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As used in this chapter, unless the context requires a different meaning:
(1) "Accessory structure" means a structure on the same lot with and of a nature customarily incidental and subordinate to the principal structure.
(2) "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded either by open spaces or lot lines, and which is used as a shelter or enclosure for persons, animals and/or property. This term shall be used synonymously with "structure," unless otherwise noted, and shall be construed as if followed by the words "parts or parts thereof."
(3) "Building Code" means the Building Code of the City, being Part Fourteen of these Codified Ordinances.
(4) "Cord of firewood" means a unit of quantity for cut fuel wood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet.
(5) "Deterioration" means the conditions or appearance of a building or part thereof, characterized by holes, breaks, rot, crumbling, cracking, peeling, rusting or other evidence of physical decay, neglect or lack of maintenance.
(6) "Developed area" means a subdivided land mass where lots comprising eighty percent of the linear feet fronting on a street, to a depth of 300 feet from the street right of way, are occupied with a building or buildings.
(7) "Developed street" means a street where lots comprising eighty percent of the linear feet fronting on such a street between any two intersecting streets are occupied with a building or buildings.
(8) “Driveway” means a roadway-like path with a surface of concrete or asphalt for the egress of vehicles from, and the ingress of vehicles to, a residence or business (but which is not the parking areas of a business), and from and to the right of way for which said residence or business is given an address. Other material may be substituted for concrete or asphalt if approved by express written permission of the Public Works Director. The minimum width of a driveway shall be eight feet.
(9) "Dwelling" means a structure designed for occupancy as a residence by one or more families, each living independently in a separate dwelling unit.
(10) "Dwelling unit" means rooms providing complete living facilities for one family, including equipment for cooking or provision for the same, and individual rooms for living, sleeping and eating.
(11) "Exposed to public view" means any premises or any part thereof, or any building or any part thereof, which may be viewed by the public, or any member thereof, from a sidewalk, street, alleyway or open air parking lot, or from the area of any adjoining or neighboring premises normally used as part of the habitable portion of such premises.
(12) "Exterior of the premises" means those portions of a building which are exposed to public view and the open space of any premises outside of any building erected thereon.
(13) "Fire Chief" means the Chief of the Fire Department of the City.
(14) "Fire hazard" means any thing or act which increases or may cause an increase of the hazard or menace of fire to a greater degree than that customarily recognized as normal by persons in the public service of preventing, suppressing or extinguishing fire, or which may obstruct, delay or hinder or may become the cause of obstruction, a delay or a hindrance to the prevention, suppression or extinguishment of fire, or any other fire hazard defined in these Codified Ordinances.
(15) "Front yard," as pertaining to corner lots, includes lots located on any corner or abutting on two or more thoroughfares requiring a front yard setback pursuant to applicable provisions of the Zoning Code. As it applies to other lots, the front yard is that part of the yard which extends from the front of the building to the City right of way, which right of way is that to which the property is addressed.
(16) "Garbage" means putrescible, animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
(17) "Immediate neighborhood" means an area separated by no appreciable space and specifically denoting a limited number of properties in a very close space relationship to each other, such as properties located within the same block.
(18) "Infestation" means the presence of insects, rodents, vermin or other pests on the premises which constitute a health hazard.
(19) "Mixed occupancy" means any building containing one or more dwelling units or rooming units and also having a portion thereof devoted to nondwelling units.
(20) "Naturally wooded area" means an area of a yard which has been or is trying to be returned to its natural state as part of a landscaping plan to be approved by the Zoning Administrator.
(21) “Nuisance” means and includes:
A. Any public nuisance known in law or as provided by the statutes of the State or the ordinances of the City;
B. Any condition dangerous to human life or detrimental to the health of persons on or near a premises where the condition exists and where the condition is perilous by active and negligent operation thereof;
C. Any unsanitary condition, or anything offensive to the senses or dangerous to health, in violation of this Exterior Maintenance Code; and
D. Fire hazards.
(22) "Operator" means any person who has charge, care or control of a building, structure, dwelling or premises, or part thereof, whether with or without the knowledge and consent of the owner.
(23) "Owner" means the owner or owners of the premises, including the holder of the title thereto, subject to contract or purchase, a trustee, a vendee in possession, a mortgagee or receiver in possession, a lessee or joint lessees of the whole thereof, a tenant, an agent or any other person, firm, corporation or fiduciary directly in control of the premises.
(24) "Premises" means a lot, plat, parcel of land or reclaimed land, including the building or structures thereon.
(25) "Property Maintenance Officer" means the Zoning Administrator of the City.
(26) "Putrescible" means objects that have the ability to decompose or rot.
(27) "Refuse" means all putrescible and nonputrescible solid wastes (except body wastes), including, but not limited to, garbage, rubbish, ashes, street cleaning, dead animals and solid market and industrial wastes.
(28) "Registered mail" means registered or certified mail.
(29) "Roomer" means a person other than a member of the family, as defined in the Zoning Code, who rents one or more rooms in the dwelling from the resident family.
(30) "Roomer unit" means any room or group of rooms forming a single habitable unit other than a dwelling unit, which is rented or available for rent for sleeping purposes, with or without cooking facilities.
(31) "Rubbish" means nonputrescible solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, tin cans, yard clippings, leaves, wood, glass, crockery and similar materials.
(32) "Side yard" means that portion of any yard which is not included in a front yard and which extends parallel from the back building line in relation to the right of way upon which the property abuts and goes forward to the nearest front building line to the abutting right of way.
(33) "Stored" means left on premises and reserved for future, as opposed to present, use, not to exceed thirty days.
(34) "Structure" means a combination of any material, whether fixed or portable, forming a construction.
(35) "Unlicensed motor vehicle" means any motor vehicle, as defined in the Traffic Code, for which a valid license plate can be, but has not been, issued and displayed on such vehicle.
(36) "Vehicle" means a device, including a motorized bicycle, in, upon or by which any person or property may be transported or drawn upon a street or highway, except motorized wheelchairs and devices moved by human power, such as bicycles. (For the purposes of this chapter only, "vehicle" does not include "vehicular recreational equipment," as defined in paragraph (37) hereof.)
(37) "Vehicular recreational equipment" means all campers, travel trailers, mobile or motor homes, converted buses, boats, trailers, whether for the transportation of portable tents, boats or other equipment or materials, and stock cars, none of which may exceed thirty-one feet in length.
(38) "Weathering" means deterioration, decay or damage caused by exposure to the elements.
(39) "Yard waste" means grass, leaves, branches, brush, organic natural matter and organic vegetative matter, but does not include animal waste or food waste, including meat and dairy products.
(40) "Zoning Administrator" means the individual designated to administer the Planning and Zoning Code of the City of Avon Lake, Ohio. Duties of the Zoning Administrator are as stated in Section 1214.06 of the Codified Ordinances.
(Ord. 175-95. Passed 10-23-95; Ord. 252-00. Passed 11-27-00; Ord. 26-2011. Passed 4-11-11; Ord. 43-2014. Passed 4-14-14.)