The following terms and phrases shall have, for purposes of the
Code, the meanings as set forth in this section.
(a) ABUT or ABUTTING means having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.
(b) ACCESSORY BUILDING OR STRUCTURE means a detached building or structure which is wholly related but clearly incidental to and detached from the principal building or structure which is located on the same lot, including but not limited to garages, gazebos, tool and storage sheds, and free-standing decks.
(c) ACCESSORY USE means a subordinate use which is wholly related but clearly incidental to that of the principal permitted use in a given district, located on the same lot or within the same structure as the principal use.
(d) ALTERATION means, as applied to a building or structure, a change or rearrangement in any structural part, any service equipment, or any means of egress; or an enlargement, whether by extending on a side or by increasing in height; or adding a dividing wall; or the moving from one location or position to another.
(e) ADULT FAMILY HOME means a residence or facility that provides accommodations to three (3) to five (5) unrelated adults and provides supervision and personal care service to at least three (3) of the unrelated adults.
(ORC 3722.01(A)(7))
(f) ADULT GROUP HOME means a residence or facility that provides accommodations to six (6) to sixteen (16) unrelated adults and provides supervision and personal care service to at least three (3) of the unrelated adults.
(ORC 3722.01(A)(8))
(g) ADULT MEDIA means magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., cd-rom, cd-r, cd-rw), digital video discs in any format (e.g., dvd), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter depicting, describing or related to “specified sexual activities” or “specified anatomical areas.”
(h) ADULT MEDIA STORE means an establishment that rents and/or sells adult media and that meets any of the following tests:
(1) More than forty percent (40%) of the gross public floor area is devoted to adult media; or
(2) More than forty percent (40%) of the stock in trade consists of adult media; or
(3) A media store which advertises or holds itself out in any forum as a Sexually Oriented Business by use of such terms as “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a Sexually Oriented Business , pursuant to Chapter 1163.
(i) ADULT NOVELTY STORE means a business offering goods for sale or rent and that meets any of the following tests:
(1) More than five percent (5%) of the stock in trade of the business consists of “sexually-oriented novelties or toys” and more than five percent (5%) of the gross public floor area of the business is devoted to the display of “sexually-oriented novelties or toys”; or
(2) It offers for sale items from any two (2) of the following categories: “adult media,” “sexually-oriented novelties or toys,” apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices, and the combination of such items constitutes more than ten percent (10%) of the stock in trade of the business and occupies more than ten percent (10%) of the gross public floor area of the business; or
(3) Which advertises or holds itself out in any forum as a sexually oriented business by use of such terms as “sex toys, “marital aids,” “X-rated,” “XXX,” “adult,” “sex,” “nude,” or otherwise advertises or holds itself out as a sexually oriented business, pursuant to Chapter 1163.
Adult Novelty Store shall not include any establishment which, as a substantial portion of its business, offers for sale or rental to persons employed in the medical, legal or education professions anatomical models, including representations of human genital organs or female breasts, or other models, displays, and exhibits produced and marketed primarily for use in the practice of medicine or law or for use by an educational institution.
(j) ANTENNA means any structure designed or modified to transmit or receive any electromagnetic energy signal from any relay station.
(k) ARBOR means an enclosure of closely planted trees, vines, or shrubs, which are either self-supporting or supported on a framework; also, the supporting framework itself.
(l) AWNING means a projection over a door, window, porch, or balcony, fixed or retractable, for protection against the weather.
(m) BASEMENT means a story of a building located partly below, but having at least one-half (½) of its height above the average finished grade of the lot as determined by the Commissioner; excavations made for the purpose of window wells and/or retaining walls shall not be considered in the determination of the finished grade.
(n) BED AND BREAKFAST ESTABLISHMENT means an owner-occupied residential single-family structure with no more than three (3) guest rooms to accommodate lodgers for compensation and serving breakfast to lodgers only. The provision of lodging and breakfast shall be subordinate to the principal use of the structure.
(o) BOOK STORE is defined as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In this context, book store means a retail store offering for sale or rent books, magazines or other printed material for consumption or enjoyment off the premises, provided that any store in which material falling within the definition of “adult media” constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an “adult media store”. Reference Section 1129.15 for book stores in which adult media constitutes more than ten percent (10%) but no more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area.
(p) BUILDING means any structure having a roof supported by columns or walls designated, intended, or used for the housing or enclosure of persons, animals, or chattels.
(q) BUILDING HEIGHT means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building as determined by the Commissioner to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between the bottom of the eaves and the top of the ridge for gable, hip and gambrel roofs, exclusive of the building’s mechanical systems, chimneys, antennas, or structures necessary to access the roof including but not limited to elevated walkways, stair enclosures and ladders.
(Ord. 16-15. Passed 9-21-2015.)
(r) BUILDING LINE means a line parallel to a public or private right-of-way measured from same the distance in feet as shown on the Building Line Map.
(s) CANOPY means an overhanging shelter or shade covering.
(t) CELLAR means a story of a building located partly below and having less than one half (½) of its height above the average finished grade of the lot
(u) CHURCH OR RELIGIOUS INSTITUTION means a building originally and exclusively designed for, and/or used primarily for, public worship; includes “chapel,” “church,” “mosque,” “synagogue,” and “temple” and customarily related uses and activities.
(v) CONDITIONAL USE means a use permitted in a district other than a use permitted by right which is allowed only under certain conditions and requiring a conditional use permit and approval of the Commission.
(w) CONDITIONAL USE PERMIT means a certificate issued by the Commissioner on approval of the Commission to allow a use other than a use permitted by right in a particular district on a specific lot.
(x) CORNER LOT means a lot, two (2) non-parallel sides of which abut a public or private right-of-way.
(y) CURB LEVEL means the grade of the curb in front of the mid-point of the lot, as established by the Commissioner.
(z) DAY-CARE, TYPE A FAMILY HOME means a permanent residence of the administrator in which child day-care or publicly funded child day-care is provided for seven (7) to twelve (12) children at one time or a permanent residence of the administrator in which child day-care is provided for four (4) to twelve (12) children at one time if four (4) or more children at one time are under two (2) years of age. In counting children for the purposes of this division, children under six (6) years of age who are related to a licensee, administrator, or employee and who are on the premises of the Type A home shall be counted.
Type A Family Day-Care Home does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. Type A Family Day-Care Home and Type A Home do not include any child day camp.
(ORC 5104.01)
(aa) DAY-CARE, TYPE B FAMILY HOME means a permanent residence of the provider 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 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. Type B Family Day-Care Home does not include a residence in which the needs of children are administered to, if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings. Type B Family Day-Care Home and Type B Home do not include any child day camp.
[NOTE: ORC 5104.054 – Certified and uncertified homes considered residential use of property for zoning purposes – Any Type B family day-care home, whether certified or not certified by the County Director of Human Services, shall be considered to be a residential use of property for purposes of municipal, county, and township zoning and shall be a permitted use in all zoning districts in which residential uses are permitted. No municipal, county, or township zoning regulations shall require a conditional use permit or any other special exception certification for any such type B family day-care home.]
(bb) DENSITY means a measurement expressing the minimum number of square feet of lot area per dwelling unit.
(cc) DRIVE-THROUGH FACILITY means any portion of a building or structure from which a business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions. The term drive-through also includes drive-up and drive-in.
(dd-1) DWELLING means any building or part thereof designated, used, or intended to be used by people for living or sleeping.
(dd-2) DWELLING UNIT means an enclosed space within a building having a unique entrance and consisting of one (1) or more living and/or sleeping rooms arranged contiguously with cooking and sanitary facilities, which are not accessible from a common or public area, maintained or designed to be occupied by a single-family.
(dd-3) DWELLING UNIT, ACCESSORY means a self-contained dwelling unit designed for occupancy by one family for living and sleeping purposes that provides complete independent living facilities, including its own entrance, kitchen, bathroom, and sleeping area that is located on the same lot as a larger single-family dwelling that serves as the principal use of the lot; and whose use is subordinate and incidental to the larger single-family dwelling.
(ee) DWELLING, SINGLE-FAMILY means a detached building arranged, intended, designed, or redesigned as a single dwelling unit.
(ff) DWELLING, TWO-FAMILY means a detached building arranged, intended, designed, or redesigned as two (2) separate and independent dwelling units, each such unit to have separate and independent front and rear entrances.
(gg) DWELLING, THREE-FAMILY means a detached building arranged, intended, designed, or redesigned as three (3) separate and independent dwelling units, each such unit to have separate and independent front and rear entrances.
(hh) DWELLING, MULTI-FAMILY means a building arranged, intended, designed, or redesigned to contain four (4) or more dwelling units.
(ii) EMPLOYEE means the regular working staff, (paid, volunteer or otherwise) at maximum strength and in full-time equivalent numbers necessary to operate, maintain or service any given facility or use under normal terms of service.
(jj) FAMILY means an individual or two (2) or more persons living together as a single housekeeping group in a dwelling unit. A “single housekeeping group” exists where the group of individuals share expenses and labor related to the maintenance of the dwelling unit and are living and eating together as a household. “Family” shall not include an individual occupying a rooming unit nor a group of unrelated individuals occupying a rooming house.
(kk) FOOD SERVICE means the preparation of food on the premises of a restaurant, bar, tavern, or nightclub for service and consumption on said premises. “Food Service” shall not include food prepared or assembled elsewhere and reheated on the premises of the restaurant, bar, tavern, or nightclub.
(ll) GARAGE, PRIVATE means an accessory building or portion of the principal building designed, intended, or used for the housing or storage of motor vehicles and other personal property associated with a residential use, and with no facilities for mechanical service or repair of a commercial or public nature.
(mm) GAZEBO means a small, round, octagonal, or similarly shaped decorative structure, usually roofed but open-sided to provide shelter or a place to view the surrounding area.
(nn) GROSS PUBLIC FLOOR AREA means the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled “public”), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
(oo) HOME OCCUPATION means any gainful business, occupation, or profession conducted within a dwelling unit principally by those legally residing therein.
(pp) LANDMARK PROPERTY means a principal structure in any zoning district built in 1945 or earlier.
(qq) LOT means an area of land described in documents properly recorded in the records of the Cuyahoga County Recorder, bearing a unique permanent parcel number.
(rr-1) LOT COVERAGE means that percent of the lot area occupied by a structure, including any part thereof, which extends beyond the foundation; roof overhangs of twelve (12) inches or less, including any rain gutter, shall be excluded from this calculation.
(rr-2) LOT COVERAGE, MAXIMUM means the portion of the lot covered by any structure or constructed element that impedes infiltration of stormwater into the ground or disrupts vegetated surfaces. For purposes of determining maximum lot coverage, buildings, structures, or constructed elements that allow some infiltration, such as decks, patios and driveways, porous pavers or concrete, or other elements that disturb ground cover shall be counted towards the total surface coverage unless it is demonstrated it is a functional and integral part of a stormwater system and best management practice as determined by the City Engineer or designee.
(ss) LOT DEPTH means the average distance to the rear line of a lot as measured in the general direction of the side lot lines from the public or private right-of-way upon which said lot fronts.
(tt) LOT FRONTAGE means the distance between the side lot lines measured at the right-of-way.
(uu) MEDIA means anything printed or written, or any picture, drawing, photograph, motion picture, film, videotape or videotape production, or pictorial representation, or any electrical or electronic reproduction of anything, which is or may be used as a means of communication. Media includes but shall not necessarily be limited to books, newspapers, magazines, movies, videos, sound recordings, CD-ROMs, digital video disc, or other magnetic media, and undeveloped pictures.
(vv) MEDIA STORE is defined here as an exclusive term, identifying a category of business that may include adult media but that is not regulated as an adult media store. In that context, media store means a retail store offering media for sale or rent for consumption or enjoyment off the premises; provided that any store in which adult media constitutes more than forty percent (40%) of the stock in trade and/or occupies more than forty percent (40%) of the gross public floor area shall be considered an “adult media store”. Reference Section 1129.15 for media stores in which adult media constitutes more than ten percent (10%) but no more than forty percent (40%) of the stock in trade or occupies more than ten percent (10%) but not more than forty percent (40%) of the gross public floor area. This definition intentionally includes and is intentionally broader than the definition of “book store” and “video store”.
(ww) NON-CONFORMING LOT means a lot that does not meet all the dimensional requirements of the zoning district in which it is located, which exists by virtue of the fact that it existed lawfully on the effective date of this Code, and which continues to exist.
(xx) NON-CONFORMING STRUCTURE means any structure or improvement which does not meet the applicable dimensional requirements or other development standards contained in this Code, which lawfully exists by virtue of the fact that it existed on the effective date of this Code, and which continues to exist.
(yy) NON-CONFORMING USE means any use not permitted in the zoning district in which it is located, which lawfully exists by virtue of the fact that it existed as of the effective date of this Code and which has not been discontinued under the provision of this Code.
(zz) OUTDOOR/SEASONAL DINING FACILITY means an outdoor dining area or an area wherein twenty-five percent (25%) or more of any exterior wall is movable and is connected or attached to an indoor restaurant, bar, tavern or nightclub; or any combination thereof.
(zz-1) PARKING LOT means any outdoor space, plot, place, lot, parcel, yard or enclosure or any portion thereof, where more than two motor vehicles may be parked, stored, serviced, housed or kept.
(zz-2) PARKING SPACE means an area designated for the parking of a bicycle or space designated by pavement markings intended for the parking of a motor vehicle.
(aaa) PRINCIPAL STRUCTURE means the structure with the greatest percentage of lot coverage or occupied by the principal use.
(bbb) PRINCIPAL USE means the use to which the greatest percentage of the principal structure or lot not occupied by a structure is devoted.
(ccc) ROOMING UNIT means one (1) or more living and/or sleeping rooms arranged contiguously and being accessible through a single interior entrance. Such rooms have NO cooking or sanitary facilities.
(ddd) ROOMING HOUSE means a building housing two (2) or more rooming units, wherein the occupants of said rooming units have access to communal sanitary facilities but do not benefit from the cooking facilities within the structure.
(eee) SIMILAR USE means a use not otherwise described in this Code found by the Commission to be substantially similar to a permitted use or a conditionally permitted use, pursuant to Section 1173.03.
(fff) SCHOOL means a publicly or privately owned facility providing full- or part-time instruction and training; “school” shall include elementary, junior high, and high schools, college and trade schools, and studios providing instruction (e.g.: craft, dance, karate).
(ggg) STOCK IN TRADE means the individual items displayed in areas open to the public and offered for sale or rental in an establishment.
(hhh) STORY means that portion of a building included between the surface of any floor and the surface of the floor next above it, or if there be no floor next above, then the space between any floor and the ceiling next above, not including a cellar.
(iii) STREET means a properly dedicated public way, which affords the principal means of access to abutting properties.
(jjj) STRUCTURE means anything constructed or erected, the use of which requires either location on the ground or attachment to another structure located on the ground, including but not limited to barriers, bleachers, booths, buildings, display stands, fences, platforms, poles, pools, sheds, signs, above and below ground tanks, towers, and walls and shall include the supporting framework or parts thereof and appurtenances thereto; “structure” does not include a decorative light pole extending eight (8) feet or less above grade, a flag pole extending fifteen (15) feet or less above grade, or a sidewalk, driveway, or patio at grade.
(kkk) TRELLIS means a latticework of wood or other material, used primarily to support ornamental vegetation.
(lll) VARIANCE means a deviation from a regulation placed by the Code on a permitted, existing non-conforming, or conditional use or structure, granted by the Board or Commission, where applicable, pursuant to the Charter of the City of Lakewood.
(mmm) VARIANCE, MINOR AREA means an area variance(s) of less than ten percent (10%) of the permitted lot coverage, or of the required side yard or rear yard, according to the criteria set forth in Subsection 1173.04(b). The Commissioner may grant minor area variance(s).
(nnn) VARIANCE, AREA means an area variance that is reviewed by the Board who shall determine whether an applicant has demonstrated that the literal enforcement of the Code will, in the case of an area variance, result in practical difficulty according to the criteria set forth in Subsection 1173.04(c).
(ooo) VARIANCE, USE means a use variance that is reviewed by the Commission who shall approve or disapprove an application to allow a use not permitted under this Code in the zoning district in which the property is located, the Commission must find that the applicant has demonstrated that the literal enforcement of the Code will result in unnecessary hardship according to the criteria set forth in Subsection 1173.04(d).
(ppp) WIND ENERGY FACILITY means an electric generating facility, whose main purpose is to supply electricity, consisting of one (1) or more wind turbines and other accessory structures and buildings, including substations, meteorological towers, electrical infrastructure, transmission lines and other appurtenant structures and facilities.
(qqq) WIRELESS TELECOMMUNICATION ANTENNA or ANTENNA ARRAY means the physical device or an array of elements constituting a physical device through which electromagnetic, wireless telecommunication signals authorized by the Federal Communications Commission are transmitted or received.
(rrr) YARD, FRONT means the unoccupied area between the public or private right-of-way and the building line.
(sss) YARD, REAR means the unoccupied area extending the width of the lot between the rear line of the principal structure or any part thereof and the rear lot line.
(ttt) YARD, SIDE means the unoccupied area between the building line and the rear yard or rear lot line where no rear yard requirement is designated, which runs parallel to the side lot line.
(Ord. 91-95. Passed 10-7-1996; Ord. 24-98. Passed 5-18-1998; Ord. 25-01. Passed 7-2-2001; Ord. 124-05. Passed 2-6-2006; Ord. 70-07. Passed 3-2-2009; Ord. 43-08. Passed 4-21-2008; Ord. 73-08. Passed 9-2-2008; Ord. 43-11. Passed 1-17-2012; Ord. 36-14. Passed 1-20-2015; Ord. 16-15. Passed 9-21-2015; Ord. 34-17. Passed 2-5-2018; Ord. 39-17. Passed 6-18-2018; Ord. 39-18. Passed 5-6-2019; Ord. 07-2023. Passed 11-20-23.)