§ 1283.02 DEFINITIONS.
   (A)   The intent of this section is to further define words used in this Chapter 1283 , that are shown in quotation marks.
   (B)   If the definitions in this chapter are in conflict with other chapters of the Code of Ordinances, definitions of Codified Ordinance Chapter 1283 take precedence.
   (C)   Terms used in this chapter are defined below.
      “Accessory building.” A detached structure such as a garage, shed, playhouse, storage building, out-building, gazebo, pavilion, pool house, spa, hot tub; or any other enclosed or open-air residential structure not intended for sleeping quarters or living space. Cannot be used for any commercial use or vehicle storage. Must be one story only.
      “Assisted living.” Housing facility for persons with disabilities or failing health due to age or illness. These facilities provide supervision or assistance with activities of daily living, coordination of services by outside health care providers, and monitoring of residents’ activities to help to ensure their health, safety, and well-being.
      “Change of occupancy and use.” A modification by an owner, developer, or tenant which creates a change of occupancy, use, or number of occupants of a building; or a change in land use from that listed in a proposed zoning district.
      “Cornice.” Is generally any horizontal decorative molding that crowns a building: the “cornice” over a door or window, for instance, or the “cornice” around the top edge of a pedestal or along the top of an interior wall. A “simple cornice” may be formed just with a crown molding. The function of the “projecting cornice” of a building is to throw rain water free of the building’s walls. In residential building practice, this function is handled by projecting gable ends, roof eaves, and gutters. However, house eaves may also be called “cornices” if they are finished with decorative molding. In this sense, while most “cornices” are also eaves (in that they overhang the sides of the building), not all eaves are usually considered “cornices”
      “Development.” As used in this Chapter 1283, refers to modifications and improvements of land use; more specifically altering the landscape or property which would result in neighborhood, community- wide or regional environmental implications. References also include mixed use development which is the practice of allowing more than one type of use in a building or district of buildings. A “development” may also refer to a subdivision (land) which is a parcel (or parcels) of land split or consolidated for improvements.
      “EIFS.” Stands for exterior insulation and finish system, or the product is commonly called synthetic stucco, and refers to a multi-layered exterior finish. Inner layer of foam insulation board, middle layer polymer and cement base, with an exterior layer of a textured finish coat.
      “Facade.” Comes from the French word meaning “frontage” or “face” and generally refers to the front exterior side of a building. But may also be referenced to other sides. The “facade” of a building is often the most important side from a design standpoint, as it sets the tone for the rest of the building.
      “Fee simple ownership.” The way that real estate is owned in common law countries and is a title in land; a form or freehold ownership. May also refer to “fee simple absolute”. A “fee simple absolute” is the highest estate permitted by law, and it gives the holder full possessory rights and obligations now and in the future of the problem.
      “Gathering place.” A place where people come to congregate for entertainment, recreation, worship or a multitude of functions. For the purpose of this Chapter 1283, a “gathering place” is primarily a public square, public or private park, or courtyard.
      “Homeowners association (HOA).” A not-for-profit organization created initially by the developer of a subdivision or housing development for the primary purpose of establishing rules and regulations commonly known as a set of covenants for which the property owners of the individual sub-lots shall follow. These covenants must cover rules that the property owners must follow with respect to their own site as well as use of common areas owned by the association. Such examples may include how many people can occupy the home, color permitted for exteriors, type of landscaping permitted, storage of vehicles on the property, use of accessory facilities permitted and regulations for property maintenance; all of which may exceed regulations as set forth in this Chapter 1283.
      “Independent living facility.” A facility designed and located in a community of age 55 and older residents, primarily for individuals with minor disabilities, working for self-determination, self-respect and equal opportunities. In the context of elder care, independent living is seen as a step in the continuation of care, with assisted living being the next step.
      “Infrastructure.” Refers to the technical structures that support a society, community or private development, such as roads, bridges, water supply, sewers, electrical grids, telecommunications and the like, and further defined as “The physical components of interrelated systems providing commodities and services essential to enable, sustain, or enhance societal living conditions.”
      “Memory care/Alzheimer facility.” A facility designed and operated to care for persons with Alzheimer’s Disease (AD) which is the most common form of dementia; a neurologic disease characterized by loss of mental ability severe enough to interfere with normal activities of daily living, lasting at least six months and not present from birth. Memory care facilities primarily provide services for the elderly marked by a decline in cognitive functions such as remembering, reasoning, and planning.
      “Mixed-use development.” Any urban, suburban or community development, or a single building, that blends a combination of residential, commercial, cultural, institutional, or industrial uses, where those functions are physically and functionally integrated, and that provides pedestrian connections. May also refer to a development project of mixed-use buildings, complex of buildings, or smaller section of the SPD proposed by a developer, government agency, or any combination thereof, to benefit from: greater housing variety/density; reduced distances between housing, workplaces, businesses; strong neighborhood character; and pedestrian/bicycle friendly environments.
      “Nonconforming use.” A use that was legal under the municipal laws when it was first instituted and has been a continuing use of real property that is permitted by the Codified Zoning Ordinances and regulations in a manner in which other similar plots of land in the same area cannot ordinarily be approved or permitted under the current zoning requirements. As new zoning districts and ordinances are established, existing structures or uses in operation may remain and the facility would become a nonconforming use, as long as the status or use of the business or residence does not change, its status is protected. If the conditions of business or residence are voluntarily eliminated (vacated) for a period of 12 consecutive months or more, the nonconforming status is revoked and the current zoning requirements must be followed.
      “Parapet.” A wall-like barrier at the edge of a roof, terrace, balcony, or other structure. Where extending above a roof, it may simply be the portion of an exterior wall that continues above the line of the roof surface, or may be a continuation of a vertical feature beneath the roof, such as a fire wall or party wall. Parapets were originally used to defend buildings from military attack, but today they are primarily used to prevent the spread of fires.
      “Place of worship/religious assembly.” An establishment or other location where a group of people (a congregation) comes to perform acts of religious study, honor, or devotion. The architectural term used to define the structure for worship may be: church, temple, mosque, chapel, basilica, cathedral, kirk, meeting house, kingdom hall, synagogue, and the like. Places of worship (religious buildings) are offered special governmental protection by law.
      “Plaza.” An open urban public space, such as a city square. It can be any gathering place on a street or between buildings, a street intersection with a statue, fountain, and the like. A design element of landscaping (trees/shrubbery), places to sit, walkways, and usually near urban buildings. May be further defined as a modern version of a traditional marketplace.
      “Public square.” A term commonly used to define a central marketplace. Refer to definition of “plaza” above and “square” defined below.
      “Right-of-way.” A strip of land that is legally granted, through an easement, dedicated plat, or other mechanism, for transportation and utility easement purposes, such as for a trail, driveway, rail line or highway. A “right-of-way” is reserved for the purposes of maintenance or expansion of existing services and utilities within the “right-of-way”. In the case of an easement, it may revert to its original owners if the facility is abandoned. For the purpose of this SPD, building setbacks are based upon the street right-of-way.
      “Riparian area.” The interface between land and a river, stream or waterway. “Riparian areas” or zones are significant in ecology, environmental management and civil engineering because of their role in soil conservation, habitat biodiversity and the influence they have on grasslands, woodland, wetland or sometimes include non-vegetative areas. Other terms to define this area include: riparian woodland; riparian forest; riparian buffer zone; or riparian strip. These areas or zones may be natural or engineered for soil stabilization or restoration.
      “Spandrel.” A material used as a basis for glass making which is fused to the glass using high- heat fusing methods. This material is often used in building facades to give a uniform appearance of a totally glass envelope. Spandrel glass conceals portions of the structural metal framing to create a building of glass that appears to be seamless and aesthetically appealing.
      “Square (Town Square).” An open public space commonly found in the heart of a traditional town, city, or special district used for community gatherings. Other common names are: civic center; city square; urban square; market square; public square; piazza; plaza; and town green. Also, refer to definitions in this section for “plaza” and “public square” for similar uses.
      “Town Center.” Referred to as the Central Business District where most of the central activities of the community occur with a heavy concentration of retail and office buildings. Geographically at the intersection of Royalton and Broadview Roads. Other common terms used to define the Town Center are: Downtown; Town Square; Activity District; Plaza; or Public Square. The “Town Center” is permitted to have a higher-than-usual population density than other areas in the District. The “Town Center’s” two zones refer to reflect a heavy concentration of retail and offices in Zone A, with very little residential; whereas, Zone B encourages varying densities of housing types surrounding Zone A.
      “Town home (town house).” A term commonly used to define a two-story residence lined in a row sharing sidewalls, with no neighbors above or below, usually the living space is on the first floor with bedrooms on the second floor. A basement is often included.
      “Tree-Save-Zone.” An area where removing trees larger than six inches in diameter (measured above the root ball) is prohibited unless approved by the Tree Commission. When removing trees in this zone, or any form of development or construction in this zone, a barrier must be constructed to protect the root system, or trunk of a tree from damage, or from soil/material deposits. Refer to additional regulations of the Tree Commission.
      “Use and Occupancy.” A certificate which allows persons to take possession of a building for its intended use as a tenant or owner of a business per rules of the Ohio Building Code or any government authority having jurisdiction. This certificate provides proof that a building or structure has been inspected and has passed safety and health code requirements.
      “Vista.” An area for aesthetic viewing, usually seen through a long, narrow avenue or passage, as between rows of trees or houses.
(Ord. 194-12, passed 1-22-2013)