(a) Intent. All provisions, terms, phrases and expressions contained in this code shall be construed according to this code’s stated purpose and intent.
(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 to be exhaustive lists of all possibilities.
(c) Computation of time. Unless the terms of a specific provision state otherwise (e.g., some provisions specify “business days”), periods of time defined by a number of days shall mean a number of consecutive calendar days, including all weekend days, holidays and other non-business/working days; however, if the last day is a Saturday, Sunday or legal holiday, that day shall be excluded.
(d) References to other regulations, publications and documents. Whenever reference is made to an ordinance, resolution, statute, regulation or document, that reference shall be construed as referring to the most recent edition of such regulation (as amended), resolution, statute or document or to the relevant successor document, unless otherwise expressly stated.
(e) Public officials and agencies. All public officials, bodies and agencies to which references are made are those of the city, unless otherwise expressly stated and may include a designee of said public official, body or agency.
(f) Technical words. Technical words and phrases not otherwise defined in this 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 related to specific chapters and sections. Some terms have a specific definition related to a set chapter or section in this code but could otherwise be misinterpreted as a common term and definition defined elsewhere in this code. Where such terms exist, a parenthetical reference is included following the term and shall relate to the sections identified in Table 1246-1 below. Such terms may also relate to other definitions in this chapter.
Table 1246-1: Parenthetical References to Specific Chapters and Sections | |
Parenthetical Reference | Related Chapter or Section |
(Wireless Telecommunications) | See § 1216.06(j) |
(Historic Preservation) | See § 1214.07, 1214.08, and 1228.05 |
(Adult Entertainment Business) | See § 1216.06(l) |
(Renewable Energy) | See Chapter 1240: Renewable Energy Systems |
(m) Other terms not defined. Words and phrases not otherwise defined in this code shall be construed according to the common and approved usage of American English. For the interpretation of uses, the Code Administrator may utilize outside sources including, but not limited to, common dictionaries and planning and zoning related sources from the American Planning Association (APA) and Urban Land Institute (ULI).
(Ord. 21-161, passed 12-13-2021)
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ABUT, ADJOIN or ADJACENT. The land, lot or property adjoining the property in question along a lot line or separated only by an alley, easement or street.
ACCESS. Any driveway or other point of entry and/or exit onto or from a street, road or thoroughfare, which connects to the general street system.
ACCESSIBILITY RAMPS. Permanent or portable ramps utilized to provide a disabled person with accessibility to a structure.
ACTIVE RECREATIONAL FACILITIES. Any park or recreational facility that is owned, managed or operated by the City of Avon Lake, a local township, Lorain County, the State of Ohio or a non-profit agency. Such park or recreational facility requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf courses and other similar outdoor facilities. Such uses may include accessory retail uses that are customarily incidental recreational uses including, but not limited to, souvenir or concession stands. Such uses shall include the general use of the land as well as any activities or programming of the land or structures that are a part of the active recreational facility use.
ADMINISTRATIVE, BUSINESS OR PROFESSIONAL OFFICES. A building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations which carries on no retail trade and maintains no stock of goods for sale.
ADULT ARCADE. Any place to which the public is permitted or invited wherein coin-operated or 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 where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities or specified anatomical areas.
ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE.
(1) A commercial establishment which, as one of its purposes, offers for sale or rental for any form of consideration any one or more of the following:
A. Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides or other visual representations, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; or
B. Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”.
(2) A commercial establishment may have other principal business purposes that do not involve the offering for sale or rental of material depicting or describing “specified sexual activities” or “specified anatomical areas” and still be categorized as an adult bookstore, adult novelty store or adult video store. Such other business purposes will not serve to exempt such commercial establishments from being categorized as an ADULT BOOKSTORE, ADULT NOVELTY STORE or ADULT VIDEO STORE so long as one of its principal business purposes is the offering for sale or rental for consideration the specified materials which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.” For the purposes of this code any retail establishment which devotes at least 20% of the total linear feet available for the display of items or materials for sale or rental to the display of items or material for sale or rental which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas” shall be categorized as an adult bookstore, adult novelty store or adult video store.
ADULT CABARET. A nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity or semi-nudity;
(2) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT ENTERTAINMENT BUSINESS. An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio or sexual encounter center.
ADULT ENTERTAINMENT BUSINESSES. Adult entertainment businesses shall include any use identified in § 1216.06(l)(2) that relates to sexually-oriented businesses or activities including, but not limited to, adult arcades, adult bookstores, adult novelty stores, adult video stores, adult cabarets, adult motion picture theaters, adult theaters and the like.
ADULT MOTION PICTURE THEATER. A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown, or show various electronic media, such as the Internet, are made available for the showing of materials, which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas.”
ADULT THEATER. A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity, or live performances which are characterized by the exposure of “specified anatomical areas” or “specified sexual activities”.
AGRICULTURAL.
(1) Any use of land for the growing and harvesting of legal agricultural crops and trees for commercial agricultural purposes. Agricultural uses include, 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.
(2) Any 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 the products; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities.
(3) For the purposes of this code, this use shall also include commercial stables and riding academies defined as the use of a building for animals to lodge and feed in, especially having stalls for horses. Such building may also be used for educational instruction in the care or riding of horses.
(4) Buildings occupied as residences by persons engaged in agricultural operations shall not be considered to be used for agricultural purposes.
AIR-ACTIVATED GRAPHIC. A sign, all or any part of, which is designed to be moved by action of forced air so as to make the sign appear to be animated or otherwise have motion. See also the definition for SIGN, BALLOON.
ALLEY. A minor, service roadway providing a secondary means of public access to abutting property and not intended for general traffic circulation, but is not a public or private street as defined by this code.
ALTERATION.
(1) Any change, addition or modification in construction, any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as “altered” or “reconstructed”; any act or process that changes one or more of the exterior architectural features of a structure, including, but not limited to, the erection, construction, reconstruction or removal of any structure.
(2) Any change of copy, sign face, color, size, height, shape, illumination, position, location, construction or supporting structure of any sign.
ALTERATION (HISTORIC PRESERVATION). Any material or visual change other than normal maintenance and repair to the exterior of any structure located within an historic district or to any historic property or to the publicly accessible interior of any listed property which was listed in whole or in part because of the interior’s historic or architectural significance.
ALTERATION, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams or girders.
AMATEUR RADIO TOWERS AND ANTENNAS. A system of cables, electrical conductors, insulators, metallic or non-metallic tubing, poles, reflecting discs, rods, wires, or similar objects used for transmission or reception of radio signals or electromagnetic waves for amateur radio service.
ANIMAL BOARDING, TRAINING OR DAYCARE FACILITIES. Any building, structure or land, or combination thereof, used, designed or arranged for the boarding, training, breeding, or care of domestic animals or pets, for profit, but exclusive of animals used for agricultural purposes. Such facilities include any lot or premises on which more than five dogs or cats (four months old or older), or combination thereof, are cared for as a commercial operation. Such use shall not include overnight boarding related to animal hospitals/clinics.
ANIMAL HOSPITAL/CLINICS AND ANIMAL GROOMING. A building where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment, including overnight stays. Such uses shall not have any outdoor facilities for the boarding or keeping of animals. Such use may include facilities for animal grooming.
ANTENNA. Any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of electromagnetic waves when such system is either external to or attached to the exterior of a structure.
ANTENNA, BUILDING MOUNTED. Any antenna, other than one with its supports resting on the ground, directly attached or affixed to a building, tank, tower, building-mounted mast or similar structure used for providing telecommunications services, other than towers or antennas as defined by this code.
ANTENNA, DIRECTIONAL. A device which transmits and/or receives radio frequency signals in a directional pattern of less than 360 degrees. May also be known as a PANEL ANTENNA.
ANTENNA, GROUND MOUNTED. Any antenna with its base, single or multiple posts, placed directly on the ground.
ANTENNA, OMNI-DIRECTIONAL. Any antenna which transmits and/or receives radio frequency signals in a 360-degree radial pattern.
ANTENNA, PARABOLIC. A device which incorporates a reflective surface that is solid, open mesh or bar configured that is a shallow dish, cone, horn, or bowl or saucer-shaped, and is used to transmit and/or receive electromagnetic or radio frequency communication signals in a specific directional pattern. This may also may be known as a SATELLITE DISH ANTENNA.
ANTENNA, PORTABLE. Any device used to transmit and/or receive electromagnetic or radio frequency communications signals in a specific pattern, located on a portable or moveable base, to be placed for either temporary or long-term use at a given site.
ANTENNA, WIRELESS TELECOMMUNICATIONS. Any antenna system designed to transmit and/or receive communications as authorized by Federal Communications Commission (FCC), including amateur radio operators’ antennas.
APPEAL. A review procedure by which a person may call into question an administrative decision made in accordance with this code. See § 1214.11: Appeals.
APPLICANT. Unless otherwise specified, an owner of a property or an agent for the owner, including, a subdivider, developer, attorney or similar representative, who has filed an application for development review pursuant to Chapter 1214: Review Procedures.
APPLICATION. The process by which the applicant submits a request for any type of development review or approval identified in Chapter 1214: Review Procedures. APPLICATIONS include all written documentation, verbal statements and representations, in whatever forms and quantities as required by the city.
ARCHITECTURAL DETAILING. Unique details and components, such as decorative moldings or architectural ornamentation, which define the nature and quality of the building.
ARCHITECTURAL FEATURE. A prominent or significant part or element of a building, structure or site.
ASSEMBLY HALLS or CONFERENCE CENTERS. Facilities or buildings 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.
AUTOMOBILE, MOTORCYCLE, RECREATIONAL VEHICLE SALES AND LEASING. Any building or land where new or used passenger cars, pick-up trucks, motorcycles, boats, trailers and other recreational vehicles, in operational condition, are sold or leased to customers.
AUTOMOTIVE REPAIR AND SERVICE (MAJOR). Any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair). This use type may also include towing services that provide towing or conveyance of a wrecked, inoperable, disabled or illegally parked motor vehicle but shall not include storage of such vehicles on site.
AUTOMOTIVE REPAIR AND SERVICE (MINOR). Any structure or premises used for the sale of vehicle parts and fluids, excluding fuel sales, including lubrication of motor vehicles and replacements or installation of minor parts and accessories, but not including major repair work such as motor replacement, body and fender repair, or spray painting. Such uses shall also include establishments that sell parts or tires for vehicles as a retail establishment, regardless if the parts are installed on-site. See also AUTOMOTIVE REPAIR AND SERVICE (MAJOR).
AVON LAKE HISTORICAL PRESERVATION COMMISSION. The commission established under the provisions of the enabling legislation.
AWNING. A shelter projecting from and supported by the exterior wall of a building constructed of non-rigid materials on a supporting framework. See also definition of CANOPY.
Figure 1246-A: Examples of traditional awnings
BASEMENT or CELLAR. That portion of a building located partly or fully underground but having at least one-half of its clear floor-to-ceiling height below the average grade of the adjoining ground.
BASKETBALL HOOPS. Small accessory basketball hoops, not related to a “tennis or other recreational court” either mounted to a wall or freestanding, by which occupants of the principal use can play basketball.
BED AND BREAKFAST ESTABLISHMENTS. Any place of lodging that provides four or fewer rooms for rent on a temporary basis, is the owner’s personal residence, is occupied by the owner at the time of rental, and where meals may be served to guests.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the BERM.
BIKE AND SKATEBOARD RAMPS. An accessory structure utilized for recreational purposes related to bicycle and skateboard use.
BLOCK. The property lying between the two nearest intersecting streets, crossing or terminating, or between the nearest such street and a railroad right-of-way, unsubdivided acreage, a river or live stream, or between any of the foregoing and any other barrier to the continuity of development or the corporate lines of the city.
Figure 1246-B: Illustration of block
BLOCK FACE. All lots that have frontage on the same street as the subject lot between an intersecting street or other boundary.
Figure 1246-C: Illustration of block face
BOAT RENTAL AND CHARTER. A business establishment that rents or charters boats, jet skis, kayaks, canoes or other similar watercraft for short-term use.
BUFFER. A combination of landscaped space and/or structures designed to provide separation between different uses.
BUFFER or BUFFER YARD. An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied in its entirety by any building structure, paving (with limited exceptions) or portion of such land use, for the purposes of separating, screening, and softening the effects of the land use. A BUFFER may include a wall, fence or berm as provided in accordance with the provisions of Chapter 1232: Landscaping and Screening Standards.
BUILDING. Any structure, of more or less permanent construction, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals, or property. When separated by party walls, each portion of such building shall be considered a separate structure.
BUILDING, ACCESSORY. A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and that is constructed subsequent to the principal building or main use of the land.
BUILDING CODE. Part Fourteen of these City of Avon Lake code of ordinances.
BUILDING, LEGALLY NONCONFORMING. A building or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and that does not conform to the provisions of the code in the district in which it is located.
BUILDING LINES. The lines along the interior side of required front, rear and side yards setbacks.
BUILDING, MIXED-USE. A building that contains a mixture of both residential uses and nonresidential uses.
BUILDING PERMIT. A permit issued to commence construction or use of land as permitted by this code and issued in accordance with the Avon Lake Code of Ordinances.
BUILDING, PRINCIPAL OR MAIN. A building occupied by the main use of the lot on which said building is located.
BUILDING UNIT. Any building subdivided into separate units or spaces, any interior space occupying any portion of the ground floor of any building, and having its own exterior entrance, and separated from other such spaces by a party wall or walls.
CALIPER. The American Association of Nurserymen standard for trunk measurement of nursery stock. CALIPER of the trunk shall be taken six inches above the ground up to and including four-inch caliper size, and 12 inches above the ground for a caliper size greater than four inches.
CAMOUFLAGE. The art and science of concealing wireless telecommunications antennas and towers by means of mimicking other objects; to disguise with colors, foliage and the like, including the placement of such devices.
CANOPY. A permanent structure made of cloth, metal or other material attached or unattached to a building for the purpose of providing shelter to patrons or automobiles, or as a decorative feature on a building wall. A canopy is not a completely enclosed structure but typically is supported by features other than the building facade (e.g., structural legs, building extensions and the like). See also the definition of AWNING.
Figure 1246-D: Example of a canopy and related sign
CELLULAR. Wireless transmission technology which uses a grid of antennas (cell sites) to send and receive signals from mobile telephones. The antennas “hand-off” signals as the user travels between cell sites, enabling the same frequency, or channel, to be used by many callers simultaneously.
CELLULAR TELECOMMUNICATIONS SERVICE. Personal communicating accessed by means of cellular equipment and services.
CEMETERIES. Land used for the burial of the human dead and dedicated for cemetery purposes, including columbariums, crematories, mausoleums and mortuaries when operated in conjunction with and within the boundary of such cemetery. This definition shall not be construed to include the burial of animals or pets.
CERTIFICATE OF APPROPRIATENESS (COA). A certificate issued by the Avon Lake Historical Preservation Commission indicating that a proposed change, alteration, construction or demolition of a designated historic building or structure or within a designated historic site or district is in accordance with the provisions of this code.
CHANGE. Any alteration, addition, demolition, removal or construction involving any property subject to the provisions of this code.
CHANGE (HISTORIC PRESERVATION). Any alteration, demolition, removal or construction involving any building, structure or property subject to the provisions of this code. This change shall not be related to ordinary maintenance or repair of any property provided that such work involves no change in material, design, texture, color or outer appearance of such property.
CHANNEL. A natural stream that conveys water; a ditch or channel excavated for the flow of water.
CITY. The City of Avon Lake, Ohio in Lorain County, Ohio.
CITY COUNCIL. The City Council of the City of Avon Lake, Ohio
COA. Certificate of appropriateness.
CODE ADMINISTRATOR. The Code Administrator of the City of Avon Lake, Ohio. The individual designated to administer and enforce this code, unless otherwise stated.
CODE OF ORDINANCES. The City of Avon Lake, Ohio, Code of Ordinances.
CODE TEXT OR MAP AMENDMENT. An amendment or change to the text of this code or to the zoning map as reviewed and decided upon by the City Council in accordance with § 1214.02: Code Text and Map Amendments.
COLLOCATION. The use of a wireless telecommunications facility, comprising a single wireless telecommunications tower, building or other structure permanently affixed to real property, supporting two or more antennas, disks, pods or other similar devices used for telecommunications by more than one telecommunications provider, whether public or private. COLLOCATION shall apply to such devices whether readily discernible to the naked eye or camouflaged (see definition).
COMMERCIAL AND BUSINESS SUPPORT SERVICES. A profit-making activity which renders services to other commercial or industrial businesses such as, but not limited to, courier services, information technology consultants and internet providers.
COMMERCIAL MESSAGE OR SPEECH. Any sign, wording, logo or other representation that, directly or indirectly, names, advertises or calls attention to a business, product, service or other commercial activity.
COMMERCIAL RECREATIONAL FACILITIES (INDOORS). A facility for any indoor profit-making activity which is providing participatory and/or spectator activities, such as, but not limited to, motion picture theaters, live performances, bowling alleys, commercial recreation, video game rooms, billiard halls, indoor skating rinks, bingo parlors and similar entertainment activities. COMMERCIAL RECREATIONAL FACILITIES shall not include adult entertainment businesses.
COMMERCIAL RECREATIONAL FACILITIES (OUTDOORS). Land or facilities for any profit-making activity which is providing outdoor participatory and/or spectator activities such as, but not limited to, privately managed or owned parks, amusement park, water parks, rollerblade rental, pay-to-play athletic fields, golf courses, miniature golf courses, driving ranges, outdoor ice-skating rinks, batting cages or swimming pools. COMMERCIAL RECREATIONAL FACILITIES shall not include adult entertainment businesses.
COMMERCIAL WIRELESS TELECOMMUNICATIONS SERVICES. Wireless telecommunications services by private providers licensed by the Federal Communications Commission (FCC), including cellular, personal communications services (PCS), specialized mobilized radio (SMR), enhanced specialized mobile radio (ESMR), paging and similar services that are marketed to the general public.
COMMON AREA. Any land area and/or facilities that is held in common ownership by the residents through a homeowners’ association, community association or other legal entity, or which is held by the individual members of a condominium association as tenants-in-common.
COMPLETED APPLICATION. An application that contains all information and/or data necessary to enable an informed decision to be made with respect to an application.
COMPREHENSIVE LAND USE PLAN. The current, adopted long-range plan intended to guide the growth and development of the city, based on study and analysis of the city’s existing conditions, including population and housing, historic and natural features, general land use patterns and zoning regulations, and other development considerations.
CONDOMINIUM. A multi-family dwelling or development containing individual owners’ dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of a homeowners’ association and/or Ohio law.
CONSTRUCTION. Any act or process that requires a building permit and that adds an addition or modification onto an existing building or erects a new principal or accessory structure.
CONSTRUCTION, START OF. A substantial change or alteration in the physical properties of a zoning lot or structure where the incorporation of labor and materials incurs substantial cost or liability.
CONSTRUCTION STRUCTURES. A mobile home, trailer, dumpster or similar temporary structure that is used as an office, storage or collection of debris in conjunction with a construction project.
CONTRACTOR EQUIPMENT AND STORAGE YARDS. An unenclosed area or portion of a lot upon which a construction contractor maintains its principal office or a permanent business office used to store and maintain construction equipment and other materials customarily used in the trade carried on by the construction contractor.
COUNTY. Lorain County, Ohio
CULTURAL FACILITIES. Public or private facilities use for display, performance or enjoyment of heritage, history or the arts. This use includes, but is not limited to, museums, libraries, art performance venues, cultural centers and interpretative sites.
DECK. A flat surface, that is not paved, which is capable of supporting weight similar to a floor, constructed outdoors and elevated from the ground that is either freestanding or attached to a building. DECKS may also include stairways. DECKS are unenclosed by solid or nonsolid walls or a roof.
Figure 1246-E: Example of a deck.
DEDICATION. The intentional and voluntary appropriation or transfer of land from the private owner to the city or other public agency for the land to be pledged to a proper public use or purpose.
DEMOLITION. Any act or process that destroys in whole or in part any building or structure.
DENSITY. The number of dwelling units permitted per acre of land.
(1) GROSS DENSITY. The number of dwelling units permitted per acre of total land area.
DETACHED GARAGES AND CARPORTS. An accessory building primarily intended for and used for the enclosed storage or shelter of not more than four private motor vehicles of the owner or occupant of the principal building that is detached from the principal building. While a garage is completely enclosed by walls and a garage door, a carport is a roofed structure, with a foundation, that provides space for the parking of vehicles and that is completely open on at least one side.
Figure 1246-F: Example image of a detached garage (left) and detached carport (right).
DETACHED STORAGE/UTILITY SHEDS, GAZEBOS AND OTHER DETACHED BUILDINGS. An accessory building, other than a detached garage, that is typically uses for storage of items utilized by the occupants of the dwelling or a building used for the general enjoyment of the occupants including, but not limited to, gazebos, structural trellises, storage sheds and the like. Such term shall not include “playsets, treehouses, and trampolines”.
DEVELOPER. Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or other legal entity commencing proceedings under this code to affect the development of land for himself, herself or for another.
DEVELOPMENT. Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; the division of land into parcels; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
DEVELOPMENT REVIEW COMMITTEE. A committee of staff and appointment members intended to assist in the administrative review of certain applications as specified in Chapter 1214: Review Procedures.
DISTRICT. See ZONING DISTRICT.
DOMESTIC ANIMAL. An animal customarily kept, and cared for, by the occupants of a dwelling for personal pleasure, and which are not raised for food, fur or monetary gain. Typically, this includes dogs, cats, birds and other small mammals and reptiles, but not fowl, herd animals, goats or horses.
DRIVE-THROUGH FACILITY. Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term DRIVE-THROUGH shall also include DRIVE-UP and DRIVE-IN but shall not include vehicle washing establishments, automotive fuel sales, or automotive repair and service establishments.
DRIVEWAY. A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, structure, or a use of land.
DWELLING. A building designed or used exclusively as the living quarters for one or more families or housekeeping units.
DWELLING, SINGLE-FAMILY. A building designed for or used exclusively for residential purposes by one family or housekeeping unit.
DWELLINGS, MULTI-FAMILY. A building or portion thereof designed with more than one dwelling unit.
DWELLING UNIT. A single unit of one or more rooms providing complete, independent living facilities for one family, or alternatively by one housekeeping unit.
EASEMENT. A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
EDUCATIONAL INSTITUTIONS (HIGHER EDUCATION). 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.
EDUCATIONAL INSTITUTIONS (PRESCHOOL AND K-12). A public or private facility that provides a curriculum of primary, elementary, secondary or college preparatory academic instruction, including, but not limited to, preschools, 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. See EDUCATIONAL INSTITUTIONS (HIGHER EDUCATION).
ELECTRONIC MESSAGE CENTER. A sign designed so that the characters, letters or illustrations can be changed or rearranged automatically on a lampbank or through mechanical means (e.g., electronic or digital signs).
EROSION.
(1) The wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep; and
(2) The detachment and movement of soil or rock fragments by wind, water, ice or gravity.
ESSENTIAL SERVICES. The erection, construction, alteration or maintenance by city utilities or city departments, boards or commissions, of overhead, surface or underground gas, electrical steam or water, distribution or transmission systems, collection, communication, supply or disposal systems, including mains, drains, sewers, pipes, conduits, tunnels, wires, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, poles, electrical substation, gas regulator stations and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such city utility or city department, board, or commission or for the public health, safety or general welfare, shall be exempt from the regulations of this code. Provided, however, that the installation shall conform to Federal Communications Commission and Federal Aviation Agency rules and regulations, and those of other authorities having jurisdiction.
ESTABLISHMENT (ADULT ENTERTAINMENT BUSINESS). Means and includes any of the following:
(1) The opening or commencement of any adult entertainment business as a new business;
(2) The conversion of an existing business, whether or not an adult entertainment business, to an adult entertainment business;
(3) The additions of any adult entertainment business to any other existing adult entertainment business; or
(4) The relocation of any adult entertainment business.
FAA. The Federal Aviation Administration.
FACADE. The exterior walls of a building or building face exposed to public view; the exterior face of a building that gives it a distinctive character.
FACADE, FRONT. The facade of a building that contains the primary entrance of the building.
FACADE, PRIMARY. For the purpose of the sign regulations, a PRIMARY FACADE shall be as defined in § 1236.07(d).
FACADE, SECONDARY. For the purpose of the sign regulations, a SECONDARY FACADE shall be as defined in § 1236.07(d).
FACILITY (WIRELESS TELECOMMUNICATIONS). Any entire wireless telecommunications facility, including a tower, equipment building, parking area and other structures and signs, or one of the same, or a combination of these objects and devices.
FACILITY OWNER (RENEWABLE ENERGY). The entity or entities having equity interest in the wind energy system, including their respective successors and assigns.
FAMILY. One or more persons, with their direct lineal descendants and adopted children (and including the domestic employees thereof), together with not more than two persons not so related, living together in the whole or part of a dwelling comprising a single housekeeping unit. Every additional group of two or fewer persons living in such housekeeping unit shall be considered a separate FAMILY for the purpose of this code.
FARMERS MARKET. An outdoor location where vendors congregate to offer one or more of the following items for sale:
(1) Fresh unprocessed fruits and vegetables, herbs, grains, legumes, nuts, honey or other bee products and maple syrup;
(2) Flowers and plants;
(3) Livestock food products (including meat, milk, yogurt, cheese and other dairy products);
(4) Products of a cottage food production operation as defined by R.C. § 3715.01;
(5) Beer and wine made in Ohio for off-premises consumption only, provided such sale complies with all applicable state statutes, rules and regulations; and
(6) Handmade items made by the vendor provided they comprise less than 20% of the total displayed inventory at the farmers market. (Commercially manufactured goods or products shall not be offered for sale.)
FCC. The Federal Communications Commission, which is primarily responsible for the administration of the Telecommunications Act of 1996, Pub. Law No. 104-104, Sec. 1(a), Feb. 8, 1996, 110 Stat. 56.
FENCE. Any accessory wall or structure composed of wood, metal, stone, vinyl or other material erected in such a manner and positioned to enclose, partially enclose, screen or divide any premises or part of premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position as to enclose, partially enclose, screen or divide any premises or any part of any premises shall be included within the definition of FENCE.
FINANCIAL GUARANTEE. A financial deposit to ensure that all improvements, facilities or work required will be completed in conformance with the approved plan.
FINANCIAL INSTITUTIONS. Any building, property or activity of which the principal use or purpose of which is for depository purposes and including the provision of financial services including, but not limited to banks, credit unions, savings and loan institutions.
FLAG. Any fabric or other flexible material attached to or designed to be flown from a flagpole or similar device.
FLOOD or FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:
(1) The overflow of inland or tidal waters; or
(2) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOR AREA, GROSS. The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the centerline of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking.
FOOTCANDLE. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one standard candle.
FRACTION or FRACTION THEREOF. Where a calculation required by this code results in a fraction, the fraction shall be rounded to the closest whole number. Any fraction one-half or less shall rounded down and any fraction over one-half shall be rounded up to the next highest whole number.
FRATERNAL, CHARITABLE AND SERVICE ORIENTED CLUBS. A building or portion thereof or premises owned or operated by an entity, person or group of persons for a social, educational, religious or recreational purpose, but not primarily for profit or to render a service which is customarily carried on as a business.
FRONTAGE. All of the property abutting on one side of a street or places (crossing or terminating) or, if the street or place is dead-ended, then all of the property abutting on one side between an intersecting street or place and the dead end of the street or place.
FRONTAGE, BUILDING. The length of an enclosed building facing a public or private street. When a business does not front a public right-of-way the Code Administrator shall have the authority to designate the building frontage. In structures with more than one business, the frontage of each business shall be calculated separately in determining its sign area. See Figure 1246-G.
FRONTAGE, STREET OR LOT. The distance between the side lot lines measured along the required front setback line. In the case of a corner lot, frontage shall be measured along the shortest front lot line. Property lines which abut limited access roads shall not be construed to be included within any calculation of frontage. See Figure 1246-G.
Figure 1246-G: Illustration of building frontage versus street frontage.
FUEL STATIONS. An establishment that sells unleaded and diesel gasoline or any other fuel used for in vehicles.
FUNERAL HOMES. Any dwelling or establishment used and occupied by a professional licensed mortician for human burial preparation and funeral services.
GARAGE OR ESTATE SALES. Sales by residents of used or surplus personal possessions including, but not limited to, all sales entitled garage, yard, lawn, basement, attic, porch, room, tent, backyard, patio, or moving. This term shall include garage sales, lawn sales, attic sales, rummage sales or any similar casual sale of tangible personal property which is advertised by any means whereby the public at large can be made aware of such sale.
GAZEBO. A freestanding (not detached) accessory structure that has a covered roof and supporting structure but is open on all sides. See Figure 1246-H.
Figure 1246-H: Example image of a gazebo.
GENERATORS and HVAC EQUIPMENT.
(1) GENERATORS. Equipment that utilizes gas or other fuels to create electrical energy on a temporary basis when there is an electrical outage on the public electric grid.
(2) HVAC EQUIPMENT. Include all cabinets or outdoor equipment used as part of a building’s heating, ventilation and air-conditioning equipment including, but not limited to, compressor units and condenser units.
GOVERNMENT OFFICES AND BUILDINGS (NO OUTDOOR ACTIVITIES). Buildings or office space utilized for the provision of services by the City of Avon Lake, Lorain County, the State of Ohio or the federal government that does not include outdoor activities other than parking. Such uses include, but are not limited to, the municipal building, fire stations, police stations, government offices and other similar uses.
GRADE. The average level of the finished surface of the ground adjacent to the sign, building or other structure being measured.
GRADING. The stripping, cutting, filling or stockpiling, or any combination thereof of earth-disturbing activity, inclusive of land in its cut or filled conditions
GRASS. A species of perennial grass grown as permanent lawns or for landscape purposes.
GREEN INFRASTRUCTURE. Stormwater management techniques that use natural systems, or engineered systems, that mimic natural process.
GROUND COVER. A plant growing less than two feet in height at maturity that is grown for ornamental purposes. GROUND COVERS are used as an alternative to grasses. On slopes, GROUND COVERS control erosion while eliminating the maintenance of mowing on hillsides. GROUND COVERS also provide permanent covering of open ground to prevent erosion and/or create visual appeal.
HEDGE. A barrier of natural vegetation usually consisting of evergreen trees, shrubs or tall grasses that can be used to enclose, screen or separate areas.
HISTORIC DISTRICT. Any area designated by ordinance of the city which contains within definable geographic boundaries, buildings, structures or sites of historic, architectural or archaeological significance.
HOME OCCUPATION. A business, profession, occupation or trade that is conducted on a residential property for the economic gain or support of a resident living on that property and is incidental and secondary to the residential use of the lot and does not adversely or perceptively affect the character of the lot or surrounding area.
HOMEOWNERS’ ASSOCIATION. A community association that is organized within a development in which individual owners share common interests and responsibilities for open space, landscaping, private roads or other such facilities.
HOSPITALS. An institution providing inpatient and outpatient medical and surgical care, diagnosis and treatment for sick or injured persons including beds for overnight care, laboratories, medical offices, training facilities and other necessary accessory facilities.
HOTELS and MOTELS. A facility offering temporary lodging accommodations, in individual rooms or suites, on a daily rate, to the general public and potentially providing additional accessory services such as, but not limited to, restaurants, meeting rooms and recreational facilities.
HOUSEKEEPING UNIT. Five or fewer unrelated persons occupying a single dwelling unit, living as a single group, and doing their own cooking on the premises as distinguished from a group occupying a hotel, motel or other group living arrangement. Such definition shall also include RESIDENTIAL FACILITIES that allow for more than five persons when permitted as a licensed residential facility.
IMPROVEMENT PLANS. The engineering plans showing types of materials and construction details for the proposed subdivision improvements.
IMPROVEMENTS. Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, structures, landscaping and other related matters normally associated with the subdivision of raw land into building sites.
INDUSTRIAL SERVICE USES. Establishments 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.
INDUSTRIAL USES, HEAVY. Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. HEAVY INDUSTRIAL USES shall also mean those uses engaged in the operation, parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, recycling establishments, public works yards and container storage.
INDUSTRIAL USES, LIGHT. The manufacturing, processing, or assembly of products within a fully enclosed structure where noise, odor, light or vibrations is not noticeable from the adjacent properties.
LANDMARK. Any building, structure, site, work of art or object that has been designated as a LANDMARK by ordinance of the city, pursuant to procedures prescribed herein, that is worthy of preservation, restoration or rehabilitation because of its historic, architectural or archaeological significance.
LANDSCAPING. The improvement of a lot, parcel, tract of land, or portion thereof, with grass, shrubs and trees. LANDSCAPING may include pedestrian walks, flower beds, trees, shrubs, and ornamental objects such as fountains, statuary and other similar natural and artificial objects. In no case shall landscaping include the use of artificial plants or flowers as a replacement for living plant material unless such artificial plant closely resembles its natural counterpart in size, form, and color.
LARGE WIND ENERGY SYSTEM. A wind energy system which has a rated capacity of more than 20 kilowatts (kW) and not more than one and one-half MW and which is intended to primarily reduce non-residential on-site consumption of utility supplied electricity.
LATTICE TOWER. A tower constructed of vertical metal struts and cross braces forming a square or triangular structure that tapers from the foundation.
LAW DIRECTOR. The Law Director or designated legal counsel of the City of Avon Lake, Ohio
LIGHT FIXTURE. The assembly that holds the lamp in a lighting system. It includes the elements designed to give light output controls, such as a reflector (mirror) or refractor (lens), the ballast, housing, and the attachment parts.
LIGHT, CUTOFF. An artificial outdoor light source designed to ensure that no light is directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 1226.04: Outdoor Lighting.
LIGHT, NON-CUTOFF. An artificial outdoor light source designed to allow light to be directly emitted above a horizontal line parallel to the ground as regulated and illustrated in § 1226.04: Outdoor Lighting.
LOADING AREA. An off-street space or berth for the loading or unloading of freight carriers on the same lot as the structure they serve.
LOADING SPACE. An off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials that has an appropriate means of access.
LOCATE OR LOCATION (WIRELESS TELECOMMUNICATIONS). To place (or the placement of) a tower or related wireless telecommunications facility and incidental structures on a zoning lot within the corporate boundaries of the city pursuant to securing the required permits through ordinary due process.
LOT. A parcel of land occupied, or to be occupied, by a main building and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required and having the minimum size required for a lot under the provisions of this code. Every lot shall abut upon and have permanent access to a public street and have a minimum frontage required in the zoning district in which the lot is located.
LOT AREA. The total area within the lot lines of a lot, excluding any street right-of-way or other legal public dedication. See § 1226.01(b).
LOT, CORNER. A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is one 135 degrees or less. See Figure 1246-I.
Figure 1246-I: Illustration of typical lot types.
LOT COVERAGE. That portion of a lot, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water.
LOT, CURVED OR CUL-DE-SAC. A lot with frontage along a curved street or cul-de-sac. See § 1226.01: Lot and Principal Building Regulations.
LOT DEPTH. The mean horizontal distance between the front lot line and the rear lot line, measured in the general direction of the side lot lines.
LOT, DOUBLE FRONTAGE (THROUGH). A lot having a frontage on two non-intersecting streets, as distinguished from a corner lot. See § 1226.01: Lot and Principal Building Regulations.
LOT, FLAG (PANHANDLE). A lot that does traditionally have a frontage on or abutting a public street but where access is provided through a narrow strip of land that fronts or has access to the street. See § 1226.01: Lot and Principal Building Regulations.
LOT, INTERIOR. A lot that has a single street frontage, a rear lot line, and at least two side lot lines. See § 1226.01: Lot and Principal Building Regulations.
LOT LINE. The boundary line defining the limits of the lot. LOT LINE is synonymous with PROPERTY LINE.
LOT LINE, FRONT. In the case of an interior lot, means that line separating such lot from the street. In the case of a corner lot or double frontage lot, the FRONT LOT LINE is that line separating such lot from either street. See § 1226.01: Lot and Principal Building Regulations.
LOT LINE, REAR. A lot line opposite a front yard. A REAR LOT LINE is generally parallel to or less than 45 degrees to the front street right-of-way line. See § 1226.01: Lot and Principal Building Regulations.
LOT LINE, SIDE. A lot line generally extending perpendicular to the front and rear lot lines. The SIDE LOT LINE extends between the front lot line and the rear lot line. See § 1226.01: Lot and Principal Building Regulations.
LOT, NONCONFORMING. A lot that does not meet the minimum lot width, street frontage and/or lot area requirements of the applicable zoning district.
LOT OF RECORD. A lot which is part of a subdivision, the part of which has been recorded in the office of the Lorain County Recorder, or a parcel of land the deed to which was recorded, prior to adoption of this code.
LOT WIDTH. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line. See § 1226.01(d).
LOT, ZONING.
(1) For the purposes of this code, a parcel of land of sufficient size to enact minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. The term ZONING LOT is used synonymously with LOTS in this code. A ZONING LOT may consist of:
A. A single lot of record;
B. A portion of a lot of record; and
C. A combination of complete lots of record, and portions of lots of record.
(2) See § 1226.01(b)(2).
MAIN THOROUGHFARE. A street or road which serves or is intended to serve as streets within the city that can carry the highest levels of traffic. Such street may be also be referred to as an ARTERIAL STREET.
MAXIMUM EXTENT FEASIBLE. That no feasible and prudent alternative exists, and all possible efforts to comply with the regulation or minimize the potential harm or adverse impacts have been undertaken. Economic considerations may be taken into consideration.
MECHANICAL EQUIPMENT. Equipment, devices and accessories, the use of which relate to water supply, drainage, heating, ventilating, air conditioning and similar purposes.
MEDICAL/DENTAL CLINICS. Office or clinic uses concerned with the diagnosis, treatment and care of human beings. This definition does not include hospitals, skilled nursing facilities or personal care facilities.
METAL SALVAGE AND JUNK STORAGE. Land or buildings used for one of the following operations:
(1) The purchase, sale, exchange, storage, baling, packaging, disassembly or handing of waste, used materials or secondhand materials including, but not limited to, batteries, scrap iron and other old scrap ferrous or nonferrous materials, metals, paper, rubber tires, tires, debris or waste, electronic parts, and bottles;
(2) The dismantling or wrecking of motor vehicles or trailers, or the storage, sale or dumping of dismantled, or partially dismantled, obsolete, or wrecked vehicles or their parts; or
(3) The storage, keeping, buying or selling of wrecked, scrapped or dismantled motor vehicles or motor parts. The presence on any lot of two or more motor vehicles, which, for a period exceeding 30 days, have not been capable of operating under their own power and from which parts have been removed for reuse or sale, shall constitute a vehicle or automotive wrecking or salvage yard.
MICROBREWERY, MICRODISTILLERY or MICROWINERY. An establishment with where beer, liquor, wine or other alcoholic beverage is manufactured on the premises. The manufacturing may be the principal use of the facility or may be subordinate to a restaurant, bar or tavern as allowed in § 1216.05: Allowed Principal Uses. A MICROBREWERY, MICRODISTILLERY or MICROWINERY may include some off-site distribution of its alcoholic beverages consistent with state law.
MIXED USE BUILDINGS. A building that contains a commercial or office use and a residential use within a single building as provided for in this Part Twelve.
MODIFICATION. Any change in use, addition or alteration of a building or structure, or any change in type and/or increase in quantity of regulated substances used, stored, handled or produced.
MONOPOLE TOWER. A tower constructed of a single, self-supporting metal tube, anchored to a foundation with controls locked inside the tube.
MONUMENT. A box with an iron pin at the intersection of the centerlines of two streets or at a location where the point of tangency meets the point of curvature for curved sections of streets.
MULTI-TENANT USE. A principal building with multiple uses of a similar use classification (e.g., commercial, industrial and the like) but that has multiple tenant spaces and/or multiple use types. A strip mall or strip center with a mixture of retail uses such as restaurants, retail stores, and personal service establishments is an example of a multi-tenant building. Such use does not include any use within the residential use classification.
NONCOMMERCIAL SPEECH. Any sign, wording, logo or other representation that, does fall under the definition of COMMERCIAL MESSAGE OR SPEECH.
NONCONFORMING SITE CONDITION. A site improvement that was legally established, but no longer conforms to the parking, landscaping, architectural or other design standards for the site exclusive of the lot area, lot width, or other site development standards established in this code. See also LOT, NONCONFORMING.
NONCONFORMITY, LEGAL. Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of this chapter or its amendments, which do not conform to the regulations of the applicable zoning district, and are therefore incompatible. See also the definitions for USE, NONCONFORMING, LOT, NONCONFORMING, BUILDING, NONCONFORMING, NONCONFORMING SITE CONDITION and STRUCTURE, NONCONFORMING.
NON-IONIZING ELECTROMAGNETIC RADIATION (NIER). Electromagnetic radiation primarily in the visible, infrared and radio frequency portions of the electromagnetic spectrum.
NON-PARTICIPATING LANDOWNER (RENEWABLE ENERGY). Any landowner except a landowner on whose property all or a portion of a wind energy system is located pursuant to an agreement with the wind energy system owner or operator.
NUDITY or STATE OF NUDITY. The showing of the human male or female genitals, pubic area, vulva, anus, anal cleft or cleavage with less than a fully opaque covering, the showing of the female breast with less than a fully opaque covering of any part of the nipple, or the showing of the covered male genitals in a discernibly turgid state.
NURSERY SCHOOLS and DAY CARE CENTERS. A facility administering to the needs of infants, toddlers, pre-school children and school children outside of school hours, by persons other than their parents or guardians, custodians, or relatives by blood, marriage or adoption for any portion of the 24-hour day in a building other than the child’s own home. This use may include, but is not limited to, after school programs, office day care centers and principal structures used for only day care/nursery school programs. This term may also include adult day care centers where persons other than children, family members or guardians care for an adult for a portion of a 24-hour day in a building other than the adult’s home.
OCCUPANT. A person who, on a regular basis, spends nights at a residence. A person is considered an OCCUPANT regardless of whether they spend the majority of their nights at a residence, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an OCCUPANT if their clothes or other daily living supplies are maintained at the residence.
OCCUPIED BUILDING (RENEWABLE ENERGY). A residence, educational institution, hospital, place of workshop, cultural institution or other building used for private or public gathering that is occupied or in use when an application is submitted related to a wind energy system.
OPEN SPACE. Open areas, including parks, nature areas, playgrounds, trails and improved open space areas. See Chapter 1230: Open Space and Recreation Impact Fee Requirements.
OPEN SPACE, IMPROVED. A generally planned and structured area that includes formally designed landscape plantings. The space is regularly maintained and may include streetscape furnishings (e.g., benches, lighting and sculptures), recreational improvements (e.g., playground, swimming pool, tennis courts) and street improvements.
OPERATOR (RENEWABLE ENERGY). The entity responsible for the day-to-day operation and maintenance of a wind energy system.
OUTDOOR DINING. 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 beverage for on-site dining.
OUTDOOR DISPLAYS AND SALES. The placement of small products or materials for sale outside of a retail or wholesale sales establishment.
OUTDOOR LIGHTING. Any source of light that is installed or mounted outside of an enclosed building or structure, but not including streetlights installed or maintained along public streets by a government agency or public utility. See § 1226.04: Outdoor Lighting.
OUTDOOR STORAGE AND BULK SALES. A facility or lot used for the outdoor storage of materials and/or vehicles that are to be used for construction or for manufacturing processes and where such uses are the principal use of the lot. Such use may also include the sales of materials related to construction or manufacturing where the sales are direct to contractors or business and not open to the general public for retail sales. This use may also include the outdoor storage of fleet vehicles.
OUTDOOR VENDING MACHINES and DROP-OFF BOXES.
(1) VENDING MACHINES. Small machines that are capable of accepting money in return for the automatic dispensing of goods (e.g., drink machines, snack machines, video machines).
(2) DROP-OFF BOXES. Small collection facilities where recyclable materials, clothing or household goods are accepted from the public (e.g., neighborhood recycling stations and thrift store collection boxes).
OWNER. Any individual, firm, association, syndicate, co-partnership corporation, trust or any other legal entity, having legal title to or sufficient proprietary interest in the land.
PARKING AISLE. The driveway or access drive by which a car enters and departs a parking space.
PARKING AREA. An area designed for the parking of vehicles that includes parking spaces and any driveways or access drives specifically related to the parking spaces.
PARKING LOTS. An outdoor area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a PARKING AREA.
PARKING SPACE. A suitably surfaced and permanently maintained area on privately owned property either within or outside of a building of sufficient size to store one standard automobile.
PASSIVE PARKS, OPEN SPACE AND NATURAL AREAS. 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 conservation areas may include the development of trails and sidewalks.
PATIO. An unenclosed outdoor hard-surfaced area that is no higher than 18 inches above the ground. If a pergola or other roof structure is attached to the principal building and extends over the patio, then the patio and roofing shall be considered a PORCH.
Figure 1246-J: Illustrative example of a patio.
PCS. Personal communication services, including digital transmission, typically wireless or cellular telecommunications generally.
PENNANTS. A triangular or irregular piece of fabric or other material, whether or not containing a message of any kind, commonly attached by strings or strands, or supported on small poles, intended to flap in the wind.
PERFORMANCE STANDARD. A criterion established to control enclosure, dust, smoke, fire and explosive hazards, lighting, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings. See § 1226.02: Performance Standards.
PERGOLA. An accessory structure that can be attached to a building or can be detached with a roof that is not fully covered, supported by a structure that is open on all sides.
Figure 1246-K: Example image of a pergola.
PERSON. Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, Lorain County or state agency within Ohio, the federal government, or any combination thereof. An agency is further defined in the R.C. § 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district or state community college. Agency does not include the general assembly, the controlling board, the adjutant general’s department, or any court.
PERSONAL CARE. The provision of personal services such as help in walking and getting in and out of bed; assistance with bathing, dressing, and feeding; preparation of a special diet; and supervision over medications which can be self-administered.
PERSONAL SERVICES. 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.
PERSONAL WIRELESS TELECOMMUNICATIONS SERVICE. Communications services provided by a commercial mobile service provider. It includes a common carrier wireless exchange access service, cellular services and unlicensed wireless services.
PLACE or PLACEMENT (WIRELESS TELECOMMUNICATIONS). To locate a tower or related wireless telecommunications facility and incidental structures on a zoning lot.
PLACES OF WORSHIP. A religious institution where a congregation of any denomination, regularly participates in or holds religious services, meetings and other activities, including buildings in which the religious services are held and which may include accessory indoor uses such as, but not limited to, day care or educational institution facilities.
PLANNED UNIT DEVELOPMENT. A development that is planned for a single use, or to integrate a variety of uses into a comprehensive development, in which lot size, setback lines, yard areas and building types may be varied and modified to achieve particular design objectives and make provision for open spaces, common areas, utilities, public improvements and collateral uses. For the purposes of this code, PLANNED UNIT DEVELOPMENTS are developments approved prior to the effective date of this amendment. See Chapter 1220: Planned Unit Developments (PUD).
PLANNING COMMISSION. The Planning Commission of the City of Avon Lake, Ohio
PLAT. A map graphically indicating a proposed land subdivision or re-subdivision prepared in a form suitable for filing for record, with necessary affidavits, dedications and acceptances, and with complete bearings and dimensions of all lines defining lots, blocks, streets, alleys, public areas, and other dimensions of land.
PLAT, FINAL SUBDIVISION. The final map of all or a portion of the subdivision which is presented to the Planning Commission and City Council for final approvals in accordance with this code, and which, if approved, shall be filed with the proper county recording officer.
PLAT, PRELIMINARY SUBDIVISION. A plat of all parts of a subdivision prepared by a professional registered engineer or surveyor, incorporating recommendations and requirements of planning authorities, and showing topography, means of drainage, roadways, grades, sanitary and water service, and other information for preliminary approval by the Planning Commission in accordance with § 1214.05: Major Subdivisions.
PLAYSETS, TREEHOUSES and TRAMPOLINES. Recreational equipment for children that may include, but is not limited to, swings, slides, monkey bars and play enclosures.
PORCH. An unenclosed area with a roof that is attached to a building but not used for livable space. A PORCH also includes paved areas without a roof if the surface area is higher than 18 inches above the adjacent grade (e.g., stoops).
Figure 1246-L: Examples of a front porch (left) and back porch (right).
PORTABLE STORAGE UNITS. Any portable enclosed unit of whatever type of construction or material, designed for permanent or temporary storage, which can be transported by vehicle and left on-site.
PREMISES (WIRELESS TELECOMMUNICATIONS). A zoning lot, or the immediate vicinity of a tower and related wireless telecommunications facility, consisting of land and structures and appurtenances thereof.
PRESERVATION (HISTORIC PRESERVATION). The process of applying measures necessary to sustain the existing form, integrity and materials of an historic property.
PROVIDER. A private or public (including governmental and quasi-governmental) entity, licensed by the Federal Communications Commission (FCC), which provides wireless telecommunications services.
PUBLIC UTILITY. Persons, corporations or governments supplying gas, electric, cable television, transportation, water, sewer or land line telephone service to the general public. For purposes of this code, telecommunications facilities of any kind shall not be considered PUBLIC UTILITIES.
PUBLIC UTILITY BUILDINGS AND FACILITIES. Structures and land used for storage, transmission or recovery facility for water, sewerage, telephone, electric or gas and other similar utilities owned or operated by any public agency or by any utility subject to the jurisdiction of the Public Utilities Commission (PUCO). Such uses may also include salt storage or other outdoor activities necessary for the efficient operations of the local, state or federal government.
QUASI-PUBLIC. Real property owned or controlled at least in part by a governmental entity, or a public non-profit agency or organization duly authorized by law.
RACEWAY or WIREWAY. An elongated metal enclosure used to mount individual channel lettering and to conceal related transformers and wiring.
RADIO FREQUENCY (RF). Any of the electromagnetic wave frequencies that lie in the range extending from below three kilohertz to about 300 gigahertz and that include frequencies for radio, television and wireless telecommunications.
RECONSTRUCTION (HISTORIC PRESERVATION). The act or process of depicting, by means of new construction, the form, features and detailing of a non-surviving site, landscape, building, structure or object for the purpose of replicating its appearance at a specific period of time and in its historic location.
RECYCLING CENTER. A building or facility that is used to collect, sort, and/or prepare recyclable materials for distribution to other facilities.
REHABILITATION (HISTORIC PRESERVATION). The act or process of making possible a compatible use for a property through repair, alteration and addition while preserving those portions or features which convey its historical, cultural or architectural values.
RENEWABLE ENERGY SYSTEM. An energy system powered by a natural resource such as sunlight or wind rather than by the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable source, and, specifically including a wind energy system and/or a solar energy system as defined in this code.
RESEARCH AND DEVELOPMENT FACILITIES. An establishment or facility for carrying on investigation in the natural, physical or social sciences, or engineering and development as an extension of investigation with the objective of creating end products. Such establishment shall not include the manufacturing or assembly of products beyond the development of prototype systems or products. All activities shall take place within an enclosed building.
RESIDENTIAL COMMUNITY CENTERS. A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development with which the use is associated and that may be privately owned or jointly owned by property owners.
RESIDENTIAL FACILITIES. Any residential facility meant as a permanent residence for persons, licensed by the State of Ohio, designed to allow not more than 16 persons, needing specialized care, counseling, ongoing medical treatment or supervision to live in the same building or complex of buildings and engage in some congregate living activity in a non-institutional environment as regulated by R.C. Chapters 5119 and 5123.
RESIDENTIAL PLANNED DEVELOPMENT. A development that is planned for a single residential use type, or to integrate a variety of residential use types into a comprehensive development, in which lot size, setback lines, yard areas and building types may be varied and modified to achieve particular design objectives and make provision for open spaces, common areas, utilities, public improvements and collateral uses. For the purposes of this code, RESIDENTIAL PLANNED DEVELOPMENTS are developments approved after to the effective date of this amendment. See Chapter 1222: Residential Planned Development District (RPD).
RESPONSIBLE DRC MEMBER. The member of the Development Review Committee that is designated to provided communication with an applicant, provide notice of an application, and generally be the lead staff member related to a particular application.
RESTAURANTS. An establishment whose principal business is the selling of food and beverages to the customer in a ready to consume state, in individual servings.
RESTORATION (HISTORIC PRESERVATION). The act or process of accurately depicting the form, features and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. The limited and sensitive upgrading of mechanical, electrical and plumbing systems and other code-required work to make properties functional is appropriate within a restoration project.
RETAIL BUSINESSES. Any business selling goods, wares or merchandise directly to the ultimate consumer for direct consumption and not for resale. A RETAIL BUSINESS use includes, but is not be limited to such activities as: supermarkets; stores that sell electronics, hardware, apparel, footwear, appliances, furniture, department stores and discount stores.
RETAIL COMMERCIAL USES. For the purposes of accessory uses, this term shall mean “retail businesses” that are accessory to the principal use.
RIGHT-OF-WAY. A strip or area of land dedicated for use as a public roadway, railroad or dedicated for other public uses. For streets, the RIGHT-OF-WAY typically includes the paved roadway, curbs, lawn strips, sidewalks, lighting, drainage facilities and utilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
ROOF LINE. Either the edge of the roof or the top of the parapet, whichever forms the top line of the building silhouette. In regards to sign placement, where a building has several roof levels, the pertinent roofline or parapet shall be the one belonging to that portion of the building on whose wall the sign is located.
SATELLITE DISHES. A parabolic dish antenna including its structural supports, used for reception of various satellite television programming signals.
SCREENING. A method of visually shielding or obscuring a structure, parking, mechanical equipment, refuse collection center or incompatible land use, from another and from public view by fencing, walls, beams or densely planted vegetation.
SELF-STORAGE FACILITIES (INDOOR). A building that contains varying sizes of individual, compartmentalized or controlled-access stalls or lockers for the dead storage of a customer’s goods or wares where all access to such stalls or lockers occurs within the inside of the building and where there is no outdoor storage.
SELF-STORAGE FACILITIES (OUTDOOR). 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 where the access to such stalls or lockers occurs from the exterior of the building. Such use may include the outdoor storage of vehicles as an accessory use if approved by the Planning Commission as part of the conditional use approval.
SEMI-NUDITY or SEMI-NUDE CONDITION. The showing of the female breast below a horizontal line across the top of the areola at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast, exhibited by a dress, blouse, skirt, leotard, bathing suit or other wearing apparel, provided that the areola is not exposed in whole or part.
SETBACK. The required minimum horizontal distance between a lot line or the proposed right-of-way, whichever is more restrictive and a building, surface parking lot or structure as established by this code.
SETBACK, BUILDING. The setback required from any right-of-way and the principal or accessory building as established in this code.
SETBACK, FRONT. The minimum distance required between a building, structure, parking area, outside storage area or other use of the property, and the front lot line. See § 1226.01: Lot and Principal Building Regulations.
SETBACK LINE. A line established by this code generally parallel with and measured from the lot line or the right-of-way, whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area shall be located from the said lot or thoroughfare line, except as may be provided in this code. For example, a front yard setback line is the line formed by applying the minimum front yard setback from any applicable front lot lines.
SETBACK, REAR. The minimum distance required between a building, structure, parking area, outside storage area or other use of the property, and the rear lot line. See § 1226.01: Lot and Principal Building Regulations.
SETBACK, SIDE. The minimum distance required between a building, structure, parking area, outside storage area or other use of the property, and a lot that that is shared with another lot where such lot line is defined as a side lot line. See § 1226.01: Lot and Principal Building Regulations.
SHADOW FLICKER. The on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind energy system.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
SIDEWALK. That portion of the road right-of-way, easement or private property that is improved for the use of pedestrian traffic by the general public.
SIGN. Any object, device, display or structure or part thereof situated outdoors or adjacent the interior of a window or doorway which is used to advertise, identify, display, direct or attract attention to an object, person, institution, organization, business, product, service, event or location by any means including words, letters, pictures, logos, figures, designs, symbols, fixtures, colors, illumination or projected images.
SIGN, A-FRAME. A freestanding sign which is ordinarily in the shape of an “A” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition of T-FRAME SIGNS.
SIGN AREA. The entire display area of a sign including the advertising surface located on one or more sign faces and any framing, trim and molding, but not including the supporting structure as measured pursuant to § 1236.07(c).
SIGN, AWNING. A permanent sign painted on, printed on or attached flat against the surface of an awning.
SIGN, BALLOON. A sign that is an air inflated object, which may be of various shapes, made of flexible fabric, resting on the ground or a structure, and equipped with a portable blower motor that provides a constant flow of air into the device. BALLOON SIGNS are restrained, attached or held in place by a cord, rope, cable or similar method. See also the definition for AIR-ACTIVATED GRAPHIC.
SIGN, BANNER. A temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method. Where a banner signs is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a temporary YARD SIGN.
SIGN, BUILDING. Any permanent sign attached to any part of a building including awning, canopy, marquee, projecting, hanging or wall signs.
SIGN, CANOPY. A permanent sign attached to the soffit or fascia of a canopy of a covered entrance or walkway, or to a permanent awning or marquee.
SIGN, CHANGEABLE COPY. A sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface. See also the definition of SIGN, MANUAL CHANGEABLE COPY and ELECTRONIC MESSAGE CENTER.
SIGN COPY. Those letters, numerals and figures, symbols, logos and graphic elements comprising the content or message of a sign.
SIGN, DRIVE-THROUGH FACILITY. Any permanent signage allocated along a drive-through lane that is oriented toward the customer or user in the drive-through lane.
SIGN, DRIVEWAY. A small permanent sign located near driveway access points and/or at the intersection of internal access drives.
SIGN FACE. The surface of the sign upon, against or through which the message of the sign is exhibited.
SIGN, FEATHER. A temporary sign that is constructed of cloth, canvas, plastic fabric or similar lightweight, non-rigid material and that is supported by a single vertical pole mounted into the ground or on a portable structure.
SIGN, FREESTANDING. Any sign supported upon the ground by a monument, pedestal, pole, bracing or other permanent measure and not attached to any building.
SIGN, ILLUMINATED. Any sign which has characters, letters, figures, designs or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.
SIGN, MANUAL CHANGEABLE COPY. A changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as READERBOARDS.
SIGN, MONUMENT. A permanent freestanding sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a monument or pedestal structure.
SIGN, NONCONFORMING. Any sign which was erected legally prior to the adoption of this code, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
SIGN, PERMANENT. A sign 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 that is constructed of rigid, non-flexible materials.
SIGN, PORTABLE. Any sign not attached to the ground or a sign designed to be transported, including signs designed to be transported by means of wheels.
SIGN, PROJECTING. A permanent sign that is affixed perpendicular to a building or wall and extends more than 18 inches beyond the face of such building or wall.
SIGN, ROOF. Any sign erected on a roof.
SIGN, SIDEWALK. A temporary sign that may be placed on the sidewalk, in the public right-of-way, during business hours in accordance with this section and all other applicable ordinances and resolutions. See definition of SIGN, T-FRAME and SIGN, A-FRAME.
SIGN, T-FRAME. A freestanding sign which is ordinarily in the shape of an upside down “T” or some variation thereof, which is readily moveable, and is not permanently attached to the ground or any structure. See also the definition for A-FRAME SIGNS.
SIGN, TEMPORARY. A sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis, and/or is intended for a limited period of display.
SIGN, WALL. A permanent sign attached directly to an exterior wall of a building and which does not extend more than 18 inches from nor above the roof line or beyond the limits of the outside wall, with the exposed face of the sign in a plane parallel to the building wall. Murals and other painted signs are considered WALL SIGNS pursuant to this section.
SIGN, WINDOW. Any sign that is applied to the interior or exterior of a window or door, or a sign located near a window or door within a building, for the purpose of being visible and read from the outside of the building.
SIGN, YARD. Any temporary sign placed on the ground or attached to a supporting structure, posts or poles, that is not attached to any building.
SITE IMPROVEMENT. Alterations to land that enhance the utility of any new or existing structure on the lot(s).
SITE PLAN. A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings, exterior lighting, landscaping, vehicular use areas, access drives, signs, outdoor storage areas and any other features that comprise a proposed development that are further defined in § 1214.06: Site Plans and that demonstrate a development’s compliance with this code.
SITE PLAN REVIEW. The review of proposed site plans as reviewed and decided upon in accordance with § 1214.06: Site Plans.
SKILLED NURSING. Those nursing services and procedures employed in caring for the sick which require training, judgment, technical knowledge and skills beyond those which the untrained person possesses. It involves administering medications and carrying out procedures in accordance with the orders, instructions and prescriptions of the attending physician or surgeon.
SKILLED NURSING OR PERSONAL CARE FACILITIES. A long-term or short-term residential facility that provides skilled nursing services or personal care in a facility that is not in a traditional dwelling type (e.g., single-family dwelling). Such facility shall not mean the same as hospitals or residential facility.
SMALL WIND ENERGY SYSTEM. A wind energy system which has a rated capacity of not more than 20 kilowatts (kW) and which is intended to primarily reduce on-site consumption of utility supplied electricity.
SOLAR ENERGY SYSTEM (ACTIVE OR PASSIVE). The equipment and requisite hardware that provides and is used for collecting, transferring, converting, storing or using incident solar energy for water heating, space heating, cooling, generating electricity or other applications that would otherwise require the use of a conventional source of energy such as petroleum products, natural gas, manufactured gas, or electricity produced from a nonrenewable resource. Such systems include passive solar energy systems that capture the sun’s energy in building design and construction components; solar thermal energy systems that convert sunlight to heat as in a hot water tank or swimming pool; and photovoltaic solar energy systems that convert sunlight to electricity.
SPECIFIED ANATOMICAL AREAS.
(1) The human male genitals in a discernibly turgid state, even if completely and opaquely covered; or
(2) Less than completely and opaquely covered human genitals, pubic region, buttocks or female breast below a point immediately above the top of the areola.
SPECIFIED SEXUAL ACTIVITIES. Any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation or sodomy; or
(3) Excretory functions as part of or in connection with any of the above activities.
STATIC/INSTANT MESSAGE CHANGE. On electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing or other movement of the message.
STORY. The part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or, if there is no floor above, then the ceiling next above, and having a height consistent with the requirement of occupiable space as defined in the residential building code.
STREAMER. A ribbon-shaped or cord-like rope which may have pennants and/or banners attached and which is stretched or hung between two or more supports.
STREET.
(1) A right-of-way dedicated or deeded and accepted for public use, which provides for vehicular and pedestrian traffic.
(2) A street will typically include:
A. The paved area, or cartway, principally for use by motorized vehicles, and usually bordered with curbs and gutter;
B. A sidewalk between the paved area and right-of-way line principally for use by pedestrians; and
C. A landscaped area between the sidewalk and paved area which is often called a “tree lawn”.
STREET, ARTERIAL. See definition of MAIN THOROUGHFARE.
STREET, CUL-DE-SAC. A short street having one open end to traffic and the other end permanently terminated by a vehicle turnaround.
STREET, DEAD-END. A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
STREET, MINOR. A street supplementary to a secondary street and of limited continuity which serves or is intended to serve the local needs of a neighborhood. Such streets may also be referred to as a LOCAL STREET.
STREET, PRIMARY. A street or road of considerable continuity which serves or is intended to serve as the principal trafficway between large and separated areas and which is the main means of access to the main thoroughfare system. (Lake Road, Walker Road, Electric Boulevard, Miller Road, Moore Road, Avon Belden Road, Jaycox Road, Lear Road). Such streets may also be referred to as a MAJOR COLLECTOR STREET.
STREET, PRIVATE. An area set aside to provide access for vehicular traffic within a development that is not dedicated or intended to be dedicated to the city and that is not maintained by the city.
STREET, PUBLIC. A street that has been dedicated or deeded to the public for public use and which affords principal access to abutting property.
STREET, SECONDARY. A main residential street which carries the burden of local traffic to primary streets. Such streets may also be referred to as a MINOR COLLECTOR STREET.
STRUCTURAL ALTERATION. Any change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions or any increase in the area or cubical contents of the building.
STRUCTURE. Anything constructed or erected on the ground or attached to the ground or on-site utilities, including, but not limited to, buildings, factories, sheds, detached garages, freestanding signs, cabins, manufactured homes and other similar items. Patios, parking lots, or other similarly paved surfaces shall not be deemed STRUCTURES.
STRUCTURE, ACCESSORY. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
STRUCTURE, LEGALLY NONCONFORMING. A structure or portion thereof, lawfully existing on the effective date of this code, or amendments thereto, and which does not conform to the provisions of the code in the district in which it is located.
STRUCTURE, TEMPORARY. A structure permitted for limited duration with the intent that such use will terminate or the structure will be removed automatically upon expiration of the fixed time period. A TEMPORARY STRUCTURE is without a foundation or footing.
STRUCTURE (WIRELESS TELECOMMUNICATIONS). Any human-made building or object affixed to a zoning lot on which is located a wireless telecommunications tower and related facility, and is incidental, ancillary or otherwise supportive to that facility.
SUBDIVIDER. Any individual, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this code to effect a subdivision of land hereunder for himself, herself or for another.
SUBDIVISION. The division of any parcel of land, shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, not involving the division, combination, alteration, or allocation of land for the opening, widening or extension of any street or streets, and the division or allocation of land as open spaces for common use by owners, occupants or lease holders or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities, shall be exempted.
SUBDIVISION, MAJOR. A subdivision that is not classified as a minor subdivision.
SUBDIVISION, MINOR. A division of a parcel of land along an existing street not involving the opening, widening or extension of any street or road and involving no more than five lots after the original tract has been completely subdivided. See further distinction in § 1214.04(b).
SUBDIVISION MODIFICATION. A modification to any of the public improvement or subdivision design standards of Chapter 1238: Subdivision Design Standards, as authorized by the Planning Commission in accordance with § 1214.05(f).
SUBSTANTIAL ENLARGEMENT (ADULT ENTERTAINMENT BUSINESS). Substantial enlargement of an adult entertainment business means the increase in floor area occupied by the business by more than 25% as the floor areas exist on the date this code takes effect.
SURVEY. The process by which a parcel of land is measured, and its boundaries and contents are ascertained, by a professional land surveyor. The results of a survey are a map and legal description of such parcel of land.
SWIMMING POOLS. Any pool, lake or open tank, primarily used for swimming or wading, not located within a completely enclosed building and containing or normally capable of containing water to a depth at any point greater than one foot. Such use shall be designed, used, and maintained for swimming or wading by the residents, tenants, or occupants of the subject property.
TAVERNS or BARS. Establishments providing 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.
TELECOMMUNICATIONS. All communications services and the use thereof, whether by means of public or private providers, and includes cellular telecommunications, personal wireless services and amateur radio broadcasting, by any transmission, emission or reception of signals, writing, images and sounds, or information of any nature by wire, radio, visual or the electromagnetic system.
TELECOMMUNICATIONS ACT OF 1996. Public Law 104-104, as adopted by the Congress of the United States, February 8, 1996, as may from time to time be amended. This law is the basic law governing wireless telecommunications.
TEMPORARY EVENT WITH EXTENSIVE IMPACT. A short-term event or activity that may occur for a longer time period; will require broader city resources; or will have more extensive impacts on the city or adjacent properties than a temporary use with limited impact.
TEMPORARY EVENT WITH LIMITED IMPACT. A short-term event or activity with minimal impact on street, public services or adjacent properties.
TEMPORARY SALES OFFICE AND MODEL HOMES. A dwelling unit temporarily converted into a sales and display office or a temporary sales office established in a development or subdivision for the purpose of providing an example of the units in the development.
TEMPORARY SEASONAL SALES. A temporary use of a lot, or portion of a lot, for the outdoor sales of seasonal or agricultural products as established in § 1224.02: Temporary Uses and Structures.
TENNIS AND OTHER RECREATIONAL COURTS (OUTDOOR). An area of a yard that is permanently improved and surfaced for the recreational use of the property owner for games such as tennis, basketball, racquetball and similar sports or games.
TOWER.
(1) Any ground or above-ground mounted pole, spire, structure or combination thereof, taller than 15 feet, including supporting lines, cables, wires, braces or masts, and including smoke stacks, water towers and other similar structures which can accommodate the mounting of an antenna, meteorological or telecommunications device, or similar apparatus above-grade.
(2) TOWER also includes the following.
A. TOWER, CELLULAR OR WIRELESS COMMUNICATIONS. Any tower, as defined in this code, used to support a cellular or wireless telecommunications antenna. Such tower may be a mast, pole, monopole, guyed tower, lattice tower, freestanding tower or other structure designed and primarily used to support antennas. A building permanently affixed to real property which supports a device as defined in this section as a tower, when that device extends above the highest point on such building by more than 15 feet, and used for telecommunications purposes, the device so extending shall be considered a TOWER under this code.
B. TOWER, LATTICE. A support structure constructed of vertical metal struts and cross braces forming a triangular or rectangular structure which often tapers from the foundation to the top.
C. TOWER, MONOPOLE. A support structure constructed of a single, self-supporting pole or similar device securely anchored to a foundation, not necessarily the ground.
D. TOWER, MULTI-USER. A tower to which is attached the antennas of more than one wireless telecommunications service provider, including a governmental entity or other similar provider.
E. TOWER, SINGLE-USER. A tower to which is attached only the antenna(s) of a single provider, although such tower may be designed to accommodate the antennas of multiple uses.
TRAILER. Any vehicle without motive power that is designed or used for carrying property or persons wholly on its own structure and for being drawn by a motor vehicle.
TRUCK AND HEAVY EQUIPMENT SALES. An establishment engaged in the temporary storage for the sale or repair of tractor trailer trucks and other equipment or vehicles used in commercial, industrial or construction enterprises such as, but not limited to, bulldozers, cranes, backhoes, rollers and lifts.
TRUCK TERMINALS. A facility intended to provide services to the trucking industry including, but not limited to, the following activities: the dispensing of fuel, the storage of truck tractors and truck trailers, weighing facilities, truck washing facilities, convenience retail sales and other driver accommodations.
TYPE A DAY CARE HOMES. A permanent residence of the administrator in which child day care is provided for seven to 12 children at one time or a permanent residence of the administrator in which child day care is provided for four to 12 children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this definition, 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. A TYPE A HOME does not include a residence in which the needs of children are administered, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
TYPE-B DAY CARE HOME. A permanent residence of the provider in which child day care is provided for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of this definition, 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. A TYPE B HOME does not include a residence in which the needs of children are administered, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
USE. Any purpose for which a lot, building or other structure, or a tract of land may be designated, arranged, intended, maintained or occupied; or any activity, occupation, business or operation carried on or intended to be carried on in a building or other structure or on a tract of land.
USE, ACCESSORY. A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
USE, CONDITIONAL. A use which may be appropriate or desirable in a specified zoning district, but requires special approval through the conditional use approval (see § 1214.03.) because, if not carefully located or designed, it may create special problems such as excessive height or bulk or abnormal traffic congestion.
USE, LEGALLY NONCONFORMING. Any building or land lawfully occupied by a use that was in accordance with the zoning regulations, if any, in existence when the use commenced and which, through subsequent enactments or changes of zoning regulations either prior to the passage of this code or by the passage of this code or amendments thereto, does not conform or did not conform thereafter with the use regulations of the district in which it is situated.
USE, PRINCIPAL OR MAIN.
(1) The MAIN USE of land or buildings as distinguished from subordinate or accessory uses.
(2) A PRINCIPAL USE may be either permitted, permitted with standards, or conditionally permitted.
USE, TEMPORARY. A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure. See § 1224.02: Temporary Uses and Structures.
UTILITY STRUCTURES. Any above ground structure, facility or equipment, including, but not limited to, pedestals, boxes, cabinets, meters, storage facilities or utility stations, that are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and internet service, and water. UTILITY STRUCTURE shall not include fire hydrants, utility poles, traffic control devices or city equipment.
VARIANCE. A modification of the strict terms of these regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of these regulations would result in a practical difficulty. See § 1214.09: Variances.
VEHICLE, FLEET. Trucks, vans and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.
VEHICLE STORAGE. The storage of trucks, vans and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.
VEHICLE WASHING ESTABLISHMENTS. The use of a site for washing and cleaning of passenger vehicles, recreational vehicles or other light duty equipment. This shall include establishments that provide car detailing services.
VEHICULAR USE AREA. The entire paved area that encompasses all parking spaces, loading areas, waiting spaces and the access drives that provide access to those spaces but that does not include the entry drive or driveway with no direct access to a parking space, waiting space or loading space.
VIOLATION. The failure of a structure or other development to be fully compliant with the regulations of this code.
WAITING SPACE. A portion of the vehicular use area on a site that is dedicated to the temporary storage or “standing” of vehicles engaged in drive-through use of the site or development.
WALL. An architectural partition with a height and length greater than its thickness; used to divide or enclose an area or to support another structure.
WALL, RETAINING. A structure that holds back soil or rock from a building, structure or area. RETAINING WALLS prevent downslope movement or erosion and provide support for vertical or near-vertical grade changes.
WAREHOUSES. A business establishment primarily engaged in the storage, loading and unloading of merchandise, goods and materials, not including self-storage facilities.
WATERCOURSE. Any natural or artificial waterway (including, but not limited to, streams, rivers, creeks, ditches, channels, canals, conduits, culverts, drains, drainageways, waterways, gullies, ravines or washes) in which waters flow in a definite direction or course, either continuously or intermittently, and including any area adjacent thereto which is subject to inundation by reason of overflow of flood water.
WETLAND. Those areas that are inundated and saturated by surface or groundwater at a frequency and duration sufficient to support, and under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. WETLANDS generally include swamps, marshes, bogs, and similar areas.
WHOLESALE ESTABLISHMENTS. An establishment or place of business primarily engaged in selling merchandise to retailers, including associated showrooms and warehousing; to industrial, commercial, institutions or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
WIND ENERGY SYSTEM. An electric generating system, whose main purpose is to supply electricity, consisting of one or more wind turbines, supporting structures and other accessory structures, buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and systems.
WIND ENERGY SYSTEM OWNER. The entity or entities having an equity interest in the wind energy system, including their respective successors and assigns.
WIND TURBINE. A wind energy conversion system that controls or converts wind energy into electricity through the use of a generator.
WIND TURBINE HEIGHT. The height from pre-existing natural grade to the highest point of the wind turbine rotor plane.
WINDBLOWN DEVICES. Objects and signs designed to inform or attract attention, all or part of which is set in motion by or remains inflated by wind, mechanical, electrical, or any other means and may include, but are not limited to pennants, ribbons, streamers, spinners, or similar objects.
WIRELESS TELECOMMUNICATIONS. Has the same meaning as TELECOMMUNICATIONS, PERSONAL COMMUNICATION SYSTEM(S), PCS or COMMUNICATIONS.
WIRELESS TELECOMMUNICATIONS EQUIPMENT BUILDING OR EQUIPMENT BUILDING. The structure in which the electromagnetic receiving and relay equipment for a wireless telecommunications facility is housed.
WIRELESS TELECOMMUNICATION FACILITIES. A facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines for the provision of personal wireless services.
YARD. An open space on the same lot with a building unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this code. See § 1226.01: Lot and Principal Building Regulations for rules of measurement and determination for all yard types.
YARD, FRONT. Unless otherwise stated in § 1226.01: Lot and Principal Building Regulations, a FRONT YARD is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
YARD, REAR. Unless otherwise stated in § 1226.01: Lot and Principal Building Regulations, a REAR YARD is an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest point of the main building.
YARD, SIDE. Unless otherwise stated in § 1226.01: Lot and Principal Building Regulations, a SIDE YARD is an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot line to the nearest point of the main building.
ZONING DISTRICT. An area within the city limits for which the regulations and requirements governing use are uniform as defined by § 1216.02: Establishment of Zoning Districts.
ZONING DISTRICT, NONRESIDENTIAL. Includes the B-1, B-2, B-3, MUO, I-1, I-2 and P-I Districts, regardless if residential uses are permitted.
ZONING DISTRICT, RESIDENTIAL. Includes the R-1A, R-1B, R-1C, R-1D, R-2 and R-3 Districts.
ZONING MAP. An accurate map depicting the City of Avon Lake, Ohio, and indicating the official boundaries of the zoning districts established by this code. See § 1216.03: Zoning District Map and District Boundaries.
ZONING PERMIT. A permit issued by the Code Administrator stating that a proposed development or activity complies with this code as established in § 1214.10: Zoning Permit.
(Ord. 21-161, passed 12-13-2021; Ord. 23-46, passed 3-13-2023; Ord. 24-33, passed 3-25-2024)