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   Words used in this Code are used in their ordinary English usage.  However, for the purpose of this Code, certain words used herein are defined and whenever used in this Code shall have the meaning indicated in this section, except where the context clearly indicates a different meaning.
   (1)   ACCESSORY BUILDING:  A subordinate building detached from, but on the same lot as the principal building, which is designed and used for a purpose subordinate and incidental to, the principal building.
   (2)   ACCESSORY USE:  A use or activity on the same lot as a principal use, but which is subordinate and incidental to the principal use.
   (3)   ALTERATION, BUILDING:  Any change or modification of a building or structure.
   (4)   ALTERATION, STRUCTURAL: Any change, modification or replacement of the supporting members of any building.
   (5)   APPLICANT: A person, corporation or other legal entity submitting an application to the City for legislative or administrative approval, including, but not limited to, zoning amendments, a subdivision or lot split, conditional uses, site plan approval, variances or appeals. An applicant shall have legal interest in the property for which action is being sought. An applicant may be a developer, property owner, homeowner or an agent thereof.
   (6)   AS-BUILT IMPROVEMENT PLANS: Construction plans that reflect improvements as built in the field and approved by the Municipal Engineer.
   (7)   ASSISTED LIVING HOUSING: Any living accommodations characterized by two or more private living quarters within the same building which shall include at minimum private baths and eating facilities exclusive to the owner or other residents thereof, but also consisting of common dining and other areas, whether within the same building or not, where meals and other assistance are provided to owners or other residents as a group.  Assisted living housing does not include medical care and is not synonymous with nursing homes, hospitals, convalescent homes or other similar accommodations.
   (8)   AUTO SERVICES: A building or part of a building, structure or space used for the retail sale of fuel, lubricants and/or motor vehicle accessories, routine maintenance and service of motor vehicles, and/or the making of repairs to motor vehicles, except that repairs described as major repairs in Repair Garage/Services shall not be permitted.
   (9)   BAR/TAVERN:  An establishment where the principal business is the sale of alcoholic beverages for retail consumption on the premises and the sale of food is accessory and incidental to such sales. See also definition of Nightclub.
   (10)   BLOCK:  An area of land bounded by streets, public or common land, railroad rights of way, shorelines, boundary lines, municipalities, etc., or by other definite limits and/or specified boundaries.
   (11)   BUILDING:  Any structure having a roof supported by columns or walls and which is completely enclosed and intended for the shelter, housing or enclosure of persons, animals or property.
   (12)   BUILDING CODE:  Part Fourteen of these Codified Ordinances.
   (13)   BUILDING HEIGHT:  The vertical distance from the grade to the highest point of the roof surface if it is a flat roof; to the deck line for a mansard roof; and to the mean height level between the eaves and ridge line for gambrel, gable or hip roofs.  (See Figure 1)
   (14)   BUSINESS SERVICES:  Any activity which renders services primarily to other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses and which does not primarily involve retail sale for residential use.
   (15)   CAR WASH:  A building or area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
   (16)   CEMETERY:  Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums and mausoleums, when operated in conjunction with and within the boundaries of such cemetery.
   (17)   CERTIFICATE OF OCCUPANCY:  A written statement, signed by the Building Inspector, setting forth that a building has been completed in full compliance with the Building Code and the Planning and Zoning Code and may therefore be occupied and used.
   (18)   CHURCH:  See definition of Places of Worship.
   (19)   CITY:  The City of Avon Lake.
   (20)   CONCEPT PLAN:  A conceptual drawing which indicates the proposed layout of streets, lots and other features of a proposed subdivision, or other type of proposed land development, in relation to existing conditions, including topography, without limitation, prepared by the applicant.
   (21)   COUNTY:  The County of Lorain, Ohio.
   (22)   COUNTY RECORDER:  The Recorder of Lorain County, Ohio.
   (23)   COUNCIL:  The City Council of Avon Lake, Ohio.
   (24)   CUL-DE-SAC:  A short street having one open end to traffic and the other end permanently terminated by a vehicle turnaround.
   (25)   DATE OF PASSAGE:  The date upon which this Code was passed by Council.
   (26)   DAY CARE CENTERS:  Any place in which child day care is provided, with or without compensation, for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child day care is provided, with or without compensation, for seven to twelve children at one time. 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 center shall be counted.
(ORC 5104.01(C))
   (27)   DAY CARE HOMES.
   Type A Home:  A permanent residence of the administrator in which child day care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child day care is provided for four to twelve 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. 
(ORC 5104.01(D))
   Type B 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. 
(ORC 5104.01(E))
   (28)   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.
   (29)   DENSITY:  The number of dwelling units permitted per acre of land.
   (30)   DEVELOPER:  See definition of Applicant.
   (31)   DISTRICT:  A part of the City wherein regulations of this Code are uniform as classified by the provisions of Chapter 1230.
   (32)   DRAINAGE EASEMENT:  The legal right to gain access to land required for the construction, reconstruction or maintenance of the open portion of a drainage way.
   (33)   DRIVE THROUGH FACILITY:  Any portion of a building or structure from which business is transacted, or is capable of being transacted. directly with customers located in a motor vehicle during such business transactions. The term "drive through" shall also include "drive-up" and "drive-in".
   (34)   DWELLING:  Any building or portion thereof which is designed and used exclusively by one or more human occupants for the purpose of residing for an extended time. A dwelling may be comprised of more than one dwelling unit.
   (35)   DWELLING, ATTACHED SINGLE-FAMILY:  Single-family dwelling units which are structurally attached to one another, on fee simple footprints and which maintain separate identities, including such elements as separate ground-floor entrances, services and attached garages.
   (36)   DWELLING, CLUSTER SINGLE-FAMILY:  A building designed and used exclusively for occupancy by one family, separated from other dwelling units by open space, and which is grouped with other dwellings on a site.
   (37)   DWELLING, MULTIPLE-FAMILY:  A building or portion thereof containing three or more dwelling units. For the purposes of this Code, a two-family unit connected by a breezeway to a third unit is not considered a multiple-family dwelling. The breezeway is defined as an accessory connection to the main structure.
   (38)   DWELLING, SINGLE-FAMILY:  A detached building designed for or occupied exclusively by one family.
   (39)   DWELLING, TWO-FAMILY:  A building designed for or occupied exclusively by two families living independently of each other.
   (40)   DWELLING UNIT:  A building or portion thereof designed exclusively for residential occupancy by one family and having cooking facilities.
   (41)   EASEMENT:  A right conveyed by the owner of land to another party for a specific limited use of that land.
   (42)   FLOOR AREA, GROSS: The total number of square feet of all floor space contained within the outside surface of the exterior walls of a building or from the centerline of a common wall separating two buildings but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking.  However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.
   (43)   FLOOR AREA OF A DWELLING UNIT:  The sum of the gross horizontal areas of a building devoted to residential use measured from the exterior faces of exterior walls or from the centerline of common walls separating two dwelling units. "Floor Area of a Dwelling, Unit" shall not include an unfinished basement, an attached garage, an attic, terraces, breezeways, open porches, and covered steps.
   (44)   FLOOR AREA RATIO:  The relationship between the total gross floor area of all buildings and the area of a zoning lot, expressed as the ratio thereof, and accounting for all levels, or floors, of all such buildings.
   (45)   FUNERAL HOME:  A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation.  Where a funeral home is permitted, a funeral chapel shall also be permitted.
   (46)   GARAGE, ATTACHED:  A building designed, built or used for the parking and storage of automobiles and constructed in such a manner as to be part of another structure, particularly a dwelling.  The construction of a breezeway between a separate garage building and a dwelling shall be considered to result in making the garage an attached garage. Unless a garage is physically attached to a dwelling, it shall not be considered attached.
   (47)   GARAGE, DETACHED:  A building designed, built or used for the parking and storage of automobiles and which is separate from and not connected to another structure, particularly a dwelling.
   (48)   GASOLINE SERVICE STATION:  An establishment where liquids used as motor fuels are stored and dispensed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products.
   (49)   GROUP HOME FOR PERSONS WITH DISABILITIES:  Any building or portion thereof which is designed and exclusively used for residential purposes by more than three (3) disabled persons, and one or more resident staff, who are not related by blood, adoption or marriage, and who live together as a single housekeeping unit in a single-family dwelling. As used herein, the term "disabled" shall mean having: (a) a physical or mental impairment that substantially limits one or more of such person's major life activities so that such person is incapable of living independently; (b) a record of such impairment, or (c) being regarded as having such an impairment; however, "disabled" shall not include: current illegal use of or addiction to a controlled substance as defined in Section 102 of the Controlled Substances Act (21 U.S.C. 802); a conviction for the sale or distribution of illegal drugs; any person whose residency in the home would constitute a direct threat to the health and safety of individuals or their property.
   The term "residential home for persons with disabilities" does not include "halfway house," or other residential facilities serving as an alternative to incarceration, "nursing home," "rest home," "boarding house," "rooming house," "lodging house," or any other such similar building or use of a building.
   (50)   GUARANTEE:  A collateral agreement to a primary obligation for performance of another's undertaking that binds the guarantor to such performance in the event of nonperformance by the principal obligor on the primary obligation.
   (51)   HALF-STREET:  A public street having only one-half of the right-of-way width legally required by this Code.
   (52)   HOME OCCUPATION:  An occupation for which gain is subordinate and incidental to the use of the premises as a dwelling, carried on by a person in the home in which he or she resides.
   (53)   HOUSEHOLD PETS: Animals, not including livestock, that are customarily kept for companionship and enjoyment within the home.
   (54)   IMPROVEMENT PLANS:  Detailed plans and specifications for the improvements to be constructed in a subdivision. See also definition of Subdivision Improvement Standards.
   (55)   IMPROVEMENTS:  Grading, streets, sidewalks and pedestrian ways, curbs and gutters, water lines, sanitary and storm sewers, drainage facilities, stormwater management facilities, street lights, street trees, recreational facilities, landscaping and other structures or facilities as may be required by this Code.
   (56)   INDOOR COMMERCIAL RECREATION: A land use that encompasses participants being involved in some sporting or athletic activity and that is conducted entirely within a building. “Indoor recreation” includes, but is not limited to, skating rinks, bowling alleys, gymnasia, racquetball clubs and indoor tennis facilities. This excludes adult entertainment as defined in Chapter 1254.
   (57)   JUNK; JUNK BUILDINGS, JUNK SHOPS, JUNK YARDS:  Any personal property which is or may be salvaged for re-use, resale, reduction or similar disposition, or which is possessed, transported, owned, collected, accumulated, dismantled or assembled for such purposes. “Junk building,” “junk shop” or “junk yard” means any land, property, structure, building or combination of the same on which junk is stored or processed.
   (58)   KENNEL:  Any lot or premises on which more than five dogs, five cats, or a combination of dogs and cats that total more than five, more than four months of age, are housed, groomed, bred, boarded, trained, or sold, provided, however, that a kennel shall not include overnight boarding incident to medical care at a veterinary hospital or clinic.
   (59)   LIVESTOCK: Animals that are customarily bred, raised or kept on agricultural property, including but not limited to, horses, ponies, sheep, goats, cattle, swine or any other hoofed animal, llamas and alpacas, emus, ostriches, peacocks, chickens, ducks, geese, and also dwarf or miniature subcategories of such animals.
   (60)   LOT OF RECORD OR PERMANENT PARCEL:  Land designated as a separate parcel on a plat, map, or deed which has been recorded in the office of the Recorder of Deeds of Lorain County prior to the effective date of this Planning and Zoning Code. See also definition of Zoning Lot.
   (61)   MAIN:  The principal artery of any enclosed system of continuous piping to which branches may be connected.
   (62)   MAIN THOROUGHFARE:  A street or road which serves or is intended to serve as a major trafficway within the City and comprises the basic structure of the Municipal street plan.
   (63)   MEMBERSHIP/SPORTS/FITNESS CLUB:  An indoor facility for any number of uses such as game courts, exercise equipment, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.
   (64)   MODEL HOME:  A dwelling unit erected in a subdivision and used initially for display purposes and which typifies the type of units that will be constructed in the subdivision.
   (65)   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.
   (66)   MUNICIPAL ENGINEER:  The Municipal Engineer of the City of Avon Lake, Ohio, as prescribed by Section 38 of the City Charter.
   (67)   MUNICIPALITY:  The City of Avon Lake, Ohio.
   (68)   NIGHTCLUB:  Any commercial establishment where a dance floor or entertainment is provided on a regular basis. See also definition of Bar/Tavern.
   (69)   NONCONFORMING LOT:  A parcel of land which does not comply with either the minimum size, width, or depth requirements of these regulations.
   (70)   NONCONFORMING USE:  A legally established building, structure or use of land which does not conform to the regulations of the district or zone in which it is situated.
   (71)   NURSING HOME: An extended or intermediate care facility which provides skilled nursing and dietary care for persons who are ill or incapacitated or which provides services for the rehabilitation of the persons who are convalescing from illness or incapacitation. The term “convalescent home” is used synonymously with “nursing home.”
      “Nursing home” excludes homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism, or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require restraint.
   (72)   OPEN SPACE:  Any parcel or areas of land essentially unimproved and set aside, dedicated, designated or reserved for public or private use and enjoyment, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space.
   (73)   PARKING LOT:  Any area used for the display or parking of any and all vehicles, boats or heavy construction equipment, whether these vehicles are or are not for sale or lease.
   (74)   PLACES OF WORSHIP:  A building or buildings designed and used primarily for conducting organized public religious services and associated accessory uses. The term “place of worship” includes, but is not limited to, the words “church,” “chapel,” “Kingdom Hall,” “mosque,” “tabernacle,” “temple,” and “synagogue.”
   (75)   PLAN, COMPREHENSIVE LAND USE:  The long range plan, adopted and as may be amended by the Planning Commission, which is intended to guide the growth and development of the City.
   (76)   PLAN, COMPREHENSIVE PARK AND RECREATION:  The Comprehensive Park and Recreation Plan for the City of Avon Lake, adopted and as may be amended by the Planning Commission and Council.
   (77)   PLAN, MASTER SANITARY SEWERS:  The plan, adopted and as may be amended by City Council, which details the program for the control of pollution from combined sewers and a long range plan for the extension of sewerage service to the undeveloped areas of the City.
   (78)   PLAN, MASTER STORM DRAINAGE:  The general plan, adopted and as may be amended by Council, which provides recommended improvements to alleviate existing storm drainage problems and design criteria for drainage improvements in future developments.
   (79)   PLAN, MASTER THOROUGHFARE:  The plan and/or map, adopted by the Planning Commission and Council, indicating the general location and extent of existing and planned streets and other transportation facilities within the City. It may be adopted separately or as a part of the Comprehensive Land Use Plan, and may be amended from time to time as deemed necessary.
   (80)   PLANNING AND ZONING CODE:  Part Twelve of the codified ordinances of the City of Avon Lake.
   (81)   PLANNING COMMISSION:  The Municipal Planning Commission of the City of Avon Lake, as prescribed by Chapter VIII of the City Charter.
   (82)   PLANNING COMMISSION SECRETARY:  The person serving as Secretary to the Planning Commission.  Duties of the Planning Commission Secretary are as outlined in Section 1214.05.
   (83)   PLAT:  The plat of all or a portion of a subdivision which is presented to the Planning Commission and Council for approval. If approved, it shall be submitted to the County Recorder for recording.
   (84)   PROFESSIONAL ENGINEER:  An engineer properly licensed and registered in the State of Ohio.
   (85)   PROFESSIONAL LAND SURVEYOR:  A land surveyor properly licensed and registered in the State of Ohio.
   (86)   PUBLIC NOTICE:  Advance notice of a hearing or proceeding as prescribed in this Code which states the subject matter to be heard and the time and place of the hearing or proceeding, printed once in a newspaper of general circulation in the Municipality.
   (87)   PUBLIC SAFETY FACILITIES:  Police, fire, emergency medical, and similar essential safety services owned and operated by the City, County, or other public agency and which are needed and thus located to provide adequate distribution of such facilities to primarily meet the emergency and safety needs of the City of Avon Lake residents.
   (88)   PUBLIC SERVICE/MAINTENANCE FACILITY:  The erection, construction, alteration, operation, or maintenance of buildings, power plants, or substations, water treatment plants, sewage disposal or pumping plants, bus terminals and other similar public service structures by a public utility, or by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
   (89)   REPAIR GARAGE/SERVICES:  A building or portion of a building in which structural repair, rebuilding or reconditioning of motor vehicles, or parts thereof, is conducted, including collision service; spray painting; body, fender, clutch, transmission, differential, axle, spring, muffler, lube, tires, brake and frame repairs; major overhauling.
   (90)   RESEARCH AND TESTING LABORATORY:  A building or group of buildings for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
   (91)   RESIDENTIAL USE:  The method of practice to which real property or any fixtures upon real property are engaged in a manner reasonably considered residential in nature, appearance, and intent.
   (92)   RESTAURANT, COUNTER SERVICE:  A retail service establishment whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the restaurant building or for carry-out, and where customers are primarily served their food, frozen desserts, or beverages by a restaurant employee at a service counter.
   (93)   RESTAURANT, TABLE SERVICE:  A retail establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale and service of food to patrons seated at tables for consumption within the building.
   (94)   RETAIL AND PERSONAL SERVICES:  Any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors, and similar activities.
   (95)   RETAIL ESTABLISHMENT:  An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows.
   (96)   RIGHT-OF-WAY:  A legal right in a strip of land, for use as a street, a crosswalk, or a railroad, or for an electric transmission line, a gas pipeline water mains, sanitary or storm sewer mains, street trees, street lights or any other special use.
   (97)    SELF-SERVICE STORAGE FACILITY: Real property containing multiple individual spaces utilized for dead storage of personal property and the users of which control access to their spaces. “Self-service storage facility” does not include a garage or other storage area in a private residence. No occupant may use a self-service storage facility for residential purposes.
   (98)   SENIOR CITIZEN HOUSING:  A building or group of buildings that is:
      A.   Provided under any State or Federal program that the Secretary of Housing and Urban Development determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
      B.   Intended for, and solely occupied by, persons 62 years of age or older; or
      C.   Intended and operated for occupancy by persons 55 years of age or older and:
         1.   At least 80 percent of the occupied units are occupied by at least one person who is 55 years of age or older;
         2.   The housing facility or community publishes and adheres to policies and procedures that demonstrate the intent required under this paragraph; and
         3.   The housing facility or community complies with rules issued by the Secretary for verification of occupancy, which shall:
            a.   Provide for verification by reliable surveys and affidavits; and
            b.   Include examples of the types of policies and procedures relevant to a determination of compliance with the requirement of paragraph (98)C.2. hereof.
   (99)   SETBACK, FRONT:  A line established by this Code which is generally parallel to the front property line and defines the minimum distance from such property line that a building, structure or other use may be constructed or placed. (See Figure 2, “Yards”)
   (100)   SETBACK, REAR:  A line established by this Code which is generally parallel to the rear property line and defines the minimum distance from such property line that a building, structure or other use may be constructed or placed. (See Figure 2, “Yards”)
   (101)   SETBACK, SIDE:  A line established by this Code which is generally parallel to the side property line and defines the minimum distance from such property line that a building, structure or other use may be constructed or placed. (See Figure 2, “Yards”)
   (102)   SIGN:  Any identification, description. illustration or device which is affixed to or integrated into a building structure or land, or otherwise situated on a lot, and which is intended to direct or attract attention to, or announce or promote, a product, place, activity, person, institution or business by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images or illuminations.
   (103)   SITE PLAN:  A diagram of a plan, drawn to scale, that explains by lines, words and other symbols, the relationship between the existing site and those changes which are proposed. The plan must show both natural and man-made elements of the site. It may be supplemented by sketches, text, maps, drawings, photographs or other items for the purpose of representing and explaining the overall objectives and features of the plan.
   (104)   STABLE:  Any building used as a place of habitation for herbivorous beasts.
   (105)   STORAGE GARAGE: A commercial or non-commercial establishment in which motor vehicles are stored, serviced and routinely maintained.
   (106)   STORAGE UNIT: An individual, compartmentalized and controlled room, space, access bay, stall or locker in a self-service storage facility.
   (107)   STREET:  A right-of-way dedicated or deeded and accepted for public use, which provides for vehicular and pedestrian traffic.  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 “treelawn”.
   (108)   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.
   (109)   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)
   (110)   STREET, SECONDARY:  A main residential street which carries the burden of local traffic to primary streets.
   (111)   STRUCTURE:  Anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including, but not limited to:  buildings, signs, billboards, farmers' roadside stands, fences, decks, pools, patios, paved areas, including driveways, sidewalks and gazebos, but not including trailers and other vehicles, whether on wheels or other supports.  For the purpose of these regulations as they regulate required setbacks for structures, retention structures, including culverts, are not considered structures under this definition.
   (112)   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, any one of which is less than five acres, for the purpose, whether immediate or future, of transfer of ownership, provided, however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall not be included.
   (113)   SUBDIVISION IMPROVEMENT STANDARDS:  The detailed list of documents, drawings and technical specifications regarding all subdivision improvements compiled and maintained by the Municipal Engineer.
   (114)   SUBMISSION REQUIREMENTS, SUBDIVISION:  The detailed list of documents, drawings and technical specifications, compiled and maintained by the Municipal Engineer and the Planning Commission Secretary and other departments within the City, which must be supplied by the developer or applicant in order to make application for subdivision or lot split approval.
   (115)   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.
   (116)   TRACING:  An original mylar drawing four mills thick with a matte finish on both sides.
   (117)   TRUCK TERMINAL:  Land and buildings primarily used as a relay station for the transfer of a load from one vehicle to another or one party to another. Storage of goods is for only a short duration and the facility can not be used for permanent or long-term storage for principal land uses at other locations. The facility  may include storage and parking areas for trucks and areas for repairing those trucks associated with the facility.
   (118)   USE, ACCESSORY:  A use located on the same lot with the principal use of building or land, but incidental to and constructed subsequent to the principal use of the principal building or land.
   (119)   USE, CONDITIONAL.  A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1250, and which requires a conditional use permit and approval of the Planning Commission and confirmation by City Council in accordance with the standards and procedures of Section 1217.04.
   (120)   USE, PRINCIPAL:  The main purpose of, or activity in, a building, structure or land.
   (121)   VARIANCE: A modification of the literal provisions of this Planning and Zoning Code where such modification will not be contrary to be public interest.
   (122)   VETERINARY HOSPITAL OR CLINIC: A place where animals or pets are given medical or surgical treatment and the boarding of animals is limited to short-term care incidental to the clinic use.
   (123)   YARD, FRONT:  A yard across the full width of the lot extending from the front wall of the building to the front line of the lot (See Figure 2, “Yards”).
   (124)   YARD, REAR:  A yard between the rear wall of the building and the rear line of the lot ( See Figure 2, “Yards”).
   (125)   YARD, SIDE: A yard between the side wall of the building and the side line of the lot, extending from the front wall of the building to the rear wall of the building (See Figure 2, “Yards”).
    (126)   ZONING ADMINISTRATOR:  The individual designated to administer the Planning and Zoning Code of the City of Avon Lake, Ohio.  Duties of the Zoning Administrator may also be performed by a designated agent (See Section 1214.06)
   (127)   ZONING LOT: 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. Any zoning lot which has frontage on an improved public street shall not include any portion thereof which is within such public street as satisfying any area or dimensional requirements in the Planning and Zoning Code.  A zoning lot may consist of:
      A.   A single lot of record;
      B.   A portion of a lot of record;
      C.   A combination of complete lots of record, and portions of lots of record.
   (128)   ZONING LOT AREA: The size of a zoning lot measured within the lot lines and expressed in terms of acres or square feet.
   (129)   ZONING LOT DEPTH: The mean horizontal distance of a zoning lot measured between the front and rear lot lines.
   (130)   ZONING LOT FRONTAGE:  That portion of a zoning lot extending along the street right-of-way
   (131)   ZONING LOT LINE: The boundary line defining the limits of the lot. Lot line is synonymous with “property line”.
      A.   FRONT ZONING LOT LINE: The line separating an interior zoning lot from the street right-of-way on which the zoning lot fronts, or the shortest line of a corner lot that abuts a street, except that when the lot lines abutting streets are of equal lengths, the front lot line shall be the lot line abutting the street having the longest block frontage.
      B.   REAR ZONING LOT LINE: The zoning lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
      C.   SIDE ZONING LOT LINE: Any zoning lot line other than a front rear lot line.
   (132)   ZONING LOT TYPES: Terminology used in this Planning and Zoning Code with reference to corner lots, interior lots and through lots is as follows (See Figure 3):
      A.   CORNER LOT:  A lot abutting on two streets at their intersection where the angle of such intersection is not more than 135 degrees.
      B.   INTERIOR LOT:  A lot with only one frontage on a street.
      C.   THROUGH LOT:  A lot other than a corner lot with frontage on more than one street.  Through lots abutting two streets may be referred to as double frontage lots.
    (133)    ZONING LOT WIDTH:  The horizontal distance between the side lot lines of a zoning lot measured along a straight line parallel to the front lot line at the required front setback line.
   (134)    ZONING MAP:  The “Official Zoning District Map” of the Municipality of Avon Lake, Ohio.
   (135)    ZONING PERMIT:  A written statement, signed by the Zoning Administrator, setting forth that the issuance of a specific building permit would be in compliance with this Code, or that the use of a specific piece of land or structure, or both, would be in compliance with the same.
      (Ord. 52-99.  Passed 3-22-99; Ord. 129-2011.  Passed 12-12-11; Ord. 151-2012. Passed 112-10-12; Ord. 105-2014. Passed 8-25-14; Ord. 106-2015. Passed 8-24-15; Ord. 125-2015. Passed 10-13-15; Ord. 16-2019.  Passed 2-25-19; Ord. 42-2020.  Passed 4-13-20.)