ABANDONMENT. The discontinuance of the occupation and productive use of the property by the owner. Abandonment may be presumed if the property is unoccupied and any of the following may occur:

      (1)   Orders have been issued against the owner of the property for violations of any state, county, or municipal building, health, fire or property maintenance code, and attempts to serve process on such orders and/or criminal citations have been unsuccessful;

      (2)   Owner no longer resides at the tax mailing address listed on the tax duplicate maintained by the County Auditor;

      (3)   The owner is a corporation that is not licensed to do business in the State of Ohio or, having been licensed, is no longer in good standing; or

      (4)   The named owner is deceased and no probate estate has been opened within six months of the death of the named owner.

   ABUTTING. Having a common border; touching.

   ALLEY. A public or private right-of-way, other than a street, road, crosswalk, or easement, which affords only a secondary means of access to abutting property.

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

   ANIMAL HOSPITAL. A place, licensed by the State of Ohio, 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 treatment, observation and/or recuperation.

   APPLICANT. The owner of real estate or an appointed agent of an owner, who makes application to the city for action by the Planning Commission or Board of Zoning Appeals.

   ASSISTED ELDERLY HOUSING. A multiple family structure, controlled either by a public body, institutional body, or nonprofit corporation, a majority of whose occupants shall be 65 years of age or over, or a multiple family structure where each unit is occupied by at least one person who is 55 years of age or over and is retired, and where the rental arrangement includes primarily non-medical services to deal with the activities and instrumental activities of daily living.

   AUDITORIUM, ASSEMBLY HALL, PLACE OF PUBLIC ASSEMBLY. A place where large groups of people gather for events and programs for recreational, social or educational purposes.

   AUTOMOBILE BODY SHOP. A place for repairing automobile body, chassis, springs or frames.

   AUTOMOBILE FILLING STATION. Buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail, and where, in addition, minor repair, tune-ups and adjustments may be performed. Furthermore, the sale of convenience goods, such a prepackaged foods and drinks, and sundries, may be permitted as an accessory use.

   AUTOMOBILE REPAIR ESTABLISHMENT. A building or lot utilized for repairing automobiles exclusive of body, chassis springs, junk, wrecking, and frame repairs.

   AUTOMOBILE SALES AND SERVICE. The sale or rental of new and/or used motor vehicles, boats or recreational vehicles, which are displayed and sold on the premises. Such facility may include repair work incidental to the primary sales of vehicles for repair.

   AWNING. Any structure made of cloth, fiberglass or metal with a frame attached to a building and projecting into a required yard or over a public right-of-way.

(Ord. 2003-51, passed 5-20-03)

   BASEMENT. A story having part but not more than one-half of its height below grade. A basement is counted as a story for the purpose of height regulations if subdivided and used for dwelling purposes other than a janitor employed on the premises.

   BED AND BREAKFAST ESTABLISHMENT. A detached single family house or portion thereof, where short term lodging and meals are provided for compensation, but for no more than two occupied rooms at a time, and where the operator lives on the premises.

   BENCH, SIGN AND BILLBOARD. See Chapter 1290.

   BOARD. The Board of Zoning Appeals as established in this zoning code.

   BUFFERYARD. A naturally maintained green area of land used to visibly separate one use from another or to shield or block noise, lights, or other nuisances.

   BUILD. To erect, convert, enlarge, reconstruct or structurally alter a building or structure.

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

   BUILDING, ACCESSORY. A subordinate structure on the same lot as a principal or main building or use.

   BUILDING, HEIGHT OF. The vertical distance from the average elevation of the proposed finished grade at the front of the building 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.

   BUILDING, PRINCIPAL. The building in which is conducted the principal use of the lot on which it is located.

   BUSINESS, RETAIL. Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A retail business use includes, but is not be limited to such activities as: supermarkets; stores that sell hardware, apparel, footwear, appliances, furniture, department stores, and discount stores.

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

   BUILDING FRONTAGE. The side of a building that abuts the front yard or the side of the building where the street address is located, if different.

   BUILDING LINE. A line parallel to the street right-of-way line representing the distance which all or any part of the building is set back from the right-of-way line.

   BUILDING MATERIALS. Materials from which the structural and enclosure components of a building are composed.

(Ord. 2003-51, passed 5-20-03)

   CANOPY. Any structure, made of cloth or metal with frames, other than an awning or a freestanding structure, that is attached to a building, projecting over a sidewalk

   CAR WASH. The use of a site, a building or portion of a building for washing, cleaning and detailing of passenger vehicles, recreational vehicles, or other light duty equipment.

   CELLAR. A building story having more than one-half of its height below grade. A cellar is not included in computing the number of stories for the purpose of height measurement.

   CEMETERY. Land used or intended to be used for the burial of human or animal dead and dedicated for cemetery purposes including columbariums and mausoleums, when within the boundaries of such cemeteries.

   CHILD DAY CARE CENTER. Any place recognized by Ohio R.C. 5104.01 in which child care is provided for preschool or school age children.

   CITY. The City of Reading, Ohio.

   CLINIC, MEDICAL OR DENTAL. A place for the treatment of persons in need of medical or dental care that does not include overnight care facilities.

   CLUB. A nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose. Clubs shall exclude religious places of worship or groups organized solely or primarily to render a service customarily carried on as a commercial enterprise.

   COMMERCIAL ENTERTAINMENT FACILITY. A facility for any profit-making activity which is generally related to the entertainment field, such as motion picture theaters, carnival, race tracks, miniature golf, video game rooms and similar entertainment activities.

   COMMISSION. The Planning Commission of the city.

(Ord. 2003-51, passed 5-20-03)

   DENSITY. The number of dwelling units per acre of land.

      (1)   GROSS DENSITY. A number of units per acre of the total land to be developed, including public right-of-way and dedicated open space.

      (2)   NET DENSITY. A number of units per acre of land when the acreage involved includes only the land devoted to intended uses, excluding public right-of-way and dedicated open space.

   DEVELOPMENT. Any man-made change to improved or unimproved real estate. Development does not include activities such as the maintenance of existing buildings and facilities such as painting, re-roofing, resurfacing roads, or gardening.

   DISTRICT. A section of the city also called a zone identified on the district map of this zoning code for which the regulations governing the use of buildings and premises, or the height and area of buildings are uniform for each class of permitted use therein.

   DRIVE-IN FACILITY. Any portion of a building or structure from which business is transacted or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

   DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling or other structure intended for motor vehicle access.

   DWELLING. A building or portion thereof which is designed and used exclusively for residential purposes containing living, sleeping, housekeeping, accommodations, and sanitary facilities for occupancy by one or more families.

   DWELLING, MANUFACTURED HOUSING. A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more in width or 40 body feet or more in length or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein; which meets the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective June 15, 1976, and the federal manufactured home construction and safety standards and regulations promulgated by the Secretary of the United States Department of Housing and Urban Development. The term MANUFACTURED HOME does not include commercial trailers, job site trailers, or temporary classroom trailers or structures.

   DWELLING, MOBILE HOME. A detached dwelling unit designed to be repeatedly transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling, and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway. A transportable structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site and designed for long-term residential use and built prior to, or not conforming to, enactment of the National Manufactured Housing Construction and Safety Standards Act of 1974 (42 U.S.C. §§ 5401 et seq.), effective on June 15, 1976, and usually built to the voluntary industry standard of the American National Standards Institute (ANSI) - A119.1 Standards for Mobile Homes. The term MOBILE HOME does not include commercial trailers, job site trailers, or temporary classroom trailers or structures.

   DWELLING, MULTI-FAMILY. A building consisting of three or more dwelling units, including condominiums, with varying arrangements of entrances and party walls. Individual kitchen dining and restroom/bathing facilities shall be provided in each separate dwelling unit. Multi-family housing may include public housing and industrialized units.

   DWELLING, SINGLE FAMILY ATTACHED. A single family dwelling which is attached to one or more single family dwellings by party walls and each of which has independent access to the outside of the building at ground level.

   DWELLING, SINGLE FAMILY DETACHED. A single family dwelling on its own lot.

   DWELLING UNIT. One room or a group of rooms in a dwelling designed for or used by one family for living and sleeping purposes and having only one kitchen or kitchenette for cooking and food preparation.

(Ord. 2003-51, passed 5-20-03)

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

   EDUCATIONAL INSTITUTION. A public or private facility that provides a curriculum of elementary or secondary academic instruction, including kindergartens, elementary schools, junior high schools, high schools, technical and collegiate level courses. For the purposes of this zoning code, in-home schooling is not considered an educational institution.

   EGRESS. An exit.

   ELDERLY HOUSING. A multi-family dwelling occupied by persons 55 years of age or older and designed for such occupancy by containing special features for their welfare such as emergency call systems.

   ENLARGEMENT. An increase in size of an existing structure.

(Ord. 2003-51, passed 5-20-03)

   FAMILY. One or more persons occupying a premises and living as a single housekeeping unit, under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

   FAMILY CHILD CARE HOME, TYPE A. A permanent residence of the administrator in which child day-care or publicly funded child day-care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child day-care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the type A home shall be counted. TYPE A FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. TYPE A FAMILY DAY-CARE HOME and TYPE A HOME do not include any child day camp (ORC 5104.01 (QQ)).

   FAMILY CHILD CARE HOME, TYPE B. A permanent residence of the provider in which child day-care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this division, any children under six years of age who are related to the provider and who are on the premises of the type B home shall be counted. TYPE B FAMILY DAY-CARE HOME does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. TYPE B FAMILY DAY-CARE HOME and TYPE B HOME do not include any child day camp (ORC 5104.01 (RR)).

   FENCE. An artificially constructed structure enclosing or separating yards, fields, lots or other areas.

   FINANCIAL INSTITUTION. Any building, property or activity of which the principal use or purpose of which is the provision of financial services including, but not limited to banks, facilities for automatic teller machines (ATM’s), credit unions, savings and loan institutions and mortgage companies.

   FLOOR AREA. The square feet of floor space within the outside line of walls and includes the total of all space on all floors or a building. FLOOR AREA does not include porches garages or space in basements of cellars.

   FRONTAGE, STREET OR BLOCK. All the property on one side of a street between two intersecting streets, crossing or terminating, measured along the line of the street or, if the street is a dead-end street, all the property abutting on one side between an intersecting street and the dead-end of the street.

(Ord. 2003-51, passed 5-20-03)

   GARAGE, PRIVATE OR CAR PORT. An accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which is it accessory.

   GARAGE, PUBLIC. A principal building or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no vehicle sales or service shall be provided for remuneration.

   GARAGE, STORAGE. A building or portion thereof designed or used exclusively for housing more than four motor-driven vehicles.

   GRADE. Grade shall be determined as follows:

      (1)   For a building having walls adjoining one street only, the elevation of the sidewalk at the center of the wall adjoining the street;

      (2)   For a building having walls adjoining more than one street, the average of the elevation of the sidewalk at the center of all walls adjoining the streets;

      (3)   For a building having no wall adjoining the street, the average of the finished surface of the ground adjacent to the exterior walls of the building. Any wall approximately parallel to and not more than five feet from a street line is considered as adjoining the streets;

      (4)   For a location where no sidewalk exists, the grade shall be established by the City Engineer/Building Commissioner or his or her authorized representative.

   GREEN HOUSE. A building with glass, glasslike or translucent material roof for the cultivation and protection of plants which need controlled temperature and moisture conditions.

   GROUP HOME, ADULT. A residential facility that provides accommodations to six to 16 unrelated adults and provides supervision and personal care services to at least three of the unrelated adults pursuant to Ohio R.C. Chapter 3722.

(Ord. 2003-51, passed 5-20-03)

   HOME OCCUPATION. An occupation or activity carried on by a member of the immediate family, residing on the premises which does not alter the exterior of the property or affect the residential character of the neighborhood.

   HOSPITAL. An institution providing in-patient and out-patient medical and surgical care, diagnosis and treatment for sick or injured persons including beds for overnight care, laboratories, training facilities, and other necessary accessory facilities.

   HOTEL/MOTEL. A facility offering lodging accommodations, in individual rooms, on a daily rate to the general public and potentially providing additional accessory services such as restaurants, meeting rooms and recreational facilities.

(Ord. 2003-51, passed 5-20-03)

   IMPERVIOUS SURFACE. Any material that prevents the absorption of stormwater into the ground located directly below the material.

   IMPERVIOUS SURFACE RATIO. A measure of the intensity of land use, determined by dividing the total of all impervious surfaces on a site by the gross site area.

   IMPROVED SURFACE. Any portion of land, intended to be used for vehicular travel and/or parking, that has been altered from its natural state using accepted engineering and construction practices to be durable, dustless and able to support the weight of the expected traffic without deformation.

   INSPECTOR. The Zoning Inspector of the city.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   JUNK. Old or scrap copper, brass, rope, rags, trash, waste, batteries, paper, rubber, iron, steel, and other old or scrap ferrous or nonferrous materials, but does not include scrap tires as defined in Ohio R.C. 3734.01.

   JUNK YARD. An establishment or place of business that is maintained or operated for the purpose of storing, keeping, buying, or selling junk. For the purposes of Ohio R.C. 4737.05 to 4737.99, JUNK YARD includes scrap metal processing facilities that are located within one thousand feet of the nearest edge of the right-of-way of a highway in the interstate or primary system.

(Ord. 2003-51, passed 5-20-03)

   KENNEL. A facility where the housing, care, grooming, boarding, training, or selling of dogs, cats, or other household pets is conducted for compensation.

(Ord. 2003-51, passed 5-20-03)

   LOT. A parcel of land occupied or adequate for occupancy by a use permitted in this zoning code, including one principal building together with its accessory buildings, open spaces and parking spaces required by this zoning code. Such parcel shall have its principal frontage upon a street.

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

   LOT DEPTH. The average horizontal distance between the front and rear lot lines.

   LOT FRONTAGE. The frontage of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.

   LOT LINE. The property lines defining the legal boundary of a lot.

   LOT LINE, FRONT. The line separating a lot from the street on which the lot fronts.

   LOT LINE, REAR. The lot line opposite and most distant from the front lot line.

   LOT LINE, SIDE. Any lot line other than a front lot line or rear lot line; a side lot line separating a lot from a street is called a side street lot line; a side lot line separating a lot from another lot or lots is called an interior side lot line.

   LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder, or a parcel of land, the deed to which was recorded in the office of the Recorder prior to the adoption of this zoning code.

   LOT WIDTH. The average horizontal distance between the lines of the lot which are not the front or rear lot lines.

   LOT, CORNER. A lot abutting upon two or more streets at their intersection, or upon two parts of the same street forming an interior angle of less than 135°.

   LOT, DOUBLE FRONTAGE. A lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.

   LOT, PANHANDLE. A lot having sufficient square footage for building in accordance with the residential requirements contained in this zoning code, but lacking the frontage required by this zoning code.

(Ord. 2003-51, passed 5-20-03)

   MANUFACTURING. The process of making, assembling, adding improvements to, or fabricating raw materials by hand, machinery or the combination thereof into finished or semi-finished parts or products.

   MANUFACTURING, HEAVY. A use engaged in the processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous or commonly recognized offensive conditions which would generate objectionable or hazardous elements such as: heat, smoke, odor, vibration, water pollution, electromagnetic disturbances, radiation or dust.

   MANUFACTURING, LIGHT. The assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a relatively clean and quiet process which does not include or generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution or dust and which is operating and storing products and materials in a completely enclosed structure.

   MOTEL. See HOTEL/MOTEL.

(Ord. 2003-51, passed 5-20-03)

   NONCONFORMING BUILDING. A building which legally complied with yard and height requirements before passage of this code or amendments thereto but which did not conform to yard or height requirements after passage of this code or amendments thereto.

   NONCONFORMING USE. See USE, NON-CONFORMING.

   NURSING HOME. An institution or domicile licensed with the State of Ohio, which, for compensation, provides personal care, skilled nursing care under the supervision of registered nurses, dietary and medicinal supervision, to persons who are ill or for other reasons incapable of caring for their own physical needs.

(Ord. 2003-51, passed 5-20-03)

   OFFICE. A building or portion of a building wherein services are performed involving predominately administrative, professional, or clerical operations.

   OUTDOOR DISPLAY. An area of designated size used for the display of merchandise, goods, wares or tangible property normally sold, rented or leased within the business on the property where the merchandise is sold.

   OUTDOOR STORAGE. The keeping, in an unclosed area, of personal or business property, goods, wares, or merchandise that are not located at that specific spot for customer viewing or immediate sale, in the same place, for a period of more than 72 hours.

   OWNER. An individual firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.

   OVERLAY DISTRICT. A district established by ordinance to prescribe special regulations to be applied to a site in combination with the underlying zoning district.

(Ord. 2003-51, passed 5-20-03)

   PARKING and PARKING SPACE. A temporary storage area for a motor vehicle, with room to open doors on both sides, that is directly accessible to an access aisle.

   PASSENGER CAR. Any motor vehicle designed and used for carrying not more than nine persons, including any motor vehicle designed and used for carrying not more than 15 persons in a ridesharing arrangement (ORC 4501.01(E)).

   PERSONAL SERVICES. Any enterprise conducted for gain which primarily offers services to the general public such as a health club, fitness facility, shoe repair, watch repair, barber shop, beauty parlor, dry cleaner and similar activities but excluding sexually oriented business and other adult entertainment services.

   PLANNED DEVELOPMENT DISTRICT. An area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more residential clusters or planned unit residential developments and/or one or more public, quasi-public, commercial or industrial areas in such ranges of ratios of nonresidential uses to residential uses as shall be specified.

   PLANNING COMMISSION. The administrative body, appointed by the Mayor, charged with the development of the land use plan and the formulation of the Official Zoning Map and Zoning Code of the City of Reading, Ohio.

   PREMISES. A lot as defined in this chapter.

   PROFESSIONAL SERVICE. The use of offices and related spaces for such services as are provided by medical practitioners, dentists, lawyers, architects, engineers, real estate agencies and similar professions.

   PRINCIPAL BUILDING. The building containing the principal use.

(Ord. 2003-51, passed 5-20-03)

   (Reserved)

(Ord. 2003-51, passed 5-20-03)

   RECREATION, COMMERCIAL. Land or facilities, operated as a business and which is open to the general public for a fee, that shall include, but is not limited to: water parks, rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, ice skating rinks, batting cages or swimming pools.

   RECREATION, NON-COMMERCIAL. Non-commercial recreation is any land or facility operated by a governmental agency or non-profit organization and which is open to the public or members of the non-profit organization, without a general fee, that shall include but is not limited to: playgrounds, outdoor basketball courts, picnic areas, bike/hike trails, riding stables, athletic fields or swimming pools.

   RECREATIONAL VEHICLE. A portable, vehicular structure that is designed, constructed or converted, to be used as a temporary dwelling for travel, recreational, and vacation uses.

   RECYCLING STATION. A building in which recyclable material is only collected, processed and/or baled in preparation for shipment to others who will use those materials to manufacture new products.

   RELIGIOUS PLACES OF WORSHIP. An institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.

   RESEARCH AND DEVELOPMENT LABORATORY. An establishment in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.

   RESIDENTIAL FACILITY. A facility which provides resident services to a group of individuals of whom one or more are unrelated. These individuals may be mentally retarded, handicapped, aged or disabled, 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. RESIDENTIAL FACILITIES includes, but is not limited to, the following listed categories:

      (1)   ADULT FAMILY HOME. A residential facility that provides accommodations to three to five unrelated adults and supervision and personal care services to at least three of these adults pursuant to Ohio R.C. Chapter 3722.

      (2)   ADULT GROUP HOME. A residential facility that provides accommodations to six to 16 unrelated adults and provides supervision and personal care services to at least three of the unrelated adults pursuant to Ohio R.C. Chapter 3722.

      (3)   FAMILY FOSTER HOME. A private residence in which children are receive apart from their parents, guardian, or legal custodian by an individual for hire, gain or reward for non-secure care, supervision, or training 24 hours a day pursuant to Ohio R.C. Chapter 5153. FAMILY FOSTER HOME does not include babysitting care provided for a child in the home of a person other than the parents, guardian or legal custodian of the child.

      (4)   FAMILY HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least six but not more than eight mentally retarded or developmentally disabled persons pursuant to Ohio R.C. 5123.19.

      (5)   FOSTER FAMILY HOME. A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for not more than five mentally retarded or developmentally disabled persons pursuant to Ohio R.C. 5123.19.

      (6)   FOSTER HOME. A family home in which any child is received apart from the childs parents for care, supervision or training pursuant to Ohio R.C. Chapter 5153.

      (7)   GROUP HOME. A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than 16 mentally retarded or developmentally disabled persons pursuant to Ohio R.C. 5123.19.

      (8)   SEMI-INDEPENDENT LIVING HOME. A residential facility for a mentally retarded or developmentally disabled person where, according to the person's individual habilitation plan, the person demonstrates skills that would enable the person to function for specified periods of time without supervision. Such skills include, but are not limited to, home management, community mobility, personal hygiene, interpersonal relationship skills, and self-preservation pursuant to Ohio R.C. 5123.19.

   RESTAURANT. An establishment with or without table service whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings or in non-disposable containers regardless of whether consumption is on or off the premises.

   RESTAURANT, FAST FOOD. An establishment whose principal business is the sale of pre-prepared or rapidly prepared food, in disposable containers, directly to the customer in a ready-to-consume state for consumption either within the restaurant building or off-premises.

   RETAIL BUSINESS. See BUSINESS, RETAIL.

   RIGHT-OF-WAY (R.O.W.). A strip of land acquired by reservation, dedication, forced dedication, prescription or condemnation and intended to be occupied or occupied by a road, public sidewalk, crosswalk, railroad, electric distribution or transmission line, telephone line, oil or gas pipeline, water line, sanitary or storm sewer and other similar uses.

(Ord. 2003-51, passed 5-20-03)

   SATELLITE DISH. A device incorporating a reflective surface in the shape of a shallow dish used to receive electromagnetic waves between terrestrially and/or orbitally based uses.

   SETBACK. The required minimum distance between the exterior wall of a building and the related front, side, or rear property line.

   SEXUALLY ORIENTED BUSINESSES. These businesses defined as:

      (1)   ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE. A commercial establishment which has as a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one or more of the following:

         (a)   Book, magazine, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, computer generated images, slides, or other visual representations which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

         (b)   Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse.

      (2)   ADULT CABARET. A nightclub, bar, restaurant, "bottle club," or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:

         (a)   Persons who appear nude, semi- nude or in a state of nudity.

         (b)   Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities."

         (c)   Film, motion pictures, video cassettes, slides, computer generated images, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

      (3)   ADULT MOTEL. A motel, hotel or similar commercial establishment which offers public accommodations, for any form of consideration, which provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this sexually oriented type of material by means of permitted signage visible from the public right-of-way, or by means of any permitted off-premises advertising including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television.

      (4)   ADULT MOTION PICTURE THEATER. A commercial establishment where films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas" are regularly shown for any form of consideration.

      (5)   ADULT THEATER. A theater, concert hall, auditorium, or similar commercial establishment which for any form of consideration regularly features persons who appear in a state of nudity or live performances which are characterized by exposure of "specified sexual activities” or by "specified anatomical areas."

      (6)   EMPLOYEE. A person who works or performs in and/or for a sexually oriented business, regardless of whether or not said person is paid a salary, wage or other compensation by the operator of said business.

      (7)   ESCORT. A person who, for any form of consideration agrees or offers to act as a companion, guide, or date for another person, and who agrees or offers to privately model lingerie or to privately perform a strip tease for another person or to engage in any specified sexual activity as defined herein.

      (8)   ESCORT AGENCY. A person or business association who furnishes, offers to furnish, or advertises to furnish escorts, as defined in this section, as one of its primary business purposes for a fee, tip, or other consideration.

      (9)   ESTABLISHMENT. Includes any of the following:

         (a)   The opening or commencement of any sexually oriented business as a new business;

         (b)   The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;

         (c)   The addition of any of the sexually oriented businesses defined in this chapter to any other existing sexually oriented business; or

         (d)   The relocation of any such sexually oriented business.

      (10)   LICENSED MASSAGE THERAPIST. A person who engages in the practice of therapeutic massage, who has completed a course of study from a state accredited school, and who is licensed by the State of Ohio pursuant to Ohio R.C. 4731.15.

      (11)   MASSAGE PARLOR. Any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment manipulation of the human body which occurs as a part of or in connection with "specified sexual activities," or where any person providing such treatment, manipulation or service related thereto, exposes his or her "specified anatomical areas." The definition of sexually oriented businesses shall not include the practice of massage in any licensed hospital, nor by a licensed hospital, nor by a licensed physician, surgeon, chiropractor or osteopath, nor by any nurse or technician working under the supervision of a licensed physician, surgeon, chiropractor or osteopath nor by trainers for any amateur, semiprofessional or professional attempts or athletic team or school athletic program, nor by a Licensed Massage Therapist.

      (12)   NUDE MODEL STUDIO. Any place where a person, who regularly appears in a state of nudity or displays "specified anatomical areas" is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

      (13)   NUDITY or STATE OF NUDITY.  

         (a)   The appearance of human bare buttock, anus, male genitals, female genitals, or the areola or nipple of the female breast; or

         (b)   A state of dress which fails to opaquely and fully cover a human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.

      (14)   OPERATOR. Includes the owner, permit holder, custodian, manager, operator, or person in charge of any permitted or licensed premises.

      (15)   PERMITTED or LICENSED PREMISES. Any premises that requires a license and/or permit and that requires a license and/or permit and that is classified as a sexually oriented business.

      (16)   PERMITTEE AND/OR LICENSEE. A person in whose name a permit and/or license to operate any oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.

      (17)   PERSON. An individual, proprietor- ship, partnership, corporation association or other legal entity.

      (18)   PROTECTED USES. Those uses listed below and defined as:

         (a)   PUBLIC BUILDING. Any building owned, leased, or held by the United States, the state, the county, the city, any special district, school district, or any other agency or political subdivision of the state or the United States, which building is used for governmental purposes.

         (b)   PUBLIC PARK or RECREATION AREA. Public land which has been designated for park or recreational activities including but not limited to a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the city which is under the control, operation, or management of the city park and recreation authorities.

         (c)   RELIGIOUS INSTITUTION. Any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.

         (d)   RESIDENTIAL DISTRICT OR USE. A single-family, duplex, townhouse, multiple family, or mobile park or subdivision and campground as defined in the zoning code.

         (e)   SCHOOL. Any public or private educational facility including but nor limited to child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle school, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges, and universities. SCHOOL includes the school grounds, but does not include any facilities used primarily for another purpose and only incidentally as a school.

      (19)   PUBLIC USE. Any use that is open to the public, regardless or whether a fee is charged for admission.

      (20)   SEMI-NUDE. A state of dress in which clothing covers no more than the genitals, pubic region and areola of the female breast, as well as portions of the body covered by supporting straps or devices.

      (21)   SEXUAL ENCOUNTER ESTAB- LISHMENT. A business or commercial establishment that as one of its primary business purposes, offers for any form of consideration, a place where two or more persons may congregate, associate, or consort for the purpose of "specified sexual activities" or the exposure of "specified anatomical areas" or activities when one of more of the persons is in a state of nudity or semi-nudity. The definition of sexually oriented businesses shall not include establishment where a medical practitioner, psychologist, psychiatrist, a licensed massage therapist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

      (22)   SPECIFIED ANATOMICAL AREAS. As used in this division means and includes any of the following:

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

         (b)   Human male genitals in a discernible turgid state, even if completely and opaquely covered.

      (23)   SPECIFIED CRIMINAL ACTS. Crimes against children, sexual abuse, rape, gross sexual imposition and other crimes connected with sexually oriented businesses including but not limited to distribution of obscenity or other material harmful to minors, pandering, prostitution or tax violations in connection with a sexually oriented business.

      (24)   SPECIFIED SEXUAL ACTIVITIES. As used in this division means and includes any of the following:

         (a)   The fondling or other intentional touching of human genitals, pubic region, buttocks, anus, or female breasts; or

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

         (c)   Masturbation actual or simulated; or

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

         (e)   Excretory functions as part of or in connection with any of the activities set forth in subdivisions (1) through (4) of this definition.

      (25)   SUBSTANTIAL ENLARGEMENT OF A SEXUAL ORIENTED BUSINESS. Increase in the floor areas occupied by the business by more than 15%, as the floor area exist on February 1, 1998.

      (26)   TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS. Includes and of the following:

         (a)   The sale, lease or sublease of the business;

         (b)   The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means.

         (c)   The establishment of a trust, gift, or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law, upon the death of a person possessing the ownership or control.

   SHOPPING CENTER. A group of retail business and service uses on a single site with one ownership which leases spaces for separate establishments and has common parking space and no lot lines between establishments.

   SIGN. Any device, structure, fixture, painting or visual image designed to be seen from an outdoor location and using graphics, symbols, letters or numbers for the purpose of conveying a message or advertising or identifying any establishment, product, goods or services.

   SIGN AREA. The gross square footage of the sign face area which is normally visible from any one direction. (Example - a rectangular sign four feet by five feet with display on both sides shall be considered to be 20 square feet.) Sign supporting structures, which by size or ornateness have been designed to attract attention, shall be considered part of the sign square footage.

   SIGN PANEL. A structural object or portion of a structural object designed to form a distinct background area of frame for the display of a sign’s information, including all non-opaque surfaces of an internally illuminated canopy or wall panel displaying image.

   SIGN, AWNING. A sign painted, attached, embossed or affixed to a fixed or retractable awning.

   SIGN, BANNER. A sign of lightweight fabric or similar material that is mounted to a pole or building.

   SIGN, BILLBOARD. A sign directing attention to a specific business, product, service, entertainment activity or other commercial activity offered, sold or conducted elsewhere than upon the lot on which the sign is located. Billboard signs are also referred to as "off-premise signs".

   SIGN, BULLETIN BOARD. A sign which is primarily intended to direct attention to announce or direct attention to, and is located on, the lot or premises of a public or semipublic institution and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.

   SIGN, BUSINESS. A sign which is primarily intended to advertise the name of the business or establishment, the goods or commodities sold and/or brand names thereof, or services rendered o the lot or premises which the sign is located and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.

   SIGN, CANOPY. A sign attached to the side, or underside of a canopy at a 90° angle to the street, intended for pedestrian visibility.

   SIGN, CHANGEABLE COPY. A sign or portion thereof where the message or graphic is not permanently affixed to the structure, framing or background and may be periodically replaced or covered over, manually or by electronic or mechanical devices.

   SIGN, DEVELOPMENT. A temporary sign directing attention to a development to be located on the subject property and identifying the firms or individuals participating in the development process.

   SIGN, DIRECTIONAL. A sign indicating a direction or location to which pedestrian or vehicular traffic is requested to move.

   SIGN, GROUND. A freestanding sign which has a supporting base designed as an integral part of the sign resting totally or primarily on the ground.

   SIGN, IDENTIFICATION. A sign which is primarily intended to indicate the name, owner, manager and/or address of an existing building or business and which may, subject to the provisions of Chapter 1290, contain noncommercial messages.

   SIGN, INFORMATION. A sign which presents miscellaneous information or instructions intended to serve the public, rather than to promote a business, product or issue not containing information included in the definition of other signs.

   SIGN, NAMEPLATE. A sign indicating the name, address and/or profession of a person or persons occupying all or part of that building.

   SIGN, POLE. A sign which is supported wholly by a pole or poles and is designed so as to permit pedestrian or vehicular traffic thereunder.

   SIGN, POLITICAL. A sign advocating action on a public issue, indicating a candidate for public office, or expressing an opinion or belief.

   SIGN, PORTABLE. A sign which is designed to be transported and is not permanently attached to any part of the building or ground.

   SIGN, PROJECTING. A sign erected on the outside wall of a building and which projects out at an angle therefrom.

   SIGN, REAL ESTATE. A sign directing attention to the promotion, development, construction, rental, sale or lease of a property on which it is located.

   SIGN, ROOF. A sign erected upon and positioned completely or partially over the roof of any building.

   SIGN, TEMPORARY. A sign of any type, announcing special events of sales, to announce the sale, lease or rental of property and which is designed to be used for a specific period of time as established in Chapter 1290.

   SIGN, WALL. A sign attached to or displayed or painted on an exterior wall and in a manner parallel with the wall surface and which shall not project more than 12 inches from the wall surface.

   SIGN, WINDOW. A sign painted on, attached to, or suspended directly behind or in front of a window or the glass portion of a door, that is intended to be viewed from the outside of a building.

   STORY. That portion of a building, other than a cellar, included between the surface of a floor and the surface of the floor next above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.

   STORY, HALF. A space under a sloping roof which has a line of intersection between roof and wall face above top floor level but not more than three feet above the top floor level, and in which space not more than 60% of the floor area is finished for use.

   STREET. All property dedicated or intended for public or private street, highway, freeway or roadway purposes or subject to public or private easements therefore.

   STREET LINE. A divided line between a lot, tract or parcel of land and a contiguous street.

   STRUCTURAL ALTERATION. A change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any complete rebuilding of the roof or the exterior walls.

   STRUCTURE. Anything constructed or erected, the use of which requires permanent location of the ground or attachment to something having a permanent location on the ground, including, but not limited to, advertising signs, billboards, backstops for tennis courts and pergolas.

   SUBSTANTIAL EXPANSION. For the purpose of this code, a substantial expansion shall be any extension, reconstruction or improvement of a structure or building that equals or exceeds 50% of the gross floor area of the existing building or structure prior to expansion.

   SUBURBAN FARM. A lot containing at least one acre used for raising animals, foul, or crops, for personal reasons, complying with the regulations of the Codified Ordinance of the city.

   SWIMMING POOL, PRIVATE, RESIDENTIAL. Any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing, located at a dwelling housing no more than three families and used exclusively by the residents and their nonpaying guests.

   SWIMMING POOL, PUBLIC. Any indoor or outdoor structure, chamber, or tank containing a body of water for swimming, diving, or bathing that is intended to be used collectively for swimming, diving, or bathing and is operated by any person whether as the owner, lessee, operator, licensee, or concessionaire, regardless of whether or not fee is charged for use, but does not mean any private residential swimming pool.

(Ord. 2003-51, passed 5-20-03)

   TAVERN. An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.

   TENT. A portable shelter of fabric or skin supported by a demountable frame of posts, poles, or rods.

   TRAILER. Any vehicle without motive power designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle, and includes any such vehicle when formed by or operated as a combination of a semitrailer and a vehicle of the dolly type such as that commonly known as a trailer dolly, and a vehicle used to transport agricultural produce.

   TRUCK. A motor vehicle built for the primary purpose of carrying chattel loads which either exceeds one and one-half ton pay load capacity or has more than four load bearing wheels.

   TRUCK CAMPER. A nonself-propelled recreational vehicle, without wheels for road use, and designed to be placed upon and attached to a motor vehicle. TRUCK CAMPER does not include truck covers which consist of walls and roof, but do not have floors and facilities for using same as a dwelling.

   TRUCK TERMINAL. Land and buildings used as a relay station for the transfer of a load from one vehicle to another or one party to another which can accommodate the simultaneous loading or unloading of five or more trucks.

(Ord. 2003-51, passed 5-20-03)

   USE. Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained, or occupied; or any activity conducted in a building, other structure or on the land.

   USE, ACCESSORY PERMITTED. A use located on the same zoning lot or adjacent lot of common ownership with the main building, other structure, or land, which is subordinate and related to that of the main building or main use.

   USE, CONDITIONALLY PERMITTED. A use which is permitted in a district only if a conditional use permit is therefore expressly authorized by the Planning Commission in accordance with § 1244.11 of this zoning code.

   USE, EXISTING. The use of a lot or structure at the time of the enactment of this zoning code.

   USE, NON-CONFORMING. Any building or land lawfully occupied by a use at the time of passage of this zoning code or amendments thereto, which does not conform, after the passage of this zoning code or amendment thereto, with the use regulations of the district in which it is situated.

   USE, PRINCIPALLY PERMITTED. A principal use which complies with the provisions of this code for which a permit may be issued by the Building Commissioner or his or her authorized representative without review and approval by the Planning Commission.

   USE, TEMPORARY. A prospective use, intended for limited duration, to be located in a zoning district not permitting such use, and not continuing a nonconforming use or building.

(Ord. 2003-51, passed 5-20-03)

   VARIANCE. The administrative relief provided by the Board of Zoning Appeals from the strict terms of the relevant regulations.

   VEHICLE. Everything on wheels or runners, including motorized bicycles, but does not mean vehicles operated exclusively on rails or tracks or from overhead electric trolley wires and vehicles belonging to any police department, municipal fire department, or volunteer fire department or used by such department in the discharge of its functions.

(Ord. 2003-51, passed 5-20-03)

   WAREHOUSE. A building used primarily for the storage of goods and materials.

   WAREHOUSE, SELF STORAGE. A building containing varying sizes of individual, compartmentalized, and controlled-access stalls, rooms, or lockers that are leased or owned by different individuals for the storage of their individual possessions.

   WHOLESALE DISTRIBUTING. An establishment or place of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutions, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.

   WIRELESS AND CELLULAR TELECOMMUNICATION FACILITY. Any cables, wires, lines, wave guides, support structure, antennas, and any other equipment or facilities associated with the transmission or reception of communications, as authorized by the Federal Communications Commission. However, the term WIRELESS AND CELLULAR TELECOMMUNICATION FACILITY shall not include:

      (1)   Any satellite earth station antenna two meters in diameter or less which is located in an area zoned industrial or which is granted approval as a conditional use.

      (2)   Any satellite earth station antenna one meter or less in diameter, regardless of the zoning category; or

      (3)   Antennas used by amateur radio operators which are excluded from this definition.

   WIRELESS AND CELLULAR TELE- COMMUNICATION EQUIPMENT. Antennas and satellite dishes, etc., which are used for transmitting, receiving, or relaying communications signals, except as such equipment has been preempted from regulation by the Telecommunications Act of 1996.

(Ord. 2003-51, passed 5-20-03)

   (Reserved)

(Ord. 2003-51, passed 5-20-03)

   YARD. An open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this zoning code. In measuring a yard for the purpose of determining the width of two side yard, the depth of a front yard or the depth of a rear yard, the horizontal distance between the lot lines and the main building shall be used.

Required Yards
Legend located on image three

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Corner Lot Examples

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Interior Lot Examples

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Odd-shaped Lot Examples

   YARD, FRONT. A required yard extending across the front of a lot between the side lot lines, which is the minimum horizontal distance between the public right-of-way line and main building or any projection thereof, other than the projection of steps, unenclosed balconies or open porches.

   YARD, REAR. A required yard extending across the rear of a lot, measured between the side lot lines, which is the minimum horizontal distance between the rear lot lines and the main building or any projection thereof other than steps, unenclosed balconies or unenclosed porches. On corner lots, the rear yard shall be considered as parallel to the street upon which the lot has the least dimension. On both corner lots and interior lots, the rear yard shall be at the opposite end of the lot from the front yard.

   YARD, REQUIRED. The minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be opened and unobstructed from the ground upward except for projections on buildings as permitted in this Code, and except for walks and landscaping and other permitted yard or site features.

   YARD, SIDE. A required yard between the main building and the side line of the lot, extending from the front yard line to the rear yard line.

(Ord. 2003-51, passed 5-20-03; Am. Ord. 2004-103, passed 11-16-04)

   ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line.

   ZONING ADMINISTRATOR. The local official responsible for administering and enforcing this zoning code.

   ZONING INSPECTOR. The duly appointed administrative officer designated to enforce the zoning code.

   ZONING MAP. The Official Zoning District Map of the City of Reading, Ohio.

   ZONING PERMIT. A document issued by the Zoning Administrator authorizing buildings, structures or uses which are consistent with the terms of this zoning code and for the purpose of carrying out and enforcing its provisions.

(Ord. 2003-51, passed 5-20-03)