Words used in this Code are used in their ordinary English usage. Certain words and phrases used in the Planning and Zoning Code shall be further defined have the meaning herein indicated:
(1) Access drive. A paved strip, which provides a vehicular connection between off street parking spaces and a public street.
(2) Accessory Building. A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is customarily incidental to the principal building or use and which is constructed subsequent to the principal building or principal use of the land, such as but not limited to a detached garage, storage shed, etc.
(3) Accessory Structure. See Structure, Accessory.
(4) Accessory Use. A use located on the same zoning lot with the principal or main use of a building, other structure or land, but incidental to the main building or land use.
(5) Acre. A measure of land area equal to forty-three thousand five hundred sixty (43,560) square feet.
(6) Administrative Review Team. A group of village administrative staff and professional consultants who may assist the Chief Building Official in the review of planning and zoning applications, and making recommendations to the Planning Commission, Architectural Review Board, or Village Council where required.
(7) Adult Family Homes. A residence or facility, as defined and regulated in Chapter 5119.70 of the Ohio Revised Code, which provides accommodations for three to five unrelated adults and provides supervision and personal care services to at least three of the unrelated adults. See also definition of small residential facilities.
(8) Aggrieved. Whenever a land-use decision has caused, or is expected to cause, harm or injury to a person, neighborhood organization, or governmental unit, and that the asserted interests of the person, organization, or unit are among those the local government is required to consider when it makes the land-use decision.
(9) Antennae. Any device designed to transmit or receive wave signals to or from any source.
(10) Appeal. A request to review a decision of or interpretation by the Chief Building Official or other authorized body relative to the administration of this Planning and Zoning Code.
(11) Applicant. A person, firm or corporation who has applied for approval of a site plan, architectural/design plans, minor subdivision, preliminary subdivision plan or final plat regarding a tract of land of which such person, firm or corporation is the owner(s) in fee simple or over which such person, firm or corporation can demonstrate authority and control to make such application, such as with a power of attorney from the owner(s) or record.
(12) Application. A formal submission by an applicant to obtain permits or approval pursuant to this Planning and Zoning Code and in such form and containing complete information, plans and specifications required by this Title and as may be required by this code.
(13) Assembly Hall, Meeting Place. An establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
(14) Assisted Living Facility The use of a facility for adults in need of some protective oversight or assistance due to functional limitations, which provides a living arrangement that integrates shelter, food and other supportive services to maintain a resident's functional status.
(15) Awning. An architectural projection or shelter projecting from and supported by the exterior wall of a building and composed of a covering of rigid or non-rigid materials and/or fabric on a supporting framework that may be either permanent or retractable.
(16) Berm. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
(17) Block. A tract of land bounded by streets.
(18) Boat. Includes all watercraft which are required to be registered by the State of Ohio and their trailers.
(19) Buffer or Buffer Area/Yard. A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
(20) Building Permit. A license to construct, alter, move or demolish in accordance with plans submitted and approved by the Chief Building Official as being in compliance with the Glenwillow Zoning and Building Ordinances.
(21) Building Setback. (see Setback)
(22) Building, Principal. The building or space occupied by the main use or activity on the premises.
(23) Building. Any structure, which is permanently affixed to the land, having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed, built or intended as a shelter or enclosure for persons, animals or property. The term building shall be construed under the Planning and Zoning Code as if followed by the words or parts thereof.
(24) Bulk. The size of a building or structure and the location of same with respect to one another, and including the height and area of buildings.
(25) Business Service Uses. Establishments that primarily engage in rendering services to businesses including, but not limited to, printers, equipment rental, protective services, mailing, photo finishing, and other similar uses.
(26) Business. An occupation, employment, or enterprise which occupies time, attention, labor and materials, wherein merchandise is exhibited or sold, or where services are offered or provided.
(27) Canopy. A roof-like shelter of canvas or other material extending over a doorway, from the top of a window, or over a deck, etc., in order to provide protection as from the sun, and which is carried by a frame which is supported by the ground.
(28) Carport. A completely covered automobile parking space not completely enclosed by walls or doors.
(29) Center Line. The mid-point in the width of a public right-of-way as established by recorded plats of survey.
(30) Certificate of Use Compliance. A certification, issued by the Chief Building Official, that a completed development complies with the terms and conditions of a previously issued zoning certificate and building permit and which authorizes the initial or changed occupancy and use of the building, structure, or land to which it applies.
(31) Collector Street. A street supplementary to and connecting the major arterial street system to local streets.
(32) Commercial Vehicle. Any motor vehicle or trailer, including but not limited to a truck, bus, trailer and/or moving van, used for business, industrial, office or institutional purposes; or having painted thereon or affixed thereto a sign identifying a business, industry, office or institution, or a principal product or service of such business.
(33) Conditional Use. A use, not allowed by right but only upon approval of the Planning Commission, which is allowed only under certain conditions to ensure the use will be compatible and harmonious with the existing district character or intended character.
(34) Construction Equipment. Equipment usually associated with the building trades for construction of all structures.
(35) Corner Lot. See Lot, corner.
(36) Cul-De-Sac. A local street with an outlet at only one end and a vehicular turnaround area at its termination.
(37) Deck. An accessory structure that is constructed directly over and elevated from ground level and which is open to the sky.
(38) Demolition. Complete or substantial destruction of any structure.
(39) Developer. Any person seeking to subdivide, build upon or develop land.
(40) Dwelling Unit. One or more rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one (1) family.
(41) Dwelling. Any building, or portion thereof designed or used exclusively for residential occupancy, including one-family dwellings, two-family dwellings, and multiple-family dwellings, but not including hotels or motels, camp cars, trailers, or any other vehicle on or off wheels.
(42) Easement. A grant by a property owner for the use of land for a specific purpose.
(43) Established street grade. The roadway elevation established by construction or usage measured at the roadway centerline in front of the lot.
(44) Family Day Care Home, Type B. A permanent residence in which child day care is provided for one (1) to six (6) children at one time and in which no more than three (3) children may be under two (2) years of age at one time. In counting children for the purposes of this Planning and Zoning Code, 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.
(45) Family. An individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.
(46) Fence. A structure that is a barrier and is used as a boundary or means of protection or confinement, which is made of manufactured material, such as but not limited to chain link, wood or stone material.
(47) Final Subdivision Plat or Final Plat. A plat consisting of maps and plans on which the plan of a subdivision is presented to the Planning Commission for review and approval and which, if approved by the Commission, shall be filed for record purposes in the Cuyahoga County Fiscal Office.
(48) Finished grade. The mean elevation of the finished surface of the ground adjoining the building or structure within a distance of ten (10) feet of the foundation wall.
(49) Fleet vehicle. A group of cars, trucks, vans, and/or other vehicles, including motorized equipment, owned or leased by a business, government agency or other organization, and which is used as part of the entity's operations, but not including a privately owned customer or employee vehicle.
(50) Floor Area (For Determining Off-Street Parking and Loading Requirements). The sum of the gross horizontal areas of the several floors of the building.
(51) Floor Area, Gross. The aggregate of the maximum horizontal cross section area of a building on a lot, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, excluding cornices, gutters, one story open porches, breezeways, balconies and terraces.
(52) Floor Area, Interior (For Determining Maximum Area of a Home Occupation). The sum of the gross horizontal area of the several floors of the dwelling as measured from the inside of the exterior walls. However, interior floor area, for the purpose of regulating home occupations, shall include only the habitable portions of the dwelling and shall exclude unfinished basements and unfinished attics.
(53) Frontage. The entire length of the subject property which abuts and is parallel to a public right-of-way as measured along the right-of-way line.
(54) Garage, Single-Family Residential. A detached accessory building or portion of a principal building in which the sole use is storage of the automobiles of the occupants of the premises and other incidental personal possessions. (See Private Garage)
(55) Ground Floor. That level of a building which is the first story and is situated above the basement or, if no basement exists, on top of foundation walls.
(56) Half-story. The portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three (3) feet above that floor level.
(57) Hedge. A row of shrubs planted to create a visual screen.
(58) Height, building. The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the coping in the case of a flat roof, and to the mean height between the eaves and ridge in the case of a pitched roof.
(59) Height, structure other than a building. The vertical distance measured from the finished grade to the highest point of the structure.
(60) Historic structure: Any structure that is:
A. Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;
B. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or (3) Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
(61) Home occupation. A gainful occupation conducted by a member of the family within the metes and bounds of the family's place of residence.
(62) Hospital. A medical institution devoted primarily to the maintenance and operation of facilities for the diagnosis, treatment, and care of individuals suffering from illness, disease, injury, deformity or other abnormal physical condition.
(63) Hotel. A building or part thereof, operated as a public inn and containing ten or more guest rooms without provision for cooking in any guest room. A motel is a building or group of buildings operated as a lodging place for transients and their automobiles.
(64) Improvements. Includes street pavement, with or without curbs or gutters, sidewalks, water mains and appurtenances related thereto, gas distribution, electric power, telephone and other communication service, sanitary and storm sewers and appurtenances related thereto, street trees, street lighting, structures, equipment and landscaping in common areas and sites, as submitted to and approved by the Village of Glenwillow.
(65) Junk Yard. Any premise upon which used parts of machinery, dismantled vehicles or part thereof, rags, paper or other used or salvaged material is stored or dumped and held for sale or exchange.
(66) Land Use and Thoroughfare Plan. A comprehensive plan or master plan prepared by, or at the request of the Planning Commission which indicates the general location recommended for the various functional classes of public works, places, structures, and thoroughfares and for the general physical development of the Village of Glenwillow including any unit or part of such plan separately adopted and any amendments to such plan or parts thereof.
(67) Landscaping. The aesthetic improvement of property through the installation of plant materials, berming, walls and fences, and other decorative features, composed mostly of green/living vegetation.
(68) Light Manufacturing and Production. Assembly, processing, or similar uses which are entirely conducted indoors and are not disruptive of, or incompatible with, surrounding facilities. Light manufacturing and production does not include industrial processing from raw materials.
(69) Loading space. An area located completely outside of any public right-of-way and on the same lot with a building, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(70) Local Street. A street primarily for access to abutting residential properties and to serve local needs.
(71) Lot Area. The horizontal area included within the lot lines of the lot.
(72) Lot Line, Front. The boundary of a lot which is along an existing or dedicated public street or, where no public street exists, is along a public right-of-way. On corner lots, the front lot line shall be the lot line faced by the front door.
(73) Lot Line, Rear. The lot line opposite the front lot line.
(74) Lot Line, Side. The lot line other than the rear or front lot line.
(75) Lot Line. The boundaries of a lot.
(76) Lot Width. The horizontal distance between the side lot lines of a lot, measured at the building setback line required by this Planning and Zoning Code, even if an existing principal building is set back further than required.
(77) Lot Width, Average. The average lot width of a parcel shall be the area of the parcel divided by the parcel’s “mean depth”.
(78) Lot, Corner. A lot at the point of intersection and abutting on two intersecting streets when the interior angle of intersection does not exceed 135 degrees.
(79) Lot, Mean Depth. The “mean depth” of a parcel shall be the length of a straight line extending from the center point of the front line of the parcel to the center point of the parcel’s rear line. The depth of the parcel shall not exceed three times the parcel’s average mean width unless the parcel’s average mean width exceeds 300 feet.
(80) Lot, Interior. A lot other than a corner lot.
(81) Lot, Parcel. A division of land separated or proposed to be separated from other parcels of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for the purpose of sale, lease and separate use.
(82) Lot, Through. A lot having a pair of opposite lot lines along two (2) more or less parallel public streets, and which is not a corner lot. On a through lot both street lines shall be deemed front lot lines.
(83) Lot. A parcel of land occupied or intended to be occupied by a principal building or use or by a group of buildings united by a common interest or use, together with accessory buildings and uses and the open spaces belonging to the same, and having frontage on a street or road.
(84) Maintenance or Repair. Maintenance or repair to correct any decay, deterioration, or damage to an architectural feature and to return the feature to its condition prior to such decay, deterioration, or damage. Maintenance or repair that changes the material or design of an external architectural feature is an alteration as defined above. Repainting a painted surface is ordinary maintenance and neither the act nor the colors are subject to review.
(85) Major Arterial. A public street which is primarily for moving heavy traffic volumes between large or intensively developed districts.
(86) Marquee. A permanent roof-like structure extending from part of the wall of a building but not supported by the ground and constructed of durable material such as metal or glass.
(87) Mobile Home Park. A tract or parcel of land open to the public either free or for consideration upon which space is provided for the placement of mobile homes.
(88) Natural grade. The elevation of the undisturbed natural surface of the ground.
(89) Non-Conforming Building. A building existing lawfully at the time Ordinance 1953-1, or an amendment thereto, became effective but which does not conform to the area, height, or bulk of a building, yard or other regulations of the district in which it is located.
(90) Non-Conforming Lot. A lot existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
(91) Nonconforming Structure. Any structure, lawfully designed and constructed prior to the enactment of this Planning and Zoning Code or any amendment hereto, which does not now comply with all of the regulations of this Planning and Zoning Code or of any amendment hereto governing bulk for the zoning district in which such structure is located.
(92) Non-Conforming Use. The use of a building or land existing lawfully at the time Ordinance No. 1953-1, or an amendment thereto became effective but which does not conform to the main or accessory use regulations of the district in which it is located.
(93) Noxious Matter. Any matter or material which is capable of causing injury or illness to living organisms, or is capable of causing detrimental effects to the health or the psychological, social, or economic well-being of humans.
(94) Odorous Matter. Any matter or material that yields an odor which is offensive in any way.
(95) Office Use. A place of employment generally characterized by white collar workers utilizing desks, communication equipment and desk top publishing equipment to perform services such as legal, insurance, architecture, CPA, and other occupations generally not warranting a high pedestrian traffic.
(96) Official Parcel Map. A map established by Council showing existing and proposed streets, highways and public spaces adopted and established by law and any amendments thereto adopted by Council and additions thereto resulting from the approval of subdivision plats by the Planning Commission.
(97) Open Space. That portion of a lot or tract not covered by an impervious surface.
(98) Outdoor Dining. Dining out of doors as an accessory use to an indoor restaurant.
(99) Outdoor Storage. The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours.
(100) Overhang. That portion of a building which horizontally extends beyond the building walls of the first story of such building.
(101) Owner. Any person having right of ownership to the land.
(102) Parking Lot. An outdoor portion of a lot designed for the parking of motor vehicles used by the public with or without a fee for temporary parking of motor vehicles, no part of which is a public street.
(103) Parking Space. An enclosed or unenclosed surfaced area permanently reserved for the temporary storage of one (1) passenger motor vehicle and appropriately part of a street or connected with a street or alley by a surfaced driveway affording adequate ingress and egress.
(104) Parking, Required. The number of parking spaces required for a particular use or uses as required within this Planning and Zoning Code.
(105) Pedestrian Way. A dedicated public right of way limited to pedestrian use.
(106) Person. Any corporation, partnership, group of persons, association, agent, or any other entity subject to this Planning and Zoning Code shall be defined as a person.
(107) Personal Service Establishment. A business that provides personal services directly to customers at the site of the business. Personal service establishments include, but are not limited to, travel agencies, dry cleaning and laundry drop-off and pick-up stations, tailors, hair stylists, cosmeticians, toning or tanning salons, branch offices of financial institutions, photocopying services, postal substations, package delivery drop-off and pick-up stations, shoe repair shops, interior design studios, and domestic pet grooming and care services.
(108) Places Of Worship, Church. Structures and other indoor or outdoor facilities used for public worship and related educational, cultural, and social activities.
(109) Planning Consultant. The consultant retained by the Municipality to assist the Village in planning, development and zoning matters.
(110) Preliminary Subdivision Plan. Preliminary drawings indicating the proposed layout of streets, utilities, sublots and open spaces of a proposed subdivision to be submitted to the Planning Commission for review and approval.
(111) Private Garage. A fully enclosed building or structure designed for and to be used for storage of motor vehicles and maintenance tools and equipment for the individual residence and in which no human habitation, occupation, business or service for profit is carried on, except as otherwise permitted for home occupations.
(112) Private Street. A street held in private ownership.
(113) Public Services. Any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing under regulation to the public, electricity, gas, telephone, transportation, water, or any other similar public utilities.
(114) Public Street. A public thoroughfare which has been dedicated or deeded to the public for public use and accepted by the Municipality and which affords the principal means of access to abutting property.
(115) Recreational Vehicle. A vehicle which is (1) built on a single chassis, (2) 400 square feet or less when measured at the largest horizontal projection, (3) designed to be self- propelled or permanently towable by a light duty truck, and (4) designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
(116) Retail Establishment. An establishment engaged in the selling or renting of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses.
(117) Roadside stand. A removable structure used or intended to be used solely by the owner or tenant of the property on which it is located for the sale of seasonal agriculture products produced on the premises.
(118) Rubbish Dump. Any premises not licensed by the State of Ohio as a Sanitary Landfill, upon which any paper, trash, garbage, metal, waste building material, tires, waste, rubbish, junk, refuse, or any substance or material which is or may become noxious, offensive, injurious, or dangerous to the public health, comfort or safety is places, piled, buried or spread upon the ground.
(119) Sanitary Landfill. Any facility meeting the definition of a Solid Waste disposal site or facility as is set forth in Ohio R.C. Chapter 3734 as may be amended to from time to time.
(120) Scientific Research Facility. A place devoted to experimental study such as testing and analyzing.
(121) Screening. A structure erected or vegetation planted for the purpose of concealing from view the area behind it.
(122) Setback Line. (See also "Yard, Required"): A line established by this zoning resolution generally parallel with and measured from the lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this zoning resolution. The term "setback line" shall also include "required setback line" and "setback."
(123) Shrubs. A planting or growth of multi-stemmed woody plants.
(124) Sign. Any device visible from a public place whose essential purpose and design is to convey either commercial or noncommercial messages by means of graphic presentation of alphabetic or pictorial symbols or representations.
(125) Single Family Dwelling. A detached dwelling designed for and to be occupied exclusively by one family which has the main entrance to its living quarters at ground level.
(126) Sketch Plan. A preliminary drawing of a proposed subdivision showing topography, proposed streets and lots which, if approved, forms the basis for the preliminary plan.
(127) Small Residential Facility. A home or facility, as defined and regulated in Section 5123.19 of the ORC, in which a mentally retarded or developmentally disabled person resides, except the home of a relative or legal guardian in which a mentally retarded or developmentally disabled person resides, a respite care home certified under Section 5126.05 of the Ohio Revised Code, or a dwelling in which mentally retarded or developmentally disabled residents are in an independent living arrangement or are being provided supported living. A small residential facility shall be furthermore defined as a residential facility where there is supervision in a family setting of 6 to 8 persons.
(128) Storage Structure. An accessory structure for private use by the owner or occupant of the lot on which it is located, and intended for the safekeeping of personal property, not including automobiles.
(129) Story. That portion of a building included between the surface of a floor and the surface of the floor next above it or if there be no floor above it, then the space between the floor and the ceiling next above.
(130) Street or road line. The lot line dividing the lot from the street right of way.
(131) Street. A way for vehicular and pedestrian circulation and publicly owned.
(132) Structure, Accessory. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal building, such as but not limited to fences, flagpoles, gazebos, etc. See also structure.
(133) Structure. Anything built or erected, including among other things, buildings, bandstands, bleachers, booths, swimming pools, spas and hot tubs, platforms, towers, bridges, trestles, decks, playhouses, tree houses, rubbish containment structures, sheds, bins, fences, poles, tents, tanks above or below ground, and signs; and shall also mean the supporting framework or parts of a building. The term structure shall be construed as if followed by or parts thereof
(134) Trailer. A movable or portable unit to be towed on its own chassis, and any vehicle required to be registered by the Bureau of Motor Vehicles as trailers.
(135) Tree, Caliper. The thickness of trees measured in inches. A caliper measurement shall be measured twelve (12) inches above the soil line, or across the stump if the tree has been severed at less than twelve (12) inches above the soil line.
(136) Truck. Motor vehicles required by the Bureau of Motor Vehicles to be registered as trucks and are of a body size greater than one ton.
(137) Use, Principal. The main purpose of or activity conducted in a building, other structure, or on land. A principal use may be permitted or conditional.
(138) Use. Any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained, or occupied; or any activity, occupation, business, profession or operation conducted in a building, other structure, or on land.
(139) Variance. A modification of the provisions of this Planning and Zoning Code where a literal enforcement of the Planning and Zoning Code would result in practical difficulty or undue hardship.
(140) Violation. The failure of a structure or other development to be fully compliant with these regulations.
(141) Warehousing. The safekeeping of property, either for later use or for resale, within enclosed buildings.
(142) Wholesale. Businesses involved in the sale of goods, products, or merchandise stored on the premises to persons who are intermediaries between the producer and the consumer.
(143) Width of a lot. The mean width measured at rights angles to the depth.
(144) Work/Live Unit. Space within a commercial building used jointly for commercial and residential purposes where the residential use of the space is secondary or accessory to the primary use of the space as a place of work.
(145) Yard Rear. The space across the full width of the lot between the rear line of the main building and the rear lot line. The depth of the rear yard is the mean distance between these two lines.
(146) Yard, Front. The space across the full width of the lot extending from the principal building to the front lot line.
(147) Yard, Required. The minimum yard required between a lot line and a building line by the applicable provisions of this Planning and Zoning Code.
(148) Yard, Side. The yard between the main building and the side lot line and extending from the front yard to the rear yard.
(149) Yard. A space extending from the lot line to the nearest wall of the main building, unobstructed from the ground to the sky except as otherwise provided herein.
(Ord. 2016-07-24. Passed 8-3-16; Ord. 2020-01-03. Passed 2-19-20.)