For the purpose of promoting the public health, safety, morals, comfort and general welfare, conserving the values of property, facilitating the provision of water, sewerage, schools and other public requirements, and lessening or avoiding congestion on public streets and highways, and to provide for administration of this Zoning Ordinance and penalties hereof, it is hereby provided as follows.

(Ord. 51-71. Passed 12-13-71.)

   This Zoning Ordinance shall be known and cited as the Zoning Ordinance of 1971.

(Ord. 51-71. Passed 12-13-71.)

   In interpreting and applying the provisions of this Zoning Ordinance, they shall be held to be minimum requirements for the promotion of the public safety, health, convenience, comfort, morals, prosperity and general welfare. It is not intended by this Zoning Ordinance to interfere with or abrogate or annul any ordinance, rules, regulations or permits previously adopted or issued and not in conflict with any of the provisions of this Zoning Ordinance, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises and likewise not in conflict with this Zoning Ordinance; nor is it intended by this Zoning Ordinance to interfere with or abrogate or annul any easements, covenants or other agreements between parties. However, where this Zoning Ordinance imposes a greater restriction upon the use of buildings or premises or upon height of buildings, or requires larger open spaces or larger lot areas than are imposed or required by such other ordinances or agreements, the provisions of this Zoning Ordinance shall control.

(Ord. 51-71. Passed 12-13-71.)

   (a)   No building or structure shall be located, erected, constructed, reconstructed, enlarged or structurally altered except in conformity with the area, height and yard regulations of the district in which such building or structure is located or except as specifically hereinafter provided.

   (b)   No building, structure or lot shall be used for any purpose other than that which is permitted in the district in which such building, structure or lot is located except as specifically hereinafter provided.

   (c)   No yard or other open space existing about any building or structure shall be so reduced in area or dimension as to make it less than the minimum required by this Zoning Ordinance except as specifically hereinafter provided.

   (d)   No lot or acreage held under one ownership at the time of the effective date of this Zoning Ordinance (Ordinance 51-71, passed December 13, 1971) shall be reduced or subdivided in any manner below the minimum area and yard provisions required by this Ordinance except as specifically hereinafter provided.

(Ord. 51-71. Passed 12-13-71.)

   If any title, chapter, section, subsection, paragraph, sentence or phrase of this Zoning Ordinance is for any reason held to be invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Zoning Ordinance.

(Ord. 51-71. Passed 12-13-71.)

   This Zoning Ordinance shall become effective from and after the date of its approval and adoption, as provided by law; and the previous zoning ordinance and amendments, and portions of other ordinances which conflict with this Zoning Ordinance are hereby rescinded.

(Ord. 51-71. Passed 12-13-71.)

   For the purpose of this Zoning Ordinance certain terms and words are defined as follows. Words used in the present tense include the future, and the plural includes the singular, and the singular the plural. The word "shall" is intended to be mandatory; "occupied" or "used" shall be considered as though followed by the words "or intended, arranged or designed to be used or occupied". Except where specifically defined, all words used in this Zoning Ordinance shall carry their customary meanings.

(Ord. 22-87. Passed 5-11-87. )

   "Accessory use or structure" means a use, object or structure constructed or installed on, above or below the surface of a parcel and of a nature customarily incidental and subordinate to the principal use or structure. Among other things, accessory uses or structures include anything attached to or detached from the principal building of a subordinate nature; garages, sheds, walls, fences, billboards, poster panels, poles or parking places, whether located on, above or below the surface of a parcel. If a permit has been issued by Columbus Public Health, the owning, keeping or harboring of 8 or less domestic fowl and erection of a domestic fowl coop shall be considered an accessory use and structure in any "R" District and S-1 District.

(Ord. 29-2024. Passed 9-16-24.)

   "Agriculture" in the Zoning Ordinance, includes farming, pasturage, horticulture, viticulture, animal dairying, poultry husbandry and limited processing of agricultural products from land under one ownership.
(Ord. 22-87. Passed 5-11-87.)

   (a)   "Ancillary retail/service" means a retail or service facility that is clearly incidental and subordinate to the primary use of a structure. Such retail or service facility shall not occupy more than ten percent (10%) of the gross floor area of the structure where located.

   (b)   "Ancillary on-premise dining/waiting area" (nonalcoholic) means a dining or waiting area that is clearly incidental and subordinate to the primary use of the structure and with seating limited to a counter or table(s) in conjunction with carry out food service such as doughnuts, ice cream, sandwich or pizza shop not selling or serving alcoholic beverages.

(Ord. 128-92. Passed 1-11-93.)

   “Animal hospital” means a facility for the care, grooming, diagnosis and medical treatment of animals and those in need of surgical procedures and may include overnight accommodations on premises for treatment, observation and/or recuperation.

(Ord. 74-99. Passed 12-13-99.)

   "Specialized animal raising and care" means the use of land and buildings for the raising and care of fur-bearing animals such as rabbits and domestic pets; and the stabling and care of horses, animal kennels for three or more animals, pigeon raising and raising of any other domestic animals or birds of a similar nature.

(Ord. 74-99. Passed 12-13-99.)

   “Arts and crafts” means an establishment in which the primary function is the sale, display, production and/or instruction of arts or crafts.

(Ord. 02-2001. Passed 2-5-01.)

   (a)   "Automotive sales" means the sale or rental of new or used motor vehicles, mobile homes or trailers.

   (b)   "Automotive services" means the routine light maintenance primarily of the personal vehicles of the general public including the retail sale and supply of motor fuels and lubricants at service stations; the sale and installation of tires, filters and accessories with related mechanical adjustments; and the making of light repairs to vehicles which do not necessitate the dismantling or repair of the vehicle outside of a building. Automotive services may include the retail sale of convenience items and goods not related to the automotive vehicle and its maintenance. Automotive services does not include tire recapping, metal repair, spray-painting or similar types of fabrication which by nature are noxious to occupants of adjacent property or the general public.

   (c)   “Automotive service major” means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. (Ord. 14-96. Passed 4-22-96.)

   "Basement" means a portion of a building, partly underground, but having more than fifty percent (50%) and less than eighty percent (80%) of its floor-to-floor height below the average finished grade of the adjoining ground. A basement shall be considered a half story in determining the maximum number of stories permitted by these regulations.

(Ord. 22-87. Passed 5-11-87. )

   (EDITOR’S NOTE: Former Section 1123.08 was repealed by Ordinance 25-2002, passed July 1, 2002.)

   "Bed and breakfast" means a residence with no more than four guest rooms to accommodate lodgers for compensation and serving breakfast to lodgers only.

(Ord. 45-91. Passed 5-13-91.)

   "Board of Appeals" means the Board of Zoning Appeals of Worthington, Ohio.

(Ord. 22-87. Passed 5-11-87.)

   "Boarding house" means a building other than a hotel where, for compensation and by arrangement, meals or lodging and meals are provided for three or more persons but not exceeding six persons.
(Ord. 22-87. Passed 5-11-87.)

   A facility in which beer, wine or other alcoholic beverages are brewed, fermented, or distilled for distribution and consumption. It may include a tasting room and retail space for products produced on site and for the sale of ancillary products to customers.

(Ord. 38-2015. Passed 10-5-15.)

   (a)   "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or materials.

   (b)   "Front line of building" means the line of that face of the building nearest the front line of the lot. This face includes sun parlors and covered back porches whether enclosed or unenclosed but does not include steps.

   (c)   "Height of building" means the vertical distance from the average established 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.

   (d)    "Principal building" means a building in which is conducted the main or principal use of the lot on which such building is situated. (Ord. 22-87. Passed 5-11-87.)

   "Building Inspector" means the Building Inspector of Worthington, Ohio.

(Ord. 22-87. Passed 5-11-87.)

   "Building setback line" means the depth of required front, side and rear yards measured perpendicular to each respective lot line.

(Ord. 22-87. Passed 5-11-87.)

   (See Commercial: Section 1123.22.)

(Ord. 22-87. Passed 5-11-87.)

   "Business services" means any activity conducted for gain which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes or businesses.
(Ord. 22-87. Passed 5-11-87.)

   "Carport" means an open shelter or storage place for an automobile, attached to or disattached from the principal building, having a roof and with or without enclosed sides, but without a door. (Ord. 22-87. Passed 5-11-87.)

   "Cellar" means a portion of a building partly underground, having eighty percent (80%) or more of its floor-to-floor height below the average finished grade of the adjoining ground. A cellar shall not be considered a story in determining the maximum number of stories permitted by these regulations.

(Ord. 22-87. Passed 5-11-87.)

   "Certificate of Compliance" means the certification by the Building Inspector that the use of land and/or building is in compliance with the provisions of this Zoning Ordinance.

(Ord. 22-87. Passed 5-11-87.)

   "Clinic" means an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.

(Ord. 22-87. Passed 5-11-87.)

   "Club" means a building or portion thereof or premises owned or operated by a corporation, association, person or persons, for a social, educational or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "C-1 Neighborhood Commercial" means retail, personal or repair service establishments which cater to and can be located in close proximity to residential districts without creating undue vehicular congestion, excessive noise, environmental factors or other objectionable influences. (Ord. 83-94. Passed 4-10-95.)

   (b)   "C-2 Community Commercial" means a concentration of a wide variety of retail and service establishments which is centrally located in the community or within the population it serves, provides adequate parking and direct access to major thoroughfares, has limited points of access, is screened or fenced from surrounding residential areas, serves the day-to-day needs of the community and supplies the more durable and permanent needs of the whole community. Community commercial uses include, but need not be limited to: supermarkets, department stores, specialty stores, hardware stores, apparel and shoe stores, jewelry stores, appliance and furniture stores, drug stores, personal and business service outlets and discount markets.

   (c)   "C-3 Institutions and Offices" means nonretail establishments which are of a social, educational, religious, medical, research, charitable or philanthropic nature, including local, regional and national administrative offices in which affairs of a business, professional persons, branch of government or organizations are conducted. Institutions and regional and professional offices include, but need not be limited to: medical centers, fraternal and social organizations, business schools, real estate and insurance offices, legal offices, investment firms and various establishments housing only administrative offices.

   (d)   "C-4 Highway and Automotive Services" means retail service establishments serving the motoring public of the community and the surrounding trade areas. Such businesses do not lend themselves to the design of a unified commercial center and require locations on major thoroughfares and at their intersections. Highway and automotive services include, but need not be limited to: motels, restaurants and personal services.

(Ord. 22-87. Passed 5-11-87.)

   (e)   “C-5 Central Commercial” means retail, service, cultural, and entertainment establishments of a unified, compact commercial core or the existing central commercial district. Permitted commercial uses are not required to have a minimum lot width, lot area, front yard or side yard. Central commercial uses include, but need not be limited to department stores, drugstores, hardware stores, specialty shops, and service establishments. Conditional uses include residential uses.

(Ord. 38-2003. Passed 7-7-03.)

   "Comprehensive Plan" means the long-range development plan for the desirable use of land and development of thoroughfares and public facilities, as adopted by the Municipal Planning Commission. (Ord. 22-87. Passed 5-11-87.)

   "Conditional use" means a use which is listed as such in Section 1147.01 and which may be permitted by the Municipal Planning Commission in the district in question if the conditions and safeguards of Section 1127.03 are met. A conditional use is considered to be a conforming use. (Ord. 22-87. Passed 5-11-87.)

   "Conditional use permit" means the document issued by the Municipal Planning Commission indicating approval of such Commission for a specific conditional use.

(Ord. 22-87. Passed 5-11-87.)

   "Council" means the City Council of Worthington, Ohio.

(Ord. 22-87. Passed 5-11-87.)

   "Planning Commission" means the Municipal Planning Commission of Worthington, Ohio.

(Ord. 22-87. Passed 5-11-87.)

   "Districts, zoning districts" means administrative tracts designating the uses to which land can legally be utilized. Boundaries of the districts are shown on the District Map which is part of this Zoning Ordinance.

(Ord. 22-87. Passed 5-11-87.)

(Ord. 64-2002. Passed 12-16-02.)

   (c)   "Single-family dwelling" means a detached residential dwelling unit other than a mobile home, designed for and occupied by one family or household only.

   (d)   "Two-family dwelling" means a detached residential building containing two dwelling units, designed for occupancy by not more than two families or households.

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

(Ord. 22-87. Passed 5-11-87.)

   “Entertainment facility” means any permanent or temporary building, structure or premises in which or upon which:

      (Ord. 27-99. Passed 4-16-99.)

   (EDITOR’S NOTE: Former Section 1123.311 was repealed by Ordinance 68-2001, passed January 7, 2002.)

   "Essential services" means the erection, construction, alteration or maintenance of facilities by public utilities, either private or public, for transmission or distribution systems of gas, electrical, steam, water, sewage and communications, but not including buildings. This includes collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by such public utilities, for the public health, safety or general welfare.

(Ord. 22-87. Passed 5-11-87.)

   Exceptions may be granted under only those facts, conditions and circumstances which are specifically set forth in this Zoning Ordinance.

(Ord. 22-87. Passed 5-11-87.)

   "Family" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood or marriage, no such family shall contain over five persons, but further provided that domestic servants employed on the premises may be housed on the premises without being counted as a family or families.

(Ord. 22-87. Passed 5-11-87.)

   "Food processing" means the preparation or processing of food products. Examples of activities included are bakeries and dairies.

(Ord. 22-87. Passed 5-11-87.)

   "Frontage", for the purposes of this Zoning Ordinance, means all the property on one side of a street between two intersecting streets (crossing or terminating), measured at the building setback line, or, if the street is dead-ended, then all of the property abutting on one side between an intersecting street and the dead end of the street.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Private garage" means an accessory building designed or used for the storage of motor-driven vehicles owned and used by the occupants of the building to which it is accessory.

   (b)   "Public garage" means a building or portion thereof, other than a private or storage garage, designed or used for equipping, servicing, repairing, hiring, selling or storing motor-driven vehicles.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Gasoline service station" means any structure or land used for the dispensing, sale or offering for sale at retail of any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories. Uses permissible at a gasoline service station do not include major repair work such as motor replacement, body and fender repair or spray painting disabled automobiles. The retail sales of convenience items and goods nonautomotive related may not exceed ten percent (10%) of the gross floor area of a gasoline service station with limited or no outdoor retail storage.

   (b)   “Gasoline/convenience store station” means a gasoline service station in which more than ten percent (10%) of the gross floor area of the building, structure or land used may be devoted to retail sales of nonautomotive convenience items and goods with limited or no outdoor retail storage, in combination with the dispensing, sale or offering for sale at retail automobile fuels, oils and other accessories.

(Ord. 95-94. Passed 10-11-94.)

   "Major highway" means the thoroughfares categorized as freeways, regional or major thoroughfares on the Worthington Comprehensive Plan.

(Ord. 22-87. Passed 5-11-87.)

   "Home occupation" means an occupation conducted in a dwelling unit, provided that:

      (Ord. 22-87. Passed 5-11-87.)

   "Hotel" means a building in which lodging or boarding and lodging are provided and offered to the public for compensation and in which ingress and egress to and from all rooms is made through an inside lobby or office supervised by a person in charge at all hours. As such, it is open to the public in contradistinction to a boarding house, a lodging house or an apartment which are herein separately defined.

(Ord. 22-87. Passed 5-11-87.)

   (b)   “I-2 General Industrial” means any manufacturing, service industries, processing or assembly which by the nature of the materials, equipment and process utilized are not objectionable by reason of odor, radiation, noise, vibration, cinders, gas fumes, dust, smoke, refuse matter or waste, or hazardous substances or other environmental hazard. General industrial uses shall include such uses as: manufacturing and assembly, printing and publishing, research and development facilities, laboratories and clinics, wholesale business, warehousing, food processing and other uses which are determined by the Municipal Planning Commission to be of the same character. (Ord. 14-96. Passed 4-22-96.)

(Ord. 22-87. Passed 5-11-87.)

(Ord. 22-87. Passed 5-11-87.)

   (a)   “Lot” means a portion of a subdivision or other parcel of land intended as a unit for transfer of ownership or for building development.

   (b)   “Percentage of lot coverage” means the ratio of enclosed ground floor area of all buildings to the horizontally projected area of the lot, expressed as a percentage, exclusive of public rights of way.

   (c)   "Lot occupancy" means that in all R-16 and R-10 Districts, not more than one dwelling may be erected on each recorded lot or parcel of land. In all R-6.5 Districts, more than one two-family dwelling may be erected on each recorded lot or parcel of land provided the owner or developer has complied with the provisions of Section 1173.01. In all other zoning districts, no more than one building may be erected on each recorded lot or parcel unless all buildings conform to all other applicable provisions of this Zoning Ordinance.

   (d)   "Lot of record" means any lot which, individually or as a part of a subdivision, has been recorded in the Office of the Recorder of Deeds of the County.

   (e)   "Minimum area of lot" means the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.

   (f)   "Lot width" means the width of a lot at the building setback line measured at right angles to its depth.

(Ord. 22-87. Passed 5-11-87.)

   (See Industrial: Section 1123.42.) (Ord. 22-87. Passed 5-11-87.)

   "Mineral extraction, storage and processing" means any mining, quarrying or processing of limestone, sand and gravel, oil, gas or other mineral resources.

(Ord. 22-87. Passed 5-11-87.)

   "Mobile homes - trailers" means any vehicle or similar portable structure so designed or constructed as to permit occupancy for dwelling or sleeping purposes.

(Ord. 22-87. Passed 5-11-87.)

   "Motor court or motel" means a building or group of buildings used as a place of public accommodation of motorists or travelers. (Ord. 22-87. Passed 5-11-87.)

   "Neighborhood commercial" means retail, personal or repair service establishments which cater to and can be located in close proximity to residential districts. Such establishments shall not employ more than ten persons on the largest work shift nor occupy more than 10,000 square feet of gross floor area.

(Ord. 22-87. Passed 5-11-87.)

   "Nonconforming use" means the use of land or a building, or portion thereof, which does not conform with the use regulations of the district in which it is situated (Chapters 1125 and 1151).

(Ord. 22-87. Passed 5-11-87.)

   “Nursing home” means a facility as regulated by the State for the care and treatment of elderly and/or disabled persons.

(Ord. 46-97. Passed 9-22-97.)

   (a)   "Administrative business office" means the use of building space for services such as the administration of business, law practices, engineering and similar practices, certified public accounting and similar activities as may be determined by the Municipal Planning Commission. "Administrative business office" does not include medical practice and/or clinic, telemarketing, credit collection or similar activities providing mass customer service via technology.

   (b)   "Medical/dental office or clinic" means the use of building space for medical and/or dental and/or veterinary practices including any typical ancillary function as may be determined by the Commission.

   (c)   "Dense-pack-open-plan office" means the use of building space for business operations to provide customer service by arranging five or more employees in work stations smaller than fifty square feet (excluding lobbies, reception, hallways, restrooms, washroom and conference rooms, filing and storage areas). Business functions typically using the dense-pack-open-plan include telemarketing, credit collection department, customer service representation department, polling/mail order reception center and other forms of mass counter service via technology as may be determined by the Commission.

   (d)   "Net usable area" means gross floor area minus space for elevators, other shafts, stairs and mechanical rooms but not excluding circulation and lobbies, restrooms and central loading and storage. (Ord. 75-92. Passed 7-27-92; Ord. 46-97. Passed 9-22-97.)

   "Off-street parking space" means any parking space located wholly off any street, alley or sidewalk, either in an enclosed building or on an open lot and where each parking space has an area of not less than the area provided in Section 1171.01(a)(1), exclusive of access drives or aisles (Sections 1171.01 and 1171.02).

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shop, beauty parlor and similar activities as may be determined by the Municipal Planning Commission.

   (b)   "Personal services, in-plant" means those company-provided enterprises which offer services exclusively to its employees such as barber shops, beauty parlors and similar activities which may be determined by the Municipal Planning Commission.

(Ord. 22-87. Passed 5-11-87.)

   "Plant production" means the production of crops, fruit trees, nursery stock, truck garden products and similar plant materials outside of structures such as greenhouses.

(Ord. 22-87. Passed 5-11-87.)

   "Public service facility" means the erection, building or processing plant construction, alteration, operation or maintenance of a utility or service by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication and public water services.

(Ord. 22-87. Passed 5-11-87.)

   "Public uses" means public (government owned) parks, schools and administrative, recreational, cultural and service buildings, not including public land or buildings, devoted solely to the storage and maintenance of equipment and material or the disposal of refuse.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Noncommercial recreational facilities" means private and semipublic recreational facilities which are not operated for commercial gain, including private country clubs, riding clubs, golf courses and other private noncommercial recreation areas and facilities or recreation centers including private community swimming pools.

   (b)   "Commercial recreational facilities" means recreational facilities open to the public, established and operated for a profit, such as commercial golf courses, golf driving ranges, swimming pools, ice skating rinks and similar commercial enterprises.

   (c)   "Restricted commercial recreational facilities" means boat docks and fishing piers; boat launching, maintenance, repair and fueling facilities; swimming pools; ice and roller skating rinks; concessions for the sale of food, nonalcoholic beverages and boating and fishing supplies and accessories.

(Ord. 22-87. Passed 5-11-87.)

   "Refuse disposal facility" means any structure or area devoted to the storage or processing of garbage or wastes. This shall include sanitary landfills, sewage disposal plants and similar activities. Open dumps are not permitted in any zoning district of the Municipality.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Restaurant" means a place located in a permanent building wherein food and beverages are sold to the general public to be primarily consumed within the building and is the principal business of the place; this meaning excludes drugstores, confectionery stores, lunch stands and gasoline service stations.

   (b)   "In-plant feeding facility" means a company-provided food service operation located within commercial or industrial facilities for the exclusive use of the employees thereof.

(Ord. 22-87. Passed 5-11-87.)

   “Restaurant/specialty goods” means a food or beverage service facility in which more than ten percent (10%) of the gross floor area may be devoted to the retail sale of food products, gifts, utensils or other specialty items.

(Ord. 63-2000. Passed 11-20-00.)

   "Semipublic uses" means churches, Sunday schools, parochial schools, colleges, hospitals and other institutions of an educational, religious, charitable or philanthropic nature. This does not include "social activities" which are separately defined herein.

(Ord. 22-87. Passed 5-11-87.)

   "Sewage disposal system - on site" means a septic tank or treatment installation on an individual lot which utilizes an aerobic bacteriological process for the elimination of solid wastes and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction. (Ord. 22-87. Passed 5-11-87.)

   (a)   “Senior assisted living” means facilities for ambulatory or nonambulatory residents age fifty-five or over (or profoundly disabled persons of any age) personally assisted by staff. The average unit size is smaller than the typical apartment and parking demand for individual residents is limited.

   (b)   “Senior residential” means multi-family facilities with occupancy restricted to age fifty-five and over. Social rooms, limited staff and garages may be included. Unit sizes may vary and be as large as typical apartments.

   (c)   “Senior residential efficiency” means the inclusion of efficiency, one-bedroom units not exceeding 800 square feet each in area, within a senior residential development, and likely resulting in an increased density (total living units per acre). To meet the requirements of this use category, at least twenty percent (20%) of all units in a development must be efficiency units.

(Ord. 46-97. Passed 9-22-97.)

         “Nude Model Studio” shall not include:

   (b)   “Covering” means any opaque clothing or wearing apparel, including pasties, but does not include any substance that can be washed off the skin, such as paint or make-up, or any substance designed to simulate the appearance of the anatomical area beneath it.

   (c)   “Nudity” or “State of Nudity” or “Nude” means exposing to view the genitals, pubic area, vulva, perineum, anus, anal cleft or cleavage, or pubic hair with less than a fully opaque covering; exposing to view any portion of the areola of the female breast with less than a fully opaque covering; exposing to view male genitals in a discernibly turgid state, even if entirely covered by an opaque covering; or exposing to view any device, costume, or covering that gives the appearance of or simulates any of these anatomical areas.

   (d)   “Semi-Nudity” or “Semi-Nude Condition” or “Semi-Nude” means exposing to view with less than a fully opaque covering, any portion of the female breast below the top of the areola or any portion of the buttocks. This definition shall include the entire lower portion of the female breast, but shall not include any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit or other clothing, provided that the areola is not exposed in whole or in part.

   (e)   “Specified Anatomical Areas” means:

   (f)   “Specified Sexual Activities” means any of the following:

         (Ord. 68-2001. Passed 1-7-02.)

   (EDITOR’S NOTE: Former Section 1123.65 was repealed by Ordinance 25-2002, passed July 1, 2002.)

   (EDITOR’S NOTE: Former Section 1123.66 was repealed by Ordinance 25-2002, passed July 1, 2002.)

   "Social activities" means any building and land used for private or semiprivate club activities, including lodges, fraternities and similar activities.

(Ord. 22-87. Passed 5-11-87.)

   "Story" means 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 roof next above it.

(Ord. 22-87. Passed 5-11-87.)

   “Right-of-way line” means the boundary line of an area dedicated or otherwise acquired for street purposes.

   “Structure” means anything constructed or erected, the use of which requires permanent location on the ground, or attached to something having a permanent location on the ground, including, but without limiting the generality of the foregoing to signs, buildings and backstops for sports, walls or fences.

(Ord. 25-2002. Passed 7-1-02.)

   "Structural alterations" means any change which would tend to prolong the life of a supporting member of a structure such as bearing walls, columns, beams or girders.

(Ord. 22-87. Passed 5-11-87.)

   "Temporary use permit" means the document issued by the Building Inspector authorizing the temporary use of buildings or trailers in conjunction with construction work. Also the document issued by the Board of Appeals authorizing the temporary use of buildings or structures not in conjunction with construction work.

(Ord. 22-87. Passed 5-11-87.)

   (a)   "Small utility trailer" means any trailer drawn by a passenger automobile used for the occasional transport of personal effects.

   (b)   "Mobile home trailer" (See mobile homes - trailers: Section 1123.51.)

(Ord. 22-87. Passed 5-11-87.)

   “Unit storage facility” means a facility comprised of a building or buildings housing enclosed multiple storage units primarily for rental to the general public. Storage shall be limited to enclosed areas. A unit storage facility differs from a warehouse in that the average size of the individual leased area is less than 500 square feet. A unit storage facility would not include the following on-site activities:

   (a)   Repair and maintenance of machinery and equipment;

   (b)   Product assembly;

   (c)   Personal or business service.

      (Ord. 17-99. Passed 4-12-99.)

   "Variance" means a relaxation of requirements where such variation shall not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of actions of the applicant, a literal enforcement of this Zoning Ordinance would result in practical difficulties in the development of the property.
(Ord. 22-87. Passed 5-11-87.)

   “Veterinary care center” means an acoustically controlled facility directly managed by a veterinarian for the care, schooling, grooming or treatment of healthy, group-socialized cats and/or dogs. “Acoustically controlled” shall mean that the decibel level of sound emitted from animals in this facility shall not exceed forty-five decibels at any time when measured at the property line. A veterinary care center shall be limited to 4,000 square feet and forty boarding animals maximum and may include indoor runs for overnight boarding of group-socialized animals, so long as the space devoted to such overnight boarding occupies less than fifty percent (50%) of the net usable area of the facility. Outdoor exercise yards and the storage of vehicles for animal transport are prohibited. Ancillary sale of pet care products including food shall not occupy more than ten percent (10%) of the gross floor area of the structure.

(Ord. 74-99. Passed 12-13-99.)

   "Dog and cat care center" means an acoustically controlled facility for the care, schooling, or grooming of healthy, group-socialized cats and/or dogs. "Acoustically controlled" shall mean that the decibel level of sound emitted from animals in this facility shall not exceed forty-five decibels at any time when measured at the property line. A dog and cat care center shall be limited to 4,000 square feet and forty boarding animals maximum, and may include indoor runs for overnight boarding of group-socialized animals, so long as the space devoted to such overnight boarding occupies less than fifty percent (50%) of the net usable area of the facility. Outdoor exercise yards and the storage of vehicles for animal transport are prohibited. Ancillary sale of pet care products including food shall not occupy more than ten percent (10%) of the gross floor area of the structure. (Ord. 51-2018. Passed 11-19-18.)

   (a)   "Yard" means an open space between a building and the adjoining lot lines unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein. In measuring for the purpose of determining the width of a side yard, the depth of a front yard or the depth of a rear yard, the minimum horizontal distance between the lot line and the main building shall be used.

   (b)   "Front yard" means a yard extending across the front of a lot between the side lot lines and being the minimum horizontal distance between the street right of way and the main building or any projection thereof, other than the projections of the usual uncovered steps or uncovered porch located within two feet of grade level.

   (c)   "Rear yard" means a yard extending across the rear of a lot and being the required minimum horizontal distance between the rear lot line and the rear of the main building or any projection thereof, other than the projections of uncovered steps.

   (d)   "Side yard" means a yard between the main building and the side line of the lot and extending from the required front yard to the required rear yard, and being the minimum horizontal distance between a side lot line and that part of a building nearest to the side lot line.

(Ord. 22-87. Passed 5-11-87.)

   "Zoning District Map" means the Zoning District Map or maps of the City, together with all amendments subsequently adopted by Council ordinance. (Ord. 22-87. Passed 5-11-87.)

   "Zoning Ordinance" means Ordinance No. 51-71, passed December 13, 1971, as amended, which comprises Titles Three through Seven of this Part Eleven Planning and Zoning Code.

(Ord. 22-87. Passed 5-11-87.)

   (a)   It shall be the duty of the Building Inspector, who shall be appointed by the City Manager, or another person designated by the City Manager, to enforce this Zoning Ordinance. It shall also be the duty of all officials and employees of the Municipality to assist the Building Inspector or person designated by the City Manager by reporting to him on all new construction, reconstruction or land uses where seeming violations exist. All departments, officials and public employees of the City vested with the duty or authority to issue permits or licenses, shall conform to the provisions of this Zoning Ordinance and shall issue no permit or license for any use, building or purpose in conflict with the provisions of this Zoning Ordinance. Any permit or license issued in conflict with the provisions of this Zoning Ordinance shall be null and void.

   (b)   As provided in Chapter 1129, an appeal from the decision of the Building Inspector or the person designated by the City Manager, may be made to the Board of Zoning Appeals.

(Ord. 22-87. Passed 5-11-87.)

   (a)   A Certificate of Compliance shall be required for any of the following:

      (1)   Any occupancy and use of a building hereinafter erected or structurally altered;

      (2)   Any occupancy and use of vacant land;

      (3)   Any change in the use of a nonconforming use;

      (4)   Any change in the use of land to a use of a different district classification;

      (5)   Any nonconforming use existing on or after the effective date of this Zoning Ordinance; and,

      (6)   Any change in use of an existing building to a use of a different district classification.

   No occupancy, use or change of use shall take place until a Certificate of Compliance therefor shall have been issued by the Building Inspector or a person designated by the City Manager.

   (b)   The Building Inspector or the person designated by the City Manager shall not issue a Certificate of Compliance for any application requiring prior review by the Municipal Planning Commission or Council until such review has been finally concluded.

 

   (c)   Written application for a Certificate of Compliance for a new building or for the alteration of an existing building shall be made within ten days after the completion of such construction or alteration. Such Certificate shall be issued by the Building Inspector or a person designated by the City Manager within ten days after the filing of such application. Issuance of the Certificate of Compliance for the erection or alteration of such building or part thereof shall be dependent upon the completion of such erection or alteration in conformity with the building and zoning laws of this City.

   (d)   Written application for a Certificate of Compliance for the use of vacant land, for a change in the use of land or of a building for a nonconforming use, or for a change in a nonconforming use, as herein provided, shall be made to the Building Inspector, or a person designated by the City Manager; if the proposed use is in conformity with the provisions of this Zoning Ordinance, the Certificate of Compliance shall be issued within ten days after the application for the same has been made.

   (e)   A fee of fifty dollars ($50.00) shall accompany each application for a Certificate of Compliance for commercial, industrial or apartment structures or use of land. A fee of twenty-five dollars ($25.00) shall accompany all other applications for a Certificate of Compliance.

   (f)   A record of all Certificates of Compliance shall be kept on file in the Worthington City offices, and copies shall be furnished on request and with the payment of a copying fee of one dollar ($1.00) for each copy to any person having proprietary or tenancy interest in the building or land affected. (Ord. 16-2019. Passed 5-6-19.)

   A Certificate of Nonconformance shall be required for all nonconforming uses of land or building created by adoption of this Zoning Ordinance. Application for a Certificate of Nonconformance shall be filed with the Building Inspector or person designated by the City Manager by the owner or lessee of the building or land occupied by such nonconforming use within one year of the effective date of this Zoning Ordinance. It shall be the duty of the Building Inspector, or person designated by the City Manager, to issue a Certificate for a lawful nonconforming use, but failure to apply for such Certificate for a nonconforming use or refusal of the Building Inspector, or person designated by the City Manager to issue a Certificate for such nonconforming use shall be evidence that such nonconforming use was either illegal or did not lawfully exist at the effective date of this Zoning Ordinance. No charge shall be made for issuing a Certificate of Nonconformance in accordance with this chapter.

(Ord. 22-87. Passed 5-11-87.)

(Ord. 25-2002. Passed 7-1-02.)

(Ord. 22-87. Passed 5-11-87.)

   (b)   Organization, Rules and Hearings. The Municipal Planning Commission shall organize annually and elect a Chairman, Vice Chairman and Secretary who may, within budgetary limitations, retain the services of a recording secretary. The Commission shall adopt from time to time such rules and regulations as it may deem necessary to carry into effect the provisions of this Zoning Ordinance. The Commission shall hear any owner of property with a substantial interest in any matter before the Commission. The Chairman and all other voting members of the Commission shall vote on any and all matters before the Commission. Motions on all applications before the Commission shall be made in the affirmative. For a motion to be approved and a request granted, for all applications except those filed in compliance with Chapter 1177 of the Codified Ordinances, an affirmative vote of three members of the Commission shall be required.

(Ord. 25-96. Passed 4-22-96.)

(Ord. 51-71. Passed 12-13-71.)

   The Municipal Planning Commission shall have the following powers and it shall be its duty to:

(Ord. 09-2013. Passed 4-15-13.)

         (Ord. 83-94. Passed 4-10-95.)

            (Ord. 37-90. Passed 5-29-90.)

         (Ord. 37-90. Passed 5-29-90.)

(Ord. 22-87. Passed 5-11-87.)

   All of its actions shall be taken by resolution, the vote of each member being recorded. A majority of the five members of the Board shall constitute a quorum and when only three members are present the unanimous vote of all three shall be required to take any action under or interpretation of the Zoning Ordinance by any administrative officer of the Municipality.

(Ord. 25-96. Passed 4-22-96.)

(Ord. 51-71. Passed 12-13-71.)

   (a)   The Board of Zoning Appeals shall decide all applications and appeals within ten days after the final hearing thereon.
(Ord. 22-87. Passed 5-11-87.)

   (b)   The appellant shall be notified in writing of the Board's decision. Such notice shall be transmitted by the Director of Planning and Building. The decision of the Board shall be binding upon the Chief Building Inspector or designated person.

(Ord. 09-2013. Passed 4-15-13.)

   (c)   The Board may reverse or affirm, wholly or partly, or may modify the order, requirements, decisions or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises; and to that end, shall have only those powers of the municipal official from whom the appeal was taken. Any person adversely affected by a decision of the Board may appeal to the Clerk of Franklin County Court of Common Pleas.

(Ord. 22-87. Passed 5-11-87.)