Having property or district lines in common.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A subordinate structure, located on the same lot as the principal building, the use of which is naturally and normally incidental to the principal use of the principal building or land. An accessory structure cannot exceed 10,000 square feet in total floor area.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A use of land or of a building or portion thereof customarily used with, and clearly incidental and subordinate to, the principal use of the land or building and ordinarily located on the same lot with such principal use.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A person authorized by a property owner to represent the property owner.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   That portion of the circulation area within a parking lot that provides access to parking spaces or a delivery zone. The minimum width permissible for an aisle to serve adjacent parking spaces shall depend on the angle of parking as illustrated in Section 1107.1911.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A strip of land, dedicated to public use, which affords only a secondary means of access to property abutting thereon.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any business, establishment, room or place where customers play games of skill for rewards and/or prizes, may allow minors.

(Ord. 353-18. Passed 8-28-18)

   A basement shall be included for the purposes of bulk and height measurements if used for dwelling or business purposes.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Bioretention are landscape elements designed to remove silt and pollution from surface runoff water. Stormwater is treated through a sand bed, grass buffer strip, ponding area, organic layer or mulch layer, planting soil, and plants. Stored water in bioretention basin areas infiltrate into the underlying soils and water table over a period of days.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   A Bioswale is a linear vegetated swale that channels stormwater, infiltrating and filtering it with vegetation and soils as it travels.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   An exterior building wall with no openings and a single material and uniform texture on a single plane.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The geographic area whose social, economic, and/or environmental conditions is significantly affected by changes in the study area.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any structure consisting of a roof supported by walls, beams, girders, or columns, with or without other parts or appurtenances.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The side or facade of a building closest to and most nearly parallel to an abutting street or place right-of-way.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A sign used to identify the building name, or name of a business located within the building, on a high-rise building greater than three (3) stories.

(Ord. 240-18. Passed 6-19-18.)

   An imaginary line on which the front of a building or structure must be located or built and which is measured as a distance from a public right-of-way.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A Catch Basin Filter is a woven or non-woven water-permeable material, generally made of synthetic products such as polypropylene, used in stormwater management and erosion and sediment control applications to trap sediment or to prevent fine soil particles from clogging the aggregates.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   That portion of a building, the ceiling of which is entirely below, or not more than four feet above, grade. No cellar or portion thereof shall be used as a complete dwelling unit, and the cellar shall not be included in bulk or height measurements.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The portion of a river reserved for navigation of boats.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 343-25. Passed 7-15-25.)

   Includes any roll for smoking made wholly or in part of tobacco, irrespective of size or shape, and whether or not such tobacco is flavored, adulterated, or mixed with any other ingredient, the wrapper or cover of which is made of paper, reconstituted cigarette tobacco, homogenized cigarette tobacco, cigarette tobacco sheet, or any similar materials other than cigar tobacco.

(Ord. 343-25. Passed 7-15-25.)

   Organizations of persons for special purposes or for the promulgation of sports, arts, literature, politics or other common goals, interests or activities, characterized by membership qualifications, dues or regular meetings, excluding clubs operated for profit.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An unheated outdoor structure consisting of a wood or concrete frame and a top made of glass or clear plastic, used for protecting seedlings and plants from the cold.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An organization that represents and involves a coalition of organizations, agencies, businesses, and individuals from throughout the community including those who have a direct economic tie to the commercial district and other members of the community who are interested in the community's overall health.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A vehicle designed, or licensed by the State, for the carriage of freight or merchandise.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Usable open space intended for common use by occupants of a development, either privately owned and maintained or dedicated to a public agency, normally including swimming pools, recreation courts, patios, open landscaped areas, and greenbelts with pedestrian walkways and equestrian and bicycle trails. Common open space does not include off-street parking or loading areas, driveways, detention ponds, floodways, riparian areas, land with slopes in excess of 25 percent, required landscaping, or setbacks.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non food ornamental crops, such as flowers, for personal or group use, consumption, sale, or donation. Community gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.

(Ord. 158-18. Passed 4-24-18.)

   Organic material that can be used as a soil amendment or as a medium to grow plants.

(Ord. 158-18. Passed 4-24-18.)

   Combining organic wastes (e.g., yard trimmings, food scraps, manures) in proper ratios into piles, rows, or vessels; adding moisture and bulking agents (e.g., wood chips) as necessary to accelerate the breakdown of organic materials; and allowing the finished material to fully stabilize and mature through a curing process.

(Ord. 158-18. Passed 4-24-18.)

   Any street sidewalk or any walkway that directly connects a main entrance of a building to the street sidewalk without requiring pedestrians to walk across parking lots or driveways, around buildings or around parking lot outlines which are not aligned to a logical route.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A lot adjacent to two or more streets or places at their intersection.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The entity that is authorized to take final action (approval or denial) on an application or permit under this Zoning Code.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any human caused change to improved or unimproved real estate that requires a permit or approval from any agency of the city, including but not limited to construction, structural alteration, or reconstruction of a building or other structure, mining, dredging, filling, grading, paving, excavation or drilling operations, or storage of equipment or materials.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of setbacks, and the intensity of use are uniform.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any construction that extends over water, providing attachments for tying up boats and a walkway for access to those boats. Pilings placed in the water for tying the stern end of dock and boats are considered a part of dock construction.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A facility providing sleeping accommodations, common dining facilities and related uses for students or employees of a university or college.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A lot having a lot frontage on two non-intersecting streets or places, as distinguished from a corner lot.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A somewhat circular line determined by the outside end of the branches of a tree or shrub projected vertically to the ground.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A building or portion of a building that permits customers to receive goods or services from within a motor vehicle.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A permanent hard-surfaced way that provides access to a garage, carport, unsheltered parking space, or parking lot from a street or place.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any building or portion thereof which is designed for and used exclusively for residential purposes containing one or more dwelling units.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A room or group of rooms in a building forming a single habitable unit, with facilities used or intended to be used for living, sleeping, cooking, and eating purposes.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   EV includes BEV Battery Electric Vehicles, which are vehicles that utilize an externally charged battery as the primary fuel source and PHEV Plug in Hybrid Vehicles which are vehicles that utilize a combination of an externally charged battery and an internal combustion engine.

(Ord. 78-23. Passed 2-21-23.)

   An electrical dispenser designed specifically to charge batteries within electric vehicles.

(Ord. 78-23. Passed 2-21-23.)

   Electrical and other components designed to enable charging operations but not necessarily directly used to charge batteries such as generators, transformers, mini-substations, and other similar structures.

(Ord. 78-23. Passed 2-21-23; Ord. 343-25. Passed 7-15-25.)

   Any noncombustible product, other than a cigarette or tobacco product, that (1) contains or is designed to use vapor products and (2) employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from the vapor product. "Electronic smoking product" includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, electronic hookah, vape pen, vaporizer, or similar product or device, but does not include any product regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq.

(Ord. 343-25. Passed 7-15-25.)

   That portion of any exterior elevation on the building extending from grade to top of the parapet, wall, or eaves and the entire width of the building elevation.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A temporary structure used for display or sale of produce.

(Ord. 158-18. Passed 4-24-18.)

   The sum of the gross horizontal areas of the several stories of the building measured from the exterior faces of the exterior walls or from the center line of party walls. Included shall be any basement (but not any cellar), interior balconies and mezzanines, elevator shafts and stair wells, and enclosed porches. The floor area of accessory uses and of accessory buildings on the same lot shall be included.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The floor area of the building or buildings on a lot divided by the area of the lot.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

A lot line along a street or place.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A yard extending across the front of a lot between the side lot lines, being the horizontal distance between the right-of-way and the principal building or any projections thereof other than the projections of permitted uncovered steps, uncovered balconies or unenclosed porches.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   (1)   For buildings having walls adjoining one street or place only, the elevation of the sidewalk at the center of the wall adjoining the street or place;

   (2)   For buildings having walls adjoining more than one street or place, the average of the elevation of the sidewalks at the centers of all walls adjoining the streets or places;

   (3)   For buildings having no wall adjoining a street or place, the average level of the finished surface of the ground adjacent to the exterior walls of the building.

Any wall approximately parallel to and not more than 5 feet from a right-of-way is to be considered as adjoining the street or place. Where no sidewalk exists or where none of the walls adjoin a right-of-way, the grade shall be established by the Commissioner of Building Inspection or by the Division of Transportation.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 510-21. Passed 9-28-21.)

   Grass Filtration Strips are uniform areas of dense turf or meadow grasses with minimum slope, designed to accept diffuse sheet flow from parking lots or other impervious surfaces.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   Green Roof is a roof of a building that is partially or completely covered with vegetation and a growing medium, planted over a waterproofing membrane.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   A building primarily made of glass, plastic or fiberglass in which plants are cultivated.

(Ord. 158-18. Passed 4-24-18.)

   The publicly defined lines that identify the edge of navigation channels. They appear on the Official Zoning Map.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The vertical distance from the grade 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.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   One or more persons occupying a dwelling unit as a functional unit. A functional unit is either a family, one or more persons related to each other by blood, adoption, or marriage; or two or more persons whose relationship is functionally equivalent to a family but who are not related by blood, adoption, or marriage. Persons occupying a boarding house, hotel, lodging house, group rental dwelling, or fraternity or sorority house, as herein defined do not constitute a household. In determining whether a group of unrelated persons is a household under the definition set forth above, the Commissioner of Building Inspection and/or the Planning Director shall apply the factors set forth in Sec. 1115.0900 or such of those factors as may reasonably be known to the Commissioner and/or Director on the date of determination.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 510-21. Passed 9-28-21; Ord. 344-25. Passed 8-12-25.)

   A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half round" or hoop shape.

(Ord. 158-18. Passed 4-24-18.)

   Means the proportional relationship between the dimensions of a building or building element, street, outdoor space or streetscape element and the average dimensions of the human body, taking into account the perceptions and walking speed of a typical pedestrian.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A facility used for the temporary storage of wrecked motor vehicles usually awaiting insurance adjustment or transport to a repair shop.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An assembly of materials or products comprising all or part of a total structure assembled in a factory and built in compliance with the Ohio Basic Building Code, which, when completed, is self-sufficient or substantially self sufficient and when installed, constitutes the structure or part of a structure, except for preparations for its placement and meets the definition of industrialized unit under Revised Code Section 3781.10.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A use that provides a public service and is operated by a federal, state, or local government, public or private utility, public or private school or college, a place of religious assembly, public agency, or tax-exempt organization.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Includes sanitary and construction/demolition type landfills and disposal of hazardous waste.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any combination of living plants such as trees, shrubs, plants, vegetative ground cover or turf grasses, and may include structural features such as walkways, fences, benches, works of art, reflective pools or the like. Landscaping shall also include irrigation systems, mulches, topsoil use, soil preparation, re-vegetation or the preservation, protection and replacement of existing trees.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Development of one or more General Retail Sales or Food and Beverage Retail Project Sales uses with an aggregate floor area of 50,000 square feet or more.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A space within the principal building or on the same lot, providing for the standing, loading or unloading of trucks, having a minimum dimension of 12 by 35 feet and a vertical clearance of at least 14 feet.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A parcel of land occupied or intended for occupancy by a use permitted in this Zoning Code, including one principal building (except as expressly provided in Section 1106.0300 together with its accessory buildings, the open space and parking spaces required by this Zoning Code, and having its principal lot frontage upon a street or place.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The front lot line.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   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 described by metes and bounds, the description of which has been recorded in the office of the County Recorder.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A street classified as freeway, expressway or controlled parkway, principal arterial, minor arterial, or major collector, on the Street and Highway Plan.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A building unit or assembly of closed construction that is fabricated in an off-site facility and constructed in conformance with the Federal construction and safety standards established by the Secretary of Housing and Urban Development pursuant to the "Manufactured Housing Construction and Safety Standards Act of 1974," 42 U.S.C. §§ 5401, 5403 and that has a permanent label or tag affixed to it, as specified in 42 U.S.C. § 5415, certifying compliance with all applicable Federal construction and safety standards.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The water area available for use by a particular marina. The limits to a marina basin are the shoreline of the subject site, two side lot line extensions, and a line drawn to connect their channelward ends.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Means a building or lot containing residential and commercial or industrial uses.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A building unit or assembly of closed construction that is fabricated in an off-site facility, is more than 35-body feet in length or, when erected on site, is 320 or more square feet, is built on a permanent chassis, is transportable in one or more sections, and does not qualify as a manufactured home as defined above or as an industrialized unit as defined at Revised Code Section 3781.06(c)(3).

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A subarea of the city in which the residents share a common identity focused around a school, park, community business center, architectural style, or other feature.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An organization registered with the Planning Director for the purpose of receiving information concerning development or zoning in their neighborhood. (Section 145.06)

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any characteristic of land, the uses of land, or structures and other development thereon, in lawful existence or operation at the effective date of this Zoning Code or amendment thereto which does not conform after the passage of this Zoning Code or amendment thereto with the applicable requirements of this Zoning Code as amended.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An artificial body of water of permanent construction with a controlled water supply, which is no more than 24 inches in depth and with a capacity under 100 cubic feet. Ornamental ponds may project into any setback. Supporting structures must be less than 42 inches above ground level.

(Ord. 198-11. Passed 4-19-11; Ord. 158-18. Passed 4-24-18.)

   Means the owner, as shown by the county auditors current tax list, of any real property to which this Zoning Code applies.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Means any off-street area or structure which meets one of the following conditions:

   (1)    Contains one or more parking, vehicular storage, loading or stacking space for public and civic, institutional, recreational, commercial, or industrial use, whether free or for compensation; or

   (2)    Contains five or more parking spaces for any residential use.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A rectangular or rhomboid area, exclusive of any driveway or other circulation area, accessible from a street, place, alley or maneuvering area and designed for temporary parking of a motor vehicle.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Means development which is designed with a primary emphasis on the street sidewalk and/or connecting walkway access to the site and building, rather than on auto access and parking lots. In pedestrian-oriented developments, buildings are typically placed relatively close to the street and the main entrance is oriented to the street sidewalk or a walkway. Although parking areas and garages may be provided, they are not given primary emphasis in the design of the site.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A permanent masonry, concrete, or other approved footing or foundation, to which a manufactured or mobile home may be affixed.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Any person who has a physical or mental impairment that limits activities; anyone who is regarded as having such impairment; or anyone who has a record of such impairment.

(Ord. 193-16. Passed 5-24-16; Ord. 158-18. Passed 4-24-18.)

   A surface that presents an opportunity for precipitation to infiltrate into the ground.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An officially-approved private thoroughfare, other than a street or alley, permanently reserved as the principal means of access to abutting property.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Means the Toledo City Plan Commission.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Porous/permeable pavement is a range of sustainable material and techniques for permeable pavements with a base and subbase that allow the movement of stormwater through the surface. In addition to reducing runoff, this effectively traps suspended solids and filters pollutants from the water.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   A lot, plot or parcel of land, including the building or structures thereon.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A street to which a parcel's street address is assigned.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A building in which the principal use of the property is conducted. All lots containing at least one building shall be deemed to have a principal building.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   An area between a principal building and a street right-of-way, surfaced with an impervious masonry material and used for seating, outdoor dining, public art or other pedestrian amenities.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   Rain Garden is a planted depression or a hole that allows rainwater runoff from impervious urban areas, like roofs, driveways, walkway, parking lots and compacted lawn areas, the opportunity to be absorbed.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   The lot line opposite the lot frontage. For a building on a corner lot, the rear of a lot is the lot line opposite the wall or plane of the principal building containing its principal entrance.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A yard extending across the rear of a lot between the side lot lines and being the horizontal distance between the rear lot line and the rear of the principal building or any projections thereof other than the projections of uncovered steps, unenclosed balconies or unenclosed porches. On all lots the rear yard shall be at the opposite end of the lot from the front yard, or for a corner lot the rear yard shall be at the opposite of the front yard with the parcel address.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The replacement or rebuilding of a building or structure.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A public area or private area set aside to serve the recreational needs of area residents.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   (1)    A nonself-propelled recreational vehicle that does not exceed an overall length of 35 feet, exclusive of bumper and tongue or coupling, and contains less than 320 square feet of space when erected on site. This includes a tent-type fold-out camping trailer as defined in Revised Code Section 4517.01.

   (2)    A nonself-propelled recreational vehicle that does not have wheels for road use and is designed to be placed upon and attached to a motor vehicle. "Truck camper" does not include truck covers that consist of walls and a roof, but do not have floors and facilities enabling then to be used as a dwelling.

   (3)    A self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.

   (4)    Boats, floats, rafts, and trailers normally used to transport same on the highway.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The entity that is authorized to review and recommend approval or denial of an application or permit under this Zoning Code.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The line determining the limit or ownership of a street, place, or alley. For purposes of setbacks, this includes right-of-way easements.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The unobstructed open area required by this Zoning Code to exist between the furthermost projection of a structure and the property line of the lot on which the structure is located.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   As used in this Zoning Code, "sexually-oriented business" means an inclusive term used to describe collectively: adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.17, motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema. This collective term does not describe a specific land use and shall not be considered a single land-use category for purposes of the Zoning Code or other applicable ordinances.

   (1)    "Adult media" means magazines, books, videotapes, movies, slides, cd-roms or other devices used to record computer images, or other media that are distinguished or characterized by their emphasis on matter depicting, describing, or relating to hard-core material.

   (2)    "Adult media store" means an establishment that rents and/or sells media, and that meets any of the following three tests: 40 percent or more of the gross public floor area is devoted to adult media; 40 percent or more of the stock-in-trade consists of adult media; or it advertises or holds itself out in any forum as "XXX", "adult", "sex", or otherwise as a sexually-oriented business other than an adult media store, sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema, or sexually-oriented cabaret or sex-oriented cabaret.

   (3)    "Bathhouse" means an establishment or business which provides the services of baths of all kinds, including all forms and methods of hydrotherapy, unless operated by a medical practitioner or professional physical therapist, licensed by the State.

   (4)    "Book or media store" means a book or media store which devotes less than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a retail establishment. A book or media store which devotes more than 10 percent of its gross public floor area or 10 percent of the number of items in inventory to hard-core material, but which devotes less than 40 percent of its gross public floor area and less than 40 percent of the number of items in inventory to hard-core material shall be treated for zoning purposes as a book or media store and not as an adult media store, provided that it meets the following conditions: all hard-core material shall be maintained in a room that is separated from other material by an opaque wall that extends to the ceiling or eight feet above the floor, whichever is less; access to the room containing the hard-core material shall be through an opaque door; the room containing hard-core material shall be posted with a notice indicating that only persons 18 years of age or older (adults) are allowed in the room; and access to the room will be physically limited to adults through control of access by an employee of the store, through use of an access release located at least 66 inches off the floor, or through constant monitoring of the room by an employee on duty through electronic means or through a window or mirror providing visibility into the room from the manager's or cashier's work station.

   (5)    "Display publicly" means the art of exposing, placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material other than adult media are on display to the public.

   (6)    "Establishment" means any business regulated by Section 1104.1500.

   (7)    "Explicit sexual material" means any hard-core material.

   (8)    "Gross public floor area" means the total area of the building accessible or visible to the public, including showrooms, sexually-oriented cinemas, sexually-oriented motion picture theaters, or sex-oriented cinemas, motion picture arcades booths, service areas, behind-counter areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for sexually-oriented cabarets or sex-oriented cabarets, plus aisles, hallways, and entryways serving such areas.

   (9)    "Hard-core material" means media characterized by sexual conduct that includes one or more of the following: erect male organ; contact of the mouth of one person with the genitals of another; penetration with a finger or male organ into any orifice in another person; open female labia; penetration of a sex toy into an orifice; male ejaculation; or the aftermath of male ejaculation.

   (10)    "Lingerie modeling or photograph studio" means an establishment or business which provides the services of live models modeling lingerie, bathing suits, or similar wear or without clothing to individuals, couples or small groups in a room smaller than 600 square feet.

   (11)    "Massage" means touch, stroking, kneading, stretching, friction, percussion and vibration, and includes holding, positioning, causing movement of the soft tissues and applying manual touch and pressure to the body (excluding an osseous tissue manipulation or adjustment).

   (12) "Massage parlor" means an establishment offering massage therapy and/or body work by a massage therapist not licensed under Revised Code Section 4731.17 or under the direct supervision of a licensed physician.

   (13) "Massage studio" means an establishment offering massage therapy and/or body work by a massage therapist licensed under Revised Code Section 4731.17 or under the direct supervision of a licensed physician.

   (14)    "Massage therapy" means the profession in which a State of Ohio certified massage therapist applies massage techniques with the intent of positively affecting the health and well-being of the client, and may adjunctively (i) apply allied modalities, heat, cold, water and topical preparations not classified as prescription drugs, (ii) use hand held tools or devices designed as t-bars or knobbies, and (iii) instruct self care and stress management. "Manual" means by use of hand or body.

   (15)    "Media" means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything that is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, cd-roms, other magnetic media, and undeveloped pictures.

   (16)    "Motion picture arcade booth" means any booth, cubicle, stall or compartment which is designed, constructed or used to hold or seat customers and is used for presenting motion pictures or viewing publications by any photographic, electronic, magnetic, digital or other means or medium (including, but not limited to, film, video or magnetic tape, laser disc, cd-rom, books, magazines or periodicals) for observation by customers therein. The term "booth", "arcade booth," "preview booth", and "video arcade booth" shall be synonymous with the term "motion picture arcade booth".

   (17)    "Primary live entertainment" means entertainment that characterizes the establishment, as determined (if necessary) from a pattern of advertising as well as actual performances.

   (18)    "Public park" means a publicly-owned parcel of land kept for ornamental and recreational purposes, including land in its natural state.

   (19)    "Public playground" means a publicly-owned parcel of land used and equipped for recreation.

   (20)    "Religious institution" means a place that people regularly attend for religious services, meetings and other activities.

   (21)    "Residential District" means a zoning district contained in Sections 1102.0200 through 1102.0500 of the Toledo Municipal Code.

   (22)    "Sadomasochistic practices" means flagellation or torture by or upon a person clothed or naked, or the condition of being fettered, bound, or otherwise physically restrained on the part of one so clothed or naked.

   (23)    "School" means either a private or public elementary, middle or high school established under State law maintained for the education of children.

   (24)    "Sex shop" means an establishment offering goods for sale or rent and that meets any of the following tests: it offers for sale items from any two of the following categories: adult media; lingerie; leather goods marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items make up more than 10 percent of its stock in trade or occupies more than 10 percent of its gross public floor area; more than 5 percent of its stock in trade consists of sexually oriented toys or novelties; or more than 5 percent of its gross public floor area is devoted to the display of sexually oriented toys or novelties.

   (25)    "Sexual conduct" means the engaging in or the commission of an act of sexual intercourse, oral-genital contact, or the touching of the sexual organs, pubic region, buttock or female breast of a person for the purpose of arousing or gratifying the sexual desire of another person.

   (26)    "Sexual encounter center" means a business or commercial establishment that, as one of its principal 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'. The definition of sexual encounter center or any sexually-oriented business shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized sexual therapy.

   (27)    "Sexual gratification" means sexual conduct as defined herein.

   (28)    "Sexually-oriented acts" means sexual conduct as defined herein.

   (29)    "Sexually-oriented cabaret or sex-oriented cabaret" means an establishment and/or building or portion of a building regularly featuring dancing or other live entertainment if the dancing or entertainment which constitutes the 'primary live entertainment' is distinguished or characterized by an emphasis on the exhibiting of "specific sexual activities" or "specified anatomical areas" for observation by customers therein. A cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

   (30)   "Sexually-oriented cinema, sexually-oriented motion picture theater, or sex-oriented cinema" means a cinema or motion picture theater which shows hard-core material on more than half the days that it is open, or which is marketed as or offers features described as "adult", "XXX", or sexually oriented.

   (31)    "Specified anatomical areas" means any one of the following: (1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and (2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered.

   (32)    "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal or acts of human masturbation, sexual intercourse, sodomy, or fondling or other erotic touching of human genitals, pubic region, buttock, or female breast.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 017-25. Passed 1-14- 25.)

   The line established between a body of water and land within the City, as established on the topographic maps taken from the aerial survey of March 1974, on file at the office of the Plan Commission.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A yard between the principal building and a side lot line, extending from the front yard to the rear yard and being the horizontal distance between a side lot line and the side of the principal buildings or any projections thereof.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   "Skilled Nursing Care" as that term is defined at Revised Code Section 3721.01(A)(4).

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   A Stormwater Detention Pond is a facility designed to receive and hold stormwater and release it at a slower rate, usually over a number of hours. The entire volume of stormwater that enters the facility is eventually released.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   Stormwater Retention Pond is used to manage stormwater runoff to prevent flooding, downstream erosion and improve water quality. Sometimes called a wet pond or wet detention basin, it is an artificial stormwater reservoir with vegetation around the perimeter and includes a permanent pool of water in its design.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   Stormwater Treatment Facility is a device installed or constructed to reduce or control stormwater peak runoff rates or to reduce stormwater contaminants. These facilities include, but are not limited to the construction of vegetated channels, grass filter strips, detention ponds, retention ponds, infiltration devices, wetlands, oil/water separators, catch basins screens or filters.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   That portion of a building, other than a cellar, included between the surface of any 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. The unfinished space between the ceiling joists of the top story and the roof rafters shall be considered an attic and not a story.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   A public thoroughfare which affords the principal means of access to abutting property.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   The latest version, as amended, of the Toledo-Lucas County Major Street and Highway Plan, on file in the offices of the Plan Commission and Clerk of Council. Such plan is hereby incorporated into the Zoning Code, and amendment of such plan shall be made only in accordance with the provisions of Section 1111.0600.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Any change in the supporting members of a building, such as bearing walls, or partitions, columns, beams or girders, or any substantial change in the roof or in the exterior walls, excepting such repair or replacement as may be required for the safety of the building.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Anything constructed, erected or placed on the land, the use of which requires a more or less permanent location on the land, or attached to something having a permanent location on the land.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   (EDITOR’S NOTE: Former Section 1116.0191.1 was repealed by Ordinance 285-25, passed June 17, 2025.)

   (1)    "Family Swimming Pool" - means an artificial body of water of permanent construction which necessitates any excavation, or in excess of 48 inches above ground level with a controlled water supply, over 24 inches in depth or with a capacity of over 100 cubic feet, used or intended to be used solely by the owner, tenant, family, or invitee without payment of any fee. Definition includes retention ponds and excludes detention ponds or ornamental ponds.

   (2)    "Portable swimming pool" - means an artificial body of water with a controlled water supply located above ground, not exceeding 48 inches above ground level, over 24 inches in depth or with a capacity of over 100 cubic feet and with such a nature that it may be dismantled and/or relocated, used or intended to be used solely by the owner, tenant, family, or invitee without payment of any fee.

(Ord. 555-08. Passed 9-9-08; Ord. 198-11. Passed 4-19-11; Ord. 158-18. Passed 4-24-18.)

   Toledo Area Rapid Transit Authority.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   A city-licensed establishment for tattoo and body piercing. Chapter 1717 of the Health Code.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Papers or wrappers, pipes, holders of smoking materials of all types, cigarette-rolling machines, electronic cigarettes, vaporizers, and any other item designed for the smoking, use or ingestion of tobacco and/or vapor products.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 343-25. Passed 7-15-25.)

   Any product made from tobacco, other than cigarettes, that is made for smoking or chewing, or both, and snuff.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 343-25. Passed 7-15-25.)

   Establishment that provides for the removal and temporary storage of vehicles but does not include disposal, permanent disassembly, salvage, or accessory storage of inoperable vehicles. This shall not include Light Equipment Repair services that have a tow truck and repairs vehicles on-site.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Tree Boxes are a green infrastructure stormwater control measure that are designed to collect the first flush of stormwater and treat it prior to discharge into the storm sewer system or subsoil. The structure is a pre-manufactured concrete box which is installed in-ground, filled with soil media and typically planted with native, non-invasive tree or shrub.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   An educational center and catalyst for planning and design excellence in Toledo and Lucas County. The Urban Design Center celebrates, supports and promotes good design by: increasing public awareness and appreciation of good design through educational efforts, facilitating civic dialogue on design and planning issues, facilitating community involvement in design and planning efforts and increasing the community's capacity to produce high quality design.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Any vehicle designed and constructed in such a manner, mounted on wheels or a motor vehicle, so it can be drawn or carried upon streets or highways whose primary purpose is to haul personal property or other property or materials and is licensable as a utility trailer under Ohio Motor Vehicle licensing law for use on highways or streets.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18; Ord. 343-25. Passed 7-15-25.)

   Any liquid solution or other substance that (1) contains nicotine and/or (2) is depleted as it is used in an electronic smoking product. "Vapor product" does not include any solution or substance regulated as a drug, device, or combination product under Chapter V of the "Federal Food, Drug, and Cosmetic Act," 21 U.S.C. 301, et seq.

(Ord. 343-25. Passed 7-15-25.)

   A Vegetated Swale is a long and narrow channel planted with a variety of trees, shrubs, and grasses. Stormwater runoff from impervious surfaces is directed through the swale, where it is slowed and, in some cases, infiltrated, allowing pollutants to settle out.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18; Ord. 343-25. Passed 7-15-25.)

   Means an off-street pedestrian path.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   Wetland is an area that is inundated or saturated by surface water or groundwater at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands include swamps, marshes, bogs, and similar areas.

(Ord. 155-16. Passed 4-26-16; Ord. 158-18. Passed 4-24-18.)

   A wheelchair lift, also known as a platform lift, or vertical platform lift is a fully powered device designed to raise a wheelchair and its occupant in order to overcome a step or similar vertical barrier.

(Ord. 193-16. Passed 5-24-16; Ord. 158-18. Passed 4-24-18.)

   A wheelchair ramp is an inclined plane installed in addition to or instead of stairs. A wheelchair ramp can be permanent, semi- permanent or portable. Permanent ramps are designed to be bolted or otherwise attached in place. Semi-permanent ramps rest on top of the ground or concrete pad and are commonly used for the short term.

(Ord. 193-16. Passed 5-24-16; Ord. 158-18. Passed 4-24-18.)

   Produced by processes involving pressure, adhesives or binders. These may have layers or reconstituted wood, or materials other than wood. Examples are plywood, pressboard or other equivalent products.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   A combination of landscaping features and techniques that in aggregate reduce the demand for, and consumption of, water.

(Ord. 480-24. Passed 9-25-24.)

   A detached dwelling unit distinguished by the location of one exterior wall on a side property line.

(Ord. 170-04. Passed 3-23-04; Ord. 589-07. Passed 9-4-07.)

   A.   Purpose. This section classifies land uses and activities into use categories on the basis of common functional, product, or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and certain other site factors. The use categories provide a systematic basis for assignment of uses to zoning districts.

   B.   Classification Considerations.

      1.    Uses are assigned to the category that most closely describes the nature of the principal use, based on the "Characteristics" description of each use category. Developments may have more than one principal use. (See Section 1104.0105.)

      2.    The following factors are considered to determine what use category the use is in, and whether the activities constitute principal uses or accessory uses. The presence or absence of any single factor is not necessarily determinative of what use category the use is in.

         a.    The description of the activity in relationship to the characteristics of each use category;

         b.    The relative amount of site or floor space and equipment devoted to the activity;

         c.    Relative amounts of sales from each activity;

         d.    The customer type for each activity;

         e.    The relative number of employees in each activity;

         f.    Hours of operation;

         g.    Building and site arrangement;

         h.    Vehicles used with the activity;

         i.    The relative number of vehicle trips generated by the activity;

         j.    Signs;

         k.    How the use advertises itself; and

         l.    Whether the activity would be likely to be found independent of the other activities on the site.

   C.   Examples. The "examples" subsection of each use category provides a list of examples of uses that are included in the use category. The names of uses on the lists are generic. They are based on the common meaning of the terms and not on what a specific use may call itself. For example, a use whose business name is "Wholesale Liquidation" but that sells mostly to consumers would be included in the Retail Sales and Service category rather than the Wholesale Sales category. This is because the actual activity on the site matches the description of the Retail Sales and Service category.

(Ord. 170-04. Passed 3-23-04.)

   Activities that primarily involve raising or producing field crops or other plants.

(Ord. 170-04. Passed 3-23-04; Ord. 158-18. Passed 4-24-18.)

   The following are animal services use types:

   E.    Kennel. A commercial establishment licensed to operate a facility housing dogs, cats, or other household pets. Typical uses include grooming, breeding, boarding (daily or weekly), training or selling of animals. Kennels typically have outdoor, fenced animal runs in addition to indoor holding areas.

(Ord. 180-09. Passed 3-31-09.)

   Provision of maintenance and custodial services to commercial and industrial establishments. Typical uses include janitorial and window cleaning services. Also includes exterminator services for residential, commercial or industrial applications.

(Ord. 170-04. Passed 3-23-04.)

   Sale, rental, or repair of office, professional, and service equipment and supplies to the firms themselves rather than to individuals. Excludes Construction Sales and Service and Vehicle Sales and Service. Typical uses include office equipment and supply firms, small business machine repair shops and hotel equipment and supply firms.

(Ord. 170-04. Passed 3-23-04.)

   Provision of clerical, employment, protective, or minor processing services to firms rather than individuals. Storage of goods other than samples is prohibited. Typical uses include secretarial services, telephone answering services and blueprint services. Also includes business or trade schools that do not involve any outdoor storage or manufacturing processes. Business or trades schools that involve outdoor storage or manufacturing processes are classified as Limited Manufacturing and Production.

(Ord. 170-04. Passed 3-23-04.)

   Colleges and other institutions of higher learning that offer courses of general or specialized study leading to a degree. They are certified by the state or by a recognized accrediting agency. Colleges tend to be in campus-like settings or on multiple blocks. Examples include universities, liberal arts colleges, community colleges, nursing and medical schools not accessory to a hospital, conservatories and seminaries.

(Ord. 170-04. Passed 3-23-04.)

   Broadcasting and other information relay services accomplished through use of electronic and telephonic mechanisms. Excludes services classified as Major Utilities and Services and Minor Utilities. Typical uses include recording studios, television and radio studios, telecommunication service centers, and telegraph service offices.

(Ord. 170-04. Passed 3-23-04.)

   Recreational, social, or multi-purpose uses typically associated with parks, play fields, golf courses, or community recreation buildings.

   A.   Active Recreation. Areas used or designed for participant-oriented, group sports and recreation activities, including spectator areas associated with such facilities. Typical uses include:

      1.    Recreational facilities of an active nature, such as athletic fields, play grounds and children's play apparatus areas, court games;

      2.    Public and community recreation buildings, including enclosed and semi-enclosed buildings providing public assembly and activity areas, such as gymnasiums, meeting rooms, game rooms, arts and crafts, dancing and dining.

      3.    Band shells and outdoor theaters;

      4.    Campgrounds; and

      5.    Facilities incidental to the operation of public recreational uses, such as refreshment stands, small concessionaire shops dispensing sporting goods, miniature golf and similar uses accessory to public recreational uses.

   B.   Passive Recreation. Areas used or designed for individual sports and recreation uses of a passive nature. Typical uses include golf courses (although golf course club houses are considered an "active recreation" use); hiking, bicycle and equestrian trails; greens and commons; sitting areas; picnic areas; botanical gardens; arboretums; conservatories; and natural wildlife or plant habitat areas.

   C.   Marinas. Any public or private facilities used for mooring, berthing, or securing recreational boats. Typical uses include yacht clubs and public boat docks.

(Ord. 170-04. Passed 3-23-04.)

   Construction activities and incidental storage on lots other than construction sites. Also includes landscape contractors, landscape maintenance businesses, retail landscape sales and the retail or wholesale sale, from the premises, of materials used in the construction of buildings or other structures other than retail sale of paint, fixtures, and hardware, but excludes those uses classified as Vehicle Sales and Service uses. Typical uses include building materials stores, tool and equipment rental or sales building contracting/construction offices and landscape maintenance/contractor offices.

(Ord., 170-04. Passed 3-23-04.)

   Museum-like preservation and exhibition of objects in one or more of the arts and sciences, gallery exhibition of works of art, or library collection of books, manuscripts, etc., for study and reading.

(Ord. 170-04. Passed 3-23-04.)

   Uses providing care, protection and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. There are three types of Day Care uses:

   A.   Type A Family Day Care Home. A permanent residence of the day care administrator in which day care is provided for:

      1.    Seven to 12 children at one time, including any children under six years of age who are related to a licensee, administrator, or employee of the type A home and who are on the premises of the type A home;

      2.    Four to 12 children at one time if four or more children at one time are under two years of age, including any children under six years of age who are related to a licensee, administrator, or employee of the type A home and who are on the premises of the type A home; or

      3.    Four to 12 adults at one time.

      4.    Type A family day-care homes do not include a residence in which the needs of the children or adults are administered to if all the children or adults whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.

   B.   Type B Family Day Care Home. A permanent residence of the provider in which day care is provided for:

      1.    One to six children at one time and in which no more than three children are under two years of age; or

      2.    One to six adults.

      3.    In counting children for the purposes of this rule, 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. Children six years of age or older who are related to the provider, who are not publicly funded and who are on the premises of the type B home shall not be included in this count.

      4.    A type B family day care home also includes a home that is the permanent residence of the provider and the relative.

   C.   Day Care Center. 

      1.    Any place that is not the permanent residence of the licensee or administrator in which day care is provided, with or without compensation, for seven to 12 children or adults at one time; or

      2.    Any place in which day care is provided, with or without compensation, for 13 or more children or adults at one time.

      3.    In counting children for the purposes of this rule, any children under six years of age who are related to a licensee, administrator, or employee of the center and who are on the premises of the center shall be counted.

      4.    "Day care center" does not include a place located in and operated by a hospital, as defined in Revised Code Section 3727.01, in which the needs of children are administered to, if all the children whose needs are being administered to are monitored under the onsite supervision of a physician licensed under Revised Code Chapter 4731 or a registered nurse licensed under Revised Code Chapter 4723, and the child day-care is provided only for children who, in the opinion of the child's parent, guardian, or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured.

(Ord. 170-04. Passed 3-23-04.)

   Sale of prepared food and beverages for on and off premises consumption. The following are eating and drinking establishment use types:

   A.   Tavern. An establishment licensed to sell alcoholic beverages to be generally consumed on the premises, which may or may not also sell food prepared and served to be generally consumed on the premises.

   B.   Fast Order Food. An establishment whose primary business is the sale of food: a) primarily intended for immediate consumption; b) available within a short waiting time; and c) packaged or presented in such a manner that it can be readily eaten outside the premises where it is sold. Does not include drive-through fast order food establishments.

   C.   Fast Order Food, Drive-through. Sale of food directly to patrons in motor vehicles or to patrons that intend to use the motor vehicle as an eating area. Typically, this use is either dependent on a long driveway that provides adequate room for vehicle stacking at a drive-through service window or on a parking area near a walk-up service window.

   D.   Restaurant - Sit-down. Sale of food prepared and served to be generally consumed on the premises. Typically, clientele does not turn over rapidly.

(Ord. 170-04. Passed 3-23-04.)

   Any business, establishment, or location operated for profit which employs the use ofone or more Skill-based amusement machines or Sweepstakes terminal devices, as defined in Section 517.01, in any one location. The definition of "Electronic Gaming Parlor" shall not include any location or establishment operated by any charitable organization as defined at ORC 2915.01(H), fraternal organization as defined at ORC 2915.01(M), or service organization as defined at ORC 2915.01(O) provided no such organization has on its premises for use at any given time ten or more electronic games of skill.

(Ord. 285-25. Passed 6-17-25.)

   Provision of cultural, entertainment, athletic, and other events to spectators. Also includes events involving social or fraternal gatherings. The following are spectator sports and entertainment use types:

   A.   Limited. Those uses conducted within an enclosed building with a capacity of 299 or less people. Typical uses include small theaters and meeting halls.

   B.   General. Those uses generating an attendance of 300 or more people, such as theaters, large exhibition halls and sports stadiums.

(Ord. 170-04. Passed 3-23-04.)

   Storage of any quantity of explosives. Typical uses include storage in the course of manufacturing, selling, or transporting explosives or in the course of blasting operations.

(Ord. 170-04. Passed 3-23-04.)

   Financial, insurance, real estate or securities brokerage services. Typical uses include banks, insurance agencies and real estate firms.

   A. Short-term Lender

   A facility that meets any or all of the following criteria: makes loans upon assignment of a check or wages to be received, provides loans secured by or involving personal property or a title to a motor vehicle except where the loan was issued for the purchase of the vehicle; and/or accepts a check and agrees to hold the check for at least two days before presentment for payment or deposit. Excludes any state or federally chartered bank, credit union, mortgage lender, or savings and loan association.

(Ord. 170-04. Passed 3-23-04; Ord. 191-17. Passed 5-2-17.)

   Retail sale of food and beverages for home consumption. Typical uses include groceries and delicatessens. There are two types of Food and Beverage Retail Sales uses:

   A.   Convenience Stores, with a floor area of less than 5,000 square feet; and

   B.   Large Stores, with a floor area of 5,000 square feet or more.

(Ord. 170-04. Passed 3-23-04.)

   A facility where trucks are temporarily parked for dispatch and/ or where goods are delivered for distribution by truck or other modes of transportation. Goods may be stored on site or reconfigured into larger or smaller units for distribution purposes. Excludes uses that qualify as Scrap and Salvage Operations.

(Ord. 402-11. Passed 8-23-11.)

   Provision of services involving the care, preparation or disposition of the dead. The following are funeral and interment services use types:

(Ord. 170-04. Passed 3-23-04.)

   Retail sale, from the premises, of petroleum products with incidental sale of tires, batteries, and replacement items, lubricating services, and minor repair services. Typical uses include automobile service stations, filling stations and truck stops.

(Ord. 170-04. Passed 3-23-04.)

   Residential occupancy of a structure by other than a household, where units or quarters do not each have its own kitchen facilities. Does not include transient habitation uses.

   C.    Residential Facility, Large. A State-licensed or State-regulated home or facility that provides room and board, personal care, habilitation services, and supervision in a family setting for more than nine but not more than 16 persons who require such care because of any of the following: mental retardation or a developmental disability; physical disability; age; long-term illness, including HIV; domestic violence; or being a runaway minor. Includes the following types of facilities identified under State law: residential facility, Revised Code Section 5123.19(L); shelter for victims of domestic violence, Revised Code Section 3113.33(C); shelter for runaways, Revised Code Section 5119.64(B); and other similar uses of the same size licensed by the State but not requiring skilled nursing care.

(Ord. 170-04. Passed 3-23-04.)

   Facilities providing medical or surgical care to patients and offering inpatient (overnight) care.

(Ord. 170-04. Passed 3-23-04.)

   Residential occupancy of a dwelling unit by a Household with tenancy arranged on a month-to-month or longer basis.

(Ord. 170-04. Passed 3-23-04.)

   Production, processing, assembling, packaging, or treatment of food and non-food products; or manufacturing and/or assembly of electronic instruments and equipment and electrical devices. General Industrial uses may require federal air quality discharge permits. General Industrial uses do not have nuisance conditions that are detectable from the boundaries of the subject property. Nuisance conditions can result from any of the following:

   A.    Continuous, frequent, or repetitive noises or vibrations;

   B.    Noxious or toxic fumes, odors, or emissions;

   C.    Electrical disturbances; or

   D.    Night illumination into residential areas.

(Ord. 170-04. Passed 3-23-04.)

   Manufacturing, processing, or assembling of materials in a manner that would create any of the commonly recognized nuisance conditions or characteristics described above in the General Industrial use type classification.

(Ord. 170-04. Passed 3-23-04.)

   Laundering, dry cleaning, or dyeing services other than those classified as Personal Convenience Services. Typical uses include laundry agencies, diaper services and linen supply services.

(Ord. 170-04. Passed 3-23-04.)

   Meetings and activities primarily conducted for members of such groups. Excludes Group Living and Transient Habitation uses. Typical uses include meeting places for clubs, lodges, or fraternal or veteran organizations.

(Ord. 170-04. Passed 3-23-04.)

   Establishments generally employing fewer than 20 persons, do not involve outside storage of materials, do not require federal air quality discharge permits, are compatible with nearby residential uses because there are few or no offensive external effects, and are primarily engaged in one of the following:

   A.    On-site production of goods by hand manufacturing involving use of hand tools or light mechanical equipment. Products may be finished or semi-finished and are generally made for the wholesale market, for transfer to other plants, or to order for customers or firms. Goods are generally not displayed or sold on-site, but if so this is a subordinate part of total sales. Typical uses include instruction studios, ceramic studios, woodworking and cabinet shops, custom jewelry manufacturing, clothing, food products, and similar types of arts and crafts or small-scale manufacturing; or

   B.    Manufacturing or assembling of electronic components, medical and dental supplies, computers, housewares, or other manufacturing establishments with similar characteristics. Goods generally are not displayed or sold on-site, but if so this is a subordinate part of total sales.

(Ord. 170-04. Passed 3-23-04.)

   Production, processing, assembling, or packaging of products that rely upon research and technological innovation. Also includes research of an industrial or scientific nature. Typical uses include manufacturing research instruments, electronic products, and surgical and medical instruments, electronics research laboratories, environmental research and development firms, agricultural and forestry research labs, and pharmaceutical research labs.

(Ord. 170-04. Passed 3-23-04.)

(Ord. 359-17. Passed 8-22-17; Ord. 23-24. Passed 1-17-24.)

   Personal health services including prevention, diagnosis and treatment, rehabilitation services provided by physicians, dentists, nurses, and other health personnel and medical testing and analysis services. Typical uses include medical offices, dental laboratories, and health maintenance organizations.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Mining or extraction of mineral or aggregate resources from the ground for off-site use. Examples include quarrying or dredging for sand, gravel or other aggregate materials; mining; and oil and gas drilling.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Professional, governmental, executive, management or administrative offices of private organizations or government agencies Typical uses include government offices, administrative offices, legal offices and architectural firms.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as a Commercial Parking use. Vehicles located on the property must have valid license plates associated with and displayed on each individual vehicle. All activities associated with vehicle sales or advertisements for vehicles sales are not permitted at the facility. A facility that provides parking or storage of vehicles without valid license plates is considered Vehicle Storage.

(Ord. 170-04. Passed 3-23-04; Ord. 401-16. Passed 10-25-16; Ord. 359-17. Passed 8-22-17.)

   Provision of small consumer-oriented, personal services. These include personal services of a small, neighborhood-scale. Typical uses include laundromats, dry cleaners, barbershops, and others.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Informational, instructional, personal improvement, and similar services of a nonprofessional nature. Excludes services classified as Entertainment and Spectator Sports, Participant Sports and Recreation, or Transient Habitation. Typical uses include photography studios, driving schools, weight reducing salons, nail salons, barbershops, tattoo and body piercing shops, and beauty parlors.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Mailing services and processing as traditionally operated or leased by postal and parcel service companies.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Services that provide protection to a district or entity according to Fire, Life, and Safety Code Sections, together with the incidental storage and maintenance of necessary vehicles. Typical uses include fire stations, police stations and ambulance services.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Collection and/or processing of recyclable materials. Recyclable materials for these facilities include recoverable resources, such as newspapers, glassware, and metal cans. Automobile parts, construction debris, or similar items requiring disassembly are not permitted at these facilities. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial, or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:

      1.    Recycling, Mobile Collection Unit: An automobile, truck, trailer or van, or roll-off container that is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes or containers transported by trucks, vans, or trailers used for the collection of recyclable materials. These recycling units shall have a lid or shall be under cover of a roof or awning.

      2.    Reverse vending machines;

      3.    Kiosk type units;

      4.    Unattended containers placed for the donation of recyclable materials; and

      5.    Indoor facilities, ancillary to the primary activity of a business or organization.

(Ord. 181-09. Passed 3-31-09.)

(Ord. 170-04. Passed 3-23-04; Ord. 670-10. Passed 12-21-10; Ord. 359-17. Passed 8-22-17.)

   Religious services involving public assembly such as customarily occurs in synagogues, temples, mosques, and churches.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   A facility that as its primary use is rented or otherwise made available for compensation to any person or group for a private event or function. Typical uses include banquets, luncheons, receptions, or conferences.

(Ord. 402-11. Passed 8-23-11; Ord. 359-17. Passed 8-22-17.)

   Provision of repair services to individuals and households, but not to firms. Excludes Vehicle Sales and Service uses. Typical uses include appliance repair shops, locksmiths, shoe and apparel repair and musical instrument repair.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Businesses involved in the sale, lease or rent of new or used products to the general public. Excludes Animal Services, Business Equipment Sales and Services, Construction Sales and Services, Food and Beverage Retail Sales, Gasoline and Fuel Sales, and Vehicle Sales and Service. Typical uses include department stores, drug stores, apparel stores and furniture stores.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   Public and private schools at the primary, elementary, middle, junior high, or high school level that provide state-mandated basic education. The following are school use types:

   A.    Elementary and Middle Schools: Schools enrolling students in any or all of grades K through 8.

   B.    High Schools: Schools enrolling students in any or all of grades 9 through 12.

(Ord. 170-04. Passed 3-23-04; Ord. 345-10. Passed 6-22-10; Ord. 359-17. Passed 8-22-17.)

   Storage, sale, dismantling, or other processing of used, source-separated, or waste materials not intended for reuse in their original form. Typical uses include motor vehicle salvage dealers, wrecking yards, junk yards, and salvage yards, but not including Recycling Facilities.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   The opening or commencement of any sexually-oriented business; the conversion of an existing business, whether or not a sexually-oriented business, to any sexually-oriented business; the addition of any sexually-oriented business to any other existing sexually-oriented business; or the relocation of any sexually-oriented business. Typical sexually-oriented business establishments include: adult media store, bathhouse, lingerie modeling or photograph studio, massage parlor (except for massage therapy as licensed by the State of Ohio in Revised Code Section 4731.16), motion picture arcade booth, sex shop, sexual encounter center, sexually-oriented cabaret or sex-oriented cabaret, sexually-oriented cinema, sexually-oriented motion picture theater, and sex-oriented cinema.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17.)

   An energy system that consists of one or more solar collection devices, solar-energy related equipment, and other associated infrastructure with the primary intention of generating electricity, storing electricity, or otherwise converting solar energy to a different form of energy. Solar energy systems may generate energy in excess of the energy requirements for a property if it is to be sold back to a public utility in accordance with the law.

   A.   Building Integrated Solar Energy System. An SES where solar materials are incorporated into building materials, such that the two are reasonably indistinguishable, or where solar materials are used in place of traditional building components, such that the SES is structurally an integral part of a house, building, or other structure.

   B.   Building-Mounted Solar Energy System. An SES that is affixed to or mounted on a rack that is ballasted on, or is attached to the roof or façade of a principal or accessory building or structure. A roof-mounted system is accessory to the primary use.

   C.    Ground-Mounted Solar Energy System (Accessory). An SES mounted on a rack or pole that is ballasted on, or attached to the ground, and is accessory to the primary use.

   D.   Ground-Mounted Solar Energy System (Primary). A SES mounted on a rack or pole that is ballasted on, or attached to the ground, and is the primary land use for the parcel(s) on which it is located. Primary use systems are permitted through the Special Use Permit process.

(Ord. 532-24. Passed 11-6-24.)

   Provision of sports or recreation primarily by and for participants. Spectators would be incidental and on a nonrecurring basis. The following are participant sports and recreation use types:

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18; Ord. 285-25. Passed 6-17-25.)

   Any business, establishment, room or place where four (4) or more game of chance entertainment devices are kept for use by the public or by persons other than the owner of the devices, where persons give anything of value to access the use of the computerized sweepstake terminal or the premises, and the person may be given anything of value by the operator, whether the giving occurs on or off the premise or at the same time or a later time.

(Ord. 353-18. Passed 8-28-18.)

   Any retail establishment that devotes 33 percent or more of floor area or display area to the sale or exchange of retail packaged tobacco products, vapor products, electronic smoking products, and/or tobacco paraphernalia. The use of the remaining floor area will be subject to Section 1104.0105 Developments with Multiple Principle Uses.

(Ord. 170-04. Passed 3-23-04; Ord. 154-15. Passed 3-31-15; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18; Ord. 343-25. Passed 7-15-25.)

   Provision of lodging services on a day-by-day or similar temporary basis, together with any incidental food, drink, and other sales and services intended for the convenience of guests. Does not include Group Living uses. The following are transient habitation use types:

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)

   Services and utilities that have substantial impacts. Such uses may be permitted when the public interest supersedes the usual limitations placed on land use and transcends the usual restraints of the district for reasons of necessary location and community wide interest. Typical uses include: water and waste water treatment facilities, major water storage facilities, landfills, airports and detention and correction institutions.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)

   Public utilities that have a local impact on surrounding properties. Typical uses include electrical and gas distribution substations. Excludes "Wireless Telecommunications Facilities" use types.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)

   Sales of motor vehicles or services related to motor vehicles. The following are vehicle sales and service use types:

   F. Auto and RV Sales/Rentals. Sale, retail, wholesale, or rental from the premises of motor vehicles, noncommercial trucks, motorcycles, noncommercial trailers, truck campers, manufactured homes, motorhomes and boats, together with incidental maintenance. Typical uses include automobile and boat dealers, car rental agencies and recreational vehicles sales.

   Premises on which only used automobile, recreational vehicles, noncommercial trucks, motorcycles, noncommercial trailers and truck campers, together with incidental maintenance. Typical use is a used car lot.

(Ord. 170-04. Passed 3-23-04; Ord. 401-16. Passed 10-25-16; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)

   Wholesaling, storage, distribution, and handling of materials and equipment other than live animals and plants. The following are wholesaling, storage and distribution use types:

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)

   The site, structures, equipment, and appurtenances used to transmit radio frequency transmissions licensed by the Federal Communications Commission.

(Ord. 170-04. Passed 3-23-04; Ord. 359-17. Passed 8-22-17; Ord. 353-18. Passed 8-28-18.)