Certain words in this Zoning Ordinance are defined for the purpose hereof as follows:
(a) Usage Generally. Words used in the present tense include the future. The masculine, feminine or neuter gender includes either of the others. The singular number includes the plural, and the plural includes the singular. The word "lot" includes the word "plot". The word "building" includes the word "structure" and includes advertising signs and billboards, tents and lunch wagons, dining cars, camp cars or other structures on wheels or other supports and used for business, commercial or living purposes.
(b) "Accessory use or building" means a subordinate use or building customarily incident to and located on the same lot with the main use or building.
(c) Street or Road; Alley; Street Line or Front Lot Line.
(1) "Street" or "road" means any roadway or public way dedicated to public use, except an alley.
(2) "Alley" means a street not more than twenty feet wide.
(3) "Street line" or "front lot line" means the lot line dividing the lot from the street.
(d) "Building line", "front yard line" or "setback line" means a line on or back of the street line between which and the street no building or portion thereof, except as provided herein, may be erected above the grade level.
(e) "Grade level" of a lot means the average elevation of the curb directly in front of the main building. Where no such curb level has been established by the City, the level of the ground at the middle of the traveled portion of the street shall be considered the equivalent of the curb level. When the street wall of the building is back more than ten feet from the street line, the average grade level of the lots adjoining on each side, if higher than the curb level, shall be considered the grade level for the building and the lot.
(f) "Family" means any number of individuals regularly living, cooking and eating together on the premises as a single housekeeping unit.
(g) Garage; Private, Storage, Repair and Service.
(1) "Private garage" means a building or space used as an accessory to a main building permitted in a Residence District and providing for the storage of motor vehicles, and in which no occupation, business or service for profit connected in any way with motor vehicles is carried on.
(2) "Storage garage" means a building or space, other than a private garage, for the storage of motor vehicles, within which filling station service and the sale of accessories are permitted.
(3) "Repair garage" means a garage in which repairs on any kind of motor vehicles are permitted.
(4) "Service garage" means a repair garage used as an accessory to an automobile salesroom and primarily for the repair and servicing of automobiles of the make sold in the salesroom.
(h) "Height of a building" means the vertical distance measured from the grade level to the highest point of the coping of the street wall for flat roofs, to the deck line of mansard roofs, and to the mean height between eaves and ridge for gable, gambrel or hip roofs.
(i) "Least dimension" of a yard means the least of the horizontal dimensions of such yard. If two opposite sides of a yard are not parallel, the horizontal dimensions between them shall be deemed to be the mean or average distance between them.
(j) Lot.
(1) "Lot" means a parcel of land fronting on a street, occupied or intended for occupancy by one main use or by one main building with its accessory buildings and uses, including such open spaces as are required by this Zoning Ordinance, together with such open spaces as are arranged and designed to be used in connection with such buildings. A lot may be a unit of land described by metes and bounds, a sublot, part of a sublot, parts of sublots, more than one sublot in a recorded subdivision, or any combination of these, having frontage on a street or road and used for one purpose.
(2) "Depth of lot" means the mean distance from the street line of the lot to its rear line measured in the mean direction of the side lines of the lot.
(3) "Width of lot" means the mean width measured at right angles to its depth.
(4) "Sideline" means any lot line not a front line or a rear line.
(5) "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets, each more than twenty feet wide, the angle of the intersecting street lines at their points of intersection being not more than 135 degrees. It is the land occupied or to be occupied by the corner building and the accessory buildings and yards, if any.
(6) "Side line of a corner lot" means the line lying along the narrower or less important street, unless the lot is a sublot in a recorded subdivision and is clearly intended to front on the narrower street.
(7) "Privately owned lot" means a lot that is owned by any person or business that is not a Federal, State or local government or a department, agency or instrumentality of a Federal, State or local government.
(Ord. 8830-2001. Passed 11-20-01.)
(k) "Main building" means the building or space occupied by the chief use or activity of the premises.
(l) "Natural grade" means the elevation of the undisturbed natural surface «f the ground adjoining the building.
(m) "Nonconforming use" means a use of a building and/or land which does not comply with the regulations of the Use District in which it is located.
(n) "Public notice" means notice given pursuant to Ohio R. C. 713.12.
(o) "Dwelling" means a building arranged, intended or designed to be occupied by not more than two families living independently of each other and doing their awn cooking upon the premises.
(p) "Single-family dwelling" means a separate detached building designed for occupancy and occupied exclusively as a residence for one family, having not less than four rooms and a bath with a utility room or basement of not less than 140 square feet of floor area. Where a utility room is provided in lieu of a basement and the furnace and/or other items of equipment are installed in locations other than the utility room, a corresponding reduction in the minimum utility room floor area may be permitted by the Planning Commission. Whether constructed with one story, one and one-half stories or two stories, such dwelling shall have livable first floor areas, exclusive of porches, basement, utility room and any outside addition or appurtenance, not less than the following:
Minimum Livable First Floor Area (Square Feet) | |||
No. of Stories | A-1 and A-2 Area District | A-3 and A-4 Area District | A-5 Area District |
1 | 1,200 | 960 | 840 |
1-1/2 | 900 | 810 | 720 |
2 | 720 | 660 | 600 |
(q) "Two-family dwelling" means a detached dwelling arranged, intended or designed to be occupied by two families, one of which has its principal rooms on the first floor, and the other of which has its principal rooms on the second floor. A two-family dwelling shall also have not less than four rooms and a bath for each family with a floor area of not less than 840 square feet for each floor, exclusive of porches, outside additions and appurtenances, and in addition a utility room or basement of not less than 140 square feet of floor area.
(r) "Double house" means a two single-family dwelling with at least an eight-inch fire wall between, and each of which conforms to the requirements set forth in subsection (q) of this section for the first and second floors of a two-family dwelling.
(Ord. 1735-1957. Passed 12-3-57.)
(s) "Apartment house" means a building arranged or designed to be occupied by three or more families living independently of each other as separate housekeeping units. An apartment house shall have for each family not less than three rooms, a bath and kitchen, with a total floor area of not less than 720 square feet, and a utility room or basement of not less than 140 square feet, available to each family, except that an efficiency or one bedroom suite shall require a total floor area of not less than 425 square feet. A utility room or basement shall not be required for efficiency or one-bedroom suites, but laundry facilities must be included.
(Ord. 2214-1962. Passed 5-1-62.)
(t) Rooming House; Boarding House. "Rooming house" means a structure or part thereof in which not more than four sleeping rooms are available for hire as lodgings without meals. "Boarding house" means a rooming house in which meals are available to occupants.
(u) "Hotel/motel" means a building or group of buildings operated as a public inn for profit in which transients are lodged, with or without meals, and in which, as a rule, the rooms are occupied single and not as a dwelling unit.
(v) "Apartment hotel" means a building or self-contained portion of a building designed to be occupied more or less permanently as independent housekeeping units or single rooms, each such suite or room being a complete and separate unit with its access through an inner lobby through which all tenants and their guests pass to gain access to the suites or rooms.
(w) "Zone Map" means the map of Brook Park, Ohio, herein adopted and made a part of this Zoning Ordinance, with all the legends, designations, insignia and symbols thereon, and all additions, corrections, changes or substitutions hereafter made thereto.
(x) The term "Residence Districts" as used in this Zoning Ordinance shall be construed to refer to the districts created in this Zoning Ordinance which are known as Class U-1 and U-2 Use Districts.
(y) "Zoning Ordinance" means Ordinance 1735-1957, passed December 3, 1957, as amended, which comprises this Chapter 1121 of the Planning and Zoning Code.
(Ord. 1735-1957. Passed 12-3-57.)
(z) "Special District Map" means the map entitled "U-7 Brookpark Road Corridor Special District" prepared by LDR International, Inc., and dated January 20, 1998, which has been adopted and made a part of this Zoning Ordinance, with all the legends, designations, insignia and symbols thereon, and all additions, corrections, changes or substitutions hereafter made thereto.
(Ord. 8403-1997. Passed 1-27-98.)