As used in this Zoning Code:
(a) Association. "Association" means a legal entity operating under recorded land agreements or contracts through which each unit owner in a conservation development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization's activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners' association, community association, condominium association or other similar entity.
(b) Board. "Board" means the Board of Zoning Appeals of the City of Kirtland.
(c) Capacity in persons. "Capacity in persons" means the maximum number of persons who can avail themselves of the services or goods of an establishment, at any one time, with reasonable comfort, or according to applicable codes.
(d) City Engineer. "City Engineer" means the Engineer of the City of Kirtland.
(e) Comprehensive Plan. "Comprehensive Plan" means a plan adopted by the Planning and Zoning Commission and Council, establishing the goals, objectives and policies of the community. This Plan shall include the general location and extent of present and proposed facilities, including housing, industrial and commercial uses, major streets, parks, schools and other community facilities.
(f) Conditional use. "Conditional use" means a certain type of main use, so classified because of its uncommon characteristics, infrequent occurrence, large land requirement or other features and shall not be permitted in certain locations by right. Such use requires consideration and approval by the Planning and Zoning Commission according to procedures and standards as provided in Chapter 1285.
(g) Conditional use permit. "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Planning and Zoning Commission to allow a use, other than a principally permitted use, to be established within a district.
(h) Council. "Council" means Council of the City of Kirtland.
(i) Density. "Density" means the number of dwelling units per acre of land.
(1) Gross density. "Gross density" means the number of dwelling units per acre of the total land to be developed.
(2) Net density. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only land devoted to residential uses.
(j) Development plan. "Development plan" means the site plan, drawings and information required as provided in Chapter 1263.
(k) District. "District" means a portion of the territory of the city within which certain uniform zoning regulations and requirements, or various combinations thereof, apply under the provisions of this Zoning Code.
(l) Employees, number of. "Employees, number of" means the maximum number of persons on the two largest successive shifts.
(m) Engineer. "Engineer" means any person registered to practice professional engineering by the State Board of Registration, as specified in Ohio R.C. 4733.14.
(n) Essential services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission or distribution systems or 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.
(o) Family. "Family" means one or more persons related to each other by blood or adoption, together with such blood relatives' respective spouses, who are living together in a single dwelling and maintaining a common household. A family includes domestic servants and not more than one gratuitous guest residing with such family.
(p) Mayor. "Mayor" means the Mayor of the City of Kirtland.
(q) Nonconformity. "Nonconformity" means a building, structure, sign or use of land existing at the time of enactment of this Zoning Code which does not conform to the regulations of the district or zone in which it is situated.
(r) Open space. "Open space" means an area open to the sky, which may be on the same lot with a building. The area may include, along with natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning and Zoning Commission deems permissible. Streets, structures for habitation and the like shall not be included.
(s) Planning and Zoning Commission. "Planning and Zoning Commission" means the Planning and Zoning Commission of the City of Kirtland.
(t) Seat. "Seat" means the number of seating units installed or indicated, on each 24 inches of benches, pews, or space for loose chairs or similar seating facilities. Spacing of rows shall be assumed at 33 inches on center.
(u) Subdivision. “Subdivision” means:
(1) The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose of transfer of ownership. However, the division or partition of land into parcels of more than five acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted (may be considered a minor subdivision).
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, involving the division of allocation of land for the opening, widening or extension of any street; or the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
(Am. Ord. 13-O-60, passed 12-16-2013)
(v) Variance. "Variance" means a modification of the strict terms of relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
(w) Zoning Code. "Zoning Code" means Ordinance No. 75-0-53 passed June 2, 1975 as amended.
(x) Zoning permit. "Zoning permit" means a permit issued by the Zoning Inspector indicating a proposed project conforms to the zoning regulations of the city.
(Ord. 11-O-1, passed 2-23-2011)