1103.03 DEFINITIONS.
   (a)   Words, phrases, and terms not defined in this Chapter 1103, or the City of Chardon Administrative Code or Street, Sidewalk and Public Utilities Code, shall be given their usual and customary meanings, except where the context clearly indicates a different meaning.
   (b)   For the purpose of the Planning and Zoning Code, the following terms shall have the meaning herein indicated:
   Abut. To physically touch or border upon; or to share a common property line.
   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.
   Adjacent. Two (2) properties, lots, or parcels are "adjacent" where they abut, or where they are separated by an alley, roadway or street, right-of-way, or railroad line, or any stream, lake, or other body of water. See also abut.
   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:
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)).
Adult Bookstore, Adult Novelty Store, or Adult Video Store. 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:
   (a)   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;
   (b)   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.
Adult Cabaret. A nightclub, bar, juice bar, restaurant bottle club, or similar commercial establishment, whether or not alcoholic beverages are served, which regularly features:
   (a)   Persons who appear semi nude,
   (b)   Live performances which are distinguished or characterized by an emphasis upon the exposure of specified anatomical areas or specified sexual activities, or
   (c)   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)).
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.
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.
   
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.
Sexual Encounter Establishment. A business or commercial establishment which, as one of its principal business purposes, offers, for any form of consideration, a place where two (2) 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.
   Agriculture. The principal use of 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.
   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.
   Alley. See Section 301.03 Alley of the Codified Ordinances.
   Animal Boarding Facility. A commercial establishment wherein three (3) or more domesticated animals more than four (4) months of age are kept or maintained overnight for commercial purposes such as boarding, breeding, and selling, and which may offer minor medical treatment. This use includes commercial kennels and pet shelters but excludes animal hospitals or clinics where animals are kept only for treatment by licensed veterinarians.
   Animal Day Care/Animal Grooming. A facility where the care and supervision of cats and dogs is provided but which does not include any overnight boarding or outdoor kennel. This use type shall also include establishments where the primary service provided is the cleaning and grooming of domestic pets including bathing, brushing, combing, nail and hair trimming, etc., and where there are no boarding facilities. The facility may also provide services such as obedience classes, training, or behavioral counseling.
   Animal Hospital/Clinic. A facility operated under the supervision of a licensed veterinarian where domestic animals are given medical or surgical treatment and the boarding of animals incidental to treatment does not exceed 30 days.
   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.
   Assisted Living Facility. A licensed residential care facility residence for adults that provides rooms, supervision, meals, housekeeping, and personal care services as described in the Ohio Revised Code, and skilled nursing care as defined by the Ohio Revised Code but subject further to the limitation that such skilled nursing care shall not be administered to any one resident in excess of one hundred eighty (180) days for each period of three hundred sixty-five (365) days, to individuals who are dependent on the services of others by reason of age or physical or mental impairment and shall be the primary functions of the facility.
   Basement or Cellar. The portion of a building located partly underground having at least one-half (1/2) of its clear floor to ceiling height below the average grade of the surrounding ground.
   Bed and Breakfast Establishment. A residential building, , where overnight lodging is offered to the public for compensation at a daily rate, containing no more than seven (7) guest rooms, each of which is open to occupancy for periods of less than one week, and with not more than one kitchen facility to serve and/or be available for use by guests. The term "bed and breakfast" does not include: "rooming house", "hotel (or motel)", "inn", "restaurant-table service", or "restaurant counter service".
   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.
   Bikeway & Pedestrian System Plan. The City of Chardon Bikeway & Pedestrian System Plan adopted by Ordinance 2582, April 20, 2010.
   Block Face. A single side of a dedicated street including parcels and public right of way running between intersecting streets.
   Brewery, Distillery or Winery Production Facility. An establishment that produces a quantity that exceeds the allowance for a "micro-brewery", "micro-distillery", or "micro-winery" production facility, as defined in this zoning code.
   Brewpub. A restaurant with an onsite micro production facility that sells twenty-five percent (25%) or more of its product on site.
   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.
   Building Height. The vertical distance measured from the adjoining curb grade to the highest point of the roof surface of a flat roof; to the deck line of a mansard roof; and to the mean height level between eaves and the ridge line for a gable, hip or gambrel roof, each of which is measured from the average elevation of the finished grade along the front of the building.
   Building Line. An imaginary line extending from both sides 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.
   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.
   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.
   Building, Principal. A building occupied by the main use of the lot on which building is located.
   Building. A completely enclosed structure having one (1) 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.
   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 (4) inch caliper size, and twelve (12) inches above the ground for a caliper size greater than four (4) inches.
   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.
   Carport. A roofed structure with a foundation, enclosed on not more than three (3) sides that provides space for the parking of vehicles.
   Cemetery. Land used or intended to be used 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.
   City Engineer. The Municipal Engineer of Chardon, Ohio.
   Cluster Infill Development. A residential development located on a vacant site in an already developed area in which the dwelling units and accessory uses are grouped together with reduced lot sizes, and may be attached, and which includes permanently preserved open space.
   College/University, Trade or Vocational School. Any private or public secondary educational institution that includes, but is not limited to: secretarial schools, colleges and universities, business schools, post-secondary trade schools, seminaries, or any other institution providing collegiate level curriculum.
   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.
   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, and which may include an accessory retail shop for the sale of related equipment and refreshments. A health club is an indoor commercial recreation facility.
   Commercial Recreation, Outdoor. A facility primarily used for outdoor recreational activities, and secondarily for view such activities and which may include an accessory retail shop for the sale of related equipment and refreshments. 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.
   Common Area. A land area, with or without structures that is held in common ownership by the residents through 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.
   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 that are open to the general public.
   Community Development Administrator. The individual designated to administer and enforce the Planning and Zoning Code of the City of Chardon, Ohio.
   Community Indoor Recreation Facility. A building used for the meeting, recreation, or social activity designed to accommodate and serve the residents of a subdivision or development to which the use is associated with and is privately owned or jointly owned by property owners through a homeowners association or other non profit organization and open only to the members and guests thereof.
   Community Outdoor Active Recreation Use. Any park or recreation facility, or portion thereof that is owned or operated by a government or non-profit agency where the activity requires grading of the land, construction of facilities, lighting, or is developed for athletic fields, tennis courts, swimming pools, skate parks, disc golf, golf course and other similar outdoor facilities.
   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.
   Comprehensive Plan. The City of Chardon, Comprehensive Plan Update (adopted 2019) and as thereafter amended or updated which is intended to guide the growth and development of the City.
   Condominium. A building or development containing multiple individual owners' dwelling units and jointly owned and shared areas and facilities, which dwelling or development is subject to the provisions of a homeowners' association and/or Ohio law.
   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.
   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.
   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.
   County. Geauga County, Ohio.
   Crematorium. A facility at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incarceration facility or a solid waste incineration facility.
   Cultural Institution. A public or private facility that provides for the display, performance, or enjoyment of heritage, history or arts. This includes, but is not limited to, facilities that preserve scientific or artistic objects, including a museum, art gallery, aquarium or planetarium, but does not include movie theaters.
   Day Care Center. A commercial facility that provides individuals with care for less than twenty-four (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, or care that is provided in a residence.
   Deciduous Tree. A tree with foliage that sheds its leaves at the end of a growing season and regrows them at the beginning of the next growing season.
   Density, Gross. Gross density means the number of dwelling units permitted per acre of total land area.
   Density. The number of dwelling units permitted per acre of land.
   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.
   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".
   Diameter at Breast Height (DBH). The diameter of a tree trunk measured in inches at a height of four and one-half (4.5) feet above ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its narrowest point below the split.
   Drive Thru Facility. A building, portion of a building or free-standing structure 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 shall not include a car wash, gasoline station or motor vehicle service station.
   Dwelling Unit. One (1) 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.
   Dwelling, Attached Single Family. Three (3) or more dwelling units in one (1) 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.
   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 1103.03(a), Detached Single Family Dwellings.
Figure 1103.03(a)
Dwelling, Detached Single-Family.
   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.
   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
   Dwelling. A building or portion thereof containing one (1) or more dwelling units designed for residential occupancy, including a "single family", "two family" and "multi family" dwellings as defined herein.
   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. "Earth moving activity" does not include tree cutting without concurrent stump removal.
   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.
   Entertainment Device Arcade" or "Arcade. A business, establishment, room or place where four (4) 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.
   Entertainment Device. 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.
   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.
   Façade. The portion of any exterior elevation on the building that extends from grade to the top of the parapet, wall, or eaves and the entire width of the building elevation.
   Family Day Care Home, Type B. A permanent residence of the provider in which childcare is provided for one to six children at one time and in which no more than three (3) children are under two (2) years of age at one time. In counting children for the purposes of this division, any children under six (6) years of age who are related to the provider and who are on the premises of the type B home shall be counted; or as defined in the Ohio Revised Code. "Type B family day care home" and "type B home" do not include any child day camp.
   Family. One individual, any number of individuals related by blood, marriage, adoption, or foster children as defined (see "foster child") plus not more than two (2) additional persons not related as set forth above, or not more than five (5) unrelated individuals occupying a dwelling unit as their primary place of residence. In each situation, all members of such family are living together as a single housekeeping unit and using one common kitchen facility. "Family" does not include groups occupying a hotel or motel or other transient lodging facility as herein defined; nor a facilities or house manager. Notwithstanding the provisions of this definition, no family unit shall exceed in total number those persons permitted under the applicable provisions of the Housing Code describing required habitable floor and bedroom areas for each occupant.
   Fence, Ornamental. 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:
   (a)   "Rail fence" or "split rail fence" A fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
   (b)   Wrought iron fences, decorative steel fences, and aluminum fences.
   Fence, Opaque. A fence constructed in a way that limits the view through the fence in such a way that when viewed at right angles, has less than sixty percent (60%) of the area of its vertical plane open to light and air.
   Fence, Privacy. 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:
   (a)   "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.
   (b)   “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.
   (c)   "Board on board fence" or "picket fence."
   (d)   "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.
   Fence. A structure constructed of wood, masonry, stone, chain link, non-vinyl clad, wire, metal, or other manufactured material or combination of materials erected and positioned in such a manner to enclose or partially enclose, screen all or part of a lot or premises.
   Financial Institution. An establishment providing retail banking, credit and mortgage services and regulated by an agency of the State of Ohio or federal government. Financial institutions may include, but are not limited to, commercial banks, loan or mortgage companies, stockbrokers, savings institutions, credit unions, and other similar uses. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
   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.
   Fleet Vehicles. One (1) or more cars, trucks, vans, and/or other vehicles, including motorized equipment and associated trailer needed to transport the equipment, which are owned by the operator of the principal use and used in the operation thereof, but not including a privately owned customer or employee vehicle.
   Floor Area, Gross. The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building, or from the center line of a common wall separating two (2) or more units of a building, and including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial activities related to the principal use, not including storage, it shall be counted as floor area in computing off-street parking requirements.
   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.
   Footcandle. A unit of illumination produced on a surface, all points of which are one (1) foot from a uniform point source of one (1) candle.
   Forestry. Growing and caring of trees for commercial purposes, including the cutting and marketing of timber.
   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.
   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.
   Funeral Home. A building or part thereof used for human funeral services. 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.
   Garage. A building, or part thereof, used or intended to be used for the parking and storage of vehicles.
   Gasoline 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.
   Glare. Direct light that causes annoyance, discomfort or loss in visual performance and visibility.
   Group Home, Large. A licensed residential facility that complies with the regulations of either ORC 5119.341(B) for residential facilities for six (6) to sixteen (16) persons with mental health issues or ORC 5123.19(N) residential facilities for nine (9) to sixteen (16) persons with developmental disabilities.
   Group Home, Small. A licensed residential facility that complies with the regulations of either ORC 5119.341(A) for residential facilities accommodating up to five (5) persons with mental health issues or ORC 5123.19(M) residential facilities accommodating up to eight (8) persons with developmental disabilities, or an unlicensed residential facility accommodating up to five (5) persons whose living arrangements constitute a family as defined in this Planning and Zoning Code.
   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.
   
   Heliport. Any structure, improvement, or area provided for helicopter landings or take offs.
   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.
   Home-Based Business/Occupation. A business activity or an occupation carried on in a dwelling unit by a resident or residents thereof, which is incidental and secondary to the residential use of the dwelling unit.
   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
   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.
   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, motel, motor lodge, tourist cabin, or otherwise.
   Household. A family living together in a single dwelling unit, with common access to and common use of the entire living area, including facilities for the preparation and serving of food within the dwelling unit.
   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. The term "improvement" does not include maintenance of an existing development feature.
   Landscaped Area. An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
   Lattice. A vertical framework or structure of crossed metal strips to which antennas are affixed.
   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.
   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.
   Loading Space, Off Street. An area located outside of the 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.
   Lot Coverage. That portion of a lot, which when viewed directly above, would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water. The ratio of the total ground area covered by all buildings on the lot to the total area of the lot (total building area divided by total land area).
   Lot Frontage. That portion of the lot extending along the street right of way.
   Lot Line, Property Line. The boundary line defining the limits of the lot.
   (a)   Lot Line, Front: The line separating an interior lot from a public street right of way, or the pavement of a private street 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. On a through lot, each lot line that abuts a street shall be a 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 ten (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.
   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.
   Lot Size. The total area contained within the lot lines, excluding of any portion of the public right of way.
   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 1103.03(b) for an illustration of lot types.
   (a)   Lot, corner. A lot which adjoins the point of intersection or meeting of two (2) or more streets.
   (b)   Lot, interior. A lot abutting or with frontage on only one (1) street.
   (c)   Lot, through: A lot having frontage on either parallel or approximately parallel streets or on two (2) streets which is not a corner lot.
Figure 1103.03(b)
Illustration of Lot Types
   Lot Width. The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
   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.
   Luminaire. A complete lighting unit consisting of a light source and all necessary mechanical, electrical and decorative parts.
   Major Development. A commercial or industrial construction project on a zoning lot of more than five (5) acres; a residential development including, but not limited to, a major subdivision, a planned residential development or cluster development.
   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 (2) 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.
   Manufactured Home. A structure, transportable in one (1) 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.
   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.
   Medical/Dental/Health Services Office/Clinic. A facility that provides diagnoses, minor surgical care and outpatient care to human patients by a group of dentists, physicians or similar medical professionals on a routine basis, but does not offer overnight or emergency care. This term includes establishments providing support to medical professionals and patients, such as medical and dental laboratories, and blood banks, but does not include hospitals.
   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.
   Micro-Production Facility, Including Micro-Brewery, Micro-Distillery, Micro-Winery. A small scale facility that produces a limited amount of a 'craft' or 'artisan' alcoholic beverage, depending on the type of beverage produced, which possesses the appropriate liquor permit from the State of Ohio, and which may sell to the public by one or more of the following methods: the traditional three-tier system (producer to wholesaler to retailer to consumer); the two-tier system (producer acting as wholesaler to retailer to consumer); and, directly to the consumer through carry-outs and/or on-site tasting-room or restaurant sales, depending on the zoning district in which the use is located:
   (a)   Micro-brewery. A facility that produces less than 15,000 barrels (17,600 hectoliters) of beer per year (as defined by the Brewer's Association).
   (b)   Micro-distillery. A facility that produces less than 50,000 proof gallons per year (as defined by the American Distilling Institute).
   (c)   Micro-winery. A facility that produces less than 10,000 cases of wine per year, where all aspects of production occur within the footprint of the structure.
   Minor Subdivision. (see Subdivision, minor)
   Motor Vehicle Service Station. A building, part of a building, structure or land 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 Motor Vehicle Repair Garage shall not be permitted.
   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.
   Motor Vehicle Sales and Leasing. Any building or land used for the display, sale or long-term lease (one-year or longer) of new or used motor vehicles in operable condition and including the sale or lease of typical passenger vehicles including, but not limited to, cars, passenger trucks, and motorcycles.
   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 twenty-four (24) hours of the initial request, and which does not have disabling damage.
   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 (10) miles and at a speed of twenty five (25) miles per hour or less.
   Motor Vehicle Repair Garage. An establishment providing repair services , rebuilding, reconditioning, body or fender work, framework, painting or the replacement of major parts of motor vehicles (e.g., major engine repair), and which may include 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. "Motor vehicle repair garage" does not include vehicle dismantling or salvage, or tire re treading or recapping.
   Multifamily Dwelling. (see dwelling, multifamily)
   Municipal Standards and Specifications. Technical or design requirements, stipulations, definitions or set of rules adopted by the City of Chardon applicable to development projects governed by this Planning and Zoning Code.
   New Construction. Construction of a new building or structure.
   Nonconforming. 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)   Nonconforming 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)   Nonconforming 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)   Nonconforming site condition. A site improvement that was legally established, but no longer conforms to the current regulations in the Planning and Zoning Code.
   (d)   Nonconforming 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.
   Nursing Home. A licensed extended or intermediate care facility that 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. A hospital is not included in this definition.
   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.
   Outdoor Dining Facility. An area outside but adjacent to the principal building of an establishment where food or drink are consumed.
   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 directly from the display area.
   Outdoor Storage. The storage of goods, materials, merchandise or vehicles in the same place for more than twenty-four (24) hours in an area outside of a building or structure, except for merchandise placed in an outdoor display in a manner that complies with the regulations for outdoor display.
   Park. A tract of land, designated and used by the public, for active or passive recreation.
   Parking Garage, Commercial. A building or structure with more than one level and used to store motor vehicles, which is the principal use of the lot, providing parking spaces for uses that may or may not be located on the same lot.
   Parking Lot; Parking Area. An outdoor paved area with marked parking spaces and access drives to provide temporary off street parking.
   Parking Space, Off Street. An open or enclosed area outside the public street right of way, adequate for parking a motor vehicle with room for opening doors on both sides, with access to a public street and arranged so as to allow ingress and egress of a motor vehicle without the necessity of moving any other vehicle.
   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.
   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.
   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.
   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.
   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.
   Plat of Survey. A scale drawing of property survey prepared in accordance with the requirements of O.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.
   Playground. An area used for active recreation including facilities for court games and equipment for younger children.
   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.
   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.
   Public Hearing. An official meeting scheduled with notice required by the Codified Ordinances of the City Council or the Planning Commission with the explicit purpose of being a forum to permit public comment or testimony prior to the governing body rendering a decision.
   Public Facility. A government facility owned by the City of Chardon or another entity, whether publicly or privately owned, 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 to provide public services or facilities that are deemed reasonable or necessary to protect the public health, safety and welfare.
   Record Documents. Drawings and maps in which comply with Section 1113.35, Record Documents Submittal.
   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.
   Restaurant - Counter Service. A retail service establishment whose principal business is the preparation and sale of food, frozen desserts, and/or beverages where food and/or beverages are: (1) prepared in ready-to-consume individual servings in advance of customer orders or are able to be quickly prepared for consumption on or off the premises; (2) ordered at a counter or drive-through window; and (3) paid for before being consumed.
   Restaurant - Table-Service. A retail service establishment wherein the entire business activity, or substantially all of the business activity, consists of the preparation and sale of food, where customers order from and are served at their tables for on-premises consumption within the building.
   Restaurant, Outdoor Dining. See Outdoor Dining Facility.
   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.
   Retail, Large Format. A retail establishment that sells primarily large, oversized, bulky goods which consumers purchase relatively infrequently and that generates a low volume of customer traffic compared to traditional retail. Examples of such establishments include but are not limited to the sale of lumber and other similar types of building materials, furniture, large appliances, and swimming pools.
   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.
   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.
   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.
   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.
   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.
   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.
   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.
   Setback Line. A line established by this Planning and Zoning Code generally parallel with and measured from a lot line or a 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 said lot or thoroughfare line, except as may be provided in this Planning and Zoning Code.
   Setback. The required minimum horizontal distance, established by this Planning and Zoning Code, between a lot line or a proposed thoroughfare line shown on the Official Thoroughfare Plan, whichever is more restrictive; and a building, surface parking lot or structure.
   Shrub. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground.
   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.
   Single Housekeeping Unit. A unit where each resident has common use and access to all living areas, bathrooms, and food preparation, serving and eating areas.
   Slope. An inclined ground surface, which is expressed as a ratio of the horizontal distance to the vertical distance.
   Small Tree. A living tree with a DBH measurement at maturity of at least four (4) inches.
   Start of Construction. 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.
   Street, Private. A way which provides access within a development to vehicular traffic that is neither dedicated to the City nor maintained by the City.
   Structural Alteration. A change or rearrangement in the supporting members of a building, such as beams, girders, bearing walls, columns or partitions; or an increase or decrease in the area or volume within the building.
   Structure. Anything constructed or erected which must be on the ground or attached 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.
   Subdivision. Means any of the following:
   (a)   The division of a parcel or contiguous parcels, or land of record into two (2) or more parcels, sites or lots for the purpose, whether immediate or future, of transfer of ownership.
   (b)   A division, allocation or reallocation of land for the opening, widening or extension of any street, or as open spaces for common use, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities in connection with the improvement of one or more parcels or land for residential, commercial or industrial development.
   (c)   A resubdivision or replatting, including the consolidation of two (2) or more lots and a lot line adjustment, for the sale or exchange of land between adjoining property owners where the sale or exchange does not create additional building sites.
   Subdivision, Minor. The subdivision of a parcel along an existing street into five (5) or less parcels, sites or lots when such subdivision includes all contiguous land under one ownership and which does not involve the creation of any new street or easement of access; opening, widening, extension or improvement of any street; nor the installation of any underground utility service mains. A minor subdivision includes a "lot split".
   Subdivision, Major. A subdivision that does not meet the requirements of a minor subdivision.
   Swimming Pool. A structure, whether above or below grade level, designed to hold water more than eighteen (18) inches deep to be used for recreational purposes. A swimming pool does not include a hot tub with a locking cover, 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 eighteen (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.
   Theater. A building or part of a building devoted to showing motion pictures or presenting dramatic, dance, musical, or other live performances.
   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).
   Transitional Supportive Housing. A facility that provides temporary, interim living accommodations and supportive services in a communal environment designed to assist residents in obtaining the skills and stability necessary to transition to independent living in permanent housing provided elsewhere. The definition of "transitional housing" includes the terms halfway house, safe house, temporary care home, and other similar uses. The definition of "transitional housing" does not include the terms "group home", as defined in the code, or other similar permanent group living facilities.
   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.
   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 1115, Conditional Use Certificates for approval.
   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.
   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.
   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 1115, Conditional Use Certificates.
   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.
   Use, Principal. The primary or main use or activity of a building, structure or land.
   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.
   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.
   Utility Substation/Distribution Facility. A facility, other than a transmission tower, which may or may not be not contained entirely within a building, and 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.
   Variance. An approval by the Planning Commission authorizing the property owner or other party with standing to vary the use or site conditions from the literal terms of the relevant regulations.
   Vehicular Use Area. The area that encompasses all off-street parking spaces, loading areas, waiting spaces, circulation aisles and the access drives that provide access to those spaces but does not include the entry drive or driveway with no direct access to a parking space, waiting space, or loading space.
   Veterinary Office. See animal hospital.
   Warehouse. A business establishment primarily engaged in the indoor storage of merchandise, goods and materials, not including "self-storage facilities".
   Wholesale Sales & Distribution. A business establishment 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 buildings.
   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 1103.03(c), 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.
Figure 1103.03(c)
Illustration of Yards
   Zoning Administrator. (See Community Development Administrator).
   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.
   Zoning Lot. (see Lot, zoning)
   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. 3273. Passed 5-9-24.)