(a) Words used in the Code are used in their ordinary English usage.
(b) For the purpose of the Planning and Zoning Code, the following terms shall have the meaning herein indicated:
(1) Abut. To physically touch or border upon; or to share a common property line but not overlap. Properties shall abut when separated a dedicated public alley.
(2) Accessory structure or use. A structure or use on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure or use.
(3) Adjacent. See abut.
(4) Adult care facility. (See ORC 3722.01A(9)) A residence, facility, institution, hotel, congregate housing project, or similar facility that provides accommodations and supervision to three to sixteen unrelated adults, at least three of whom require personal care services, is an adult care facility regardless of how the facility holds itself out to the public. See ORC 3722.01A(9) for exceptions.
(5) Adult entertainment and adult oriented businesses. "Adult entertainment" or an "adult oriented business" is one which is designated and used to sell, rent or show sexually explicit materials distinguished or characterized by an emphasis on "specified sexual activities" or "specified anatomical areas" as herein defined and is more particularly, but not exclusively, defined as meaning an adult arcade, adult bookstore, adult video store, adult cabaret, adult motel, adult motion picture theater, or adult theater, or massage business. The definition of "sexually oriented business" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy. Adult entertainment and adult oriented business shall mean any of the following type of establishments:
A. Adult Arcade. A place open to the public where coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are regularly maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by their emphasis upon matter exhibiting or describing specified sexual activities (CO. 737.02(n)) or specified anatomical areas (CO. 737.02(o)).
B. Adult Bookstore, Adult Novelty Store, or Adult Video Store means a commercial establishment which has a significant or substantial portion of its stock- in trade in, or derives a significant or substantial portion of its revenues from, or devotes a significant or substantial portion of its interior sales business area or advertising to, or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or more of the following:
(i) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, compact discs, slides, or other visual representations which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas;
(ii) Instruments, devices, or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
C. Adult Cabaret A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
(i) Persons who appear semi-nude,
(ii) Live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or specified sexual activities, or
(iii) Films, motion pictures, videocassettes, digital video discs ("DVDs"), slides, photographic reproductions or closed circuit live feeds which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas (CO. 737.02(o)).
D. Adult motel A motel, hotel, or similar commercial establishment which: (1) offers public accommodations, for any form of consideration, and (2) which regularly provides patrons with closed-circuit television transmissions, films, motion pictures, videocassettes, DVDs, slides, or other photographic reproductions which are distinguished or characterized by an emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas and (3) which regularly advertise the availability of such material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to, newspapers, magazines, pamphlets or leaflets, radio or television, and (4) offers a sleeping room for rent for a period of less than ten (10) hours.
E. Adult Motion Picture Theater A commercial establishment where films, motion pictures, videocassettes, DVDs, slides, photographic reproductions or live closed circuit performances which are distinguished or characterized by their emphasis upon the exhibition or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
F. Adult Theater A theater, concert hall, auditorium, or similar commercial establishment which, for any form of consideration, regularly features: (1) persons who appear semi-nude or (2) live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or specified sexual activities.
G. Sexual Encounter Establishment means a business or commercial establishment which, as one of its principal business purposes, offers, for any form of consideration, a place where two or more persons congregate, associate, or consort for the purpose of engaging in or viewing specified sexual activities or at least one of them appearing in a state of semi-nudity. The definition of "sexual encounter establishment" shall not include an establishment where a medical practitioner, psychologist, psychiatrist, or similar professional person licensed by the State engages in medically approved and recognized sexual therapy.
(6) Adult Family Home. (See ORC 3722.01A(7)) A residence or a facility which provides accommodations and supervision to three to five unrelated adults at least three of whom require personal care services.
(7) Adult Group Home. (See ORC 3722.01A(8)) A residence or a facility which provides accommodations and supervision to six to sixteen unrelated adults at least three of whom require personal care services.
(8) Agency. A political subdivision including, but not limited to, any board, commission, department, bureau, society, council, institution, state college or university, community college district, technical college district or state community college. "Agency" does not include the Ohio General Assembly, the controlling board, the adjutant general's department, or any court.
(9) Agriculture. The principal use of parcels land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the usual and customary accessory uses for sale of agricultural products; provided that the operation of such accessory use shall be secondary to the agricultural activities. Agriculture does not include the feeding of garbage or offal to swine or other animals raised for sale. A use shall be classified as agricultural only if it is the principal use of the parcel.
(10) Airport. A runway, land area, or other facility designed or used either publicly or privately for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage and tiedown areas, hangars, and other necessary buildings and open spaces.
(Ord. 2635. Passed 1-13-11.)
(Ord. 2780. Passed 5-9-13.)
(12) Animal boarding facility. See kennel.
(13) Animal hospital/clinic. A facility where domestic animals are given medical or surgical treatment and the boarding of animals incidental to treatment does not exceed 30 days. Outdoor runs or boarding facility is an accessory use where permitted in the zoning district.
(14) Architectural compatibility. A design or material/color selection is compatible when it does not significantly deviate from its parent building or the overall character of the neighborhood. Architectural compatibility does not require designs to be identical, but reflect some aspects of its parent building or buildings in the general vicinity. Illustrations include the scale of windows, overhangs, building materials, siding patterns and roof slope. An architectural design, landscape design or accessory building proposal is incompatible when it is aesthetically harsh or overwhelming in comparison to its neighbors.
(15) Architectural feature. In the context of Chapter 1129, Sign Regulations, an architectural feature means ornamentation or decorative elements attached to, incorporated into, or projection from the exterior of a building. Architectural features include, but are not limited to, doors, windows columns, cornices, eaves, gutters fascias, belt courses, sills, lintels pediments, bay windows, chimneys, trim details and decorative ornaments.
(16) Assembly hall. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. A banquet hall or rental hall is an assembly hall.
(17) Automobile service station. (See also Gasoline 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, service and repairs to motor vehicles. Repairs described under VEHICLE REPAIR GARAGE shall not be permitted.
(18) Average. The result of dividing the sum of two or more quantities by the number of quantities.
(19) Bank. An establishment providing retail banking, credit and mortgage services and regulated by an agency of the State of Ohio or federal government. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
(20) Basement or cellar. The portion of a building located partly underground having at least 1/2 of its clear floor-to-ceiling height below the average grade of the surrounding ground.
(21) Bed and breakfast establishment. A residential building, other than a hotel or motel, where overnight lodging and breakfast are offered to a maximum of 12 guests from the general public in exchange for a daily fee.
(22) Berm. An earthen mound located outside the public right-of-way designed to provide visual interest, screen abutting property, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
(23) Bikeway & Pedestrian System Plan. The City of Chardon Bikeway & Pedestrian System Plan adopted by Ordinance 2582, April 20, 2010.
(24) Block face. A single side of a dedicated street including parcels and public right-of-way running between intersecting streets.
(25) Boarding house. A building or part thereof, other than a hotel, motel or restaurant, where lodging is provided for compensation, for more than three (3) unrelated persons, meals may be provided and no cooking or dining facilities are provided in the individual rooms.
(26) Buffer or buffer yard. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, which separate and screen incompatible land uses from each other.
(27) Building. A completely enclosed structure having one or more floors and a roof supported by columns or walls, and designed or intended for the shelter or protection of persons, animals or property.
(28) Building, accessory: A separate building on a lot with a principal building or main use which is incidental and accessory to the principal building or main use.
(29) Building, principal: A building occupied by the main use of the lot on which building is located.
(30) Building height. The vertical distance measured from the adjoining curb grade to the highest point of the roof surface, if a flat roof; to the deckline of a mansard roof; and to the mean height level between eaves and ridges for a gable, hip or gambrel roof, provided that where buildings are setback from the street line, the height of the building may be measured from the average elevation of the finished grade along the front of the building. See Section 1155.01, Supplementary Height Regulations.
(31) Building line. An imaginary line extending from both sides of the of the building parallel or substantially parallel to the street right-of-way line which define the limits of the front yard, or in the case of a corner lot, the corner side yard.
(32) Building Material Sales. Any lot or premises where lumber and other materials including but not limited to bricks, pipe, tile, cement, insulation, roofing materials, landscaping materials (including mulch and soil in bulk), heating and plumbing supplies, electrical supplies, paint, glass and floor and wall coverings and the like are sold at retail.
(33) Caliper. The American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken six (6) inches above the ground up to and including four-inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.
(34) Carport. A roofed structure with a foundation enclosed on not more than three (3) sides that provides space for the parking of vehicles.
(35) Car wash. A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may be a self-serve, a production line with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
(36) Cellar. See Basement.
(37) Cemetery. Land subdivided into plots which is dedicated for cemetery purposes for the burial of the human or animal dead, mausoleums and mortuaries if operated in connection with, and within the boundaries of, a cemetery. A cemetery does not include a crematorium.
(38) Church. See "Place of Worship"
(39) City Engineer. The Municipal Engineer of Chardon, Ohio.
(40) Colocation: The use of a wireless telecommunications facility by more than one wireless telecommunications provider or by one provider for more than one type of telecommunication technology.
(41) Commercial motor vehicle. Any motor vehicle designed or used to transport persons, property, merchandise or freight primarily for-profit that meets any of the following qualifications:
A. Any combination of vehicles with a combined gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
B. Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;
C. Any single vehicle or combination of vehicles that is not a class A or class B vehicle, and that is either designed to transport sixteen or more passengers including the driver, or is required to be placarded for hazardous materials by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;
D. Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen passengers including the driver;
E. Any single vehicle or combination of vehicles transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;
F. Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is classified by the Federal Highway Administration as a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
(42) Commercial Recreation, indoor. A facility primarily used for indoor recreational activities and secondarily to view such activities, including, but not limited to, a health club, indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery range, soccer field or basketball court. A health club is an indoor commercial recreation facility.
(43) Commercial Recreation, outdoor. A facility primarily used for outdoor recreational activities, and secondarily for view such activities. Such a facility may include one or more structures including, but is not limited to, a golf or mini-golf course/facility, tennis, softball, basketball or volleyball court, soccer, baseball or football field, or amusement or water park.
(44) Common area. A land area, with or without structures that is held in common ownership for the residents by a homeowners' association, community association or other legal entity, or which is owned by the individual members of a condominium association as tenants-in-common.
(45) Community center. A building or group of buildings operated by a public or nonprofit group or agency and used for recreational, social, educational or cultural activities.
(45.5) Community Development Director. The individual designated to administer and enforce the Planning and Zoning Code of the City of Chardon, Ohio. A person designated by the Community Development Administrator may also perform the duties of the Community Development Administrator.
(46) Community Recreation Facility. A recreation facility operated by a homeowners association or other non-profit organization and open only to the members and guests thereof.
(47) Compliance, Certificate of Zoning. An official written determination that a building, other structure or parcel of land complies with all the provisions of applicable existing codes, or is a lawfully nonconforming building or use which may be occupied and used lawfully for the current activities thereon.
(48) Comprehensive Plan. The City of Chardon, Comprehensive Plan Update (adopted March 13, 2008) and as thereafter amended, is intended to guide the growth and development of the City, based on study and analysis of the City's existing conditions, including population, housing, historic structures, natural features, general land use patterns zoning regulations and other development considerations.
(Ord. 2635. Passed 1-13-11.)
(48.3) Computerized Internet Sweepstakes Café
and
Sweepstakes Terminal Café
means the premises or the portion of the premises upon which computerized sweepstake devices are located for the use or entertainment of the public, whether or not such premises are operating under a zoning certificate for another use or business purpose.
(48.5) Computerized Sweepstakes Device
means a computer, machine, game or apparatus including an individual computer terminal screen which may be operated by the public generally for participation in a sweepstakes and which does not violate the Ohio Revised Code or municipal ordinance prohibitions upon gambling. No electronic or computerized sweepstakes device, game play or outcome shall have as a component thereof, or shall be operated or determined by, a random number generator (RNG) or compensating algorithm. The game play and outcome shall be determined by or from a finite pre-determined pool, with odds of winning stated in the sweepstakes "Official Game Rules".
(Ord. 2652. Passed 4-14-11.)
(Ord. 2652. Passed 4-14-11.)
(49) Concept Plan. (See plan, development)
(50) Conference center. A commercial facility used for assemblies or meetings, and may have exhibition space for trade shows but does not include banquet halls, clubs, lodges or other meeting facilities of private or nonprofit groups that are used primarily by group members.
(51) Congregate care facility. A residential facility that provides for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and may have common social, recreational, dining and food preparation facilities; and may provide for the needs of those able to live independently or residents with a range of personal limitation and medical impairments that require nursing care.
(52) Construction documents. Complete, accurate detailed plans, drawings prepared in compliance with municipal specifications containing all information necessary for the construction of the entire proposed project, and shall include the submittal contents set forth in Section 1113.27 (Construction Documents Submittal).
(53) Construction, start of. See "start of construction".
(54) Contour. An imaginary line connecting all points with the same elevation above or below a known reference elevation base point.
(55) Conversion. Any modification or change to an existing building which is intended to, or actually does, increase or decrease the number of dwelling units or rooming units.
(56) County. Geauga County, Ohio.
(57) Crematorium. A facility that burns human dead to ashes.
(58) Cultural institution. An institution that displays or preserves scientific or artistic objects, including a museum, art gallery, aquarium or planetarium.
(59) Day care center. A commercial facility which provides individuals with care for less than 24 hours per day including, but is not limited to a day nursery, nursery school, pre-school, adult day care center, or other supplemental care facility. This term does not include a family day care home. (See the definition of family day care home below.)
A. Adult day care center. (see OAC 3701-20-01(F)) A non-residential facilities or specifically designated units of operation within an adult care, assisted living residence, nursing home or other type of long term care facility that provides a variety of health, social and related support services in a protective setting during part of the day to aged, infirm or disabled adults who reside elsewhere.
B. Child day care center. (see ORC 5401.01(L)) A place in which child care or publicly funded child care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child care or publicly funded child care is provided for seven to twelve children at one time. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the center shall be counted. "Child day-care center" and "center" do not include any of the following:
(1) A place located in and operated by a hospital, as defined in section 3727.01 of the Revised Code, in which the needs of children are administered to, if all the children whose needs are being administered to are monitored under the on-site supervision of a physician licensed under Chapter 4731 of the Revised Code or a registered nurse licensed under Chapter 4723 of the Revised Code, and the services are provided only for children who, in the opinion of the child's parent, guardian, or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured;
(2) A child day camp;
(3) A place that provides child care, but not publicly funded child care, if all of the following apply:
(a) An organized religious body provides the child care;
(b) A parent, custodian, or guardian of at least one child receiving child care is on the premises and readily accessible at all times;
(c) The child care is not provided for more than thirty days a year;
(d) The child care is provided only for preschool and school children.
(60) Density. The number of dwelling units permitted per acre of land.
A. Density, Gross. Gross density means the number of dwelling units permitted per acre of total land area.
B. Density, Net. Net density means the number of dwelling units permitted per acre of land devoted to residential uses and excluding land dedicated to public thoroughfares or other unbuildable land areas such as utility and drainage easements wetlands.
(61) Developer. An individual(s), or legal entity such as the owner or agent, which commences proceedings to develop land under the Planning and Zoning Code.
(62) Development. The improvement or alteration of land or structures thereon which requires a permit from the City including but not limited to construction, reconstruction or alteration of buildings, structures and utilities;, earth moving activities, mining, dredging, paving, drilling operations; or the use or subdivision of land. Routine repairs and maintenance are not "development".
(63) Development Boundary. (see Project Boundary)
(64) Development Plan. ( See Plan, Development.)
(65) Diameter-at-breast-height (DBH). The diameter of a tree trunk measured in inches at a height of 4.5 feet above ground. If a tree splits into multiple trunks below 4.5 feet, the trunk is measured at its narrowest point below the split.
(66) Drive-thru facility. A building or portion of a building from which business is transacted directly with customers in a motor vehicle during such business transactions. The term "drive-thru" shall also include a "drive-up" or "drive-in" facility but not a car wash, gasoline station or automobile service station.
(67) Dwelling. A building or portion thereof containing one or more dwelling units designed for residential occupancy, including a "single-family", "two-family" and "multi-family" dwellings as defined herein.
(68) Dwelling, attached single-family. Dwelling units in one building that are structurally attached and adjacent to one another, each dwelling unit being separated from the adjoining unit or units by a wall without openings or offset extending from the basement floor to the roof. Each such building shall be separated from any other buildings by space on all sides, and have elements such as individual ground floor entrances from the outside, individual utility services and which may contain attached garages.
(69) Dwelling, detached single-family. A dwelling unit designed for and occupied by one family situated on a lot having a front, side and rear yard and separated from all other dwelling units by open space on all sides. The dwelling does not need to be located on its own subdivided lot, but shall comply with the requirements for such dwellings in this Planning and Zoning Code. See also Figure 1, Detached Single-Family Dwellings.
Figure 1.
Detached Single-Family Dwellings
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(70) Dwelling, multi-family. A building designed for three (3) or more dwelling units, occupied by families living independently of each other, which does not meet the definition of attached single-family dwelling units.
(71) Dwelling, two-family. A building designed for or converted to contain two dwelling units, occupied by families living independently of each other; or two independent dwellings on one fee simple lot
(72) Dwelling unit. One or more rooms used by one family comprising living, dining, sleeping rooms and storage closets with space, fixtures and equipment for cooking, bathing and toilet facilities.
(73) Earth moving activity. Grading, excavation, filling or other alteration of the earth's surface where natural or manmade ground cover is destroyed or disturbed, the soil is removed or relocated, and which activity may result in, or contribute to erosion and sediment pollution or redirection of surface water drainage patterns.
(74) Easement. A right to the use of land granted by the owner to other parties for a specific purpose, such as public utility lines, access to other properties or drainage.
(75) Electronic Commerce: Electronic commerce, commonly known as e-commerce, consists of the buying and selling of products or services over electronic systems such as the Internet and other computer networks. Electronic commerce includes: business to business (B2B), business to consumer (B2C) and consumer to consumer (C2C).
(Ord. 2635. Passed 1-13-11.)
(75.1) "Entertainment device" shall mean any mechanical, electronic, video or digital device that is capable of accepting anything of value, directly or indirectly, from or on behalf of a person, for the purpose of playing a game, viewing a video display, hearing an audio transmission or reading entries or outcomes from any other kind of device. "Entertainment device" does not include a vending machine, juke box, audio book, video player or device where the only value given, directly or indirectly, is to play a video or audio transmission or the playing of a game with no expectation of receiving a thing of value from the operator.
(75.2) “Entertainment device arcade" or "arcade" shall mean a business, establishment, room or place where four or more entertainment devices are kept for use by the public or by persons other than the owner of the devices, where persons giving anything of value to access the use of the entertainment devices or the premises, and the person may be given anything of value by the operator, whether the giving occurs on or off the premises or at the same time or a later time.
(Ord. 2935. Passed 8-11-16.)
(76) Equipment sales/rental/service. Establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, and similar equipment, and the rental or sale of recreational and commercial motor vehicles. This term includes the storage, maintenance, and servicing of equipment offered for rent.
(77) Exterior finish materials. The outer materials of a building or structure envelop which are exposed to the outside.
(78) Façade. The portion of any exterior elevation on the building which extends from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation.
(79) Family. "Family" means an individual or two or more persons, each related to the other by blood, marriage, or adoption, or foster children as defined (see "foster child") and not more than two additional persons not related as set forth above, all living together as a single housekeeping unit and using common kitchen facilities.
(80) Family day care home. A residence certified and licensed by the State of Ohio to provide childcare.
A. Type A. (see ORC 5104.01(RR) A permanent residence of the administrator in which child care or publicly funded child care is provided for seven to twelve children at one time or a permanent residence of the administrator in which child care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this division, any children under six years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted. "Type A family day-care home" and "Type A home" do not include any child day camp.
B. Type B. (see ORC 5104.01(SS)) A permanent residence of the provider in which child care is provided for one to six children at one time and in which no more than three children are under two years of age at one time. In counting children for the purposes of this 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" and "type B home" do not include any child day camp.
(81) Fence. A structure erected and positioned in such a manner to enclose or partially enclose all or part of a lot or premises. Structures not erected on lot lines or in close proximity to lot lines, which serve solely an ornamental purpose and which do not totally or partially enclose a lot or premises or separate a lot from an adjoining lot, shall not be included within the definition of the word "fence." Specific types of fences include:
A. Barbed wire fence. A fence made with metal wire having sharp points, razors, or barbs along its length.
B. Chain link fence. A fence made of vinyl-clad metal loops interconnected in a series of joined links.
C. Electrified fence. A fence or structure, connected or attached to a device or object which emits or produces an electrical charge, impulse or shock when the fence touches another object, person or animal.
D. Ornamental fence. A fence constructed for its aesthetic or decorative effect which, when viewed at a right angle, has at least seventy-five percent (75%) of the area of its vertical plane open to light and air. Ornamental fences include:
(i) "Rail fence" or "split-rail fence" A fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
(ii) Wrought iron fences, decorative steel fences, and aluminum fences.
E. Privacy fence. A fence constructed to limit or to inhibit public view of the lot and provide seclusion which, when viewed at right angles, has less than twenty-five percent (25%) of the area of its vertical plane open to light and air. Privacy fences include:
(i) "Basket weave fence" or "woven fence" which is a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
(ii) "Louver fence" or "ventilating fence" which is a fence made of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
(iii) "Board on board fence" or "picket fence."
(iv) "Stockade fence" or "palisade fence" which is a fence constructed with a row of stakes, pales or pickets placed upright against each other and having at least fifty percent (50%) of the area of its vertical plane closed to light and air.
(82) Financial institution. See "bank".
(83) Flag. Any fabric, banner or bunting used as a symbol of government, political subdivision, corporate or commercial entity, or institution; or used to convey a message, or advertise as a sign would be used.
(84) Fleet vehicles. Trucks, vans, and other vehicles, including motorized equipment, which are owned by the operator of the principal use and used in the operation thereof.
(85) Food processing. The preparation, storage, or processing of food products, and including but not limited to activities such as bakeries, dairies, canneries, and other similar food product operations.
(86) Footcandle. A unit of illumination produced on a surface, all points of which are one foot from a uniform point source of one candle.
(87) Floor area, gross. The sum of the gross horizontal areas of all floors of a building, measured from either:
(a) The exterior faces of the exterior walls of a building, or
(b) From the center line of a common wall separating two (2) or more units of a building.
(88) Floor area, net. The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading.
(89) Forestry. Growing and caring of trees for commercial purposes, including the cutting and marketing of timber.
(90) Foster child. A person under eighteen (18) years of age who is placed in a dwelling unit by an institution or agency licensed or approved by the State of Ohio to place children in foster care.
(91) Freestanding drive-thru facility. (See drive-thru facility).
(92) Full-shielded or full cut-off type fixture. An outdoor lighting fixture that is shielded or constructed so that all light emitted is projected below a horizontal plane running through the lowest light-emitting part of the fixture.
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(93) Funeral home. A building or part thereof used for human funeral services. for the following are permitted activities or an accessory use of a funeral home :
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. Performing autopsies and other surgical procedures;
C. Storing caskets, funeral urns, and other related funeral supplies;
D. Storage funeral vehicles;
E. Cremation facilities;
F. A funeral chapel.
(94) Garage. A building, or part thereof, used or intended to be used for the parking and storage of vehicles.
(95) Gasoline station. (See also Automobile Service Station): An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by a station attendant or by persons other than the station attendant and may include accessory facilities available for the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products.
(96) Glare. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
(97) Greenhouse, commercial. See plant nursery/greenhouse.
(98) Health club. A facility designed and used for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices and classrooms, where use is limited to members and guests.
(99) Health services. See Office, medical/dental.
(100) Heliport. Any structure, improvement, or area provided for helicopter landings or take-offs.
(101) Historic district. A geographically definable area with a significant concentration linkage or continuity of similar sites, buildings, structures, or objects united by past events or aesthetically by plan or physical development.
(102) Home occupation. An occupation carried on in a dwelling unit by a resident or residents thereof, which is limited in extent, incidental and secondary to the residential use of the dwelling unit and does not change the appearance or character of the dwelling unit, principal building, property or neighborhood.
(103) Homeowners' association. A community organization of which the property owners in a development, subdivision, Planned Residential Development or condominium are owners and which owns the open space, landscaping, private roads, and other facilities and is responsible for the maintenance thereof
(104) Hospital. A facility which provides accommodations and medical treatment for sick and injured patients which may include pediatrics, obstetrical, medical, surgical, psychiatric or extended care services.
(105) Hotel/motel. A building, portion thereof, or group of buildings, which provides rooms with sleeping accommodations for transients on a daily or weekly basis and other services incidental thereto and which may be designated as a hotel, inn, automobile court, motel, motor inn, motor lodge, tourist cabin, tourist court or otherwise.
(106) Household. A family living together in a single dwelling unit, with common access to and common use of and the entire living area, including facilities for the preparation and serving of food within the dwelling unit.
(107) 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.
(108) Kennel. A commercial establishment where three (3) or more domesticated animals more than four (4) months of age are housed, groomed, bred, boarded, trained, or sold and which may offer minor medical treatment.
(109) Landscaped area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
(110) Lattice. A vertical framework or structure of crossed metal strips to which antennas are affixed.
(111) Library. A facility in which literary, musical, artistic or reference materials, such as books, manuscripts, computers, recordings or films are kept for use or loaning to patrons, but are not normally offered for sale.
(112) Light trespass. Light in sufficient quantity that crosses over property boundaries, impacts surfaces, and produces a negative response in persons owning or using the violated space.
(113) Loading space, off-street. An area located outside of they public right-of-way and on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(114) Lot coverage. The ratio of the total ground area covered by all buildings on the lot to the horizontal projected area of the lot (total building area divided by total land area).
(115) Lot frontage. That portion of the lot extending along the street right-of-way.
(116) Lot line, property line. The boundary line defining the limits of the lot.
A. Lot line, front: The line separating an interior lot from the street right-of-way on which the lot fronts. On a corner lot, the street right-of-way with the least amount of street frontage shall be the front lot line.
B. Lot line, rear: The lot line opposite and most distant from the front lot line; or in the case of a triangular or otherwise irregularly shaped lot, a line 10 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 a front or rear lot line.
(117) Lot of record. A lot in a subdivision, the plat of which has been recorded in the office of the Geauga County Recorder of, or a parcel of land described by metes and bounds, the deed to which was recorded prior to adoption of this Planning and Zoning Code.
(118) Lot size. The total area contained within the lot lines, excluding of any portion of the public right-of-way.
(119) Lot types. Terminology used in this Planning and Zoning Code with reference to a corner lot, interior lot and through lot, as follows. See also Figure 2 for an illustration of lot types.
A. Lot, corner. A lot which adjoins the point of intersection or meeting of two or more streets.
B. Lot, interior. A lot abutting or with frontage on only one street.
C. Lot, through: A lot having frontage on either parallel or approximately parallel streets or on two streets which is not a corner lot.
Figure 2 - Illustration of Lot Types
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(120) Lot width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
(121) Lot, zoning. A parcel of land not separated by street or alley that is designated by its owner or developer to be used, developed, or built upon as a unit under single ownership at the time of applying for a zoning certificate. A zoning lot may consist of:
A. A single lot of record, or;
B. A portion of lot of record, or;
C. A combination of complete lots and portions of lots of record, or portions of lots of record.
(122) Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
(123) Major development. A commercial or industrial construction project on a zoning lot of more than 5 acres; a residential development including, but not limited to, a major subdivision, a planned residential development or cluster development.
(124) Manufactured home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.
(125) Manufactured home park. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park is a tract of land upon which two or more manufactured homes used for habitation are parked, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park.
(126) "Marijuana" means all parts of a plant of the genus cannabis, whether growing or not, the seeds of a plant of that type; the resin extracted from a part of a plant of that type; and every compound, manufacture, salt, derivative, mixture or preparation of a plant of that type or of its seeds or resin. "Marijuana" does not include the mature stalks of the plant, fiber produced from the stalks, oils or cake made from the seeds of the plant, any other compound, manufacture, sale, derivative, mixture, or preparation of the mature stalks, except the resin extracted from the mature stalks, fiber, oil or cake, or the sterilized seed of the plant that is incapable of germination. "Marijuana" does not include hashish.
(Ord. 2968. Passed 5-11-17.)
(127) Medical/dental/health services clinic. A facility where human patients are examined and treated as outpatients by a group of dentists, physicians or similar medical professionals. A clinic does not include a medical office or hospital.
(128) Membership clubs. An incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, rules, payment of fees and dues and regular meetings.
(129) Minor subdivision. (see subdivision, minor)
(130) Monopole. A single, slender and typically cylindrical, vertical structure to which telecommunication antennas or antenna support structures are affixed.
(131) Motor Vehicle. A vehicle, including a mobile home and recreational vehicle, that is propelled or drawn by power other than muscular power or power collected from overhead electric trolley wires. "Motor vehicle" does not include utility vehicles as defined in ORC 4501.01 (VV), motorized bicycles, road rollers, traction engines, power shovels, power cranes, and other equipment used in construction work and not designed for or employed in general highway transportation, well-drilling machinery, ditch-digging machinery, farm machinery, and trailers that are designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a public road or highway for a distance of no more than ten miles and at a speed of twenty-five miles per hour or less.
(132) Motor vehicle body shop. A facility for the repair or rebuilding of motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.
(133) Motor vehicle, operable. A motor vehicle is operable when the engine can be started and the vehicle can be driven under its own power at least 100 yards immediately upon request, or within 24 hours of the initial request, and which does not have disabling damage.
(134) Motor vehicle rental. An establishment where contracts are prepared or reservations accepted for the rental or leasing of motor vehicles, includes outdoor storage of vehicles, but does not include on-premise maintenance of vehicles or a tool/equipment rental facility.
(135) Motor vehicle sales. An establishment whose vehicles are sold at wholesale and retail and includes incidental storage, maintenance, and repair.
(136) Multifamily dwelling, (see dwelling, multifamily)
(137) Municipal Engineer. The Municipal Engineer of Chardon, Ohio
(138) New Construction. Construction of a new building or structure.
(139) Non-conforming. A lot, use of land, building, site condition, use of building, or use of buildings and land in combination, which lawfully existed at the time of enactment of the Planning and Zoning Code or amendments thereto, but which does not conform to the current regulations of the district or zone in which it is situated or other regulations in the Planning and Zoning Code.
A. Non-conforming building. A building existing lawfully on the effective date of the Planning and Zoning Code or any amendment thereto, which does not conform to the current regulations governing buildings and structures of the district in which it is located.
B. Non-conforming lot. A lot lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which does not conform to the current lot area, or width or frontage requirements of the district in which it is located.
C. Non-conforming site condition. A site improvement that was legally established, but no longer conforms with the current regulations in the Planning and Zoning Code.
D. Non-conforming use: Any building or land lawfully occupied by a use on the effective date of the Planning and Zoning Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
(140) Nursing home. A facility providing full-time nursing or medical care to three (3) or more people, not related by blood or marriage, who, by reason of chronic illness or metal or physical impairment are unable to care for themselves. A hospital is not included in this definition.
(141) Office, administrative/professional. A business which provides specific services to other businesses, individuals, organizations or corporate customers, generally by contract or on account, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street.
(142) Office, medical/dental. A facility which provide diagnoses, minor surgical care and outpatient care on a routine basis, but does not offer overnight or emergency care. A medical/dental facility is operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. This term shall include such establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
(143) Open Space. The open space in a Planned Residential District of sufficient size and shape to comply with the minimum zoning requirements, and upon which further development is restricted.
(144) Outdoor dining facility. An area outside but adjacent to the principal building of an establishment where food or drink are consumed.
(145) Outdoor display/sales. Merchandise removed from its shipping packaging and representative of merchandise that is available for purchase inside the building placed in an outdoor area that is open to the general public or is available for purchase by the general public from the display area.
(146) Outdoor storage. The storage of goods, materials, merchandise or vehicles in the same place for more than 24 hours in an area outside of a building or structure, except for merchandise placed in an outdoor display.
(147) Park. A tract of land, designated and used by the public, for active or passive recreation.
(148) Parking lot; Parking Area. An outdoor paved area with marked parking spaces and access drives to provide temporary off-street parking.
(149) Parking space, off-street. An open or enclosed area outside the public street right-of-way, defined by painted lines, raised curbs or a combination thereof, used for parking of motor vehicles
(150) Parking structure. A building or structure with more than one level and used to store motor vehicles.
(151) Performance guarantee. A financial deposit to guarantee that all approved improvements, facilities, or work will be completed in conformance with Municipal approvals.
(152) Performance standard. A criterion established to control dust, smoke, fire and explosive hazards, lighting and glare, and heat, noise, odors, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
(153) Person. Means an individual, group of individuals, firm, corporation, business trust, Limited Liability Company, Limited Liability Partnership, estate, trust, partnership, association or other legal entity including its agent.
(154) Place of Worship. A building or structure used for public worship. The words "place of worship" includes the words "church," "house of worship," "chapel," "synagogue", "kingdom hall" and "temple" and their uses and activities that are customarily related.
(155) Plan, development. A plan prepared to scale which shows, with accurate dimensions, the exact location of the following: boundaries of the site, the location of buildings; landscaping; parking areas; access drives; signs; outdoor storage areas; and all features included in the proposed development.
Development plans include:
A. Concept Development Plan; Concept Plan: A plan that depicts the overall, general design of a proposed development project and includes the drawings and maps showing all the elements listed or described in Section 1113.21, Concept Submittal.
B. Preliminary Development Plan; Preliminary Plan: A plan that details all major elements of the proposed development project and includes the drawings and maps showing all the elements listed or described in Section 1113.23, Preliminary Submittal.
C. Construction Documents: (see Construction Documents).
(156) Plan, site. A plan of a lot prepared to scale which shows the dimensions and location of any existing or proposed structures or structures, the location of the lot in relation to abutting streets, and other information in the Municipal Standards for Plan Contents
(157) Plan, yield. The subdivision plan required by Chapter 1137, Planned Residential District Regulations, drawn to scale, showing the maximum number of lots complying with all applicable standards, regulations, requirements, and specifications for lots, streets and utilities in a subdivision.
(158) Plant nursery/greenhouse. A commercial enterprise engaged in growing nursery stock, annual or perennial flowers, vegetables or other garden or landscaping plants within or under a greenhouse, cold frame, cloth house or lath house; but does not include a garden supply or landscaping center.
(159) Plat of Record (or Record Plat). A plat of survey with Municipal approval, which complies with all statutory requirements for filing as a permanent record with the Geauga County Recorder.
(160) Plat of survey. A scale drawing of property survey prepared in accordance with the requirements of R. C. Chapters 711 and 5311 and O. A. C. §4733-37, as appropriate, and upon which the previous and current property lines and parcel boundaries established by survey and showing all details specified in applicable Municipal and State of Ohio regulations.
(161) Playground. An area used for active recreation including facilities for court games and equipment for younger children.
(162) Porch. A roofed open structure that projects from the front, side or rear wall of a building. An enclosed porch is included as part of the principal building.
(163) Preliminary Plan. (see plan, development)
(164) Project boundary; development boundary: The boundary defining the tract(s) of land included in a proposed development project or any boundary that separates the tract(s) of land in the proposed development from abutting property. (Ord. 2635. Passed 1-13-11.)
(165) Public hearing. An official meeting scheduled with notice required by the Codified Ordinances and the Ohio Sunshine Law of the City Council, the Planning Commission prior to the governing body rendering a decision and to provide a forum for public comment or testimony.
(Ord. 2635. Passed 1-13-11; Ord. 2798. Passed 12-12-13.)
(166) Public safety facility. A municipal or government facility for public safety and emergency services including, but not limited to, a facility that provides police or fire protection and related administrative facilities.
(167) Public service facility. Buildings, power plants or substations, water treatment plants or pumping stations, sewage treatment, disposal or pumping plants and other similar structures operated by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other government agency, to produce and provide electric, gas, rail transport, communication, water and sewerage treatment services.
(Ord. 2635. Passed 1-13-11.)
(168) Public Facility (Municipal): A municipal government facility owned by the City of Chardon for public safety services, police or fire protection, ambulance services, street maintenance, water treatment plants or pumping stations, sewage treatment, disposal or pumping plants, municipal parking facilities, bikeway trailheads and plazas, administrative facilities or any other such facility the Council deems reasonable or necessary to protect the public health, safety and welfare.
(169) Public Facility (Non-Municipal): A facility for an entity other than the City of Chardon for public safety services, police or fire protection, ambulance services, street maintenance, water treatment plants or pumping stations, sewage treatment, disposal or pumping plants, administrative facilities, buildings, power plants or substations, and other similar structures operated by a public utility, by a railroad, whether publicly or privately owned, or by a government agency other than the City of Chardon, to produce and provide electric, gas, rail transport, water and waste water treatment, communication services, or safety services.
(Ord. 2917. Passed 2-11-16.)
(170) Record Documents. Drawings and maps in which comply with Section 1113.35, Record Documents Submittal.
(171) Recreation vehicle/equipment. A vehicle used as a portable structure and without a permanent foundation that can be towed, hauled, or driven and which is primarily designed and manufactured as temporary living accommodations for recreational, camping, and travel use; and includes a recreational vehicle, boat, personal watercraft, pick-up truck camper, snow mobile, folding tent trailer and other camping and recreational equipment as determined by the Community Development Administrator, and any trailer that may be used to convey a recreational vehicle or equipment.
(172) Recycling collection facility. A facility which accepts by donation or redemption, or purchases recyclable materials from the public.
(173) Recycling processing facility, indoor. Buildings in which recycled materials are separated, sorted and temporarily stored prior to shipment for remanufacture into new materials. All recycling process activities at the facility shall take place in principal or accessory buildings. This facility shall not include salvage yards.
(174) Recycling processing facility, outdoor. A lot or parcel of land, with or without buildings, upon which used materials are separated, sorted and temporarily stored for shipment for manufacture into new materials. This facility shall not include a salvage yard.
(175) Religious assembly. See "place of worship".
(176) Residential Care Facility. A dwelling unit or dwelling units within a building licensed by the State of Ohio and used primarily for providing room, board, supervision and personal care in a residential setting to three or more residents thereof whose disabilities or impairments limit their ability to live independently; and secondarily for training, rehabilitation and nonclinical services.
(177) Residential facility. A facility licensed by the Ohio Department of Mental Health that provides room, board, personal care, supervision, rehabilitation services and mental health services, in a residential setting, to one or more persons with mental illness or severe mental disabilities as follows:.
A. Family home. A residential facility that provides the services to six (6) to eight (8) mentally retarded or developmentally disabled persons.
B. Foster family home. A residential facility that provides the services to five (5) or fewer mentally retarded or developmentally disabled persons.
C. Group home. A residential facility that provides the services to nine (9) to sixteen (16) mentally retarded or developmentally disabled persons.
(178) Residential Telecommuting: Engaging in a gainful occupation or profession by a resident or residents within a dwelling unit, while maintaining periodic communication with a principal office outside of the dwelling by the use of telecommunication devices including but not limited to wire or wireless telephone, fax machine or computer modem.
(179) Restaurant. An establishment where food or drink is prepared, served, and consumed within the principal building.
(180) Restaurant, outdoor dining. An establishment where food and drink are prepared inside the restaurant and consumed outside in an area adjacent to the principal building.
(181) Retail establishment. A business which sells goods or merchandise to the general public for personal or household consumption, with display areas that are designed and laid out to attract the general public, provides services incidental to the sale of such products and maintains regular business hours. In determining whether a use is retail, the proportion of display area vs. storage area and to the number of display windows in the building façade may be considered. Adult entertainment is not a retail use.
(182) Right-of-way. A strip of land and the air space above the surface dedicated as a public way for public use and recorded as such. In addition to the roadway, the right-of-way normally and customarily includes curbs, lawn strips, sidewalks, water, sewer and other utility 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.
(183) Right-of-way line; street line. The line between a lot, tract, or parcel of land and the contiguous pavement or public right-of-way.
(184) Rooming house. See boarding house.
(185) School college/university (public/private). An educational institution authorized by the State of Ohio to award post secondary degrees.
(186) School (public/private) elementary/secondary. Publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code, or facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full-time day schools and which are operated by a board of education or an established religious organization.
(187) School, specialty/personal instruction. A facility (a) primarily teaching skills that prepare students for jobs within a specific trade or a (b) providing instruction on social and religious customs and activities, performing arts or sports. Such facilities may include beauty schools, dance instruction centers, cooking schools and martial arts studios.
(188) Scientific research, development, training and testing facility. A building or group of buildings used for primarily scientific research, investigation, testing or experimentation and the manufacture or sale of products is incidental and secondary to the primary use.
(189) Self-storage facility, indoor. A facility or mini-warehouse means a facility consisting of a building or group of buildings in an area where access is controlled and limited to tenants who rent varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of the tenants' residential goods or wares.
(190) Service establishment, business. An establishment providing services to businesses on a fee or contract basis, such as advertising and mailing services, employment services, business security equipment and furniture sales or rental, photocopy services, protective services, or similar services.
(191) Service establishment, personal. An establishment providing recurring, personal services to individuals, such as a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, massage establishment, body piercing establishment or tattoo establishment, but excludes a dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.
(192) Setback. The required minimum horizontal distance, established by this Planning and Zoning Code, between a lot line or the proposed thoroughfare line shown on the Official Thoroughfare Plan, whichever is more restrictive; and a building, surface parking lot or structure as.
(193) Setback Line. A line established by this Planning and Zoning Code generally parallel with and measured from the lot line or the proposed thoroughfare line shown on the Official Thoroughfare Plan whichever is more restrictive, defining the minimum distance a building, structure, parking area or outdoor storage area, shall be located from the said lot or thoroughfare line, except as may be provided in this Planning and Zoning Code.
(194) Shade Tree. A tree with foliage that usually sheds annually and is planted primarily for its high crown of foliage or overhead canopy.
(195) Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
(196) Sign. Any visual display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure which directs or attracts attention to, or announces or promotes, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, logos, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message.
(197) Similar Use. A land use which is similar to but not the same as a permitted or conditional use.
(198) Single housekeeping unit. A unit where one has common use and access to all living areas, bathrooms, and food preparation, serving and eating areas.
(199) Slope. An inclined ground surface, which is expressed as a ratio of the horizontal distance to the vertical distance.
(200) Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches.
(201) Start of construction.
A. If a preconstruction submittal is required for a development project (see Table 1111.009(a) Submittals Required), the start of construction shall be the date of the preconstruction meeting
B. If a preconstruction submittal or a preconstruction meeting is not required for a development project (see Table 1111.009(a) Submittals Required), the start of construction shall be the date of the commencement of earth moving activities or the commencement of work to build a structure, whichever comes first.
(202) Street, private. A way which provides access within a development to vehicular traffic that is neither dedicated nor is dedicated to the City nor maintained by the City.
(203) Structure. Anything constructed or erected which must be on the ground or attachment to something having a fixed location on the ground including, but not limited to a building, wall, shed, gazebo, sign, tower, patio, platform, paving or fence.
(204) Structural alteration. A change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions; or a increase or decrease in the area or volume within the building.
(205) Subdivision. The division of a parcel or contiguous parcels, or land of record into two or more parcels, sites or lots for the purpose of transfer of ownership. The sale or exchange of a parcel between adjoining property owners, where the area is not sufficient, to create a building site, is not a subdivision.
A. Subdivision, minor. The subdivision of lands into five (5) or less parcels, sites or lots when such subdivision includes all contiguous land under one ownership and which neither requires new streets or easements of access or opening, widening, extending, or improve a street; nor the installation of any underground utility service mains.
B. Subdivision, major. A subdivision that does not meet the requirements of a minor subdivision.
(206) Swimming Pool. A structure, whether above or below grade level, designed to hold water more than 18 inches deep to be used for recreational purposes. A swimming pool does not include a farm pond, retention basin, or lake.
A. Portable swimming pool: An above ground pool which is not permanently installed; does not require water filtration, circulation or purification; the water therein does not exceed 18 inches in depth; does not exceed 100 square feet in area and does not require braces or supports.
B. Indoor swimming pool: A swimming pool located inside a fully enclosed building which is secured to prevent unauthorized access.
C. Outdoor swimming pool: A swimming pool which does not qualify as an indoor swimming pool.
(207) Technically Suitable. The location of a wireless telecommunication antenna that reasonably serves the purpose for which it is intended within the bandwidth of frequencies for which the owner or operator of the antenna has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
(208) Telecommunication. Technology permitting the transmission of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
(209) Telecommuting. (See Residential Telecommuting)
(210) Theater. A building or part of a building devoted to showing motion pictures or presenting dramatic, dance, musical, or other live performances.
(211) Thoroughfare Plan / Official Thoroughfare Plan. The City of Chardon Thoroughfare Plan contained in the Comprehensive Plan Update (adopted by Council March 13, 2008, and as thereafter amended) Section III Development Polices, C. City Wide Policies, 1. Vehicular Circulation and Thoroughfare Plan.; see also Map 20 Proposed Thoroughfare Plan.
(212) Transport and truck terminal. A building or area in which freight brought by truck is assembled and/or stored for further routing in intrastate and interstate shipment by truck or where tractor and trailer units and other trucks are parked or stored.
(213) Use. The purpose for which land and/or building or structure is arranged, designed, intended, maintained or occupied; or an occupation, activity or operation carried on in a building or structure or on land.
A. Use, accessory. A use located on the same lot with the principal use of a building or land which is incidental and subordinate to and constructed or commenced subsequent to the principal use of the building or land.
B. Use, conditional. A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1145, Conditional and P* Uses Regulations; and which requires conditional use approval by the Planning Commission, in accordance with the standards and procedures set forth in Chapter 1117, Conditional Use Certificates.
C. Use, permitted. A use that is authorized by the Planning and Zoning Code as a use permitted by right, a use permitted by right with supplementary regulations, a conditional use, or an accessory use.
D. Use permitted by right. A permitted use that does not require a public hearing and may be approved administratively when it complies with the standards and requirements of the Planning and Zoning Code, the approval of which does.
E. Use permitted by right with supplementary regulations. A use designated with a P* is permitted by right as a principal use, if the use complies with the regulations in Chapter 1145, Conditional and P* Use Regulations, all other requirements of the Planning and Zoning Code, and other applicable City Ordinances. If the use does not comply with the regulations in Chapter 1145, then the use and any deviation from the required standards shall be considered as a conditional use that must comply with the procedures set forth in Chapter 1117, Conditional Use Certificates for approval.
F. Use, principal. The primary or main use or activity of a building, structure or land.
G. Use, temporary. A use that is established or approved for a fixed period of time and does not involve the construction or alteration of any permanent structure. Such use shall be discontinued upon the expiration of such time.
(214) Utility substation/distribution facility, indoor. A facility contained entirely within a building, which performs either of the following functions:
A. Aids in the transmission or distribution of gas, electricity, steam or water, or landline telephone communications.
B. Is used as a distribution center of utility services, such as a water pumping station, water reservoir, transformer station, landline telephone exchange, or building for radio or television transmission, a yard or building for storage, maintenance or repair service.
(215) Utility substation/distribution facility, outdoor. A facility, other than a transmission tower and not contained entirely within a building, which is used for either of the following functions:
A. The transmission or distribution of gas, electricity, steam or landline telephone communications.
B. A distribution center, including but not limited to a transformer station, landline telephone exchange, or building for radio or television transmission.
(Ord. 2635. Passed 1-13-11.)
(Ord. 2635. Passed 1-13-11.)
(216) Variance. An approval by the Planning Commission authorizing the property owner or other party with standing to vary the use from the literal terms of the relevant regulations.
(Ord. 2635. Passed 1-13-11; Ord. 2798. Passed 12-12-13.)
(217) Vehicle. Everything on wheels or runners, including motorized bicycles, but does not mean electric personal assistive mobility devices, vehicles that are operated exclusively on rails or tracks or from overhead electric trolley wires, and vehicles that belong to any police department, municipal fire department, or volunteer fire department, or that are used by such a department in the discharge of its functions.
(218) Vehicle repair garage. An establishment providing repair services performed within an enclosed building for motor vehicles, including the sale, installation and servicing of related equipment and parts. This term includes, but is not limited to, the repair or servicing of transmissions, engines or upholstery; the rebuilding or reconditioning of motor vehicles, or parts thereof, including clutch, transmission, differential, axle, spring, and frame repairs; major overhauling of engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; or similar activities. This term includes, but is not limited to, an auto repair shop, wheel and brake shop, tire sales and installation, or upholstery shop. Vehicle dismantling or salvage, tire re-treading or recapping, or motor vehicle body shop Are not vehicle repair garages.
(219) Vehicular use area. An area for storage of vehicles and an area including all land designed to be traversed by vehicles including, but not limited to, drive-in activities such as filling stations, grocery and dairy stores, banks, restaurants and the like.
(220) Veterinary Office. See animal hospital.
(221) Warehousing. A building used for the indoor storage of goods and materials.
(222) Wholesale sales & distribution, indoor. An enterprise or facility used for business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. All such activities take place inside principal or accessory buildings.
(223) Wholesale sales & distribution, outdoor. An enterprise or facility used for business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. Such activities may take place outside of the principal or accessory buildings.
(224) Wireless Telecommunication Antenna. An antenna system mounted on a tower or other structure designed to transmit or receive communications as authorized by the Federal Communications Commission (FCC) excluding amateur radio operator antennas.
(225) Wireless Telecommunication Equipment Building. The structure in which the electronic receiving and relay equipment for a wireless telecommunication facility is housed.
(226) Wireless Telecommunication Facility. A facility consisting of the equipment, building(s), tower, antenna(s) and other structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(227) Wireless Telecommunication Tower. A tower including but not limited to self-supporting lattice or monopole which elevates the wireless communication antenna and may include accessory transmission and receiving equipment.
(228) Yard. An open space on the same lot with a principal building or structure extending between the lot line and the front, rear or side wall of the main building or structure. See Figure 3, Illustration of Yards.
A. 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.
B. Yard, front. The area across the full width of the lot between the front of the principal building and the front line of the lot.
C. Yard, rear. The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
D. Yard, side. The area between the main building and the side line of the lot extending from the front wall to the rear wall of the main building.
(229) Yield Plan. (See Plan, Yield).
Figure 3
Illustration of Yards
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(230) Zoning Administrator. (See Community Development Administrator).
(231) Zoning Certificate. A document issued by the Community Development Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure.
(232) Zoning Lot. (see Lot, zoning)
(233) Zoning Map / Official Zoning District Map. An accurate map depicting the City of Chardon, Ohio, and indicating the boundaries of the zoning districts established by this Planning and Zoning Code.
(Ord. 2635. Passed 1-13-11; Ord. 3040. Passed 12-13-18.)