A
Abutting
Having a common border with or being separated from such a common border by a right-of-way, alley, or easement.
Accessory Structure
A subordinate and incidental structure detached from the principal building (such as a detached garage or shed), located on the same lot or on an adjacent lot of common ownership. An accessory structure does not share a common wall or foundation with the principal building.
Accessory Use
A use located on the same lot with a principal building, which is subordinate and related to the use of the principal building or use of land.
Adult Entertainment Establishment
For the purposes of this Zoning Code, adult entertainment establishment shall include, but not be limited to, any of the following:
- Adult Bookstore. An establishment which utilizes fifteen percent (15%) or more of its retail selling area for the purpose of retail sale or rental, or for the purpose of display by coin or slug-operated, or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image- producing devices, or both, books, magazines, other periodicals, films, tapes, and cassettes which are distinguished by their emphasis on adult materials as defined in this section.
- Adult Motion Picture Theater. An enclosed motion picture theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to adult material as defined in this section.
- Adult Motion Picture Drive-In Theater. An open air drive-in theater which is regularly used or utilizes fifteen percent (15%) or more of its total viewing time, for presenting material distinguished or characterized by an emphasis on matter depicting, describing, or related to adult material as defined in this section.
- Adult-only Live Entertainment Business. An establishment where the patron directly or indirectly is charged a fee where the establishment features entertainment or services which constitute adult material as defined in this section, or which features exhibitions, dance routines, or gyrational choreography of persons totally nude, topless, bottomless, or strippers, male or female impersonators or similar entertainment or services which constitute adult material.
To further determine whether the above facilities are adult entertainment establishments, the following definitions shall apply:
- Adult material. Any book, magazine, newspaper, pamphlet, poster, print, picture, slide, transparency, figure, image, description, motion picture film, phonographic record or tape, other tangible thing, or any service, capable of arousing interest through sight, sound, or touch, and:
Which material is distinguished or characterized by an emphasis on matter displaying, describing, or representing sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination; or,
Which service is distinguished or characterized by an emphasis on sexual activity, masturbation, sexual excitement, nudity, bestiality, or human bodily functions of elimination.
- Bottomless. Less than full opaque covering of male or female genitals, pubic area, or buttocks.
- Nude or Nudity. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than full, opaque covering of any portion thereof, or female breast(s) with less than a full, opaque covering of any portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.
- Topless. The showing of a female breast with less than a full opaque covering of any portion thereof below the top of the nipple.
- Sexual Activity. Sexual conduct or sexual contact, or both.
- Sexual Contact. Any touching of an erogenous zone of another, including without limitation the thigh, genitals, buttock, pubic region, or, if the person is a female, a breast, for the purpose of sexually arousing or gratifying either person.
- Sexual Excitement. The condition of the human male or female genitals, when in a state of sexual stimulation or arousal.
Animal Boarding
A structure or premises providing overnight accommodations of household pets, with or without compensation.
Animal Training and Day Care
A structure or premises used for the schooling, exercising, attending to the care of, or any other animal husbandry activities for household pets, with or without compensation, during the day and without overnight stays.
Apartment
A dwelling unit consisting of a room or suite of rooms in an apartment house, which room or suite is arranged, intended, or designed to be occupied as the residence of a single-family.
Apartment House
A building designed or intended to be occupied by three (3) or more families living independently of each other in three (3) or more dwelling units where the units are separated by party walls with varying arrangements of entrances.
Art, Craft, and Plant Show, Exhibit, and Sale, Indoor and Outdoor
Display of art, crafts, or plants in a setting of either a show, exhibit, or sale either completely indoor, outdoor, or a combination of both. This does not include outdoor display of merchandise for a commercial business.
Art Gallery or Studio
A facility that includes work, with display or teaching space for one (1) or more artists, artisans, or musicians.
Assisted Living Facility
A long-term care facility that provides housing, personalized support services, and health care designed to meet the individual needs of persons who need help with the activities of daily life such as meals, medication management, or assistance with bathing and dressing, but do not need the degree of medical care provided in a skilled nursing facility.
Automated Transaction Machine (ATM), Outdoor
An electronic device used by the public for conducting financial transactions such as withdrawing or depositing cash from a bank, savings, credit union, credit card, or similar account wherein the customer operates the device independently.
Automobile and Vehicular Storage
Any building or premises used for storage of motor-driven vehicles pursuant to previous arrangements and not to transients, and at which automobile fuels and oils are not sold, and motor-driven vehicles are not equipped, repaired, hired, or sold. This excludes the storage of recreational vehicles.
Automotive Fueling or Charging Station
An establishment where liquids used as motor fuels or alternative fuel, power or energy is sold at retail to the public and deliveries are made directly into or onto automobiles. The sale of fuel, power, or energy shall be the primary use of the property. Retail grocery or convenience store sales are permitted. Such use does not include facilities designed for the fueling of semi-trailer trucks.
Automotive Rental
Any building or land used for the display and rental of motor vehicles, motorcycles, recreational vehicles, and trucks in operable condition. The act of renting an automobile is the use of a motor vehicle for a temporary period of time at an agreed amount of money for the rental.
Automotive Repair Facility
A facility that performs all customary repair services for automobiles or other motorized equipment owned by the general public.
Automotive Sales or Leasing, New
A building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted provided the inventory of used automobile does not exceed fifty percent (50%) of the overall inventory at any one time.
Automotive Sales or Leasing, Used
The sale of used automobiles, as a subordinate use to a franchised automobile dealer selling new automobiles, may be permitted provided the inventory of used automobile does not exceed fifty percent (50%) of the overall inventory at any one (1) time.
Automotive Washing Facility
A facility for washing, cleaning, drying, and waxing of passenger vehicles, recreational vehicles, or other light duty equipment. An automotive washing facility may be self-service or full service.
B
Bar and Tavern
An establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises. Food may also be available for consumption on the premises.
Basement
A portion of a building partly or entirely underground whose ceiling or underpart of the floor above is four (4) feet or less above the average finished ground elevation. The "average finished ground elevation" is the mean elevation of the finished grade around all of the exterior of the building.
Bed and Breakfast
A private owner-occupied residence with one (1) to three (3) guest rooms contained within that structure and operated so that guests reside at the home for a finite and temporary basis, and wherein the owner of the property remains on site for the duration of the guests stay. No kitchen facilities may be provided for use by guests.
Brewery, Distillery, Winery, Cidery (Macro)
Brewery, distillery, winery, or cidery that produces more than 15,000 barrels per year and may distribute outside the region. Such uses may include accessory uses including tap or tasting rooms, food service, retail sales of merchandise and alcohol, entertainment space for live music, and other similar uses.
Brewery, Distillery, Winery, Cidery (Micro)
A limited production brewery, distillery, winery, or cidery that produces less than 15,000 barrels per year and that typically produces specialty beers, spirits, wines, or ciders that are generally sold locally. Such uses may include accessory uses including tap or tasting rooms, food service, retail sales of merchandise and alcohol, entertainment space for live music, and other similar uses.
Building
Any structure having a roof supported by or suspended from columns or walls and which is completely enclosed to serve as a shelter or enclosure for persons, animals, chattels, or property of any kind. The term "building" does not include any vehicle or trailer (with or without wheels).
Building Area
The sum of the horizontal areas of the several floors of the building, measured from the exterior faces of the exterior walls.
Building Frontage or Front Building Wall
The width of the facade of the building, store, service, or office unit which faces the principal street or the facade containing the main entrance of a store, office, service, or manufacturing building.
Building Height
The vertical distance from the grade to highest point of the building.
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.
Building Principal
A building occupied by the main use or activity on the lot on which said building is located.
C
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 or which may employ hand labor.
Circus
A temporary amusement show, usually consisting of a company of performers, animals, or other amusements, and usually traveling from place to place, used for commercial profiting purposes.
Cemetery
An area of land set apart for the purpose of the burial of bodies of dead persons or animals, and for the erection of customary markers, monuments, columbaria, and mausoleums.
Check Cashing, Short Term Loans
A business that for compensation engages in the business of cashing checks, warrants, drafts, money orders, or other commercial paper serving the same purpose. Check cashing also includes a facility that provides loans to individuals in exchange for personal checks as collateral. The term "check cashing" does not include a state or federally regulated bank or credit union.
Commercial Business
An organization engaged in the sale of goods, services, or both to consumers, whose primary purpose is a for-profit venture.
Commercial Vehicle Storage
Fleet storage or other inactive vehicle storage which is not accessible to vehicular traffic of the general public.
Conditional Use
A use permitted in a district other than a principally permitted use or a permitted use with standards, and which requires the approval of a conditional use permit, in accordance with the standards and procedures of Section 1111.05(b).
Conditional Use Permit
A permit issued by the building commissioner upon approval by the Planning Commission to allow a use other than a principally permitted use to be established within the district.
Conference or Convention Center
A facility containing over 20,000 square feet of gross floor area and designed to accommodate and support meetings or conferences. The facility may be either freestanding or incorporated into a hotel or office facility and may include eating and drinking facilities.
Construction Dumpster
A container having the capacity of at least one cubic yard used for the temporary storage of rubbish or materials to be disposed, recycled, composted, or donated pending collection.
Construction Equipment Storage Yard
A lot, or portion of a lot or parcel, used to store and maintain construction equipment and other materials and facilities customarily required in the building trade by a construction contractor.
Construction and Large Equipment Rental, Sale, and Service
A building and land which operates its primary business in the rental, sales, and service of heavy-duty equipment and construction machinery, including recreational vehicles, boats, semi-trailer trucks, box trucks, construction equipment, and other similar vehicles and equipment.
Contractor's Office and Equipment Shed
A temporary structure used as an office for contractors and builders during construction and which is located at a construction site that serves only as an office until the given construction work is completed. This includes contractor's offices, equipment storage, and portable lavatories.
Construction Trailer
A mobile structure that is used to accommodate temporary offices, facilities, or storage of materials during an active construction project.
Convenience Store
Small-scale retail stores used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food and drink products, household items, newspapers, and magazines; and which are typically associated with an automotive fueling or charging establishment.
D
Day Care
A place in which supervision, protection, and care is administered to a person or persons, by an adult other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption, but not including overnight lodging. Such uses may also include educational learning, such as preschool and kindergarten programs.
Density
The number of dwelling units permitted per acre of land.
District, Zoning
A section or sections of the territory of the City for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
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. The term "drive-through" shall also include "drive-up" and "drive-in."
Dumpster and Waste Enclosure
An enclosed area, which is open to the sky, used for the storage of dumpsters and waste containers.
Dwelling
Any building or portion thereof which is designed and used exclusively by one (1) or more human occupants for the purpose of residing for an extended time. A dwelling may be comprised of more than one (1) dwelling unit.
Dwelling, Accessory
An additional residential dwelling unit, but not a mobile home, tiny home, camper, or recreational vehicle, which is located on the same lot as a single-family dwelling unit, either within the same building as the single-family dwelling unit or in a detached building.
Dwelling, Live/Work.
A live/work dwelling is a single unit that consists of both a commercial or office use and a residential component that is occupied by the same occupant. The live/work unit shall be the primary dwelling of the occupant, and no portion of the live/work unit may be rented or sold separately.
Dwelling, Multifamily
One or more buildings, or portion of buildings, on a single lot that contains more than three individual dwelling units, where each unit is occupied by one family and provided with an individual entrance to the outdoors or to a common hallway, and regardless of whether the dwelling units are owned or rented.
- Dwelling, Multifamily Small-Scale is a multifamily building of three (3) or four (4) dwelling units.
- Dwelling, Multifamily Large-Scale is a multifamily building of five (5) or more dwelling units.
Dwelling, Single-Family, Attached
A building designed or arranged for use by a single family consisting of one (1) dwelling unit only, sharing at least one (1) wall with another dwelling unit. Such uses shall have an individual entrance to the outdoors.
Dwelling, Single-Family, Detached
A building designed or arranged for use by a single family consisting of one (1) dwelling unit only, separated from other dwelling units by open space.
Dwelling, Two-Family
A building consisting of two (2) dwelling units arranged, intended, or designed to be occupied by two (2) families only. Such uses may be arranged with one dwelling unit on the first floor and the other dwelling unit on the second floor, or with the two (2) dwelling units located adjacent to each other with a shared wall. Such uses shall have an individual entrance to the outdoors.
Dwelling Unit
A building or part of a building comprising of living, dining, and sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing, and toilet facilities, all used by one (1) household.
E
Education Facility, College, University or Trade School
A public or private educational facility which offers instruction for post-secondary education. This type of facility may have multiple education buildings and can include housing for full-time attendees or faculty.
Education Facility, Public or Private
A public or private educational facility which offers instruction in many branches of learning. These institutions include pre-school, elementary, middle, junior high, and high schools.
Electric Vehicle (EV) Charging Station
A vehicle parking space served by an electrical component assembly or cluster of components assemblies (battery charging station) designated and intended to transfer electric energy by conductive or inductive means from the electric grid or other electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy.
Electric Vehicle (EV) Charging Station, Level 1
A slow speed charging station that typically operates on a fifteen (15)- or twenty (20)-amp breaker on a 120-volt Alternating Current (AC) circuit.
Electric Vehicle (EV) Charging Station, Level 2
A medium speed charging station that typically operates on a forty (40)- to 100-amp breaker on a 208- or 240- volt Alternating Current (AC) circuit.
Electric Vehicle (EV) Charging Station, Level 3
A high-speed charging station that operates on a high-voltage circuit.
F
Family
An individual or two (2) or more persons living together as a single housekeeping group in a dwelling unit. A "single housekeeping group" exists where the group of individuals share expenses and labor related to the maintenance of the dwelling unit and are living and eating together as a household.
Farmers Market
An occasional or periodic market held in an open area or structure, where groups of individual sellers offer for sale to the public items such as fresh produce, seasonal fruits, fresh flowers, arts and crafts items, and food and beverages dispensed from booths located on site. Farmers markets are regulated as a Seasonal Sales activity.
Fence
A structure composed of non-living material, which may be constructed for privacy, security, screening, or decoration.
Fence, Living
A living fence is a grouping of plants including, but not limited to, hedges, shrubs, bushes, or trees arranged or growing in such a manner as to enclose, secure, partially enclose or secure, provide privacy, decorate, define, or enhance all or any part of a lot.
Festival
A temporary civic, recreational, fund-raising, or promotional activity or event that typically has a specific focus with its own social activities, food, music, or ceremonies. Such use typically takes place in a specified location and on a specific day or days.
Financial Establishment
A facility, building feature, or equipment of which the principal use or purpose of which is the provision of financial services including, but not limited to banks, credit unions, savings and loan institutions, and mortgage companies. Such uses do not include check cashing or short term loan establishments. The use may or may not include a drive-through.
Fitness Center or Studio
A facility where members or non-members use equipment or space for the purpose of physical exercise, improved circulation, or flexibility, and weight control. Facilities and activities can include, among other things, running, jogging, aerobics, weightlifting, court sports, whirlpools, saunas, massage rooms, yoga, karate, dance, and swimming, as well as locker rooms, showers, food and beverage services, and personal services. This use includes but is not limited to fitness training studios, exercise facilities, gymnasiums, and health clubs.
Flag
Any fabric or bunting containing the officially recognized and adopted colors, patterns, or symbols used as the official symbol of a government, political, or corporate entity.
Food and Beverage
A facility whose principal business is the sale of foods, frozen desserts, or beverages in ready-to-consume individual servings, for consumption either within the building or for carry-out. The use may or may not include a drive-through.
Food Production or Processing
A facility that produces or processes food for human consumption and certain related products. This use includes but is not limited to commercial bakeries; dairy products processing; fats and oil product processing; fruit and vegetable canning, preserving, and related processing; grain mill products and by-products; meat, poultry, and seafood canning, curing, and by-product processing; and miscellaneous food preparation from raw products, including catering services that are independent from food store or restaurants. This use does not include the production or processing of marijuana.
Food Truck
A vehicle or vehicle and trailer propelled by an engine which has been specifically designed or use for mobile food vending. A food truck shall not be deemed a temporary business under Chapter 741 of the City's Codified Ordinances. Food trucks are regulated by Chapter 761 of the City's Codified Ordinances.
Fulfillment Center
A third-party logistics warehouse that receives products and goods from suppliers, processes orders from e-commerce retailers, and ships products directly to individual consumers.
Funeral Home and End of Life Services
An establishment primarily engaged in the provision of services involving the care, preparation, or disposition of the deceased. Typical uses include funeral parlors, crematories, or mortuaries.
G
Garage, Parking
A principal or accessory building or an enclosed space within the principal building in which motor vehicles owned by the general public are parked, including facilities operated as a business enterprise with a service charge or fee paid to the owner or operator of such facility, with no facilities for mechanical service or repair of a commercial or public nature.
Garage, Private
A detached accessory building or portion of the principal building designed to store motor vehicles and other normal household accessories of the residents of the principal building, with no facilities for mechanical service or repair of a commercial or public nature.
Garage, Residential
A building or a part of a residence that includes a garage door, in which to store vehicles and personal property, and is incidental to the use of the property.
Gasoline Station
An establishment where liquids used as motor fuels are stored and dispersed 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.
Governmental Facility
Any buildings, structure, or use, or portion thereof, used by a governmental agency for administrative or service purposes, but not including buildings devoted solely to the storage and maintenance of equipment and materials.
Grade
The average level of the finished surface of ground adjacent to the exterior walls of the building.
Grade Line, Established
The average finished grade for that area of the site where the sign is to be located, provided however that the height of the sign shall not be artificially increased by the use of mounding. All references to sign height are from the established grade line unless otherwise noted.
H
Home, Business Improvement Service
A business that is open to the general public and whose primary service includes the sale, maintenance, and repair of appliances, along with home or business related repairs and service including, but not limited to, appliances, plumbing and electrical services, HVAC installation and repair, computer and electronic sales and repair, and other similar uses.
Home Occupation
An occupation for gain which is incidental and subordinate to the use of the premises as a principal dwelling, carried on by a person in the home in which they reside.
Hospital
A facility providing physical or mental health services to the public with inpatient and overnight accommodations, and medical or surgical care of the sick, injured, or disabled.
Hotel, Motel
A building in which lodging is provided and offered to the public for compensation and which is open to transient guests. Such uses may include conference and event space, business centers, restaurants, bars, personal service uses, and other similar accessory uses that cater to the patrons of the hotel or motel.
L
Laboratory
A facility for medical, optical, orthotic, prosthetic, or dental laboratory service, photographic, analytical, or testing services and scientific research facilities.
Landscaped Area
An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass, or other plant material.
Landscaping Businesses and Retail
A business which sells landscaping related products or specializes in making improvements of a lot with grass, shrubs, trees, and other vegetation and ornamental objects. Landscaping may include pedestrian walks, flower beds, berms, fountains, and other similar natural and man-made objects designed and arranged to produce an aesthetically pleasing effect.
Laundry Counter Outlet
A business that serves as a drop-off for dry- cleaning or laundry, but where no dry-cleaning processing is done on the premises.
Library
A facility that contains books, periodicals, and other materials for reading, viewing, listening, study, or reference, which consists of a room, set of rooms, or a building where such materials may be accessed or borrowed.
Loading Space
An area located totally outside of any public right-of-way for the temporary parking of vehicles entering the premises for picking up and making delivery.
Logo
A primary image or secondary image.
Lot
A parcel of land occupied or intended to be occupied by uses permitted in this Zoning Code, which may include one (1) or more principal buildings together with accessory buildings, and such lot shall be of sufficient size to meet minimum zoning requirements and have frontage on a dedicated street or an approved private street, and such lot may consist of:
- A single lot of record;
- A portion of a lot of record;
- A combination of complete lots of record, portions of lots of record.
The word "lot" is synonymous with "zoning lot."
Lot of Record
A lot or parcel of land the deed of which has been recorded in the office of the Recorder of Deeds of Cuyahoga County prior to the effective date of this Zoning Code.
Lot Area
The area contained within the lot lines exclusive of any portion of the right-of-way of any public street.
Lot, Corner
A lot abutting on two (2) streets at their intersection where the angle of such intersection is not more than 135 degrees.
Lot Coverage
The ratio of total ground floor area of all buildings on a lot to the area of the lot expressed as a percentage.
Lot, Cul-de-sac
A lot facing the rounded turn-around portion of a dead-end street. A cul-de-sac property is private since it is not subject to through traffic. Unlike rectangular lots, the cul-de-sac lot typically has a small front yard which is offset by a larger backyard.
Lot, Interior
A lot with only one (1) frontage on a street.
Lot Line
The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
Lot Line, Front
The line separating the lot from the street right-of- way on which the lot fronts. On a corner lot, the front lot line shall be the shorter lot line abutting a street except that if the lot is square (depth to width dimensions is a ratio of from 3:2 to 3:3) then the front lot line may be either lot line abutting a street.
Lot Line, Rear
The lot line opposite and the most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
Lot Line, Side
Any lot line other than a front or rear lot line.
Lot, Through
A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may be referred to as double frontage lots
Lot Width
The distance between the side lot lines measured along a straight line parallel to the front lot line at the front building line.
M
Manufacturing, Artisan
An establishment or business where an artist, artisan, or craftsperson teaches, makes, or fabricates crafts or products by hand or with minimal automation; and which may include direct sales to consumers. This definition includes uses such as small-scale fabrication but is not limited to, manufacturing, and other industrial uses and processes such as welding and sculpting.
Manufacturing, Heavy
The assembly, fabrication, or processing of goods and materials using processes that ordinarily have greater than minimal impacts on the environment, or that ordinarily have significant impacts on the use and enjoyment of adjacent properties in terms of truck traffic, railroad activities, noise, smoke, fumes, visual impact, odors, glare, or health and safety hazards, or that otherwise do not meet the definition of "Light Manufacturing". This use may include outdoor storage and activities.
Manufacturing, Light
A use engaged in assembling, altering, converting, fabricating, finishing, processing, or treatment of a product utilizing a relatively clean and quiet process which does not include or generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution, or dust and which is operating and storing products and materials in a completely enclosed structure.
Medical Clinic, Urgent Care
A health care facility where patients are admitted for examination and treatment on an out-patient basis by one (1) or more physicians, dentists, or other medical personnel, and where patients are not kept overnight. This use includes immediate medical care clinics, surgical centers, birthing centers, and outpatient care facilities.
Medical Marijuana Dispensary
A building, or part of a building, where one (1) or more primary caregivers operate with the intent to transfer marijuana between primary caregivers and qualifying patients.
Mixed-Use
A building, lot, or development that contains a mixture of uses including residential, commercial, or industrial uses. Such uses may be mixed within one building (either horizontally or vertically) or within an overall development.
Motor Vehicles
A self-propelled vehicle that is not propelled by muscular power, which is used for the transportation of people or cargo.
Museum
A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having significant scientific, historical, cultural, or artistic value.
N
Night Club and Live Music Venue
A facility that is open to the public and characterized by live or televised entertainment, or dancing. Food and beverages may be sold on the premises but are generally accessory to the primary use.
Non-Residential Zoning Districts
The following zoning districts are considered non-residential districts: Retail Business (R-B), General Business (G-B), Limited Industrial (L-I), General Industrial (G-I), Public Facilities (PF), and Parks and Open Space (PO).
Nonconformity
A lot, use of land, structure, or use of structures and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments which do not conform to the regulations of the district in which they are situated and are therefore incompatible with the purposes and regulations in this Zoning Code.
- Nonconforming Use: Any building or land lawfully occupied by a use at the time of passage of this Zoning Code or amendment thereto which does not conform with the use regulations of the district in which it is situated.
- Nonconforming Site Condition: Any lot, building or structure lawfully existing on the effective date of this Zoning Code or any amendment thereto, which does not conform to the lot area, width or yard regulations, parking or loading requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.
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 service for the rehabilitation of the persons who are convalescing from illness or incapacitation, excluding homes or similar institutions or facilities for persons suffering from acute or chronic alcoholism or drug abuse or who regularly require restraint.
O
Office
A building or portion of a building wherein services are performed involving predominantly administrative, professional, or clerical operations.
Open Air Front Porch
An elevated structure with steps, perimeter foundation, raised deck or slab, roof, and railing, but no side walls.
Outdoor Dining
A porch, patio, deck, or other area used for consumption of food or beverage by the public which is not completely enclosed within the exterior building walls, windows, and doors of a restaurant or drinking establishment, and which may or may not have a solid roof cover.
Outdoor Display and Retail Area
An accessory and subordinate use that is an unenclosed area exhibiting sample goods or merchandise. The items for sale must be from the principal business in which the outdoor display or retail area is associated with.
Outdoor Recreation, Accessory Non-Residential
Any recreational improvements that are generally accessory and subordinate to a principal non- residential use, such as, but not limited to swimming pools, sports courts, sports fields, and skate parks.
Outdoor Recreation, Accessory Residential
Any recreational improvements that are generally accessory and subordinate to a residential use, such as, but not limited to swimming pools, play structures, and trampolines.
Outdoor Sale
Any unenclosed area exhibiting sample goods, merchandise, or vehicles for rental, lease, or sale.
Outdoor Storage
The keeping, in an unroofed area, of any goods, material, merchandise, vehicles, or equipment in the same place for more than twenty-four (24) hours.
P
Parking Space, Off-Street
An open or enclosed area adequate for parking an automobile with room for opening doors on both sides, with access to a public street. Arrangement of the parking space shall be such as to allow ingress and egress of an automobile without the necessity of moving any other automobile and shall be located totally outside of any public right-of-way.
Parking, Structure
A principal or accessory building, or an enclosed space within the principal building, in which motor vehicles owned by the general public are parked, including facilities operated as a business enterprise with a service charge or fee paid to the owner or operator of such facility, with no facilities for mechanical service or repair of a commercial or public nature.
Parking, Surface
An area not within a building where motor vehicles may be stored for the purposes of temporary, daily, or overnight off-street parking.
Paved Surface
An area of a lot that is paved with asphalt, concrete, or another approved surface as determined by the City Engineer.
Personal Service
An establishment primarily engaged in providing individual services generally related to personal needs, such as, but not limited to barber shops, beauty shops, nail salons, day spas, travel agencies, and photographic studios.
Portable Storage Unit
A portable and temporary structure that is placed on a property and is used for storage of items, including but not limited, clothing, equipment, goods, household or office fixtures or furnishings, materials, and merchandise.
Premises
A lot together with all buildings and structures thereon.
Principal Building
The building on a lot that is the main building for the permitted land use associated with the land.
Private Club or Lodge
Facilities and lands operated by a local chapter of a national fraternal organization having well-defined requirements for membership.
Public Parks and Playground
A parcel of land owned and operated by a non-profit or governmental entity that is available to the public for passive or active recreation.
Public Safety Facility
A public facility providing services necessary for the safety of the residents of the city, including police, fire protection, and rescue activities.
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 railroad, whether publicly or privately owned, or by a municipal or other governmental agency.
R
Radio, Television Studio
Studio spaces for the creation of and broadcasting of radio or television programs.
Recreation or Entertainment Facility, Indoor
Facilities for entertainment, sports, and recreational activities such as bowling, billiards, arcades, skating, swimming, tennis, escape clubs, escape rooms, and similar indoor activities taking place inside an enclosed building. This definition shall not include gambling devices, adult motion picture theaters, adult entertainment businesses, gun ranges, or any other devices prohibited by law.
Recreation or Entertainment Facility, Outdoor
A principal use that consists of commercial entertainment, recreation, or games of skill where any portion of the activity takes place outside of a building. Such activities include, but are not limited to, miniature golf, bungee jumping, amusement parks, golf course, golf driving ranges, drive-in theaters, and other similar uses. This use does not include outdoor gun ranges.
Recreational Vehicle and Equipment
A vehicular portable structure designed and constructed to be primarily uses as a temporary dwelling for travel, recreation, and vacation uses that may include a motor home, travel trailer, and truck camper.
Religious Facility
An institution that a congregation of people regularly attends to participate in or hold religious services, meetings, and other activities, including buildings in which the religious services of any denomination are held.
Research and Development Facility
A facility for scientific research, and the design, development, and testing of electrical, electronic, magnetic, optical and computer and telecommunications components in advance of product manufacturing, and the assembly of related products from parts produced off-site. Such use includes pharmaceutical, chemical and biotechnology research and development. Does not include soils and other materials testing laboratories, or medical laboratories.
Residential Facility
A residential dwelling or facility that falls into one (1) of the following categories:
- Provides accommodations, supervision, personal care services, and mental health services for one (1) or more unrelated adults with mental illness or one (1) or more unrelated children or adolescents with severe emotional disturbances.
- Provides accommodations, supervision, and personal care services to any of the following:
One (1) or two (2) unrelated persons with mental illness,
One (1) or two (2) unrelated adults who are receiving payments under the residential state supplement program,
Three (3) to sixteen (16) unrelated adults.
- Provides room and board for five (5) or more unrelated adults with mental illness.
This use does not include alcohol or drug treatment programs.
Residential Facilities, Small
A residential facility that is designed for and occupied by five (5) or fewer residents living together.
Residential Facilities, Large
A residential facility that is designed for and occupied by six (6) or more residents living together.
Residential Outdoor Sale
A residential outdoor sale consists of house, apartment, garage, and yard sales and are permitted in any residential district, but only when limited to the personal possessions of the owner or occupant of the dwelling unit at which such sale is being conducted.
Residential Treatment Facility
A residential dwelling or facility where persons are living together, with or without staff, as a single housekeeping unit providing care, supervision, or treatment to reduce dependence or maintain independence of drugs and alcohol. A "Residential Treatment Facility" is subject to the protections of the federal Fair Housing Act Amendments of 1988, as defined in that Act and interpreted by the courts, as they apply to citizens in drug and alcohol addiction treatment programs, and by any similar legislation of the State of Ohio.
Residential Treatment Facility, Small
A residential treatment facility that is designed for and occupied by five (5) or less residents living together.
Residential Treatment Facility, Large
A residential treatment facility that is designed for and occupied by six (6) or more residents living together.
Residential Zoning District
The Single-Family Dwelling House (SF-DH), Dwelling House (D-H), Apartment House (A-H), or Multifamily Planned Development District (MF-PD).
Restaurant.
See Food and Beverage.
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 are consumed.
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 to patrons seated at tables for consumption within the building.
Retail Sales, Large-Scale
A facility or establishment greater than 20,000 square feet of gross floor area, which engages in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods.
Retail Sales, Small-Scale
A facility or establishment up to 20,000 square feet of gross floor area, which engages in selling goods or merchandise to the general public for personal or household consumption and rendering services incidental to the sale of such goods. Within a multi-tenant or mixed-use building, the overall building may be more than 20,000 as long as each tenant does not exceed the square footage threshold.
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 and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges. "Right-of- way line" is a line separating the right-of-way from a lot and is synonymous with "street line."
Roof Line
The uppermost line or point of the façade or parapet of a flat roof structure, or the lower edge of an eve, gable, or rake of a sloped roof surface.
S
Seasonal Sale
The temporary sale of seasonal goods, which may include, but is not limited to, farmer's markets, and the sale of Christmas trees, pumpkins, and similar items. This use does not include the outdoor display or sales of goods from the principal business in which the display or sales is associated with. See Outdoor Display and Retail Area.
Self-Storage Facility
A building or group of buildings consisting of individual, self-contained units leased to individuals, organizations, or businesses for the storage of personal property.
Setback
The required minimum horizontal distance between a lot line and a structure as established by this Zoning Code.
Setback Line
A line established by this Zoning Code generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above
ground, except as may be provided in this Zoning Code. The term "setback line" shall also include "required setback line." See Yard, Required.
Showroom
A room used for the display of goods or merchandise. To be used as a place to view rather than to buy merchandise.
Sign
A sign is defined as any display that evokes or conveys a message including but not limited to any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, whether permanent or temporary, which is affixed to, painted on, represented directly or indirectly upon, or projected onto a building, structure, lot, or other device, whether mobile or affixed to the ground, and which directs attention to any object, product, place, activity, person, institution, organization, or business. A sign may consist of wording, logos, or images. This definition includes all signs visible from any public right-of-way or adjacent property, including interior signs oriented towards the exterior facade of any building or structure as well as back-lighted translucent panels or strip lighting affixed to any wall or roof where any such panels or lighting serves to identify and attract attention rather than illuminate space for human activity.
Sign, Abandoned
A sign associated with an abandoned use, a sign that remains after the termination of the business, or a sign on its immediate premises that is not adequately maintained and not repaired within the specified time.
Sign, Advertising
A sign which directs attention to goods, services, or entertainment, sold or offered on the premises. This includes free-standing, wall mounted or projection signs.
Sign, Area of
The surface of a sign to be included when computing maximum allowable square footage. The area includes molding and framing but excludes supporting members. Planters or other decorative supporting structures shall not be included in the computation of signage unless they exceed twenty-four (24) inches in height or eight feet in length in which case the entire structure shall be included in the computation of sign area.
For wall mounted signs which consist of individually mounted letters, numbers or other symbols on a fascia or wall, the area of sign shall be the area of a rectangle circumscribed around the letters, numbers, or other symbols.
Sign, Awning
A sign that is mounted on or painted on or attached to an awning, canopy, or marquee.
Sign, Backlit
A sign whose light source is located behind fully opaque letters or graphics.
Sign, Banner
A non-rigid cloth, plastic, vinyl, paper, or canvas sign typically related to a special event or promotion, which is cultural, educational, charitable, recreational, or commercial in its function, under the sponsorship of a for-profit establishment or business, or a public, private nonprofit, or religious organization.
Sign, Bench
Any sign painted on, located on, or attached to any part of the surface of a bench, seat, or chair placed on or adjacent to a public roadway.
Sign, Billboard
An off-premises sign directing attention to a specific business, product, service, entertainment, or other activity sold, offered, or conducted off-site.
Sign, Bulletin Board
A sign featuring changeable copy.
Sign, Changeable Copy
A sign or portion thereof with characters, letters, or illustrations that can be changed or rearranged by mechanical, electronic, or manual means with altering the face or surface of the sign.
Sign, Channel Letters
The outline of a letter, border, or similar object with a vertical slide wall to confine the lighting on the face either to restrict vision at an angle or to prevent light spillage over adjacent areas.
Sign, Commercial
A sign which directs attention to a business, profession, service, product, or activity sold or offered upon the premises where such sign is located.
Sign, Directional
A temporary or permanent sign that provides information regarding location, instructions for use, vehicle flow, or functional or directional data for a permitted use located on the same lot.
Sign, Display Surface
The area intended for display of advertising.
Sign, Dynamic Sign
A sign that appears to have movement or that appears to change, caused by any method other than physically removing and replacing the sign or its components. This includes any display that incorporates a method or technology that allows the image on the sign face to change without physically or mechanically replacing the sign face or its components. This also includes signs containing parts that rotate, revolve, move, flash, blink, utilize Light-Emitting Diode (LED) or Liquid Crystal Display (LCD) lights, or any other technology that allows the sign to display a series of images.
Sign, Face
The surface intended for the display of information on the sign.
Sign, Flashing
Any directly or indirectly illuminated sign that exhibits changing natural or artificial light or color effects by any means whatsoever.
Sign, Freestanding
A sign supported permanently upon the ground by poles, pylons, braces, or a solid base and not attached to any building. Freestanding signs include those signs otherwise known as "pedestal signs," "pole signs," "pylon signs."
Sign, Gas Inflatable or Device
Any device which is capable of being expanded by any gas and used on a permanent or temporary basis to attract attention to a product or event. This definition includes both hot and cold-air balloons tethered or otherwise anchored to the ground.
Sign, Governmental
A sign erected and maintained pursuant to and in discharge of any government functions or required by law, ordinance, or other governmental regulations.
Sign, Ground-Mounted
Any sign which is physically attached to a wall or a base with a permanent foundation running the entire or approximately the entire length of the sign.
Sign, Height
For the purposes of measuring the height of a sign, the following definition of "height" shall apply. The height of a sign shall be determined by measuring the vertical distance between the highest point of the sign to the ground elevation at the base of the sign. If mounding was used at the sign base, the ground elevation shall be determined as the average ground elevation of the developed site at the sign base prior to mounting.
Sign, Human
A sign that is worn (including costumes) or held by a human for temporary commercial advertising or other promotional purposes.
Sign, Illumination
Any sign lit by or exposed to artificial lighting either by light on or in the sign or directed toward the sign.
Sign, Marquee
Any sign attached to our hung from a marquee. For the purpose of this Zoning Code, a marquee is a covered structure projecting from and supported by the building with independent roof and drainage provisions and which is erected over a doorway or doorways as protection against weather.
Sign, Menu Board
A commercial sign located near or adjacent to a drive-through lane serving drive-through or drive-up customers.
Sign, Nameplate
A type of wall sign designating only the name and address or the name and professional occupation and address of a person or persons residing in or occupying such building or premises.
Sign, Non-Commercial Sign
A sign which directs attention to any non-commercial activity or displays a political, religious, or personal message or expression, generally temporary in nature.
Sign, Nonconforming
A pre-existing legal sign which does not conform to the standards set forth in this Zoning Code.
Sign, Off-Premises
Signs advertising products, accommodations, services, or activities not offered or conducted on the lot on which the sign is located. Billboards are off-premises signs. Yard signs are not considered off- premises signs.
Sign, On-Premises
Any sign related to a business or profession conducted, or a commodity or service sold or offered, upon the premises where such sign is located.
Sign, Pennant
A flag or banner longer in the fly than in the hoist, usually tapering to a point.
Sign, Permanent
Any permitted or legal nonconforming sign intended to remain in place until a change of occupancy occurs. A permanent sign must be securely attached or installed upon a building, structure, or the ground. Any sign intended to be displayed for more than forty-five (45) days shall be considered a permanent sign.
Sign, Pole
Any sign supported upon the ground by a pole, poles or braces and not attached to any building or structure.
Sign, Portable
Any sign that is designed to be or capable of being moved or transported, and not permanently affixed or attached to any building, structure, or grounds.
Sign, Primary Image
The name of the use or business identified on a sign. The primary image must be displayed in text.
Sign, Projecting
A sign that is wholly or partly dependent upon a building for support or suspended from a pole or canopy that is attached to a building. Such signs must be perpendicular to the building face upon which they are attached.
Sign, Sandwich Board
A sign erected on or above the roof line of a building.
Sign, Secondary Image
Any and all text, graphics, or images displayed on a sign in addition to the name of the use or business, including but not limited to pictorial representations, tag lines, products, and phone numbers.
Sign, Setback
The distance from the property line or right-of-way line to the nearest part of the applicable building, structure, or sign, measured perpendicularly to the property line or right-of-way line.
Sign, Structure
The supporting unit of a sign face, including, but not limited to frames, braes, and poles.
Sign, Temporary
A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to an object, place, person, institution, or organization, and may be constructed of cloth, canvas, plastic sheet, cardboard, or other life materials and which is intended to be displayed for a limited period of time.
Sign, Temporary Attached
Attached temporary signs or banners are temporary, portable signs that are attached to a permanent building or structure.
Sign, Temporary Commercial
A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land and which directs attention to any commercial activity, product or business and may be constructed of cloth, canvas, plastic sheet, cardboard, or other life materials and which is intended to be displayed for a limited period of time.
Sign, Temporary Construction
A banner, pennant, poster display or illustration which is affixed to or painted upon or represented directly or indirectly upon a building, structure, or piece of land in place during the period of active construction for a development or project.
Sign, Temporary Detached
Detached temporary signs or banners are temporary, portable signs that are supported by poles, uprights, or braces extending from the ground or from an object on the ground, or any sign located on the ground, providing that no part of the sign is attached to any part of a building.
Sign, Wall
Any sign attached to, painted on, or erected against the inside or outside wall of a building or structure, with the exposed display surface of the sign in a plane parallel to the plane of the building or structure.
Sign, Window
Any signs, posters, symbols and other types of identification or information about the use or premises directly attached to the window of a building or erected on the inside of the building and visible from any public right-of-way or adjacent property. Any sign painted on the inside or outside of a window shall not be considered a wall sign.
Small-Format Discount Store
A retail, variety, or discount stores up to 15,000 square feet whose primary use is selling, directly to consumers, a limited assortment of physical goods, products, merchandise and other consumer products, including food or beverages for off-premises consumption, that generally cost less than ten dollars ($10.00) or cost twenty percent (20%) to forty percent (40%) less than the same types of goods, products, merchandise and consumer products sold at grocery or drug stores.
Solar Farm
A utility-scale commercial facility that converts sunlight into electricity, whether by photovoltaics (PV), concentrating solar thermal devices (CST), or various experimental solar technologies, for the primary purpose of wholesale or retail sales of generated electricity.
Solar Panels
Panels installed on a building or on a lot to allow for the conversion of solar energy to electrical current.
Stone or Monument Work
Manufacturing establishments primarily engaged in cutting, shaping, and finishing marble, granite, slate, and other stone for building and miscellaneous uses.
Storage, Outdoor
The keeping, in an unroofed area, of any goods, material, merchandise, vehicles, trailers, or equipment in the same place for more than twenty-four (24) hours.
Story
The part of a building other than a basement or half-story between any floor and the floor above, or, in its absence, the ceiling or roof above.
Streamer
A ribbon-shaped or cord-like rope which may have pennants or banners attached and which is stretched or hung between two or more supports.
Street Center Line
A line halfway between the street right-of-way lines.
Street Line
See Right-of-Way.
Structure
Anything constructed or erected, the use of which requires a fixed location on the ground or is attached to something having a fixed location on the ground, and including, but not limited to buildings, advertising signs, fences, backstops for tennis courts, decks, pools, patios, paved areas, sidewalks, and gazebos.
Structural Alteration
Any change that would prolong the life of the supporting members of a building or structure, such as the bearing walls, columns, beams, or girders.
Swimming Pool
An open tank or structure either above or below ground designed to contain a depth of at least twenty-four (24) inches of water at any point, including the lounging and spectator areas and any accessory buildings, structures, or equipment. Detention or retention ponds shall not be considered a swimming pool.
T
Tent
A temporary structure for the protection from weather, in association with and accessory to a temporary event. Tents are not to be used for overnight accommodations.
Theater
A facility for audio and visual productions and performing arts, excluding adult motion picture theaters and adult entertainment businesses.
Transient
A person who is staying or working in a place for only a short period of time.
Transit Center
A facility located outside of public right-of-way where multiple transit routes converge and allow passengers simple transfer to different transit routes. Such uses may include bus stations, bus stops, and similar type uses.
Tree Lawn
That portion of a public right-of-way lying between the back face of the curb and the leading edge of the sidewalk or the back edge of the right-of-way if no sidewalk is installed.
U
Utility Substation
An assemblage of equipment for purposes other than energy generation or use, through which electric energy in bulk is passed for the purposes of switching or modifying its characteristics to meet the needs of the general public; provided that in residential districts an electric substation shall not include rotating equipment, outdoor storage, trucks, housing of repair crews, or offices.
V
Vape, Tobacco, Liquor Sales
Any store, stand, booth, or concession that devotes thirty percent (30%) or more of its display floor area to tobacco products, or to the display and sale of tobacco, electronic smoking devices, or drug paraphernalia to purchasers for consumption of use. This classification of use does not include medical marijuana dispensaries, which are prohibited in the City.
Variance
A variance is a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
Veterinarian Office and Animal Hospital
An establishment where animals or pets are given medical or surgical treatment and are cared for during the time of such treatment. This use does not include a 'kennel,' and overnight boarding of animals shall only be permitted when incidental to such medical treatment and limited to short periods of time.
W
Warehousing, Primary Use
The storage of raw materials, parts, or finished manufactured goods before their export or distribution. The facility is staffed and there is no customer-direct pick-up or access to these facilities. Such storage must be within a building.
Warehousing, Secondary Use
A secondary and subordinate use to an industrial or commercial use where raw materials, parts, or finished manufactured goods may be stored before their export or distribution. Such storage must be within a building.
Wholesale Facility
A facility for the storage and wholesale sales of merchandise and bulk goods and non-retail store sales, which are not sold directly to the consumer, including electronic shopping, mail-order houses, and other direct-selling establishments. This use classification excludes retail sale of goods at discount prices for individual consumption.
Wireless and Cellular Communication Facility
Any cables, wires, lines, wave guides, antennas, equipment, or structures associated with the transmission or reception of communications as authorized by the Federal Communications Commission (FCC) which an applicant seeks to locate or has installed upon a tower or existing structure.
Y
Yard
An open space on the same lot with a principal building that lies between the principal building and the nearest lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except for accessory uses, structures or buildings as expressly permitted in this Zoning Code.
Yard, Corner Side
On a corner lot the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
Yard, Front
A yard across the full width of the lot extending from the front wall of the principal building to the front line of the lot. On corner lots, the front yard shall face the shorter street dimension of the lot except that if the lot is square or almost square, that is, has depth to width dimensions in a ratio of from 3:2 to 3:3, then the front yard may face either street.
Yard, Rear
A yard across the full width of the lot extending from the rear wall of the principal building to the rear lot line of the lot. On a corner lot, the rear yard shall be the area between the side lot line abutting an interior lot to the side yard abutting a street.
Yard, Required
The open space between a lot line and a setback line that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Zoning Code. See Setback Line.
Yard, Side
A yard between the principal building and the side lot line and extending from the front yard to the rear yard on an interior lot.
Yard, Width or Depth
The horizontal distance from a lot line to the principal building measured perpendicular to the building.
Z
Zoning Inspector
The individual designated by the Mayor to administer and enforce the Zoning Code of the City.
Zoning Lot
See Lot.
(Ord. 2022-34. Passed 1-9-23.)
CODIFIED ORDINANCES OF BROOKLYN