(1) "Accessory use" or "structure": Accessory use means a use, object or structure constructed or installed on, above, or below the surface of a parcel, which is located on the same lot as a principal use, object, or structure, and which is subordinate in area to the principal use, object, or structure, and is customarily incidental to the principal use, object, or structure. Among other things, "Accessory Use" includes anything of a subordinate nature attached to or disattached from a principal structure or use, such as fences, walls, decks, sheds, garages, parking places, poles, poster panels, and billboards. Except as otherwise required in this Ordinance, an accessory use shall be a permitted use.
(2) "Agriculture": The use of land for farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for packing, treating, or storing the produce.
(3) "Alteration, minor": An alteration including, but not limited to the following:
A. Any incidental change or replacement in the non-structural parts of a building or other structure.
B. Any minor change or replacement in the structural parts of a building or other structure, limited to the following examples and others of similar character or extent:
1. Alteration of interior partitions to improve livability in nonconforming residential buildings, provided no additional dwelling units are created thereby.
2. Alteration of interior partitions in all other types of buildings or other structures.
3. Making openings for windows or doors in exterior walls.
4. Strengthening the load bearing capacity in not more than ten percent of the floor area to permit the accommodation of specialized units of machinery or equipment.
(4) "Alteration, structural": Any change in the supporting members of a building, such as bearing walls or partitions, columns, or girders or any substantial change in the roof or in the exterior walls, except for a minor alteration as defined above.
(Ord. 92-21. Passed 3-11-92.)
(4.1) “Ambient Sound Level”: Is the amount of background noise at a given location prior to the installation of a WET(s) which may include, but not be limited to, traffic, machinery, lawnmowers, human activity and interaction of wind with the landscape. The ambient sound level is measured on the dB(A) weighted scale as defined by the American National Standards Institute.
(4.2) “Anemometer”: Is a temporary wind speed indicator constructed for the purpose of analyzing the potential for utilizing a wind energy turbine at a given site. This includes the tower, base plate, anchors, cables and hardware, wind direction vanes, booms to hold equipment, data logger, instrument wiring and any telemetry devices that are used to monitor or transmit wind speed and wind flow characteristics over a period of time for either instantaneous wind information or to characterize the wind resource at a given location.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(5) "Arterial Road": A road carrying relatively large volumes of traffic at moderate speeds between major urban activity centers.
(6) "Basement": A story partially or wholly underground. A basement shall be counted as a story for the purposes of height measurement or of determining the square footage only if the vertical measurement between the ceiling and the average level of the adjoining ground is more than four (4) feet, or if it is used for business or dwelling purposes.
(7) "Building": A structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and which is used as a shelter or enclosure for persons, animals and/or property (See also Structure).
(8) "Building, Accessory": See Accessory Use or Structure.
(9) "Building, Coverage": The aggregate of the maximum horizontal cross-section areas of all buildings on a lot, including sun parlors, foyers, porches, breezeways, and excluding only such projections as are permitted in the required yards.
(10) "Building height": The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between the eaves and ridge for gable, hip and gambrel roofs.
(11) "Building line": A line established by this Zoning Ordinance, generally parallel with and measured from a lot line, defining the limits of a required yard in which no building or structure above ground may be located, except as otherwise provided herein.
(12) "Building, Principal": A building in which is conducted the main or principal use of the lot on which said building is situated.
(13) "Business, General": Commercial uses which generally require locations on or near major thoroughfares and/or their intersections, and which tend, in addition to serving day-to-day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but need not be limited to, such activities as supermarkets; stores selling apparel, footware, appliances, and furniture; department stores; and discount stores.
(14) "Business, Office Type": Quasi-commercial uses which may often be transitional between retail business and/or manufacturing. Office business generally accommodates such occupations as administrative, executive, professional, accounting, writing, clerical, stenographic, and drafting. Institutional offices of a charitable, philanthropic, religious, governmental, or educational nature are also included in this classification.
(15) "Business, Service": Any profit making activity which renders services to primarily other commercial or industrial enterprises, or which services and repairs appliances and machines used in homes and businesses.
(16) "Business, Wholesale": Business establishments that generally sell commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments. These commodities are basically for further resale, for use in the fabrication of a product, or for use by a business service.
(17) "Cemetery": Land used or intended to be used for the burial of the human or animal dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(18) "Certificate of Occupancy": A statement signed by a duly authorized Village officer setting forth that a building, structure or use legally complies with the Zoning Ordinance and other applicable codes and regulations and that the same may be used for the purposes stated therein.
(19) "Child Day-Care": Administering to the needs of infants, toddlers, pre-school children, and school children outside of school hours by persons other than their parents or guardians, custodians, or relatives by blood, marriage, or adoption for any part of the twenty-four hour day in a place or residence other than the child's own home.
(20) "Child Day-Care Center": Any place in which child day-care is provided, with or without compensation, for thirteen (13) or more children at any one time, or any place that is not the permanent residence of the licensee or administrator in which child day-care is provided, with or without compensation, for seven (7) to twelve (12) children at any one time. In counting for the purposes of this definition, any children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises shall be counted.
(Ord. 92-21. Passed 3-11-92.)
(20.1) “Community Wind Energy”: Is a wind energy system that is owned by a variety of individuals, local small business owners, local organizations, schools or other entities. The term Community Wind refers to the method and intention of development rather than the size of the project. Local community members have a share of ownership and financial interests in a system that serves local consumers. Community wind projects may involve a variety of sizes and numbers of wind turbines.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(21) "Conditional Use": A use permitted within a district other than a principally permitted use, requiring a conditional use permit and approval of the Board of Zoning Appeals.
(22) "Conditional Use Permit": A permit issued by the Zoning Administrator upon approval of the Board of Zoning Appeals to allow a use other than a principally permitted use to be established within a district.
(23) "Condominium": A building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.
(Ord. 92-21. Passed 3-11-92.)
(23.1) “Decibel”: Is defined as a unit of measure used to express the magnitude of sound pressure and sound intensity. Decibels shall be measured on the dB(A) weighted scale as defined by the American National Standards Institute.
(23.2) “Decommissioning”: Is the process of terminating operation and completely removing the WET(s) and all related buildings, structures, foundations, access roads and equipment.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(24) "Density": A unit of measurement expressing the number of dwelling units per acre of land.
"Density, Gross": The number of dwelling units per acre of the total land to be developed.
(25) "Density, Net": The number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
(26) "Development Plan": A plan for the construction of buildings or other structures submitted to the Village as part of an application for a Zoning Permit.
(27) "District": A part, zone, or geographic area within the municipality within which certain zoning or development regulations apply.
(28) "Dwelling Unit": One or more sleeping rooms together with separate cooking and sanitary facilities which are: accessible from the outdoors, either directly or through an entrance hall shared with other dwelling units, and are used or intended to be used by a family as defined in this Section.
(29) "Dwelling, Multiple Family": A building used or designed as a residence for three or more families living independently of each other and doing their own cooking therein, including apartment buildings, apartment hotels, flats and group houses.
(30) "Dwelling, Single Family Detached": A building designed for and occupied exclusively as a residence for only one family, having no wall in common with an adjacent building and having yard areas on all four sides.
(31) "Easement": An authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.
(32) "Employees, Number of": The greatest number of persons to be employed in the building in question during any season of the year and any time of the day or night.
(33) "Enlargement": An addition to the floor area of an existing building, an increase in the size of another structure, or an increase in that portion of a tract of land occupied by an existing use.
(34) "Essential Services": The erection, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, steam, or water transmission, or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health, safety or general welfare, but not including buildings.
(35) "Family": A single person occupying a dwelling unit and maintaining a household; two or more persons related by blood, marriage, or adoption occupying a dwelling unit, living together and maintaining a common household, including no more than one boarder, roomer or lodger; or not more than three unrelated persons occupying a dwelling unit, living together and maintaining a common household.
(36) "Floor Area": Floor area enclosed by exterior walls or fire walls or by a combination of the two. Areas devoted to accessory garage or other accessory uses and, also, basements not meeting the definition of "basement" in this section shall not be included in the calculation of square footage.
(Ord. 92-21. Passed 3-11-92.)
(36.1) “General Common Element”: Is defined as an area designated for use by all owners within condominium development.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(37) "Gross Floor Area": The sum of the horizontal areas of the several floors of a structure at or above ground level, excluding areas used for accessory garage purposes and such areas as are devoted exclusively to uses accessory to the operation of the main structure. Basements are included only if they meet the definition of "basement" established in this Section. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches.
(38) "Gross Acre": Synonymous with acre; as distinguished from net acre which typically excludes public streets and any other land dedicated to the local government.
(39) "Height": See "Building Height."
(40) "Home Occupation": An accessory use which is an activity, profession, occupation, service, craft, or revenue-enhancing hobby which is clearly incidental and subordinate to the use of the premises as a dwelling, and which is conducted entirely within the dwelling unit, or elsewhere on the premises by conditional use permit, without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, babysitting, tax consulting and the like shall involve not more than three receivers of such services at any one time.
(41) "Industry, Light": Manufacturing, assembly or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, vibration, dust, glare, air pollution; storing and operating within enclosed structures; and generating little industrial traffic and no nuisances.
(42) "Institution": Building and/or land designed to aid individuals in need of mental, therapeutic, rehabilitative counseling, or other correctional services.
(Ord. 92-21. Passed 3-11-92.)
(42.1) “Large Wind Energy Turbine (LWET)”: Is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. The LWET has a nameplate above two hundred fifty (250) kilowatts and the main purpose of the LWET is to supply electricity to off-site customers.
(Ord. 2012-38. Passed 7-11-12.)
(43) "Lot": A parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private street, and may consist of:
A. A single lot of record;
B. A portion of a lot of record;
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
(44) "Lot of Record": A lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(45) "Lot Coverage": The ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(46) "Lot Depth": The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear.
(47) "Lot Line, Front": The "street line" or the line separating the lot from the street right-of-way.
(48) "Lot Line, Rear": Any lot line except a front lot line, which is parallel to, or within 45 degrees of being parallel to, and does not intersect any street line. In the case of a corner lot, see definition of "Yard, Required- Required Rear Yard.
(49) "Lot Line, Side": Any lot line which is not a front lot line or a rear lot line. In the case of a corner lot, see definition of "Yard, Required- Required Side Yard."
(50) "Lot Width": The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line.
(Ord. 92-21. Passed 3-11-92.)
(50.1) “Medium Wind Energy Turbine (MWET)”: Is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. The MWET has a nameplate capacity that does not exceed two hundred fifty (250) kilowatts. The Total Height does not exceed on hundred and fifty (150) feet.
(50.2) “Nacelle”: Refers to the encasement which houses all of the generating components, gear box, drive tram and other equipment.
(50.3) “Net-Metering”: Is a special metering and billing agreement between utility companies and their customers, which facilitates the connection of renewable energy generating systems to the power grid.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(51) "Nonconformities": Lots, uses of land, structures, and uses of structures and land in combination, lawfully existing at the time of enactment of this Ordinance or its amendments which do not conform to the regulation of the district or zone in which they are situated, and are therefor incompatible.
(Ord. 92-21. Passed 3-11-92.)
(51.1) “Occupied Building”: Is a residence, school, hospital, church, public library, business or any other building used for public gatherings.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(52) "Open Space": That landscaped portion of a lot or lots excluding areas set aside or used for building, parking, loading, driveways, paved walkways, and streets. Land devoted to recreational purposes, including land for swimming pools, tennis courts and similar recreational uses, also shall be considered open space or area for the purpose of this definition.
(53) "Overlay District": A district described by the zoning map within which, through super-imposition of a special designation, furthermore regulations and requirements apply in addition to those of the underlying districts to which such designation is added.
(54) "Parking Space, Off-Street": For the purpose of this Ordinance, an off-street parking space shall consist of an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right-of-way.
(55) "Performance Bond or Surety Bond": An agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of the physical improvements according to plans and specifications within the time prescribed by the subdividers agreement.
(56) "Planned Unit Development": An area of land in which a variety of land use types are accommodated in a pre-planned environment under more flexible standards such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principals and landscaping plans.
(57) "Professional Activities": The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
(58)
Public Uses": Public parks, schools, administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(Ord. 92-21. Passed 3-11-92.)
(Ord. 92-21. Passed 3-11-92.)
(58.1) “Rotor Diameter”: Is the cross-sectional dimension of the circle swept by the rotating blades of a WET.
(59) "Semi-Public Uses": Churches, parochial schools, colleges, hospitals, and other facilities of an educational, religious, charitable, philanthropic, or non-profit nature.
(60) "Setback Line": A line established by the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, or other accessory building, or structure may be located above ground, except as may be provided in said Ordinance.
(Ord. 92-21. Passed 3-11-92.)
(Ord. 92-21. Passed 3-11-92.)
(60.1) “Shadow Flicker”: Is the moving shadow, created by the sun shining through the rotating blades of a Wind Energy Turbine (WET). The amount of shadow flicker created by a WET is calculated by a computer model that takes into consideration turbine location, elevation, tree cover, location of all structures, wind activity and sunlight.
(60.2) “Small Tower-Mounted Wind Energy Turbine (STMWET)”: Is a tower-mounted wind energy system that converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. The STMWET has a nameplate capacity that does not exceed thirty (30) kilowatts. The Total Height does not exceed one hundred twenty (120) feet.
(60.3) “Small Structure-Mounted Wind Energy Turbine (SSMWET)”: Converts wind energy into electricity through the use of equipment which includes any base, blade, foundation, generator, nacelle, rotor, tower, transformer, vane, wire, inverter, batteries or other components used in the system. A SSMWET is attached to a structure's roof, walls or other elevated surface. The SSMWET has a nameplate capacity that does not exceed ten (10) kilowatts. The Total Height does not exceed fifteen (15) feet as measured from the highest point of the roof, excluding chimneys, antennae and other similar protuberances.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(61) "Story": That portion of a building, other than the basement, except as indicated in the definition of "Basement," included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, the portion included between the floor and the ceiling next above it.
(62) "Street": A right-of-way (or portion thereof) publicly or privately owned, serving as a means of vehicular and pedestrian travel, furnishing access to abutting properties and space for public utilities, and improved to the satisfaction of the Village. The term "street" shall include an existing State, County or public street, road, highway or way or any street shown on an approved Final Subdivision Plan.
(63) "Street, Center Line of": A line which is an equal distance form both street right-of-way lines.
(64) "Street, Frontage": The width or measurement of a lot at the street line.
(65) "Street Line": The line dividing a lot from a public street; the street right-of-way or front lot line.
(66) "Structure": Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground. The term structure does not include trailers and other vehicles on wheels or other supports. Among other things the term structure includes buildings, fences, walls, billboards and also mobile homes affixed to foundations.
(67) "Townhouse": A structure, or a group or complex of structures on a lot, containing not less than three nor more than eight one-family dwelling units in any one structure extending from basement to roof and attached in a series by approved masonry or partition walls, or a wall in the case of end units, which townhouse structure or development has common open spaces and is designed in accordance with the special requirements of this Ordinance.
(68)
"Transportation, Director of": The Director of the Ohio Department of Transportation.
(Ord. 92-21. Passed 3-11-92.)
(68.1) “Upwind Turbine is a Wind Energy Turbine (WET)”: Positioned in a manner so that the wind hits the turbine blades before it hits the tower in order to avoid the thumping noise which can occur if the wind is disrupted by hitting the tower before the blades.
(Ord. 2012-38. Passed 7-11-12.)
(69) "Variance": Special permission granted by the Board of Zoning Appeals to modify, wave, or deviate from the exact provisions of this Ordinance as applied to a specific property, in accordance with the provisions of Chapter 1141 of this Ordinance.
(Ord. 92-21. Passed 3-11-92.)
(69.1) “WET Total Height”: Is the vertical distance measured from the ground level at the base of the tower to the uppermost vertical extension of any blade or the maximum height reached by any part of the Wind Energy Turbine (WET).
(69.2) “WET Tower”: Is a freestanding monopole that supports a Wind Energy Turbine (WET).
(69.3) “Wind Energy Overlay District”: Is a district(s) created by the Village of Highland Hills upon receiving a recommendation from the Planning Commission describing specific areas best situated for development of a Medium and Large Wind Energy Turbine (MWET & LWET).
(69.4) “Wind Energy Turbine (WET)”: Is any structure-mounted, small, medium or large wind energy conversion system that converts wind energy into electricity through the use of a Wind Generator and includes the nacelle, rotor, tower, blade, vane, shroud and pad transformer, if any.
(Ord. 2012-38. Passed 7-11-12.)
(Ord. 2012-38. Passed 7-11-12.)
(70) "Yard": An area of generally open land on the same lot with a building and lying between the front, rear or side wall of a building and the nearest lot line. Such yard area shall be measured from a lot line to the closest point on the adjacent building.
A. Front Yard: A yard extending the full width of the lot on which a building is located and situated between the front lot line and a line parallel thereto and passing through the nearest point of the building.
B. Rear Yard: A yard extending the full width of the lot on which a building is located and situate between the rear lot line and a line parallel thereto and passing through the nearest point of the building.
C. Side Yard: A yard on the same lot as a building situated between the side lot line and a line parallel thereto and passing through the nearest point of a building, and extending from the front yard to the rear.
(71) "Yard, Required": The minimum land area required between a building line and the nearest lot line in order to satisfy the area and bulk regulations of the district in which the lot is located. Buildings, except for certain buildings specifically permitted as accessory to single-family detached dwellings, are prohibited except as specifically permitted by provisions of this Ordinance.
A. Required Front Yard: A required yard extending the full width of the lot along the street line. In the case of a corner lot, there shall be a required front yard on each street which the lot abuts.
B. Required Rear Yard: A required yard extending the full width of the lot along the rear lot line. In the case of a corner lot, the owner or developer may specify which yard shall be the required rear yard at the time of application for a Zoning Permit, taking into consideration the prevailing yard pattern, where established.
C. Required Side Yard: A required yard extending along the side lot line from the front yard to the rear yard. In the case of a corner lot, the owner or developer may specify which yard shall be the required side yard at the time of application for a Zoning Permit, taking into consideration the prevailing yard pattern where established.
(72) "Zoning Administrator": The person designated by the Mayor to administer and enforce zoning regulations and related Ordinances. This person may also be known as the Zoning Inspector.
(73) "Zoning Permit": A document issued by the Zoning Administrator authorizing the use of land and structures, and the characteristics of the uses.
(74) "Zoning Ordinance" or "this Ordinance": Ordinance 92-21, passed March 11, 1992, as amended, which is codified as Titles One to Four of this Part Eleven - Planning and Zoning Code.