(a) Words used in this Planning and Zoning Code are used in their ordinary English usage.
(b) However, for the purpose of this Planning and Zoning Code, certain words herein are defined and whenever used in this Planning and Zoning Code, shall have the meaning indicated in this section, except where the context clearly indicates a different meaning.
(1) “Abandoned vehicle.” Any motor vehicle or accessory to the same, licensed or unlicensed, without regard to its age or value, and which is apparently inoperable, or in such condition that it could not be legally operated, or is in an extensively damaged, dilapidated or disassembled condition. For the purposes of this definition, “vehicle” includes but is not limited to automobile, truck, jeep, van, trailer, farm equipment, aircraft and off-road vehicles.
(2) “Access drive.” A paved strip which provides a vehicular connection between off-street parking spaces and a public street.
(3) “Accessory use or structure.” A use or structure on the same lot with, and customarily incidental and subordinate to the principal use or structure.
(3-A) "Animal." Any live or dead dog, canis familiaris; cat, felis cattus; monkey, nonhuman primate mammal; guinea pig, hamster; rabbit or any other warm-blooded animal which is a domesticated pet, or used for exhibition purposes, or is intended for use in research, testing or experimentation. "Animal" excludes livestock and poultry.
(4) “Apartment.” A room or a suite of two or more rooms, in a multi-family dwelling or a commercial building which is designed or intended for, and occupied by, or to be occupied by one family doing its cooking and living therein.
(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, subdivision or lot splits, special uses, development plan approval, variances or appeals. The applicant shall be the owner of the property for which action is being sought or be its representative who shall have express written authority to act on behalf of the owner. Consent shall be required from the legal owner of the premises.
(6) “Association.” A legal entity operating under recorded land agreements or contracts through which each unit owner in a development is a member and each unit is subject to charges for a proportionate share of the expenses of the organization's activities, such as maintaining common open space and other common areas, and providing services needed for the development. An association can take the form of a homeowners' association, a community association, a condominium association or other similar entity.
(7) “Auto repair garage.” A building or part of a building that is used for the major repair, rebuilding or reconstruction of motor vehicles or parts thereof, including collision service, painting, washing and steam cleaning of vehicles.
(8) “Auto service station.” A building, part of a building, structure or space which is used for the retail sale of lubricants and motor vehicle accessories, the routine maintenance and service and the making of repairs to motor vehicles, except that repairs described as major repairs in the definition of “Auto Repair Garage” shall not be permitted.
(8A) "Auto detailing." An extremely thorough cleaning, polishing and waxing of a motor vehicle, both inside and out, to produce a show-quality level of detail. “Auto detailing” includes the installation of accessories such as electric start, sound systems, running lights and the like.
(9) “Basement.” A story having not more than one-half of its height above the finished grade. A basement is counted as a story for the purpose of height regulations if it is subdivided and used for dwelling purposes other than by a janitor employed on the premises.
(10) “Board.” The Board of Zoning and Building Appeals of the City of Avon, Ohio.
(11) “Building.” Any structure having a roof supported by or suspended from columns or walls and that is intended to be used for the shelter or enclosure of persons, animals, or property. The term "building" does not include any vehicle, trailer (with or without wheels), or any removable device, such as furniture, machinery, or equipment.
A. “Building, accessory.” A subordinate building detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the principal building.
B. “Building, principal.” A building in which is conducted the main or principal use of the lot on which the building is situated.
(12) “Building coverage.” The total area of a site covered by principal and accessory buildings or roofed areas, excluding allowed projecting eaves, balconies, and similar features.
(13) “Building line.” An imaginary linear extension of the building wall parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the side yard abutting the street.
(14) "Building, height of." The vertical distance measured from the average finished grade across the front of the building to the highest point of the roof.
(15) “Block.” A tract 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.
(15-A) “Bulk material." Material ordered, stored, issued, and sold by weight (such as bar stock or minerals), volume (such as mulch, sand, rock or gravel), or by footage (such as lumber). LPG (liquified petroleum gas, CNG (compressed natural gas) or hazardous materials in a gaseous or liquid form, measured in volume, are not included in this definition.
(16) “Clerk.” The Clerk of Council.
(16-A) "Commercial Farm." A parcel of land having a principal, special or accessory use of agriculture; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine, and furbearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod or mushrooms; forestry and forestry products; pasturage; any combination of the foregoing; the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to such husbandry or production. The use of the land shall not include the commercial feeding of garbage to livestock.
"Commercial Farm" includes the raising of animals for medical experimentation, commercial dog kennels and animal boarding facilities and commercial riding stables for riding academies. Generally applies where any animals are used for hire, or where furbearing animals are bred or raised for the sale of pelt, or meat, or where a permanent sign is erected to indicate the presence of the kennel or stable or academy.
(16-B) "Commercial farm building." A building or structure accessory to a commercial farm and primarily occupied with, activities involving the products of that farm such as propagating, growing, processing, storage, marketing, packaging for sale or distribution, shipping, wholesaling, or retailing including but not limited to a greenhouse, fruit and vegetable market, roadside stand, and similar buildings.
(17) “Commercial vehicle.” Any motor vehicle licensed by the state as a commercial vehicle.
(18) “Commission.” The Planning Commission.
(19) “Congregate care facility.” A residential facility to provide for the needs of individuals who are elderly or handicapped and such facility shall consist of: residential dwelling units (for Senior Independent Living and Assisted Living) and/or beds (for nursing care) designed specifically for the elderly or handicapped; common food preparation facilities with sufficient capacity to serve three (3) meals per day to the residents; a common dining room with the capacity to serve all the residents of the facility in one sitting at each meal; a common living room; common social and recreational facilities; and the provision of transportation to meet the needs of residents to such destinations as shopping, medical appointments and social, cultural and recreation facilities and events.
A. “Continuing Care Retirement Community” (also referred to as “CCRC”) is a Congregate Care Facility, or a campus of Congregate Care Facilities, that provides three levels of housing and care (Senior Independent Living, Assisted Living and Skilled nursing Care) for people primarily aged 62 years or over and all normal and necessary support facilities such as: recreational opportunities, personal care needs, the sale of accessory retail goods and services within the buildings.
B. “Senior Independent Living” is a Congregate Care Facility that is only permitted as a portion of a Continuing Care Retirement Community or in association with Assisted Living and when such Senior Independent Living portion of the facility is occupied by persons 62 years of age or older and the entire development is owned and operated as a single management entity.
C. “Assisted Living” is a Congregate Care Facility, or portion thereof, that provides Assisted Living Services that includes: laundry, housekeeping and at least one staff person on duty 24 hours each day.
D. “Beds (for Nursing Care) designed specifically for the elderly and handicapped” means a bed that has been counted for certification, licensure, eligibility for Medicare or Medicaid payment formulas, or other purposes related to the elderly and handicapped.
(19-A) “Coop.” Any cage, structure or building where animals are bred or raised.
(20) “Council.” The City Council of the City of Avon.
(21) “Covenant.” A written promise or pledge.
(22) “Culvert.” A transverse drain that channels under a bridge, street or driveway.
(23) “Day care.” Administering to the needs of persons other than by their children, parents, guardians, custodians, or relatives for any part of the 24-hour day, in a place other than the person's own home.
(24) “Day care facility.” Any place other than a family day care home in which day care for adults and/or children is provided.
(25) “Deck.” A structure directly adjacent to a principal building, any part of which does not exceed the first floor elevation of the principal building, and that may or may not have railings or access to the ground, but does not contain walls or a roof. May also be referred to as a patio.
(26) “Density.” The number of dwelling units per acre of land. More specifically:
A. “Gross density.” The number of dwelling units per acre of the total land developed.
B. “Net density.” The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(26A) “Designated landmark.” An individual property which has outstanding historical and cultural significance in the nation, region, or community. The designation "historic landmark" recognizes that the historic place, or the building(s), structure(s), accessory building(s), fences, or other appurtenances at the place are of basic and vital importance for the preservation of culture and the development of tourism. Landmarks are designated by the City's Landmarks Preservation Commission pursuant to the City Charter.
(27) “Developer or subdivider.” An individual, subdivider, firm, association, syndicate, partnership, corporation, trust, or any other legal entity commencing proceedings under this Planning and Zoning Code to effect a land development or a subdivision of land hereunder for himself or herself or for another.
(28) “Development plan.” A plan prepared to scale, showing accurately and with complete dimensioning the boundaries of the site, the location of buildings, landscaping, parking areas, access drives, signs, outdoor storage areas and any other features that comprise a proposed development.
A. “General development plan.” A plan indicating the overall concept of development for an entire site and including the elements required in Section 1228.06.
B. “Final development plan.” A plan indicating the exact data of the various features proposed for development, and including the elements required in Section 1228.07.
(29) “Drive-thru 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-thru" shall also include "drive-up" and "drive-in," but shall not include Car Wash, Gasoline Station and Auto Service Station.
(30) “Dwelling.” Any building or portion thereof which is designed as or used for non-transient residential purposes.
(31) “Dwelling, attached single-family.” A building arranged, intended or designed to provide a sequence of dwelling units, attached by common fireproof walls, each unit having a separate entrance and exit facility on the ground floor, and such building containing no common lobby, foyer or similar hallway serving more than one unit.
(32) “Dwelling, cluster single-family detached.” A building designed and used exclusively for occupancy by one family on a building lot of record, separated from other dwelling units by open space, and which is grouped with other dwellings on a site, and where property ownership outside the building envelopes is commonly held by all single-family cluster dwellings in the cluster development.
(33) “Dwelling, detached single-family.” A dwelling unit designed and used for one family, situated on a parcel having front, sides, and rear yards as required by the Planning and Zoning Code, and separated from all other dwelling units by open space from ground to sky.
Figure 2 – Dwelling, Single Family Detached on a Lot
(34) “Dwelling, single-family.” A building designed or arranged for use by a single family, consisting of one dwelling unit only, separated from other dwelling units by open space.
(35) “Dwelling, two-family.” A dwelling consisting of two dwelling units which may either be attached side by side, or one above the other, and each unit having a separate or combined entrance or entrances.
(36) “Dwelling, multi-family.” A building or portion thereof designed for occupancy by three or more families living independently of each other in three or more dwelling units where the units are separated by party walls with varying arrangements of entrances.
(37) “Dwelling unit.” A building or portion thereof providing complete housekeeping facilities including kitchen and toilet facilities for only one family. A garage shall not be included as part of the dwelling unit.
(38) “Easement.” An authorization by a property owner for the use of a designated part of his or her property by another for a specified purpose.
(39) “Engineer, city.” The duly designated Engineer of the City, or the Engineer assigned by the City to any specific project.
(40) “Facilities and appurtenances.” Includes water system wells, pump stations, water storage and treatment facilities and appurtenances, valves, hydrants and curb connections; sanitary sewage pump stations, treatment plants, manholes, curb connections, storm sewer manholes, curb inlets, catch basins, culverts, headwalls and open drainage channels; street lighting fixtures, pole supports, controls and wiring; and such other construction as may be deemed necessary to effect a completed system of any of the major items listed in this division.
(41) “Family.” One individual, any number of individuals related by blood, adoption, foster or marriage plus no more than two unrelated individuals, or not more than four unrelated individuals occupying a dwelling unit and living as a single housekeeping unit, but not including groups occupying a hotel or motel as herein defined.
(42) “Family day care home, Type B.” A permanent residence of the provider in which child day care or child day care services are 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 the division, any children under six years of age who are related to the provider and who are on the premises of the Type B home shall be counted. "Type B family day-care home" does not include a residence in which the needs of children are administered to 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.
(43) “Farm.” A parcel of land having a principal, special or accessory use of agriculture; ranching; aquaculture; apiculture; horticulture; viticulture; animal husbandry, including but not limited to the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod or mushrooms; forestry and forestry products; pasturage; any combination of the foregoing; the processing, drying, storage and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to such husbandry or production. The use of the land shall not include the commercial feeding of garbage to livestock. “Farm” does not include the raising of animals for medical experimentation, commercial dog kennels and animal boarding facilities; and commercial riding stables for riding academies.
A. “Accessory farm building.” Any building or structure accessory to a farm.
B. “Commercial farm building.” A building accessory to a farm and primarily occupied with, activities involving the products of that farm such as propagating, growing, processing, storage, marketing, packaging for sale or distribution, shipping, wholesaling, or retailing including but not limited to a greenhouse, fruit and vegetable market, roadside stand, and similar buildings.
(44) “Fence.” A structure or continuous barrier erected around, or by the side of, any open space to prevent passage or for protection.
(45) “Fleet vehicles.” 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.
(46) “Floor area, gross.” The total number of square feet of all floor space contained within the outside surface of the exterior faces of exterior walls or from the centerline of common walls 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 regulations.
(47) “Funeral home.” A building or part thereof used for human funeral services. Such building may contain space and facilities for embalming and the performance of other services used in preparation of the dead for burial; the performance of autopsies and other surgical procedures; the storage of caskets, funeral urns, and other related funeral supplies; and 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.
(48) “Garage.” An attached or detached accessory building located on the same lot as the dwelling or portion of the dwelling that is enclosed on all sides and designed to store motor vehicles and other normal household accessories of the residents of the principal building, including travel trailers and/or boats, with no facilities for mechanical service or repair of a commercial or public nature.
(49) “Garage sale.” The sale of used household and other items conducted from or on a residential premises/personal property in any residential zone, as defined by this Planning and Zoning Code. “Garage sale” includes but is not limited to lawn, basement, yard, attic, porch, room, backyard, patio, tag, estate or rummage sale.
(50) “Garden center.” A business establishment where products are sold at retail or wholesale, these products being primarily used in residential and commercial landscapes, gardens, or indoor horticulture including but not limited to:
A. Living plants including but not limited to trees, shrubs, flowering plants, vegetable plants, and indoor decorative plants;
B. Soils, fertilizers, and other products in containers or loose/ unpackaged used for landscaping, gardening, and maintenance of living plants;
C. Tools, hardware, containers, machines, and related products used for landscaping, gardening, and maintenance of living plants;
D. Decorative items used in landscapes and gardens including but not limited to statuary, artwork, fences, stones, and fountains.
Except as otherwise required by applicable building and health codes, garden center uses may be largely or entirely conducted outdoors.
(50-A) “Gasoline 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.
(51) “Grade, finished.” The average level of the finished surface of ground adjacent to the exterior walls of the building after final grading and normal settlement.
(52) “Grade, natural.” The elevation of the undisturbed natural surface of the ground prior to any recent excavation or fill.
(53) “Handicapped.” A physical or mental impairment, as defined in 42 USC 3602(h), that substantially limits one or more of such person's major life activities, so that such person is incapable of living independently. However, "handicapped" shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in a home would constitute a direct threat to the health and safety of other individuals.
(54) “Highway director.” The Director of the Ohio Department of Transportation.
(55) “Home for handicapped persons, family.” A residential facility that provides room and board, personal care and supervision in a family setting for five to eight handicapped persons (see “Handicapped”). One to four persons, including resident staff, living in such a residential facility constitute a family for the purposes of this Planning and Zoning Code (see “Family”), and are not subject to the special use regulations for family homes. The term “family home for handicapped persons” does not include “halfway house” or other housing facilities serving as an alternative to incarceration, “nursing home,” “rest home,” “boarding house,” “rooming house,” “lodging house,” “residential treatment home/center,” “special care home,” or any other such similar building or use of a building.
(56) “Home for handicapped persons, group.” A residential facility that provides room and board, personal care and supervision in a family setting for at least nine handicapped persons. The term “group home for handicapped persons” does not include “halfway house” or other housing facilities serving as an alternative to incarceration, “nursing home,” “rest home,” “boarding house,” “rooming house,” “lodging house,” “residential treatment home/center,” “special care home,” or any other such similar building or use of a building.
(57) “Home occupation.” An occupation or business activity carried on in a dwelling unit which is subordinate and incidental to the use of the premises as a dwelling, and which is conducted only by members of the immediate family residing on the premises.
(58) “Hotel.” A building containing sleeping accommodations for transient occupancy for compensation on a daily rate.
(59) “Hospital.” An institution providing primary health services and medical or surgical care to persons, primarily inpatients suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions, and including, as an integral part of the institution, related facilities such as laboratories, outpatient or training facilities. Unless otherwise specified, the term “hospital” shall be deemed to include sanitarium, sanatorium and preventorium
(59-A) "Hutch." Any cage, structure or building used for raising, breeding, keeping, lodging, or feeding of animals or livestock.
(60) “Improvements.” Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(61) “Indoor recreation.” An indoor facility for any number of uses such as game courts, exercise equipment, exercise and/or dance floor area, pools, locker rooms, spa, whirlpool or hot tub, and which may include an accessory retail shop for the sale of related equipment.
(62) “Joint development.” The development of two or more adjacent lots that share common facilities such as parking areas and access drives.
(63) “Junk yard.” The use of more than 25 square feet of any open space land, building, or structure used to place store or dump, whether for private and/or commercial purposes, discarded or salvaged materials such as but not limited to scrap metals, used building materials, used lumber, used glass, used computers, discarded motor vehicles or parts of motor vehicles, plastic, iron, paper, rags, rubber, cordage, barrels, or other similar materials.
(63-A) “Keeping.” Or “harboring” an animal, livestock or poultry includes allowing an animal, livestock or poultry to remain or be lodged or fed within a building, enclosure or yard, or maintaining such animal, livestock or poultry in one's custody or control.
(63-B) “Kennel.” Any structure or building where dogs are bred, trained or boarded.
(64) “Land development.” The improvement of any land, whether or not platted or subdivided, by the addition of roadways, utilities, commercial or industrial buildings or dwellings, whether or not individual dwelling units are privately-owned.
(64-A) "Livestock." Horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bullocks, steers, heifers, cows, calves, mules, jacks, jennys, burros, goats, kids, swine, donkeys, llamas, alpacas and any animals normally found in the wild state which are being kept for exhibition purposes or as private pets. 668.01(f).
(65) “Living fence.” A natural plant species that has been planted to form a continuous barrier to prevent passage or for protection. Unless otherwise provided, a living fence shall be considered a fence for purposes of this Planning and Zoning Code.
(66) “Loading and unloading 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.
(67) “Location map.” A drawing located on the plan which sets forth, by dimensions, the relationship of the proposed subdivision or use to other nearby developments, landmarks and community facilities and services in the County and adjacent communities, in order to better locate and orient the area in question.
(68) “Lot.” A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage and area and to provide such yards and other open spaces as are required by this Planning and Zoning Code. A lot shall have frontage on an improved public or private street and may consist of the following:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or portions of lots of record.
(69) “Lot coverage.” See definition (12), “Building Coverage.”
(70) “Lot depth.” The distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear.
(71) “Lot frontage.” The lot line which adjoins the street right-of-way. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage.
(72) “Lot line.” The boundary line defining the limits of the lot. “Lot line” is synonymous with “property line.” More specifically:
A. “Lot line, front.” The line separating an interior zoning lot from the street right-of-way on which the 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. “Lot line, rear.” The 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. “Lot line, side.” Any lot line other than the front or rear lot line.
(73) “Lot area.” The area computed exclusive of any portion of the right-of- way of the public or private street, the proposed right-of-way, or any easements.
(74) “Lot of record.” A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has also been so recorded prior to the adoption of the original ordinance of the City.
(75) “Lot types.” Terminology used in this code with reference to corner lots, interior lots, out lots, through lots, and reversed frontage lots is as follows:
A. “Corner lot.” A lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost point of the lot meet at an angle of less than 135 degrees.
B. “Flag lot.” A lot utilizing a strip of land to provide access to or legal frontage on a public street, but where the majority of the area of the lot is situated immediately behind one or more lots (front lots) relative to the street right-of-way to which such lot has access. Such lots are also commonly referred to as “rear lots” and “panhandle lots.”
C. “Interior lot.” A lot other than a corner lot with only one frontage on a street.
D. “Out lot.” Property shown on a subdivision plat outside of the boundaries of the land to be developed, which property is to be excluded from the development of the subdivision.
E. “Reversed frontage lot.” A lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
F. “Through lot.” A lot, other than a corner lot, with frontage on more than one street. A through lot abutting two streets may be referred to as a double frontage lot. Such lots are commonly referred to as double frontage lots.
Figure 3 – Lot Type
(76) “Lot width.” The distance between straight lines connecting the front and rear lot lines at each side of the lot, measured at the building line. Lot width shall be measured as follows:
A. Where lot lines diverge away from the street line and one of the lot lines makes less than a 90-degree interior sublot angle with the street line, or the chord of a curved street line, the width shall be measured along the perpendicular to the lot line at the building line. The perpendicular most removed from the street line shall be used. (See Figure A at the end of this chapter).
B. Where lot lines diverge away from the street line and both lines make more than a 90-degree interior sublot angle with the street line, or the chord of a curved street line, the width shall be measured along a line connecting the intersection points of the lot lines with the building line. (See Figure B at the end of this chapter).
C. Where lot lines converge from the street line and one of the lot lines makes less than a 90-degree interior sublot angle with the street line, or the chord of a curved street line, the width shall be measured along the perpendicular to the lot line at 100 feet by right angle measure, or at 100 feet along a radial of a curved street, from the street line. The perpendicular line most removed from the street line shall be used. (See Figure C at the end of this chapter).
D. Where lot lines converge from the street line and both lot lines make less than a 90-degree interior sublot angle with the street line, or the chord of a curved street line, the width shall be measured along a line connecting the intersection points of the lot liens with a line parallel to and 100 feet from the street line. (See Figure D at the end of this chapter).
(77-A) “Major recreational vehicles.” Includes boats and boat trailers, travel trailers, pick-up campers or coaches (designed to be mounted on automotive vehicles), motorized dwellings, tent trailers and the like, and cases or boxes used for transporting recreational equipment, whether occupied by such equipment or not.
(77-B) “Major thoroughfare plan.” The comprehensive plan made and adopted by the Planning Commission, indicating the general location recommendations for the arterial, local and collector streets in the City and/or all unincorporated areas within three miles thereof.
(78) “Manufactured home.” A dwelling unit fabricated at an off-site manufacturing facility for installation or assembly at the building site, bearing a label certifying that it is built in compliance with the Federal Manufactured Housing Construction and Safety Standards Act of 1974 (42 USC 5401 et. seq.) and all applicable regulations of the City.
(79) “Master plan.” The officially adopted Comprehensive Plan for the City as revised from time to time.
(80) “Mini/self storage.” A self-service storage facility comprised of individual storage units available to rent or own but restricted to personal, private access. In the case of the "self-storage condominium", this is a self-service condominium storage facility that is comprised of a building or complex of buildings containing individual, compartmentalized storage units that are owned by different individuals for the storage of individual possessions, that is restricted to personal, private access and which includes common areas, such as but not limited to access drives, parking spaces, and the open space surrounding the buildings, that are owned and maintained by an owners' association.
(81) “Mobile home.” A dwelling unit designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway, and not in compliance with the Federal Manufactured Housing and Construction Safety Standards Act of 1974.
(81) “Mobile home.” A dwelling unit designed to be transported on highways, and when arriving at the site for placement involving only minor and incidental unpacking, assembling and connection operations, but which involves no substantial reconstruction which would render the unit unfit as a conveyance on the highway, and not in compliance with the Federal Manufactured Housing and Construction Safety Standards Act of 1974.
(82) “Model home.” A residential structure or series of structures that complies with the setback requirements and which is built with the purpose of displaying the craftsmanship of the builder/developer of that unit. The unit initially serves as a marketing tool to sell future, similar units on other lots but then is occupied as a residential structure.
(83) “Monuments.” Permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(84) “Motel.” See definition (58), “Hotel.”
(85) “Nonconforming building.” A building existing when the prior Planning and Zoning Code (Ordinance 413-68, passed January 15, 1969) or any amendment thereto became effective, which does not conform to the regulations governing buildings of the district in which it is located.
(86) “Nonconforming lot.” A lot lawfully existing on the effective date of the prior Planning and Zoning Code (Ordinance 413-68, passed January 15, 1969) or any amendment thereto, which on such effective date, does not conform to the lot area, width or frontage requirements of the district in which it is located.
(87) “Nonconforming site condition.” Any structure lawfully existing on the effective date of the prior Planning and Zoning Code (Ordinance 413-68, passed January 15, 1969) or any amendment thereto, which on such effective date, does not conform to the yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.
(88) “Nonconforming use.” Any building or land lawfully occupied by a use at the time of passage of the prior Planning and Zoning Code (Ordinance 413-68, passed January 15, 1969) or any amendment thereto, which does not conform with the regulations of the zoning district in which such building or land is situated.
(89) “Open space.” An area open to the sky.
(90) “Open space, common.” The portion of the open space within a development that is of sufficient size and shape to meet the minimum zoning requirements of which further developed is restricted according to the provisions of the Zoning Code. The area may include, along with the natural environmental features, swimming pools, tennis courts and other recreational facilities that the Planning Commission deems permissible.
(91) “Outdoor display.” An outside area devoted to the viewing from the street of a representative sample or retail goods and merchandise for sale, rent, or lease from the premises.
(92) “Outdoor recreation facility.” A facility for recreational uses that are conducted primarily outdoors as opposed to an indoor recreational facility.
(92-A) “Outdoor recreational equipment.” Outdoor recreational equipment for use on residential property, such as ice rinks, swing sets, play yards, forts, badminton, volleyball, tetherball, trampolines, basketball hoops, (including backboards and poles), regardless of material or construction.
(93) “Outdoor storage.” The keeping, in an area outside of a building, of any goods, material, merchandise, or vehicles in the same place for more than 24 hours, except for merchandise placed in an area for outdoor display.
(94) “Parking space, off-street.” An area adequate for parking an automobile, with room for opening doors on both sides, together with properly related access to a public street or alley right-of-way.
(95) “Place of worship.” A building, structure, or other indoor or outdoor facility used for public worship. The word “place of worship” includes the words “church,” “chapel,” “synagogue,” and “temple” and their uses and activities that are customarily related.
(96) “Plat.” A map, or layout of a subdivision, or lot indicating, by accurate distances and bearings, the location and boundaries of individual properties.
(96-A) “Poultry.” All domesticated fowl and all game birds which are legally held in captivity.
(97) “Principal use.” The use that is of primary importance or which is the predominant use on a parcel of land.
(98) “Project boundary.” The boundary defining the tract of land which is included in a proposed development to meet the minimum required project area for a planned residential development or multi-family development. The term “project boundary” shall also mean “development boundary.”
(99) “Public hearing.” An adjudicatory proceeding at which certain persons, including the applicant, may call witnesses and introduce evidence for the purpose of demonstrating that an application should or should not be granted.
(100) “Property line. See definition (81), “Lot Line.”
(101) “Public notice.” Advance notice of a public hearing or proceeding as prescribed in this Planning and Zoning Code, which states the subject matter to be heard and the time and place of the hearing or proceeding, sent via first-class mail with a certification of mailing to the record title holders of property immediately adjacent to, adjoining, abutting and directly across the street from the property for which the public hearing or public proceeding is to be held.
(102) “Public meeting.” A meeting proceeded by notice, open to the public and at which the public may, at the discretion of the body holding the public meeting, be heard.
(103) “Public safety facility.” Any structure owned and operated by a government agency for the purpose of housing safety agencies such as fire and/or police facilities and their associated offices.
(104) “Public service facility.” A structure providing for public services, such as power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants, and other similar public service structures operated by a public utility, by a public or private railroad, or by a municipal or other governmental agency.
(105) “Public use.” Any use of a building or land by the City or by any other governmental entity for any public purpose.
(106) “Public utility.” Any entity certified by the Public Utility Commission of Ohio as a public utility, including electrical and gas transmission facilities, telephone equipment, wastewater treatment plants, and other utility installations.
(107) “Public utility substation.” Any above-ground device of a culinary water, irrigation, sewer, natural gas, electrical or other public or private utility system intended to regulate the function of a utility line.
(108) “Public way.” An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other way in which the general pubic or a public entity has a right or which is dedicated, whether or not improved.
(109) “Record title holder.” The title holder of property as disclosed by the records of the County Auditor.
(110) “Recyclable materials container.” A “recyclable materials container” is an enclosed receptacle used for the temporary storage of discarded materials which are collected and processed to be used as raw materials or products for which the monetary proceeds from the collection of said materials benefits a governmental or charitable entity as defined in the U.S. Tax Code and located in the City of Avon. Recycle materials containers as defined herein are not considered “waste storage” and not subject to the requirements set forth in Section 1294.07 of the Planning and Zoning Code.
(111) “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.
(112) “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 not served their food, frozen desserts, or beverages by a restaurant employee at the same table or counter where the items were consumed.
(113) “Restaurant, table service.” A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the sale of food and service to patrons seated at tables for consumption within the building.
(114) “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.
(115) “Roadside stand.” A structure with no space within the structure for customers, and not intended to be a permanent fixture on the lot. Such structure shall be used for the retail sales of fresh fruits, vegetables, flowers, herbs, or plants grown on the premises. The use of such stand may also involve accessory sales of other nonprocessed foodstuffs and home processed food products such as jams, jellies, pickles, sauces, or baked goods. No commercially packaged handicrafts or commercially processed or packaged foodstuffs shall be sold at a roadside stand.
(115-A) “Runways.” Any area with definite boundaries and in which animals are confined.
(115-B) “Senior Housing.” a residential development that is designed for senior citizens and age restricted so that at least eighty (80) percent of the units must have at least one occupant who is 55 years of age or older.
(116) “Setback line.” A line established by this Planning and Zoning Code, generally parallel to and measured from the lot line, defining the limits of a yard in which no building or other structure may be located aboveground, except as may be provided in this Planning and Zoning Code.
(117) “Sidewalk.” That portion of the road right-of-way outside the roadway that is improved for the use of pedestrian traffic.
(118) “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. Additional sign definitions are set forth in Section 1290.02.
(119) “Similar use.” A use not specifically listed in any of the schedules of permitted uses of any district, but which may be found similar by the Planning Commission and added to a schedule for a particular district.
(119-A) “Stables.” Any structure or building used for the keeping, lodging or feeding of livestock.
(120) “Standard detail plans.” The plans showing engineering details for construction improvements.
(121) “Street.” A vehicular way.
(122) “Street, public.” A public dedicated way for vehicular traffic, including but not limited to a road, highway, drive, lane, avenue, place, parkway, and boulevard that affords vehicular access to abutting property.
A. “Alley.” A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. “Arterial street or primary street.” A highway used primarily for through traffic, carrying a heavy load and a large volume of traffic, usually on a continuous route.
C. “Collector street.” A thoroughfare, whether in a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes in residential subdivisions.
D. “Cul-de-sac.” A local street of relatively short length with one end open to traffic and the other end permanently terminated in a vehicular turnaround.
E. “Dead-end street.” A street temporarily having one end closed to traffic and intended to be extended or continued in the future.
F. “Freeway.” A divided high-volume traffic way for through traffic and for the connection of the major districts of the City and having limited access and grade-separated intersections.
G. “Local street or minor street.” A street used primarily for providing access to residential, commercial or other abutting property.
H. “Loop street.” A type of local street, each end of which terminates at an intersection with the same arterial or collector street, whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from such arterial or collector street nor normally more than 600 feet from each other.
I. “Marginal access street or frontage street.” A local collector street, parallel and adjacent to an arterial or collector street, which provides access to abutting properties and protection from arterial or collector streets.
(123) “Street, private.” A street that is owned and maintained by a corporation, association, or other legal entity.
(124) “Street, service.” A driveway or private street which services a commercial, industrial, multi-family or cluster development.
(125) “Street right-of-way.” A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water lines, sewer lines, lighting and drainage facilities.
(126) “Street right-of-way line.” The dividing line between a lot and the right-of-way of a public street.
(127) “Structure.” Anything constructed or erected, with a fixed location on the ground, or attached to something having a fixed location on the ground. “Structure” includes but is not limited to buildings, walls, fences, billboards and poster panels.
(128) “Structural alterations.” Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical contents of the building.
(129) “Subdivision.” The division of any parcel or 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. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street, except private streets serving industrial structures, and the division or allocation of land as open space for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other facilities.
(130) “Surveyor.” A person registered to practice surveying in the State of Ohio.
(131) “Superblock.” A block of exceptionally large size in both dimensions with access to interior lots by cul-de-sacs branching in from surrounding streets and providing one or more open spaces.
(132) “Swimming pool.” An outdoor structure capable of containing in excess of 1½ feet of water at its deepest point and having more than 100 square feet of water surface.
(133) “Swimming pool, community or public.” A swimming pool or facility operated with a charge for admission or requiring membership and constituting a principal use on a lot.
(134) “Swimming pool, private.” A swimming pool or facility exclusively used by the residents and guests of a single household or a multi-family development, and located on a lot as an accessory use to a dwelling or residential development.
(135) “Variance.” A modification of the strict terms of this Planning and Zoning Code where a literal enforcement of this Planning and Zoning Code would result in practical difficulty.
(136) “Waiting space.” An unenclosed area outside the public right-of-way that accommodates customers in vehicles being served or waiting to be served at a drive-thru facility, car wash, gasoline station, or other similar use. Also known as stacking space.
(137) “Walkway.” A dedicated public way for pedestrian use only, whether or not along the side of a road.
(138) “Warehouse.” A building used primarily for the storage of goods and materials which are intended for future sale or use, but specifically excluding mini/self-storage facilities.
(139) “Watershed.” The drainage basin in which the subdivision drains, or that land whose drainage is affected by the subdivision.
(140) “Wholesale.” The sale of goods in the piece or in large quantities to retailer or jobbers, rather than to customers.
(141) “Wireless telecommunication facility.” See Chapter 1284.
(142) “Yard.” An open space on the same lot with a principal use or building extending between a building or structure and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upwards except as otherwise permitted by this Planning and Zoning Code.
A. “Front yard.” A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
B. “Rear yard.” A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.
C. “Side yard.” A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear side yards.
Figure 4 - Yards and Required Yards
(143) “Yard, required.” The space between a lot line and a setback line for a building, parking area or use that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structures shall be located except as expressly permitted in this Planning and Zoning Code.
(144) “Zoning Enforcement Officer.” The individual designated to administer the Planning and Zoning Code of the City. Duties of the Zoning Enforcement Officer may also be performed by a designated agent.
(145) “Zoning map.” An accurate map depicting the City, and indicating the boundaries of the zoning districts established by this Planning and Zoning Code.
(Ord. 58-01. Passed 5-29-01; Ord. 186-01. Passed 1-28-02; Ord. 40-03. Passed 4-14-03; Ord. 218-03. Passed 11-10-03; Ord. 29-05. Passed 3-28-05; Ord. 138-06. Passed 1-8-07; Ord. 24-11. Passed 4-25-11; Ord. 34-12. Passed 7-9-12; Ord. 24-15. Passed 4-13-15; Ord. 76-16. Passed 7-11-16; Ord. 29-20. Passed 4-27-20; Ord. 51-21. Passed 8-9-21; Ord. 59-23. Passed 5-22-23.)
MEASUREMENT OF LOT WIDTH
(Ord. 58-01. Passed 5-29-01.)
MEASUREMENT OF LOT WIDTH
(Ord. 58-01. Passed 5-29-01.)