(a)

Intent. All provisions, terms, phrases, and expressions contained in this Zoning Code shall be construed according to stated purpose and intent of this Zoning Code.

(b)

Lists and examples. Unless otherwise specifically indicated, lists of items or examples that use terms such as including, such as, or similar language are intended to provide examples, and not be to be exhaustive lists of all possibilities.

(c)

References to other regulations, publications and documents. Whenever reference is made to an ordinance, statute, regulation, or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), ordinance, statute, or document, or to the relevant successor document, unless otherwise expressly stated.

(d)

Public officials and agencies. All public officials, bodies, and agencies to which references are made are those of the City of Wilmington, unless otherwise expressly stated.

(e)

Delegation of authority. Whenever a provision appears requiring the head of a department or another officer or employee of the City to perform an act or duty, that provision shall be construed as authorizing the department head or officer to delegate the responsibility to subordinates, unless the terms of the provision specify otherwise.

(f)

Technical words. Technical words and phrases not otherwise defined in this Zoning Code that may have acquired a peculiar and appropriate meaning in law shall be construed and understood according to such meaning.

(g)

Mandatory and discretionary terms. The word "shall" is always mandatory, and the words "may" or "should" are always permissive.

(h)

Conjunctions. Unless the context clearly suggests the contrary, conjunctions shall be interpreted as follows:

(1)

"And" indicates that all connected items, conditions, provisions, or events shall apply; and

(2)

"Or" indicates that one or more of the connected items, conditions, provisions, or events shall apply.

(i)

Tense and usage. Words used in one tense (past, present, or future) include all other tenses, unless the context clearly indicates the contrary. The singular shall include the plural, and the plural shall include the singular.

(j)

Gender. The masculine shall include the feminine, and vice versa.

(k)

Meaning. For the purpose of this Code, words and phrases shall have the meanings set forth in this chapter.

(l)

Terms not defined. Words and phrases not otherwise defined in this Code shall be construed according to the common approved usage of American English.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18)

Definitions are presented as follows in alphabetical order:

Accessory dwelling unit means an additional living unit that is associated with a primary dwelling unit, that is either located entirely within the principal structure of the primary dwelling unit or in a detached accessory building, which serves as an additional living unit for sleeping, cooking, and sanitation. Accessory dwelling units are often for use by the occupant of the primary dwelling unit for guests, household help, or relatives.

Accessory structure. See "Structure, Accessory."

Active parks, playgrounds, and recreational facilities means any park or recreational facility that requires the grading of the land, construction of facilities, lighting, or is developed for ball fields, tennis courts, swimming pools, skate parks, disc golf, and other similar outdoor facilities.

Adult entertainment means the sale, rental, or exhibition, for any form of consideration, of books, films, video cassettes, magazines, periodicals, or live performances that are characterized by an emphasis on the exposure or display of specified anatomical areas or specified sexual activity.

Adult entertainment facility means an establishment having a significant portion of its function as presenting adult material or entertainment. The following are categorized as adult entertainment establishments:

(1)

Adult arcade - Any place to which the public is permitted or invited in which coin-operated, slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and in which the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing of "specified sexual activities" or "specified anatomical areas."

(2)

Adult book store, adult novelty store or adult video store - A commercial establishment that has as a significant or substantial portion of its stock in trade or inventory in, derives a significant or substantial portion of its revenues from, devotes a significant or substantial portion of its interior business or advertising to, or maintains a substantial section of its sales or display space for the sale or rental, for any form of consideration, of books, magazines, periodicals, or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations, that are characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas.

(3)

Adult entertainment establishment - An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude or semi-nude model studio, or sexual encounter establishment. An establishment in which a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the state engages in medically approved and recognized therapy, including, but not limited to, massage therapy, as regulated pursuant to Section 4731.15 of the Revised Code, is not an "adult entertainment establishment".

(4)

Adult materials - Any book, novelty, sexual paraphernalia, sex toy, sexual devise, magazine, periodical, newspaper, pamphlet, poster, print picture, slide, transparency, figure, image, description, motion picture film, video, phonographic record or tape, compact disc (CD), digital video disc (DVD), computer hardware or software, or other tangible thing that is distinguished or characterized by an emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(5)

Adult mini motion picture theater - A facility with a capacity for less than 50 persons, which in exchange for any form of consideration, presents adult material for observation by patrons therein.

(6)

Adult motel or hotel - An establishment offering 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, characterized by the depiction of "specified sexual activities" or "specified anatomical areas" and which advertises the availability of this type of material by means of a sign visible from the public right-of-way, or by means of off-premises advertising; or offers a sleeping room for rent for a period of time less than ten hours; or allows a tenant or occupant to sub-rent the sleeping room for a period of time less than ten hours.

(7)

Adult motion picture theater - A commercial establishment where films, motion pictures, videocassettes, slides or similar photographic reproductions that are characterized by their emphasis upon the display of specified sexual activities or specified anatomical areas are regularly shown to more than five individuals for any form of consideration.

(8)

Adult theater - A theater, concert hall, auditorium, or similar commercial establishment that, for any form of consideration, regularly features persons who appear in a state of nudity or semi-nudity or live performances that are characterized by their emphasis upon the exposure of specified anatomical areas or specified sexual activities.

(9)

Escort agency - A person or business association that, for any form of consideration, furnishes, or offers to furnish an escort(s), guide(s), date(s), or companion(s) for another person.

(10)

Massage establishments - Any establishment having a fixed place of business where massages are administered for pay. This definition shall not be construed to include a hospital, nursing home, medical clinic, or the office of a physician, surgeon, chiropractor, osteopath, or therapist duly licensed by the State of Ohio, nor barber shops or beauty salons in which massages are administered only to the scalp, the face, the neck, or the shoulder, or recreation centers and sports complexes.

(11)

Nude model studio - Any place where a person, who regularly appears in a state of nudity, semi-nudity, is provided for money or any other form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons A modeling class or studio is not a nude or semi-nude model studio and is not subject to this chapter if it is operated in any of the following ways: (i) By a college or university supported entirely or partly by taxation; (ii) By a private college or university that maintains and operates educational programs, the credits for which are transferable to a college or university supported entirely or partly by taxation; (iii) In a structure that has no sign visible from the exterior of the structure and no other advertising indicating that a person appearing in a state of nudity or semi-nudity is available for viewing, if in order to participate in a class in the structure, a student must enroll at least three days in advance of the class and if not more than one nude or semi-nude model is on the premises at any one time.

(12)

Sexual device shop - A commercial establishment that regularly features sexual devices, but not including any pharmacy, drug store, medical clinic, or establishment primarily dedicated to providing medical or healthcare products or services, and not including any commercial establishment that does not restrict access to its premises by reason of age.

(13)

Sexual encounter center - A business or commercial enterprise that, as one of its principal business purposes, purports to offer for any form of consideration physical contact in the form of wrestling or tumbling between individuals of the opposite sex when one or more of the individuals is nude or semi-nude.

(14)

Sexual encounter establishment - 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 congregate, associate or consort, for the purpose of specified sexual activities, or the exposure of specified anatomical areas, or activities when one or more of the persons is in a state of nudity or semi-nude (not including an establishment where a medical practitioner, psychologist, psychiatrist or similar person licensed in the State of Ohio, engages in medically approved and recognized sexual therapy).

Adult family home (or small residential facility) means a residence or facility, as defined and regulated in Chapter 3722 of the Ohio Revised Code, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.

Adult family group home (or large residential facility) means a residence or facility, as defined and regulated in Chapter 3722 of the Ohio Revised Code, which provides accommodations for six to 16 unrelated adults and provides supervision and personal care services to at least three of the unrelated adults.

Agricultural building means a non-residential uninhabited structure for the storage of farm animals, implements, supplies, or products and is not open to the public. Examples include, but are not limited to barns, grain elevators, silos, coops, corrals, pens, private stables, greenhouses, but not retail greenhouses or structures for packaging agricultural products or agricultural processing activities.

Agriculture—Raising of crops means the principal use of land for agricultural purposes. This includes necessary buildings and structure which shall be used for agriculture, including, but not limited to: raising of crops, horticulture, floriculture, and viticulture and the necessary accessory uses for parking, treating or sorting the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.

Agriculture—Raising of livestock means the principal use of land for the raising and caring of livestock. This includes necessary buildings and structures which shall be used for agriculture, raising and caring for livestock and animal and poultry husbandry including necessary accessory uses for parking, treating or sorting of products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.

Amateur radio antenna means any transmitter, antenna, tower, or other apparatus designed for communications through amateur radio, also referred to as ham radio.

Animal shelter means a facility used to house or contain stray homeless, abandoned, or unwanted animals and that is owned, operated, or maintained by a public body, an established humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit organization devoted to the welfare, protection, and humane treatment of animals.

Annexation means the process by which municipalities extend their municipal services, regulations, voting privileges, and taxing authority to new territory.

Apartment means a unit within a multiple-unit structure with sanitation and cooking facilities intended for use as a residence by a single household.

Assisted living facility means a home that provides either of the following:

(1)

Accommodations for 17 or more unrelated individuals and supervision and personal care services for three or more of those individuals who are dependent on the services of others by reason of age or physical or mental impairment;

(2)

Accommodations for three or more unrelated individuals, supervision, and personal care services for at least three of those individuals who are dependent on the services of others by reason of age or physical or mental impairment, and, to at least one of those individuals, any of the skilled nursing care authorized by Section 3721.011 of the Ohio Revised Code.

Automated teller machine (ATM) means an automated device that provides bank and financial institutional customers with cash withdrawal and other financial services without the need for a bank teller.

Automobile body repair shop means a facility that provides collision repair services, including body frame straightening and repair, replacement of damaged parts, and painting.

Automobile fueling station means an establishment that sells unleaded and diesel gasoline along with other automotive fuels, and may include a convenience store as an accessory use.

Automobile general repair means a building, structure, or land used for the general repair and maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles including, but not limited to, muffler, oil change and lubrication, tire service and sales, installation of accessories, or engine repair.

Automobile oil change, lube, or light service means a building, structure, or land used for light maintenance of automobiles, motorcycles, trucks, trailers, or similar vehicles. Light maintenance includes oil change and lubrication, changing and flushing of fluids, battery maintenance/replacement, and tire service/sales, but not engine repair.

Automobile sales or rental establishment means a facility where new or used cars, motorcycles, and other light load vehicles are sold, leased, or rented.

Automobile washing facility means the use of a site for washing and cleaning of passenger vehicles, recreational vehicles, or other light duty equipment.

Banquet/assembly hall means a facility or building available for lease by private parties that may include kitchen facilities for the preparation or catering of food, the sale of alcoholic beverages for on-premises consumption during scheduled events not open to the public, and/or outdoor gardens, decks, or reception facilities.

Bar, brewpub or tavern means an establishment provided or dispensing, for on-site consumption, any fermented malt beverage, malt beverage, special malt, vinous, or spirituous liquors. The sale of food products, including, but not limited to, sandwiches and light snacks may be a secondary use to the service of the aforementioned drinks.

Bed and breakfast means an owner occupied dwelling unit that contains no more than four guest rooms for lodging, with or without meals, provided for compensation.

Buildable area means the area of a lot remaining after the minimum yard setback requirements of the Zoning Code have been met (See Section 1151.03(e)).

Building means any structure consisting of foundations, walls, columns, girders, beams, floors, and roof, or a combination of any number of these parts, with or without other parts or appurtenances.

Building, accessory. See "Structure, accessory."

Building, principal/primary. See "Structure, principal/primary."

Building, height. See "Height, building."

Building/lumber yard means any land or buildings used primarily for the storage and sale of basic building materials and lumber that may be sold to the general public or contractors.

Business means the engaging in the purchase, sale, barter or exchange of goods, wares, merchandise or services, the maintenance or operation of offices, or recreational and amusement enterprises for profit.

Carport means a roofed structure attached to the principal structure used for the purpose of providing shelter for one or more passenger vehicles.

Carport, detached means a roofed accessory structure used for the purpose of providing shelter for one or more passenger vehicles.

Casino means the operation or conducting of any games played with cards, roulette wheels, dice, craps, slot machines, video lottery terminals, mechanical, electro-mechanical, or electronic amusement devices or machine for money, property, checks, credit, or any representative of value including, without limiting the generality of the foregoing, baccarat, faro, monte, poker, keno, black jack, bingo, fan-tan, twenty-one, seven-and-a-half, big injun, klondike, chuck-a-luck, wheel of fortune, chemin de fer, pai gow, beat the banker, and panguingui and similar games of chance for the return of money, cash, or prizes, or anything that could be redeemed for money, cash, or prizes.

Cemetery means land used for the burial of the dead and dedicated for cemetery purposes, including columbiums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery.

Certificate of appropriateness means a certificate issued by the Planning Commission stating that a change requested for a building or site in the Commercial Historic (H-1) Overlay District is approved or approved contingent upon compliance with certain conditions.

Certificate of occupancy means a certificate signed by the Zoning Administrator stating that the occupancy and use of land or a building or structure referred to therein complies with the provisions of this Zoning Code.

Church/place of worship means a place solely for the purpose of religious worship and related educational instruction and gatherings.

City. Whenever the word "City" appears in this Zoning Code, it shall be deemed to refer to the City of Wilmington, Ohio, unless otherwise specified.

City Council. Whenever the words "City Council" appear in this Zoning Code, it shall be deemed to refer to the Council of the City of Wilmington, unless otherwise specified.

Clinic means a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

Codified ordinances means the Codified Ordinances of Wilmington, Ohio

Commercial vehicle means trucks, with or without a connected trailer, with a combined gross vehicle weight above 14,000 pounds.

Community garden means a single piece of land that is gardened collectively, as an accessory use, by a group of people that may include individual garden plots designated for individual gardens

Comprehensive plan. Whenever the words "comprehensive plan" appear in this Zoning Code, it shall be deemed to refer to, unless otherwise specified, the 2015 Wilmington Comprehensive Plan entitled "Plan Wilmington: Yesterday, Today, Tomorrow" or as may be subsequently amended or superseded.

Condominium means a form of real property ownership under which each owner has an individual ownership interest in a unit with the right to exclusive possession of that unit and an undivided ownership interest with the other unit owners in the common elements of the condominium property.

Conservation design option (CDO) means an optional type of major subdivision which allows for increased density in exchange for an increase in reserved open space (See Section 1151.03).

Construction dumpster means a container used for the temporary storage of rubbish or materials related to the related construction site or project.

Construction trailer means a mobile home, trailer, or similar temporary structure that is used as an office or for storage in conjunction with a construction project.

Contractor yard means any land or buildings used primarily for the storage of equipment, vehicles, machinery (new or used), building materials, paints, pipe, or electrical components used by the owner or occupant of the premises in the conduct of any building trades or building craft.

Convenience store means small-scale retail stores used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers and magazines. Such use does not include gasoline or automotive fuel sale or fast food service.

Day care center means an establishment for the care, protection, and guidance of one or more children or adults on a regular basis, for periods of less than 24 hours per day, in a place other than their own dwelling unit.

Deck means a platform, either freestanding or attached to a building, that is supported by pillars or posts and which is not enclosed.

Distribution center means a use where goods are received and/or stored for delivery to the ultimate customer at remote locations.

District, overlay. See "Overlay District."

District, zoning. See "Zoning District."

District standards. See "Standards, District."

Drive-through (sometimes stylized as "drive-thru") means a commercial accessory use designed to service customers who stay in their vehicles.

Drive-through facility means an establishment that encourages or permits customers to receive services, or obtain goods while remaining in their motor vehicles.

Drop-off box means a small collection facility where recyclable materials, clothing, or household goods are purchased or accepted from the public. Typical uses include neighborhood recycling stations and thrift store collection trucks.

Dwelling means any building or portion thereof designed or intended to be used exclusively for residence purposes, but not including a mobile home or a non-permanently sited manufactured home on any site outside of a manufactured homes park, nor a tent, cabin, trailer, travel trailer, trailer coach, camper on a truck, or any other type of recreational vehicle.

Dwelling, single-family means a building designed for, or occupied exclusively by, one family.

Dwelling, two-family means a building designed for, or occupied exclusively by, two families.

Dwelling, multi-family means a building or portion thereof designed for or occupied by more than two families.

Dwelling unit means a residential use building or portion thereof containing one or more rooms used, designed, or intended for occupancy as a single household unit, in providing complete permanent facilities per all applicable code requirements for living, sleeping, cooking, eating, bathing, washing, and sanitation.

Educational institution means a public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction, including, but not limited to, kindergartens, elementary schools, junior high schools, and high schools. This definition shall not be deemed to include colleges, trade or business schools, or other post-secondary education facilities.

Educational institution, higher means any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, seminaries, or any other institution providing collegiate level curriculum.

Egress means an exit.

Equipment sales and leasing means any building or land used for the display, sale, or rental of equipment in operable condition, such as farm equipment, utility trailers, and construction equipment.

Electric Charging Station - Level 1 means a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle, which operates on a 15 to 20 amp breaker on a 120 volt AC circuit.

Electric Charging Station - Level 2 means a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle, which operates on a 40 to 100 amp breaker on a 208 or 240 volt AC circuit.

Electric Charging Station - Level 3 means a public or private parking space(s) that is (are) served by battery charging equipment with the purpose of transferring electric energy to a battery or other energy storage device in an electric vehicle. Level 3 electric vehicle charging stations are considered fast or rapid charging and operate on a 60 amp or higher breaker on a 480 volt or higher three phase circuit with special grounding equipment. Level 3 stations can also be referred to as rapid charging stations that are typically characterized by industrial grade electrical outlets that allow for faster recharging of electric vehicles.

Family means a person living alone, or two or more persons customarily living together as a single housekeeping unit and using common cooking facilities as distinguished from a group occupying a hotel, club, boarding or lodging house, motel, sorority house, fraternity house or group home.

Family day care - Type A means a permanent residence of the administrator in which child care or publicly funded child care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child 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. This definition does not include any child day camp.

Family day care - Type B means a permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children who 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. This definition does not include any child day camp.

Fence means an artificially constructed barrier of wood, masonry, stone, wire, metal, or manufactured material or combination of materials erected to enclose, screen, or separate areas.

Fence, open means a fence which is less than 50 percent opaque when viewed perpendicularly to its vertical surface.

Fence, ornamental means an open fence other than a chain link or barbed wire fence intended to decorate, accent, or frame a property or feature of the landscape. Ornamental fences include split rail, picket, wrought iron, and other similar designs.

Fence, picket means a wooden, vinyl, metal, or composite fence made of spaced uprights connected by two or more horizontal rails.

Financial institution means any building, property or activity the principal use or purpose of which is the provision of financial services including, but not limited to, banks, credit unions, financial advisor services, stock brokerages, savings and loan institutions and mortgage companies. The term financial institutions shall not include a short-term loan establishment.

Fire station means a facility where fire engines and other equipment of a fire department are housed.

Flea market means buildings or open areas in which sales areas or stalls are set aside or rented and which are intended for use by two or more individuals or by educational, religious or charitable organizations to sell articles that are homemade, homegrown, handcrafted, old, obsolete or antique.

Footprint, building/structure means the portion of a lot covered by a building or structure at the surface level, measured on a horizontal plane.

Fraternal organization or social club means a building or portion thereof or premises owned or operated by a corporation, association, or group of persons for a social, environmental, or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

Funeral home means any dwelling or establishment used and occupied by a professional licensed mortician for human burial preparation and funeral services.

Gaming machine means any mechanical or electronic device which is designed for individual play or use where the user pays consideration of any kind or nature for use of the machine; and

(1)

The owner of the machine and/or the machine's manufacturer asserts that the machine requires the individual user to employ any degree of skill to win or advance in play; and

(2)

That the machine, its owner, or the business where the machine is situated asserts, promises, holds out, advertises or otherwise relates to the user that upon playing the machine, that he or she will receive a pay-off, winnings or other return equal to or greater than the consideration paid by the user for a single play of the machine, or in total play by a user over multiple plays, or in combinations of play with other machines.

Garage means a building primarily intended for and used for the enclosed storage or shelter of private motor vehicles of the owner or occupant of the principal building.

Garage, detached means a garage that is either: within five feet of the principal structure and not connected by a permanently enclosed porch, walkway, breezeway, or other similar structure; or, more than five feet away from the principal structure, even if connected by a permanently enclosed breezeway, walkway, or other similar structure.

Garden center means a commercial establishment that sells gardening supplies, seeds, plants, fertilizer, gardening tools, and other related items. This definition includes greenhouses, but does not include nurseries.

General industrial service means an establishment primarily engaged in rendering services to office, business, or industrial establishments on a fee or contract basis, such as advertising and mailing; building maintenance; employment services; management and consulting services; protective services; office equipment rental and leasing; commercial research; development and testing; photo finishing; machine repair, and personal supply services.

Glare means light emitted from a luminaire resulting in a spot of intensity great enough to reduce a viewer's ability to see, and in extreme cases such to cause momentary blindness

Government facility means any building or structure or portion thereof, used by a government agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials. This definition does not include fire or police stations.

Greenhouses and nurseries means establishments used for the growing, storage, and sale of legal garden plants, shrubs, trees, or vines for retail or wholesale sales.

Heavy industrial use means the manufacturing of products from raw or unprocessed materials. This category shall also include any establishment or facility using large unscreened outdoor structures or storage that cannot be integrated into the building design. Any industrial use that generates noise, odor, vibration, illumination, or particulate that may be offensive or obnoxious to adjacent land uses, or requires a significant amount of on-site hazardous chemical storage shall be classified under this land use. Examples include but are not limited to the production of the following: large-scale food and beverage operations; lumber, milling, and planing facilities; aggregate, concrete, and asphalt plants; foundries, forge shops, open air welding, and other intensive metal fabrication facilities; and chemical manufacturing.

Height, building means the vertical distance from grade at the front door/entrance to: (1) the highest point of a flat roof; (2) the deck line of a mansard roof; or (3) the mean height between the eaves and ridge on gable, hip, or gambrel roofs.

Home occupation means an accessory use which is an activity, profession, occupation, service, craft or revenue enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit or elsewhere on the premises, without any significant adverse affect upon the surrounding neighborhood.

Home sale means the offering for sale of ten or more items of tangible personal property on any residential lot; examples of home sales include garage sales, porch sales, and yard sales.

Hospital means an institution providing health services primarily for in-patient medical or surgical care of the sick or injured and including related facilities such as laboratories, outpatient departments, training facilities, central service facilities and staff offices which are an integral part of the facility, provided such institution is operated by or treatment is given under direct supervision of a licensed physician. Types of hospitals include general, mental, chronic disease and allied special hospitals such as cardiac, contagious disease, maternity, orthopedic, cancer and the like.

Hotel means a facility offering transit lodging accommodations on a daily or other short term rate to the general public and providing additional services, such as restaurants, meeting rooms and recreational facilities.

Impervious coverage means a district standards category which controls the maximum impervious surface allowed on a given lot; see also "impervious surface".

Impervious surface means an area of ground that development and building have modified in such a way that precipitation cannot infiltrate downward through the soil; examples of impervious surfaces include structural footprints (roofs), paved roads and parking areas, sidewalks, and courtyards.

Ingress means access/entry point or entrance.

Junk yard means any place at which personal property is or may be salvaged for reuse, resale or reduction, or similar disposition, and is owned, possessed, collected, accumulated, dismantled or assorted, including, but not limited to, used or salvaged base metal or metals, their compounds or combinations, used or salvaged rope, bags, paper, rags, glass, rubber, lumber, millwork, brick or similar property, except animal matter, and used motor vehicles, machinery or equipment which is used, owned or possessed for the purpose of wrecking or salvaging parts therefrom. A "junk yard" includes automobile wrecking yards and including any area for storage, keeping or abandonment of junk, including but not limited to junk motor vehicles, but does not include uses established entirely within the enclosed buildings. The presence of two or more inoperative or unlicensed motor vehicles on any premises shall cause said premises to be construed as a junk yard.

Keeping of chickens means the non-commercial raising and caring of female chickens on a residential lot as an accessory use.

Kennel means any property on which four or more dogs or other animals, at least four months of age, are kept.

Landominium. See "condominium"

Landscaping means vegetation, including grass, ground cover, flowers, shrubs, and trees, for the purposes of adornment and soil erosion and sedimentation control of yard or other areas on a site and non-vegetation elements such as logs, rocks, fountains, water features, and contouring of the earth into mounds and depressions.

Library or cultural center means a public or private facility used for display, performance, or enjoyment of heritage, history, or the arts. The use includes, but is not limited to, museums, libraries, art performance venues, cultural centers, and interpretative sites but does not include 'theaters.'

Light industrial use means product assembling or mixing, where previously processed components or manufactured parts produced off-site are fitted together into a machine or blended or blown or extruded to form a non-combustible and non-explosive product. Product packaging includes bottling, canning, packing, wrapping, and boxing of products assembled. The assembling or packaging shall not produce noise, vibration, hazardous waste materials, or particulate that creates significant negative impacts to adjacent land uses. Odors produced on-site shall not negatively affect other businesses or properties in the area. Examples of assembling include but are not limited to the production of the following: clothes; furniture (where wood is milled off-site); pharmaceuticals; hardware; toys; mechanical components; electric or electronic components; small vehicle assembly; and computer software. Examples of packaging include facilities for bottling beverages, canning and wrapping foods, and boxing electronic components.

Light trespass means light which goes beyond the boundary of the site on which the light source is located.

Live sex act business means any business in which one or more persons may view, or may participate in, a live sex act for consideration. A "live sex act" is any act whereby one or more persons engages in a live performance or live conduct which contains oral sexual contact or sexual intercourse. Oral sexual contact means oral contact with the penis, vulva or anus. Sexual intercourse means penetration into the penis, vulva or anus by any part of the body or by any object or manual masturbatory contact with the penis or vulva. Consideration means the payment of money or the exchange of any item of value for: (a) the right to enter the business premises or any portion thereof; or (b) the right to remain on the business premises or any portion thereof; or (c) the right to purchase any item permitting the right to enter, or remain on, the business premises or any portion thereof; or (d) the right to a membership granting the right to enter, or remain on, the business premises or any portion thereof. Live sex act businesses may include, but are not limited to, sexual encounter establishments and sexual encounter centers as they are defined herein.

Lot means a parcel of land of described legal boundary and area, having frontage on a public street/road right-of-way or equivalent.

Lot, non-conforming. See "non-conforming lot."

Lot area means the total horizontal area within the property lines of a lot, exclusive of any area in a public right-of-way or private accessway.

Lot dimensions means a specific set of standards applicable to each zoning district pertaining to lot area, frontage, and width.

Lot frontage means the common boundary line between a private or public lot and adjacent road right-of-way.

Lot width means the distance between the side lot lines measured at the points of intersection with the minimum front yard setback line.

Major subdivision means the division of a parcel of land that requires the approval of a plat by the Planning Commission as authorized by Section 711 of the Ohio Revised Code.

Manufactured home means 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," 88 Stat. 700, 42 U.S.C.A. 5401, 5403, and that has a permanent label or tag affixed to it, as specified in 42 U.S.C.A. 5415, certifying compliance with all applicable federal construction and safety standards.

Manufactured home, permanently-sited means a manufactured home that meets all of the following criteria:

(1)

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

(2)

The structure, excluding any addition, has a width of at least 22 feet at one point, a length of at least 22 feet at one point, and a total living area, excluding garages, porches, or attachments, of at least 900 square feet;

(3)

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

(4)

The structure was manufactured after January 1, 1995; and

(5)

The structure is not located in a manufactured home park as defined by Section 4781.01(D) of the Revised Code.

Manufactured home park means any tract of land upon which three or more manufactured or mobile homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as a part of the facilities of the park. "Manufactured home park" does not include any of the following:

(1)

A tract of land used solely for the storage or display for sale of manufactured or mobile homes or solely as a temporary park-camp as defined in Section 3729.01 of the Revised Code;

(2)

A tract of land that is subdivided and the individual lots are for sale for the purpose of installation of manufactured or mobile homes used for habitation and the roadways are dedicated to the local government authority;

(3)

A tract of land within an area that is subject to local zoning authority and subdivision requirements and is subdivided, and the individual lots are for sale or sold for the purpose of installation of manufactured or mobile homes for habitation.

Marijuana means all parts of the plant cannabis, whether growing or not.

Marijuana cultivation means the planting, growing, or harvesting of marijuana plants, or any part thereof.

Marijuana dispensary means a properly licensed use where marijuana, marijuana-infused products, and/or marijuana concentrates are legally sold and/or distributed.

Marijuana processing means the processing of marijuana by a marijuana processor into usable marijuana, marijuana-infused products, and marijuana concentrates, including the packaging and labeling of usable marijuana, marijuana-infused products, and marijuana concentrates.

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

Micro-brewery means a limited-production brewery, typically producing specialty beers and often selling its products only locally.

Micro-distillery means a small, often boutique-style distillery established to produce beverage grade spirit alcohol in relatively small quantities, usually done in single batches.

Micro-winery means a small wine producer that does not have its own vineyard, and instead sources its grape product from outside suppliers, typically producing small batches of product and often selling its products only locally.

Minor subdivision means a division of a parcel of land that does not involve the approval of a plat by the Planning Commission as authorized by Section 711.131 of the Ohio Revised Code.

Mobile food vending means a motorized or otherwise mobile unit, truck or cart that is readily movable, and from which beverages and/or ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.

Mobile home means 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 in division (C)(4) of section 3781.06 of the Revised Code or as an industrialized unit as defined in division (C)(3) of section 3781.06 of the Revised Code.

Motel means a building or group of buildings containing apartments and/or rooming units, each of which maintains a separate outside entrance. Such building or group of buildings is designed, intended or used primarily for the accommodation of automobile travelers and provides automobile parking conveniently located on the premises.

Moving truck and trailer rental means a commercial establishment which rents out vans, trucks, trailers, and other moving equipment for a fee, to be used on a temporary basis and then returned to the same establishment or to the location of another affiliated establishment.

Non-confomring building. See "non-conforming structure."

Non-conforming means the use or characteristics of any dwelling, building, or structure and of any land or premises that does not meet the current regulations of this Zoning Code.

Non-conforming lot means a lot, the area, dimensions, or location of which was lawful prior to the adoption, revision, or amendment of the Zoning Code which no longer conforms to the zoning standards because of said revision or amendment.

Non-conforming structure means a structure or building, the size, dimensions, or location of which lawfully existed at the time of adoption, revision, or amendment of the Zoning Code which no longer conforms to the zoning standards because of said revision or amendment.

Non-conforming use means a use that lawfully occupied a building or land at the time of adoption, revision, or amendment of the Zoning Code which no longer conforms to the use regulations of the district in which it is located.

Non-conformity. See "non-conforming."

Nursing home means a facility which provides nursing services on a continuing basis; admits the majority of the occupants upon the advice of physicians as ill or infirm persons requiring nursing services; provides for licensed physicians' services or supervision and maintains medical records. Such facilities may also provide other and similar medical or health services. Examples of nursing home facilities that provide health services may include, if they comply with all the above criteria, nursing homes, convalescent homes, maternity homes, rest homes, homes for the aged and the like.

Official zoning map means the graphic depiction of the boundaries of the various Zoning Districts and Zoning Overlays which have been respectively applied in a uniform manner to all parcels of property within the City of Wilmington.

Office means a building or portion of a building wherein services are performed involving predominately administrative, professional and clerical operations.

Open space means all or part of one or more parcels of land, of public or private ownership, existing, improved, and/or set aside, dedicated, designated, or reserved for recreational, resource protection, amenity, and/or buffering use purposes, but not including road/street rights-of-way.

Open space type means a specific category or subcategory of open space for a certain use or purpose.

Open space, active means is an area or areas within the boundaries of a CDO or PUD residential development designed, set aside, and maintained for active use by residents of the development; See Section 1169.05(b) (Active open space).

Open space, common means an area or areas within the boundaries of a CDO or PUD residential development designed, set aside, and maintained for use by residents of the development, to be recorded on separate parcels within the development. Common open space includes both active open space and passive open space; see "open space, active" and "open space, passive."

Open space, environmental means a type of open space designed to be essentially unimproved and set aside, dedicated, designated, or reserved for peaceful aesthetic enjoyment. Environmental open space counts toward required open space and consists of a mandatory natural resource protection area and any other conservation areas, and can be recorded on separate parcels or through conservation easements on private lots; See "natural resource protection area" and "conservation area."

Open space, passive means a type of open space which does not fall into any other open space category; See Section 1169.05(d) (Passive Open Space).

Open space, required means the minimum percentage of a site to be established as open space, following the provisions of Section 1169.02 (Required open space). Required open space is calculated as a percentage of the total gross area of a development site, resulting in a specific amount of acreage to be devoted to open space.

Outdoor dining means areas on sidewalks (public or private), patios, or other unenclosed areas, excluding vehicular use areas) that are designated for outdoor seating where patrons may be served food and beverages for on-site dining.

Outdoor sales or display means an outdoor arrangement of objects, items, products, or other materials, typically not in a fixed position and capable of rearrangement, designed and used for the purpose of advertising or identifying a business, product, or service and is open to the general public that is available for purchase inside the building and/or display area. For the purposes of this Zoning Code, such objects shall not be bulk objects as regulated and defined in "outdoor storage."

Outdoor storage means the outdoor storage of bulk goods, raw materials, or products including seasonal items such as firewood and mulch. Bulk goods or products shall be defined as any products, goods, junk, material, merchandise, or vehicles associated with the principal land use.

Outdoor trash container enclosure means an accessory use of a property where trash or recyclable material containers, or any other type of waste or refuse container is stored and screened from view.

Overlay district means a specific zoning area designation applied over the underlying zoning districts already applicable, on part or all of one or more parcel(s) which modifies and/or expands the zoning regulations.

Owner means a person recorded as the property owner on official records.

Parking location means a district standards category which regulates where parking facilities may be located on a given lot, based on yard location; parking facilities include driveways and parking lots subject to the standards of Title Eleven, Chapter 1171 (Parking and circulation).

Parking lot means a portion of a parcel of land devoted to unenclosed parking spaces.

Parking lots or garages means a structure (e.g. parking garage) or surface level facility providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than two vehicles.

Parking space means an area of a parking lot designated for the parking of a single motor vehicle (see "parking lot" and "parking space, handicapped").

Parking space, handicapped means a parking space sized and maintained with permanent signage and markings for use by the handicapped, in conformance with the requirements of the Americans with Disabilities Act (Public Law 101-336), as amended.

Passive parks, open space, and natural areas means any park or recreational facility where there is no grading of the land, the construction of facilities, lighting, or development of ball fields with the exception that passive parks, recreational facilities, and natural areas may include the development of trails and sidewalks.

Patio, unenclosed means an uncovered, non-enclosed outdoor hard surface area.

Person means any individual, corporation, government agency, government official, business trust, partnership, or two or more persons having a joint interest, or any other legal entity.

Personal service establishment means establishments that are primarily engaged in providing services generally involving the care of the person or person's possessions. Personal services may include, but are not limited to, laundry and dry-cleaning services, barber shops, beauty salons, health and fitness studios, music schools, informational and instructional services, tanning salons, and portrait studios.

Planned unit development (PUD) means a description of a proposed unified development, consisting at a minimum of a map and adopted ordinance setting forth the regulations governing, and the location and phasing of all proposed uses and improvements to be included in the development

Plat means a plat map of a subdivision or a section of a subdivision intended to be filed for record, and shall be classified as a preliminary plat or a final plat.

Police station means the office or headquarters of a local police force.

Porch means a covered but unenclosed projection from the main wall of a building that may or may not use columns or other ground supports for structural purposes.

Portable (storage) container means a portable, weather-resistant receptacle (e.g. PODS™) designed and used for the temporary storage or shipment of materials, household goods, wares or merchandise. The term shall not include containers used for the collection of solid waste by the City.

Principal structure. See "Structure, principal."

Principal use. See "Use, principal."

Public infrastructure means the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by public utilities, county, or other governmental agencies of streets; roads; gas, electrical, steam, fuel or water transmission or distribution systems; collection, supply or disposal systems, including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes; traffic signals; hydrants; and similar accessories and the use of land in connection therewith, for the furnishing of adequate service by such utilities or governmental departments for the public health, safety and general welfare.

Public utility means an infrastructure service providing regional or community-wide service that normally entails the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, and electrical substations that are not defined more specifically elsewhere in this Code and which are not defined as "public infrastructure." Public utilities are: owned or maintained by public utility companies or public agencies; located in public ways or in easements provided for the purpose, or on a customer's premises and not requiring a private right-of-way; and reasonably necessary for the furnishing of adequate water, sewer, gas, electric, communication, or similar services to adjacent customers.

Radio/television antenna means a facility used to produce, operate, or develop radio or television programs for distribution through various telecommunication formats but that does not include on-site towers or satellites.

Recreational facility (indoor) means land or facilities operated as a business and which are open to the general public for a fee including, but not limited to: billiard parlors, skating rinks, indoor swimming pools, bowling alleys, arcades or skill-based amusement machines, tennis courts and other similar businesses. Such facilities may also provide a snack bar, restaurant, retail sales of related sports, health, or fitness items, and other support facilities.

Recreational facility (outdoor) means land or facilities operated as a business and which are open to the general public for a fee including, but not limited to: pay-to-play athletic fields, golf courses, outdoor swimming pools, amusement parks, racetracks (animal racing only) and other similar businesses. Such facilities may also provide a snack bar, restaurant, retail sales of related sports, health or fitness items, and other support facilities.

Recreational vehicle (a.k.a. "RV") means a vehicular portable structure that:

(1)

Is designed for the sole purpose of recreational travel;

(2)

Is not used for the purpose of engaging in business for profit;

(3)

Is not used for the purpose of engaging in intrastate commerce;

(4)

Is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended;

(5)

Is not regulated by the public utilities commission pursuant to ORC Chapters 4919, 4921, or 4923; and,

(6)

Is classed as one of the following, per Ohio Revised Code (ORC) Sec. 4501.01(Q).

a.

Travel trailer is a non-self-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. "Travel Trailer" includes a "tent-type fold-out camping trailer" as defined in Sec. 4517.01 of the Ohio Revised Code, or as may be amended in the future, which means any vehicle intended to be used, when stationary, as a temporary shelter with living and sleeping facilities, and, according to the following listed properties and limitations, has a minimum of 25 percent of the fold-out portion of the top and sidewalls combined that must be constructed of canvas, vinyl, or other fabric, and form an integral part of the shelter, and when folded, the unit must not exceed 15 feet in length (exclusive of bumper and tongue), 60 inches in height (from the point of contact with the ground), eight feet in width, and one ton gross weight at the time of sale.

b.

Motor home is a self-propelled recreational vehicle that is constructed with permanently installed facilities for cold storage, cooking and consuming of food, and for sleeping.

c.

Truck camper is a non-self-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 them to be used as a dwelling.

d.

Fifth-wheel trailer is a vehicle that is of such size and weight as to be movable without a special highway permit, that has a gross trailer area of 400 square feet or less, that is constructed with a raised forward section that allows a bi-level floor plan, and that is designed to be towed by a vehicle equipped with a fifth-wheel hitch ordinarily installed in the bed of a truck.

e.

Park trailer is a vehicle that is commonly known as a park model recreational vehicle, meets the American National Standard Institute standard A119.5 (1988) for park trailers, is built on a single chassis, has a gross trailer area of 400 square feet or less when set up, is designed for seasonal or temporary living quarters, and may be connected to utilities necessary for the operation of installed features and appliances.

Research and development facility means a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental to the main purpose of the laboratory.

Residential means a category of use inclusive of the land and building(s) and other structure(s) located thereon as a place utilized for dwelling purposes as specified and regulated in this Zoning Code.

Residential recreational equipment/facility means recreational equipment for the use of residents of the principal dwelling that includes, but is not limited to, small structures in trees, swings, slides, monkey bars, trampolines, play enclosures, ball courts, and similar facilities.

Restaurant means an establishment whose principal business is the selling of food to the public and beverages to the customer in a ready to consume state, in individual servings.

Restaurant, drive-in means an establishment whose primary business is serving food to the public for consumption on the premises by order from and service to vehicular passengers outside the principal building.

Retail and service uses means establishments primarily engaged in the sale of goods and materials to the general public. Retail uses may include, but are not limited to, bookstores, antique stores, bakeries, grocery stores, and other similar uses. Service uses are primarily engaged in rendering services to businesses including, but not limited to, printers, equipment rental, protective services, mailing, photo finishing, and other similar uses.

Right-of-way means land owned or purchased by or dedicated to the public for use as a public way, most often for purpose of containing a road or street.

Roadside stand means any small structure or land used for the sale of produce by farmers.

Satellite dish means a parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.

Seasonal agricultural sales means a temporary structure or vehicle used in the sale of agricultural products such as fruits, vegetables, and juices where such facilities may sell agricultural products not grown on site. Seasonal sales include the sale of such items as Christmas trees, pumpkins, seasonal produce, and similar agricultural products.

Self-storage facility means a building or group of buildings in a controlled-access and fenced compound that contains varying sizes of individual, compartmentalized, or controlled-access stalls or lockers for the dead storage of a customer's goods or wares.

Setback means the distance which a building or structure is set back inward from the right-of-way line or parcel boundary line.

Setback, front yard means the line inward and parallel from the front line of a lot representing the minimum distance which a principal building or structure is set back from that boundary.

Setback, rear yard means the line inward and parallel from a rear boundary line of a lot representing the minimum distance which a principal or accessory building is set back from that boundary.

Setback, side yard means the line(s) inward and parallel from a side boundary line(s) of a lot representing the minimum distance which a principal or accessory building is set back from that boundary.

Sexual device means any three-dimensional object designed and marketed for stimulation of the male or female human genitals or anus or female breasts or for sadomasochistic use or abuse of oneself or others, including, but not limited to, dildos, vibrators, penis pumps, and physical representations of the human genital organs, but not including devices primarily intended for protection against sexually transmitted diseases or for preventing pregnancy.

Shooting range (indoor) means an indoor establishment which is completely enclosed within a building where patrons are provided with targets for the controlled practice of shooting.

Shooting range (outdoor) means an outdoor area provided with targets for the controlled practice of shooting.

Short-term loan establishment means an establishment providing loans to individuals that charges an annual percentage rate and requires the loan to be paid in full in less than one year. This term does not include a loan offered or made to a person based on the person's anticipated federal income tax refund.

Short term rental, accessory means an accessory use located within an owner-occupied single-family or two-family dwelling unit where a portion thereof is rented out as lodging for overnight paid occupancy.

Short term rental, principal means an entire dwelling unit that is rented out as lodging for overnight paid occupancy; hotels, motels, bed and breakfasts, and other land uses explicitly defined and regulated in this Zoning Code separately from short term rentals are not considered to be short term rentals.

Sign (a.k.a. "signage") means means any structure, or natural object such as a tree, rock, bush, and the ground itself, or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization, or business, or which shall display or include any letter, word, banner, flag, pennant, insignia, device, or representation used as, or which is in the nature of, an announcement.

Sign area. See Section 1173.04(a) (Sign dimensions).

Sign face means The area of display surface used for the message; See Section 1173.04(a) (Sign dimensions).

Sign height. See Section 1173.04(a) (Sign dimensions).

Sign, abandoned means a sign which no longer identifies a bona fide business, lessor, service, owner, product, or activity, time of event passed, and where any of the following applies:

(1)

No legal owner can be found; or,

(2)

The property owner has been given a written order to rehabilitate or demolish, and for which work has not commenced and the owner can not demonstrate a diligent and good faith effort to implement actions; or,

(3)

The property taxes are delinquent and the site is not actively offered for sale, lease, or rent.

Sign, awning or canopy means any sign that is painted on, part of, or attached to an awning, canopy, or other fabric, plastic, or structural protective cover over a door, entrance, window, or outdoor service area.

Sign, billboard means a permanent off-premise sign.

Sign, changeable copy means a sign such as a bulletin board, announcement board, or electronic message sign, where the message or graphics is not permanently affixed to the structure, framing, or background and may be periodically replaced or covered over by electronic or mechanical devices.

Sign, channel lettering means fabricated or formed three-dimensional letter that may accommodate a light source or a sign where only the letters/logo is illuminated.

Sign, reverse channel lettering means a fabricated dimensional letter with opaque face and side walls with an internal light source to the rear of the letters used for "halo" or "silhouette" lighting.

Sign, electronic message means a sign whose alphabetic, pictographic, or symbolic information content can be changed or altered on a fixed display surface composed of electrically illuminated or mechanically driven changeable segments.

Sign, exempt means signs exempted from certain normal requirements; See Section 1173.05 (Exempt Signs).

Sign, gateway means a permanent sign announcing a development or subdivision.

Sign, government means signs erected and maintained pursuant to a government's function, ordinances, or regulation. Government signs include, but are not limited to, signs required or installed by the City, the County, a public utility, a public transit entity, a state or federal statute, or by order of a court of competent jurisdiction.

Sign, ground means a sign, either permanent or temporary, solely supported on and from the ground. This definition excludes portable signs.

Sign, illegal means any sign which is contrary to the requirements of this Code and which does not satisfy the non-conforming specifications in this Code.

Sign, menu board means any signage pertaining to items, goods, or services offered by a business serving a drive-through lane.

Sign, non-conforming means a sign legally existing on the effective date of this Code that does not conform to height, size, type, setback, or other provisions of this Code. For the purposes of this definition the term "sign" shall include the sign face and the structure on which the sign face is attached.

Sign, roof means any sign that is supported on a structure which is located wholly or partly on the roof or above the roof or partly on the roof or above the roof line of any building.

Sign, off-premise means any sign that advertises or otherwise directs attention to an activity not on the same lot where the sign is located

Sign, on-premise means a sign which advertises or directs attention to an activity on the same lot where the sign is located.

Sign, outdoor advertising. See "Sign, billboard."

Sign, permanent means a sign usually constructed of solid materials of a permanent nature known and used in the sign construction industry, that is permitted by this Code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground. All signs that are not temporary signs are permanent signs.

Sign, pole means a permanent sign that is supported from the ground by one or more poles or other types of individual supports, that is eight feet or greater in height; See "ground sign" for signs less than eight feet in height.

Sign, portable means a temporary sign not permanently affixed to the ground, building, or other structure, which may be moved from place to place, including, but not limited to, A-Frame signs, sandwich boards, signs designed to be transported by means of wheels, and other signs which can be easily removed from the ground by hand without the use of tools.

Sign, projecting means a sign attached to a building and extending perpendicular from the building wall.

Sign, promotional balloon means an inflatable sign, which may or may not involve motion to draw attention.

Sign, temporary means a sign that is designed to be used only temporarily and is not permanently, or intended to be permanently, attached to a building, attached to a structure, or installed in the ground. Temporary signs shall conform to the time frame regulations as applicable to specific signage types specified in Chapter 4 (Signage Regulations). All signs that are not temporary signs are permanent signs.

Sign, wall means a permanent sign painted on, attached to, or erected against an exterior wall of a building or other wall structure, with the display face of the sign parallel to the wall and which does not project above the roof line or beyond the corner of a building on which mounted.

Sign, window means a sign, either permanent or temporary, that is applied or attached to a window or door, or a sign located near a window within a building for the purpose of being visible to and read from the outside of the building.

Site plan means a drawing of a property, to scale and with accurate dimensions, depicting the size and location of existing and proposed structures, building setbacks, rights-of-way, easements, walkways, and other such information as required.

Site plan review means the review of a site plan by the Planning Commission for developments involving certain non-residential and multi-family uses, in accordance with the provisions of Section 1135.05 (Site plan review).

Skilled gaming facility means any facility having a significant portion of its function in the use of games of skill, which includes the utilization of "gaming machines" as defined herein.

Solar panel means a structure designed to utilize solar energy as an alternate for, or supplement to, a conventional energy system.

Specified anatomical areas means anatomical areas that include human genitals, pubic region, or buttocks or human female breast below a point immediately above the top of the areola.

Specified sexual activities means real or simulated sexual intercourse, oral copulation, masturbation, or sodomy, or excretory functions as a part of or in connection with any of these activities.

Standard means a rule or measure establishing a level of quality or quantity that must be complied with or satisfied.

Standards, district means standards applicable to a specific zoning district.

Standards, historic preservation means standards and requirements applicable to the Commercial Historic (H-1) Overlay District.

Standards, performance means standards setting criteria or limits relating to nuisance elements that a particular use or process may not exceed.

Standards, site development means standards applicable to planning of development for a site, including but not limited to buffering, landscaping, lighting, open space, parking, and signage.

Standards, use-specific means standards applicable to a particular use in all zoning districts or within only certain zoning districts if specified.

Storage/utility shed means an accessory building, other than a detached garage, that are typically used for storage of items utilized by the residents or occupants of the principal structure.

Structural coverage means a district standards category which controls the amount of a lot covered by structures, including all principal, accessory, and temporary structures which may be on the lot; see also "Footprint, building/structure."

Structure means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground, for purposes as regulated by this Code; all buildings are structures.

Structure, accessory means a subordinate structure detached from but located on the same lot as a principal building, the use of which must be incidental to the principal use.

Structure, principal/primary means a structure in which the primary activities of the lot's principal use are conducted.

Swimming pool, community means a water filled enclosure, permanently or portable, that is designed, used and maintained for swimming or bathing in a community setting at a business property (e.g., a hotel) or as part of a residential development.

Swimming pool, private means a water filled enclosure, permanently or portable, that is designed, used and maintained for swimming or bathing by the residents, tenants, or occupants of the subject property.

Telecommunication co-location means the installation of additional transmission equipment on an existing tower or other permitted support structure.

Telecommunication facility means an FCC permitted wireless telecommunications facility that exists on or after October 31, 1996.

Telecommunication facility (small cell facility) means a wireless facility that meets both of the following requirements:

(1)

Each antenna is located inside an enclosure of not more than six cubic feet in volume or, in the case of an antenna that has exposed elements, the antenna and all of its exposed elements could fit within an enclosure of not more than six cubic feet in volume.

(2)

All other wireless equipment associated with the facility is cumulatively not more than 28 cubic feet in volume. The calculation of equipment volume shall not include electric meters, concealment elements, telecommunications demarcation boxes, grounding equipment, power transfer switches, cut-off switches, and vertical cable runs for the connection of power and other services.

Temporary special events means a temporary use on private property that is not usual or customary for that property and the zoning district in which the subject property is located (e.g., festivals, circuses, and other temporary events).

Temporary storage in a portable container means a portable structure or container that allows for storage of goods or materials, on or off-site and which is not permanently affixed to a foundation (See also "Portable container").

Tents and seasonal covers means any structure used for living or sleeping purposes, sheltering a public gathering, or providing seasonal cover of equipment and vehicles, constructed wholly or in part from canvas, tarpaulin, or other similar materials and shall include, but not be limited to: shelter providing for circuses, carnivals, side shows, vehicles, revival meetings, camp meetings and all similar meetings or exhibitions in temporary structures.

Theater means any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances. Such use may include a lobby area and refreshment stand for the patrons.

Truck stop means a use or establishment used for a business, service, or industry involving the maintenance, serving, storage or repair of commercial vehicles. Such uses may also include areas for a restaurant, lodging and trucking brokerages.

Upper story residential means residential use in a mixed-use building, where residential is permitted on the upper floors, and ground floors are utilized for commercial, office, or other similar uses as permitted in the applicable zoning district

Use means the specific purpose for which land inclusive of the building(s) and other structure(s) thereon and the activities and operations thereof are utilized, designed, arranged, intended, occupied, or maintained.

Use, accessory means a use which is subordinate or incidental to the principal use of the lot.

Use, agricultural means all principal land uses listed under the category "Agricultural Uses" in Section 1141.02 (Table of Principal Uses by Zoning District).

Use, commercial means all principal land uses listed under the category "Commercial Uses" in Section 1141.02 (Table of Principal Uses by Zoning District).

Use, conditional means a use that may be permissible within a certain zoning district, requiring review and approval by the Board of Zoning Appeals (BZA) pursuant to Section 1135.06 (Conditional Use Application).

Use, industrial means all land uses listed under the category "Industrial Uses" in Section 1141.02 (Table of Principal Uses by Zoning District).

Use, non-conforming. See "Non-conforming use."

Use, permitted means a use that is permitted by-right in a respective zoning district, subject to Zoning Permit review by the Zoning Administrator.

Use, principal means the primary or predominant land use activity for which a building, structure, or lot is used.

Use, public or institutional means all principal land uses listed under the category "Public or Institutional Uses" in Section 1141.02 (Table of Principal Uses by Zoning District).

Use, residential means all principal land uses listed under the category "Residential Uses" in Section 1141.02 (Table of Principal Uses by Zoning District).

Use, temporary means a use permitted for a period of time specified per this Zoning Code.

Vacation means the termination of, or termination of interest in, an easement, right-of-way, or public dedication of land.

Variance means a type of application for appeal to the Board of Zoning Appeals (BZA) by which a property owner may be granted relief or release from a dimensional and/or numeric requirement of this Zoning Code.

Veterinary clinic means an establishment where animals are admitted for observation, boarding and/or treatment by one or more licensed veterinarians.

Warehouse means a business establishment primarily engaged in the storage of merchandise, goods, and materials, not including "Self-Storage Facilities."

Wind energy conversion system, small means a WECS consisting of a wind turbine, a tower, and associated control or conversion electronics which has a rated capacity of not more than 60 kilowatts, is intended primarily to produce energy for on-site power consumption and reduce the need to purchase utility power from the grid.

Wholesale business means an establishment for the sale of merchandise to business establishments, institutional uses, or to other wholesalers. Wholesale business uses may also mean acting as an agent or broker in the buying or selling of merchandise; but not selling to the general public.

Yard means an open space on the lot of a principal structure, unoccupied by buildings or structures from the ground to the sky except by trees or shrubbery or as otherwise permitted per this Code (see Section 1151.03(f)).

Yard, front means the yard extending the full width of the lot between the road/street right-of-way line at the front of the lot and the closest point of contact to the principal structure (see Section 1151.03(f)).

Yard, rear means the yard extending the full width of the lot between the closest distance from the rear lot line or rear-most point on a pie-shaped lot and the first point of contact by a principal structure (see Section 1151.03(f)).

Yard, side means the yard extending from the front yard to the rear yard between the closest point of contact by a principal structure and the nearest side lot line (see Section 1151.03(f)).

Zone. See "Zoning district."

Zoning means a police power measure in which the community is divided into districts or zones within which permitted, conditional, and prohibited uses are established as are regulations governing lot size, building bulk, placement, and other development standards

Zoning Administrator means person appointed by the Mayor to administer and enforce the Zoning Code; in the absence of a designated Zoning Administrator, the City Planner, the City Building Inspector, the Code Enforcement Officer, the Director of Public Service, or a combination of these individuals, may fulfill the duties and responsibilities of the Zoning Administrator.

Zoning district means areas comprising the entire incorporated territory of Wilmington, Ohio for which uniform regulations are applied in specifying the permitting provisions, restrictions, and requirements of use of land and structures therein located.

Zoning map, official. See "Official zoning map."

Zoning permit means the official document issued by the Zoning Administrator that certifies the use, development, and/or structures on a lot or parcel meet all permitting requirements of the Zoning Code.

(Ord. No. O-18-68, § 3(Exh. A), 12-20-18; Ord. No. O-22-56, § 11, 12-1-22)