draws its clientele from a five (5) minute radius from the center.

      (345)    "Awning, canopy or marquee sign" means a sign that is mounted on or painted on or attached to an awning, canopy or marquee.

         (Ord. 995-92. Passed 1-14-93.)

    (345.5)   "Billboard." For the purposes of this zoning code, the term "Billboard" shall have the same meaning as "Off-Premises Sign", Section (363.5), and the two terms shall be considered interchangeable.

    (345.6)   "Digital Billboard" means any Off-Premises Sign for which the message displayed in the visible sign area is changeable, such changes being controlled by a computer or other electronic means, and where the images displayed in the visible sign area are displayed through the coordinated arrangement of multiple light sources.

         (Ord. 1737-09. Passed 5-28-09.)

      (346)    "Business sign" means a sign which directs attention to a business, profession, service, product or activity sold or offered upon the premises where such sign is located.

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

         (Ord. 995-92. Passed 1-14-93.)

      (347.1)"Commercial advertising sign" means any sign which describes, touts or offers for sale a product or service either directly or indirectly. Commercial advertising signs also include signs advertising the availability of real estate for sale, lease or rent when such signs are not located on the parcel or real estate being advertised and signs which identify or promote a business or institution.

         (Ord. 1039-93. Passed 10-14-93.)

      (348)    "Construction sign" means a sign advertising the development or improvement of a property by a builder, contractor or other person furnishing services, material or labor to such premises, which sign is intended for a limited period of display and erected on the same lot as the work being done.

      (349)    "Directional sign" means a sign directing vehicular or pedestrian movement onto a premise or within a premise.

      (350)    "Domestic advertising sign" means a sign advertising the sale of household goods previously used by an individual or his family, when such sign is located at the place of residence of the individual or family.

      (351)    "Sign face" means the surface of the sign upon, against or through which the message of the sign is exhibited.

      (352)    "Flashing sign" means any sign having a conspicuous and intermittent variation in the illumination of the sign.

      (353)    "Free-standing sign" means a sign which is supported by one (1) or more uprights, poles, or braces in or upon the ground.

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

         (Ord. 995-92. Passed 1-14-93.)

      (355)    "Ground sign" means a free-standing sign supported by one (1) or more uprights, braces or pylons located in or upon the ground, or something requiring location on the ground. (Ord. 1209-97. Passed 10-9-97.)

      (356)    "Sign height" means 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.

      (357)    "Holiday decoration sign" means temporary signs, in the nature of decorations, clearly incidental to and customarily and commonly associated with any national, local or religious holiday.

      (358)    "Identification sign" means a sign which is limited to the name, address and number of a building, institution or person and to the activity carried on in the building or institution, or the occupancy of the person.

      (359)    "Sign illumination" means any sign illuminated by electricity, gas or other artificial light including reflecting or phosphorescent light.

         A.    "Indirect illumination" means a light source not seen directly.

         B.    "Internal illumination" means a light source concealed or contained within the sign, and which becomes visible in darkness through a translucent surface.

      (372)    "Real estate sign" means a sign advertising for sale, lease or rent the parcel of 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.

      (383)    "Site" means a plot of land intended or suitable for development; also the ground or area on which a building or town has been built. See also "parcel" in subsection (a)(248) hereof, "plot" in subsection (a)(263.1) hereof and "site plan" in subsection (a)(384) hereof.

      (384)    "Site plan" means the development plan for one (1) or more lots on which is shown the existing and proposed conditions of the lot including; topography, vegetation drainage, floodplains, marshes and waterways; open spaces, walkways, means of ingress and egress, utility services, landscaping, structures and signs, lighting and screening devices; any other information that reasonably may be required in order that an informed decision can be made by the approving authority.

      (385)    "Sketch (concept; outline) plan or plat" means a generalized map that is prepared by a developer, usually before the preapplication 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 regulation. Its purpose is simply to serve as a basis for discussion without either side making commitments.

      (386)    "Soil erosion and sediment" means a plan that indicates necessary land treatment measures, including a schedule for installation, which shall effectively minimize soil erosion and sedimentation.

      (387)    "Special District" means a particular zoning designation and related provisions applied to certain areas of the City which are characterized by unique physical attributes and/or circumstances. Two (2) examples of such districts are Floodplain designation and Historic Districts.

      (388)    "Special use". See subsection (a)(441) hereof.

      (389)    "Spot zoning" means 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" requirements of State enabling legislation. The "spotness" 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 an historic area or to preserve a sensitive natural area. "Spot zoning", in sum, can be legal or illegal, but laymen generally think that it always is illegal and use the term loosely, and disparaging at public hearings when they oppose the change.

      (390)    "Stable" means a structure that is used for the shelter or maintenance of horses and cattle.

      (391)    "Standards", while often used loosely to refer to all requirements in a Zoning Code, usually means site design regulations such as lot area, height limits, frontage, landscaping, yards and floor area ratio, as distinguished from use restrictions.

      (392)    "Statement of intent (statement of purpose)" means a statement of policy or objectives, often incorporated in a Zoning Code, which outlines the broad purpose of the Zoning Code 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 Codes 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.

      (393)    "Steep slopes" means land area where the inclination of the land's surface from the horizontal is twelve percent (12%) or greater. Slope is determined from on-site topographic surveys prepared with a two (2) foot contour interval.

      (394)    "Strip zoning" means 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, 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 severely reduces road carrying capacity. And in other cities, strips of convenience stores and other retail stores are found scattered within residential neighborhoods.

          "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.

      (395)    "Story" means that 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 not a floor above, then the ceiling next above. A story thus defined shall not be counted as a story when more than fifty percent (50%), by cubic content, is below the height level of the adjoining ground.

      (396)    "Half story" means an uppermost story lying under a sloping roof, the usable floor area of which, at a height of four (4) feet above the floor does not exceed two-thirds (2/3) of the floor area in the story directly below, and the height above at least 200 square feet of floor space is seven (7) feet, six (6) inches.

      (397)    "Street". See "thoroughfare, street or road" in subsection (a)(419) hereof.

      (398)    "Structural alteration" means any change in the supporting members of a building, such as the bearing walls, beams or girders, or any change in the dimension or configuration of the roof or exterior walls.

      (399)    "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, fences and billboards.

      (400)    "Studio" means a building or portion of a building used as a place of work by an artist, photographer or artisan, or used for radio or television broadcasting.

      (401)    "Studio apartment". See "efficiency dwelling unit" in subsection (a)(123) hereof.

      (402)    "Commercial studio" means a commercial operation which includes the sale of, and may include the instruction in, arts and crafts, dance, music and instruments, commercial photography and other similar commercially oriented operations.

      (403)    "Instructional studio" means an operation involving fine arts and crafts, oriented primarily to instruction, such as the studio of an artist, sculptor, ceramics teacher or other similar person teaching arts and crafts, not including dance or music lessons.

      (404)    "Subdivision" means:

         A.    The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, 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 division or partition of land into parcels of more than five (5) acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted; or

         B.    The improvement of one (1) or more parcels of land for residential, commercial or industrial structures or groups or structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open space for common use by owners, occupants or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See also "minor subdivision" in subsection (a)(405) hereof.

      (405)    "Minor subdivision" means a division of a parcel of land that has the following characteristics:

      (406)    "Supermarket" means a single owner large self-service retail food and household-goods store, which provides on-site customer and employee parking, provision for goods delivery separated from customer access. Supermarkets may also be a part of a group of commercial establishments constructed and managed as a total entity. See "neighborhood shopping centers" in subsection (338)D. hereof.

      (407)    "Supply yards" means a commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.

      (408)    "Surveyor" means any person registered to practice surveying.

      (409)    "Swale" means a depression in the ground which channels run-off.

      (410)    "Swimming pool" means a pool, pond, lake or open tank containing over eighteen (18) inches of water at any point and maintained by the owner or manager.

         A.    "Private swimming pool" is exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.

         B.    "Community swimming pool" is operated by the City of Moraine with a charge for admission, a primary use.

      (411)    "Taking" means to take, expropriate, acquire or seize property without compensation. See "eminent domain" in subsection (a)(133) hereof.

      (412)    "Tank farm" means an open air facility containing a number of above- ground, large containers for the bulk storage of material in gaseous, liquid, powder or pellet form.

      (413)    "Tavern" means an establishment used primarily for the serving of liquor by the drink to the general public and where food or packaged liquors may be served or sold only as accessory to the primary use.

         (Ord. 995-92. Passed 1-14-93.)

      (413.l)"Telecommunication Definitions".

         A.    "Personal Wireless Services" means commercial mobile radio services (CMRS), unlicensed wireless services, common carrier wireless exchange services and functionally equivalent services.

         K.    "Intrusive" means interrupting, or having the effect of interrupting, the general motif of the area surrounding the site in question. This regards issues including, but not limited to, aesthetics, safety, visibility, etc.

         L.    "Micro Antennas" mean any telecommunication antenna which consist solely of the antenna and which do not have any supporting structures other than brackets, including micro cells.

      (414)    "Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased.

         E.    "Dead-end street" means a street temporarily having only one (1) outlet for vehicular traffic and intended to be extended or continued in the future.

         F.    "Local street" system comprises all facilities not on one (1) of the higher systems. It serves primarily to provide direct access to abutting land and access to the high order systems. Service to through traffic movement usually is deliberately discouraged.

         G.    "Loop street" means 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 1,000 feet from such arterial or collector street, nor normally more than 600 feet from each other.

         H.    "Marginal access street" means 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 (also called frontage streets).

         I.    "Alley" means a service way providing a secondary means of public access to the rear of abutting property and not intended for general traffic circulation. (Ord. 995-92. Passed 1-14-93.)

      (420.5)   "Townhouse". See "townhouse dwelling" in subsection (a)(119) hereof.

      (421)    "Tract" means an area, parcel, site, piece of land or property which is the subject of a development application.

      (422)    "Trailer" means 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.

      (423)    "Trailer court". See "manufactured/mobile home park" in subsection (a)(209) hereof.

      (424)    "Transfer of development rights (TDR)" means the removal of the right to develop or build, expressed in dwelling units per acre, from land in one (1) zoning district to land in another district where such transfer is permitted.

      (425)    "Transition zone" means a zoning district permitting transitional uses.

      (426)    "Transitional lot" means a specified lot, or lots, adjoining a specified lot, or lots, in another district. The "transitional" identification is used when special transitional regulations are applied to deal with possible conflicts of uses at district boundaries. Transitional yard requirements may be imposed at these locations to act as a sort of buffer zone.

      (427)    "Transitional use" means a use permitted under the Zoning Code, which, by its nature or level and scale of activity, acts as a transition or buffer between two (2) or more incompatible uses.

      (428)    "Trash containers" means:

         A.    "Can-type trash and refuse receptacles" means that type of refuse container not exceeding forty (40) gallon capacity which can be manually lifted and dumped.

         B.    "Metal dumpster" means that type of trash and refuse containers which exceed forty (40) gallon capacity, and are self-dumping by means of a specially designed front, side or rear loading vehicle.

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

      (430)    "Truck camper" means a structure designed to fit into the bed of a pick-up truck and used for temporary shelter and sleeping.

      (431)    "Truck stop " means any building, premises or land in which or upon which a business, service or industry involving the maintenance, servicing, storage or repair of commercial vehicles is conducted or rendered, including the dispensing of motor fuel or other petroleum products directly into motor vehicles, the sale of accessories or equipment for trucks and similar commercial vehicles. A "truck stop" also may include overnight accommodations and restaurant facilities solely for the use of truck crews.

      (432)    "Truck terminal" means premises which are used for loading or unloading of trucks upon which storage of cargo is incidental to the primary function of motor freight shipment or shipment point, and which is designed to accommodate the simultaneous loading or unloading of two (2) or more trucks.

      (433)    "Two-family dwelling" or "duplex". See subsection (a)(121) hereof.

      (434)    "Usable open space" means outdoor or unenclosed area on the ground, or on a roof, balcony, deck, porch or terrace, designed and accessible for outdoor living, recreation, pedestrian access or landscaping, but excluding parking facilities, driveways, utility or service areas, or any required front or street side yard, and excluding any space with a dimension of less than eighty (80) square feet.

      (435)    "Usable floor area" means, for the purpose of computing parking, that 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, or for utilities, shall be excluded from this computation of "usable floor area". Measurement of floor area shall be the sum of gross horizontal area of the several floors of the building, measured from the interior faces of the exterior walls.

      (436)    "Use" means the specific purpose for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.

      (437)    "Accessory use" means one which:

         A.   Is subordinate to and serves a principal structure or a principal use;

         B.    Is subordinate in area, extent and purpose to the principal structure or use served;

         C.    Is located on the same lot as the principal structure or use served except as otherwise expressly authorized by provisions of this Zoning Code; and

         D.    Is customarily incidental to the principal structure or use.

      (438)    "Nonconformance use" means a use which lawfully occupied a building or land at the time this Zoning Code or an amendment hereto became effective and which does not now conform with the use regulations applicable in the zone district in which it is located.

      (439)    "Principal use" means a use which fulfills a primary function of a household, establishment, institution or other entity.

      (440)    "Permitted use" means a use listed by the regulations of any particular district as a permitted use within that district, and permitted therein as a matter of right when conducted in accord with the regulations established by this Zoning Code. (Ord. 995-92. Passed 1-14-93.)

      (441)    "Special use" means a use permitted within a district other than a use by right, requiring specific approval by City Council following their review of the proposed plan. (Ord. 1203-97. Passed 7-10-97.)

      (442)    "Temporary use". See subsection (a)(415) hereof.

      (443)    "Transitional use". See "transitional use" in subsection (a)(427) hereof.

      (444)    "Underground storage tank" means any one or combination of tanks (including underground pipes connected thereto) which is used to contain an accumulation of regulated substances and the volume of which (including the volume of underground pipes connected thereto) is ten percent (10%) or more beneath the surface. Flow-through process tanks and septic tanks approved by the Health Department or Ohio Environmental Protection Agency, as applicable, are excluded from the definition of underground storage tanks.

      (445)    "Van" means:

         A.    A closed vehicle with a capacity of approximately eight (8) to twelve (12) passengers; or a similar subject vehicle modified for commercial program;

         B.    A self-propelled recreational vehicle containing sleeping facilities but no bathroom or cooking facilities; or

         C.    A large truck for carrying furniture or freight.

      (446)    "Variance" means a modification of the strict terms of the relevant regulations where such modification shall 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, literal enforcement of the regulations would result in unnecessary and undue hardship.

      (447)    "Vehicle repair garage" means a place where 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.

      (448)    "Vehicular service station" means 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 the public on the premises; including sale of minor accessories and services for automobiles. These facilities are distinguished from "truck stops" which are primarily established to service trucks.

      (449)    "Vested right" means a right that 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 shall 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 shall be established, and the new regulations shall have to be complied with.

         Vested rights are often established by showing that some development permit has been obtained and substantial construction on the project started. How much construction or land improvements shall 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.

      (450)    "Veterinary animal hospital or clinic" means 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.

      (451)    "Vicinity map" means a drawing located on a 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.

      (452)    "Vocational school". See subsection (a)(329) hereof.

      (453)    "Walkup" means an apartment building of more than two (2) stories that is not equipped with an elevator.

      (454)    "Warehouse" means a building or portion thereof used and appropriated by the occupancy:

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

         B.    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.

      (455)    "Wastewater" means water carrying wastes from homes, businesses and industries that is a mixture of water and dissolved or suspended solids, or excess irrigation water that is run-off to adjacent land.

      (456)    "Watercourse" means any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks, and includes any area adjacent thereto subject to inundation by reason of overflow or flood water.

      (457)    "Well field" means a tract of land that contains a number of wells for public water supply.

      (458)    "Wholesale trade" means establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

      (459)    "Woodland" means an area of planted material covering one (1) acre or more and consisting of thirty percent (30%) or more canopy trees having an eight (8) inch or greater caliper, or any grove consisting of eight (8) or more trees having a ten (10) inch or greater caliper.

      (460)    "Mature woodland" means an area of plant material covering one (1) acre or more and consisting of thirty percent (30%) or more canopy trees having a sixteen (16) inch or greater caliper, or any grove consisting of eight (8) or more trees having an eighteen (18) inch or greater caliper.

      (461)    "Young woodland" means an area of plant material covering one (1) acre or more and consisting of seventy percent (70%) or more canopy trees having a two and one-half (2-1/2) inch caliper or greater, or a tree plantation for commercial or conservation purposes where seventy percent (70%) or more of the canopy trees have a two and one-half (2-1/2) inch or greater caliper.

      (462)    "Wrecking yard". See "junk yard" in subsection (a)(191) hereof.

      (463)    "Yard" means a required open space other than a court unoccupied and unobstructed by any structure or portion of a structure from three (3) feet above the general ground level of the graded lot upward, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. (Ord. 995-92. Passed 1-14-93.)

      (464)    "Front yard" means an open space extending the full width of the lot between a building and the front lot line, except as hereinafter specified. See Figure II. A through lot shall be required to have a front yard on each street abutting the lot. On a corner lot, the street right-of-way line with the least amount of street frontage shall be the front lot line, however:

         A.    "Front yard (least depth)" means the shortest distance, measured horizontally, between any part of the building, and the front lot line.

         B.    "Front yard (least depth, how measured)": such depth shall be measured from the right-of-way line of the existing street on which the lot fronts; provided, however, that if the proposed location of the right-of-way line of such street as established on the Thoroughfare Plan differs from that of the existing street, then the required front yard least depth shall be measured from the right-of- way line of such street as is designated on such Thoroughfare Plan.

      (465)    "Rear yard" means an open space extending the full width of the lot between a building and the rear lot line, except as hereinafter specified. See Figure II.

         A.    "Rear yard (least depth)" means the average distance measured horizontally between any part of a building and the nearest rear lot line.

      (466)    "Side yard" means an open space extending from the front yard to the rear yard between a building and the nearest side lot line except as hereinafter specified. See Figure II.

         A.    "Side yard (least width)" means the shortest distance, measured horizontally, between any part of a building, other than such parts hereinafter excepted, and the nearest side lot line.

         B.    "Side yard (least width, how measured)": such width shall be measured from the nearest side lot line. On a corner lot when the side lot line is a side street lot line, the required side yard shall be the same as the required front yard of the lot adjacent thereto.

      (467)    "Zone". See "zoning district" in subsection (a)(474) hereof.

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

      (469)    "Zoning" means a police power measure, enacted primarily by general purpose units of local government, in which the community is divided into districts or zones within which permitted and special uses are established as are regulations governing lot size, building bulk, placement and other development standards. Requirements vary from district to district, but they shall be uniform within districts. The Zoning Code consists of two (2) parts; a definition of zoning still applies, but recent innovations in flexible zoning, for example, floating zones and expansion of special use permit controls, have begun to blur some of the Zoning Code's neatness and clarity.

      (470)    "Zoning Administrator" means employee(s) of the City of Moraine, Ohio, empowered by the City Manager to administer, enforce and interpret the provisions, regulations and requirements of the Zoning Code. Decisions of the official usually are appealable to the Board of Zoning Appeals.

      (471)    "Zoning amendment". See "rezoning" in subsection (a)(309) hereof.

      (472)    "Zoning Board of Appeals". See "Board of Appeals" in subsection (a)(27) hereof.

      (473)    "Certificate of zoning compliance" means a document issued by the City of Moraine stating that a development is in compliance with all conditions, requirements, and provisions of the Zoning Code.

      (474)    "Zoning district" means a section of a Municipality or county designated in the Zoning Code text and (usually) delineated on the zoning map, in which requirements for the use of land and building and development standards are prescribed. Within each district, all requirements shall be uniform.

      (475)    "Zoning envelope" means the three (3) dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks and sky exposure plane regulations.

      (476)    "Zoning map" means the map delineating the boundaries of districts which, along with the zoning text, comprises the Zoning Code.

      (477)    "Zoning permit" means a document signed by the Zoning Inspector, as required by this Zoning Code, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building, which complies with the provisions of the Zoning Code or authorized variance therefrom.

      (478)    "Zero lot line" means a development approach in which a building is sited on one (1) or more lot lines with no yard. Conceivably, three (3) of the four (4) sides of the building could be on the lot lines. The intent is to allow more flexibility in site design and to increase the amount of usable open space on the lot. Virtually all zoning developments have been permitted, they have been handled through variances or planned unit development procedures, or other devices which allow for site plan review. The few ordinances which specifically authorize the zero lot line approach do so as an exception to prevailing regulations and under clearly defined circumstances. (Ord. 995-92. Passed 1-14-93.)

      (1)    Name, address and phone number of applicant;

      (2)    Legal description of property;

      (3)    Description of existing use;

      (4)    Zoning district;

      (5)    Description of proposed special use;

      (6)    The location and dimensions of all proposed drives, service and access roads, sidewalks, curb openings, signs, exterior lighting, parking lot areas (showing dimensions of a typical parking space), unloading areas, walls, fences and landscaping;

      (7)    Proposed land uses and proposed height, bulk and location of principal structures sufficient to permit an understanding of the style of the development. In this regard, typical elevation views of the front and side of each type of building shall be provided. Proposals containing residential units shall specify the number of housing units by size, type and respective location upon the site;

      (8)    A narrative statement evaluating the effects on adjoining property; the effect of such elements as noise, glare, odor, fumes and vibration on adjoining property with adjacent and other properties in the district; and the relationship of the proposed use to the Zoning District Map;

      (9)    The fee payment for special zoning permits; and

      (10)    The Zoning Administrator may waive certain required submission items identified in subsections (b)(6) and (7) hereof if he/she determines that their inclusion in any individual application is unnecessary.

   (i)   Shall not result in the destruction, loss or damage of the natural, scenic or historic feature of importance. (Ord. 1413-01. Passed 7-26-01.)

      (4)    No Sexually Oriented Business shall be established within a radius of 1,000 feet of any other Sexually Oriented Business or within a radius of 1,000 feet of any two (2) of the following establishments (or of any one establishment which contains any two of the following activities):

         A.    The care of ill and/or household animals;

         B.    The overnight boarding of ill and/or injured household animals; and

         C.    The sale of goods used in the care of household animals.

      (2)    Care and boarding shall be limited to small animals and may not include cattle, horses or swine.

      (3)    All activities other than off-street parking and loading/unloading shall be conducted within a fully enclosed structure. Outside runs shall be permitted only in a Business District where they shall be at least 200 feet from any lot in a Residential District.

      (4)    Structures shall be designed and maintained in a manner to prevent the development of unsanitary conditions which could result in unpleasant odor or vermin nuisance.

      (5)    Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so that animal noises shall not be audible at any point on the perimeter of the property.

      (6)    A solid wood fence or masonry wall six (6) feet high shall be constructed where an animal hospital, veterinary clinic or kennel is located adjacent to a Residential District.

      (1)    Any building used for service and repair work shall be located a minimum of fifty (50) feet from any adjacent residential property.

      (2)    Entrances and exits shall be screened by six (6) foot high gates which have a minimal of eighty percent (80%) opacity.

      (3)    Such entrance gates shall be set back a minimum of fifty (50) feet from the right of way of the adjacent thoroughfare to facilitate turning movements into the facility.

      (4)    Unsafe storage of waste or hazardous material that creates a pollution threat or a fire hazard, or is an attraction to rodents or insects, is not permitted.

      (5)    The height of the stored materials may not exceed the height of the screening;

      (6)    A solid wood fence, louvered fence, masonry wall, solidly constructed decorative fence or any combination of which has eighty percent (80%) opacity shall be provided along the perimeter of any outdoor storage area unless entirely screened visually by an intervening structure or existing conforming buffer from an abutting property;

      (7)    Exterior lighting shall be directed inward and away from abutting properties.

      (8)    All outdoor storage area shall be placed to the rear of the property.

      (9)    All vehicles which are awaiting repair or estimating of repair services shall be placed within a screened area within two (2) hours of delivery to the site.

      (1)    The minimum land area per family or family unit shall be 2,000 square feet.

      (2)    The minimum yard area per family or family unit, which shall include parking squares and driveways, shall be 1,000 square feet.

      (3)    The minimum living area of the living unit, if one (1) story, shall be 450 square feet, and if more than one (1) story shall be 800 square feet.

      (4)    The minimum distance between any building and the established or proposed right of way as shown on the City's Official Thoroughfare Plan shall be twenty-five (25) feet and no parking shall be permitted closer than ten (10) feet to such right of way.

      (5)    The minimum distance between any building and the perimeter of the residential development plan area shall be ten (10) feet, and no parking shall be permitted within this area.

      (6)    The minimum distance between any two (2) buildings shall be the height of the higher building, but in no case shall be less than twenty-five (25) feet.

      (7)    The minimum width of any automobile driveway shall be twenty (20) feet.

      (8)    The minimum number of parking spaces shall be one and one-half (1.5) per family unit and shall be off-street parking.

      (1)    Such uses shall not be placed within the street right of way, within an interior drive, or in a location which shall interfere with vehicle sight distance.

      (2)    Placement of the use shall not result in the reduction of the number of parking spaces required to serve the principal use(s) on the site.

      (3)    The subject use shall be maintained in good order and appearance.

      (4)    Signage shall be controlled by the provisions of the specific zoning district in which located.

      (5)    A specific schedule of operation shall be filed and approved as part of the submitted application for special use. (Ord. 1203-97. Passed 7-10-97.)

         A.    The provisions of this section shall be effective within the Well Field Protection Overlay District. This section provides for pollution control pertaining to the public water supply.

         B.    Nothing contained in this section shall be construed so as to interfere with any existing or future lawful requirements that may be, or heretofore were, imposed by any other public body authorized to enact sanitary, health or water pollution abatement restrictions so long as such requirements are consistent with, or more stringent than, the stated purpose of this section.

         A.    Any person found in violation of any provision of this section or any order, requirement, rule or regulation issued under the authority of such section will be served with a written notice stating the nature of the violation and providing reasonable time for compliance; provided, however, written notice of violation may be dispensed with under the conditions described in subsection (c)(2) hereof and provided further, that if the Zoning Officer has previously promulgated a schedule of compliance or issued an order addressing the same type of or a similar violation and the time for compliance has passed, the Zoning Officer may dispense with establishing another time period for compliance.

         B.    The notice shall be served in the manner provided by law for the service of civil due process. Where the address of the violator is unknown, service may be made upon the owner of the property involved at the tax-mailing address of the owner as shown on the County tax record.

         A.    The area subject to the provisions of this section is the Well Field Protection Overlay District as shown on the Official Zoning Map of the City of Moraine.

         B.    Maps designating the Well Field Protection Overlay District shall be included as part of the Official Zoning Map for the City of Moraine.

            1.    Except as provided in subsection (c)(l)B. hereof, any owner or occupant of any land in the Well Field Protection Overlay District at the effective date of this section, shall file a Regulated Substance Activity Inventory Report with the Zoning Officer. Such report shall be filed within 180 days from the effective date of this section and at twenty-four (24) month intervals thereafter.

            2.    Except as provided in subsection (c)(l)B. hereof, any new owner or occupant of any land in the Well Field Protection Overlay District shall file a Regulated Substance Activity Report prior to receipt of a certificate of occupancy and at twenty-four (24) month intervals following the date of occupancy. For purposes of this section, new shall be defined as subsequent to the effective date of this section.

            3.    Where a person owns, operates or occupies more than one location, Regulated Substances Activity Reports shall be made for each location.

            1.    Any exclusion set forth in this subsection shall apply provided that such exclusion does not substantially increase any risk or hazard to the public health or water supply, wells or well fields; and provided further that any spill, leak, discharge or mishandling shall be subject to the provisions of subsection (c)(2) hereof. Any exclusions granted herein shall not remove or limit the liability and responsibility of any person or activity involved.

            2.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for incidental uses of regulated substances provided the uses are limited as follows:

               a.    The aggregate of Regulated Substances in use may not exceed twenty (20) gallons or 160 pounds at any time for each location.

               b.    The total use of regulated substances may not exceed fifty-five (55) gallons or 450 pounds in any twelve (12) month period for each location.

            3.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for non-routine maintenance or repair of property in the Well Field Protection Overlay District provided the uses are limited as follows:

               a.    The aggregate of regulated substances in use may not exceed fifty-five (55) gallons or 450 pounds at any time for each location.

               b.    The total use of regulated substances may not exceed 110 gallons or 900 pounds in any twelve (12) month period for each location.

            4.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for regulated substances which are cleaning agents, provided, however, such cleaning agents are packaged for personal or household use or are present in the same form and concentration as a product packaged for use by the general public, and provided the aggregate inventory of such cleaning agents shall not exceed 110 gallons or 900 pounds at any time at each location. In no case shall regulated substances claimed under the exclusion include hydrocarbon or halogenated hydrocarbon solvents.

            5.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for medical and research laboratory uses in the Well Field Protection Overlay District, provided, however, regulated substances shall be stored, handled or used in containers not to exceed five (5) gallons or forty (40) pounds of each substance and the aggregate inventory of regulated substances shall not exceed 250 gallons or 2,000 pounds at each location.

            6.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for the transportation of regulated substances through the Well Field Protection Overlay District provided that the transporting vehicle is in compliance with applicable City ordinances and Federal and Ohio laws and regulations, and provided that the regulated substance is fueling the transportation vehicle or the transportation vehicle is in continuous transit, making delivery, or is stopped for a period of time not to exceed twenty-four (24) hours.

            7.    A limited exclusion from Regulated Substance Activity Inventory Reporting is hereby authorized for owners and occupants of single, two-family, or multi-family residences provided, however, the storage and use of regulated substances are related to the maintenance of the residence or vehicles under the control of the occupant and provided waste regulated substances are appropriately disposed of to a permitted solid waste facility or a permitted publicly owned wastewater treatment works.

         A.    Any person with direct knowledge of a spill, leak or discharge of a regulated substance within the Well Field Protection Overlay District shall, if such a spill, leak or discharge escapes containment, contacts a non-impervious ground surface and is not immediately and completely remediated, give immediate notice to the operator on duty at the City of Moraine Police and Fire Dispatch Center, and the Director of the Montgomery County Sanitary Engineering Department or the operator on duty at the Montgomery County Sanitary Engineering Department Water Division, and the land owner of record, agent and lessee. The notification shall include, at a minimum, the location of the incident, name and telephone number, date and time thereof, type of substance(s), concentration and volume, and control or corrective action taken. Such notification shall in no way alleviate other local, State and Federal reporting obligations as required by law.

         B.    Any entity or person who spills, leaks or discharges a regulated substance within the Well Field Protection Overlay District shall be liable for any reasonable expense, loss or damage in response to such an incident incurred by Montgomery County, the City of Moraine, and other protected public water supply utilities operating within the City of Moraine, in addition to the amount of any fines imposed on account thereof under Ohio and federal law. Such person shall document and maintain sufficient records so as to reflect accurately the circumstances related to any such incident and develop and implement procedures to substantially eliminate the likelihood of reoccurrence of such spills, leaks or discharges as soon as practicable following the incident, but no later than 180 days after the incident.

         A.    Underground Storage Tanks Declared to Constitute Dangerous Nuisances.

            1.    With the exception of the residential use of home heating fuel in tanks having a capacity equal to or less than 500 gallons, and underground storage systems for accessory vehicle fuel, vehicle lubricants, fuel for building heating and fuel for process heating, any storage of Regulated Substances in underground storage tanks within the Well Field Protection Overlay District shall be deemed to constitute a dangerous nuisance. Every such nuisance must and shall be abated no later than five (5) years from the effective date of this section.

            2.    With the exception of residential use of home heating fuel in tanks having a capacity equal to or less than 500 gallons, any underground storage tank systems for accessory vehicle fuel and lubricants and fuel for building and/or process heating which are not currently monitored in accordance with State statute within the Well Field Protection Overlay District must be removed within five (5) years from the effective date of this section and must be secondarily contained and monitored in accordance with plans submitted to and approved by the Zoning Officer.

         A.    Cause cessation of such activity or use of the regulated substance;

         B.    Require the provision of administrative controls and/or facilities sufficient to mitigate such danger; and/or

         C.    Cause the provision of pollution control and/or abatement activities.