Words used in Title One, Title Three and Title Five are intended to have the meaning defined in a dictionary. However, within Chapter 1164 key words are separately defined as they relate to flood damage prevention, and the following words and terms are specifically defined for use throughout Title, One, Title Three and Title Five.
Accessory Building. "Accessory Building" means a detached subordinate building situated on the same lot with the main building and used for an accessory use.
Accessory Use. "Accessory Use" means a subordinate use of a building, other structure or use of land which is clearly incidental to the use of the main building, other structure or use of land which is located on the same zoned lot with the main building, other structure or use of land.
Adult Arcade. "Adult arcade" means any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are 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 the depiction or description of specified sexual activities or specified anatomical areas.
Adult Bookstore. "Adult bookstore" or "adult video store" means a commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:
(1) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes, video reproductions, slides or other visual representations, which depict or describe specified sexual activities or specified anatomical areas; or
(2) Instruments, devices or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with specified sexual activities.
A principal business purpose exists if materials offered for sale or rental depicting "specific sexual activities" or "specific anatomical areas" occupy 20% or more of floor area of the building.
Adult Cabaret. "Adult cabaret" means a nightclub, bar, restaurant or similar commercial establishment which regularly features:
(1) Persons who appear in a state of nudity; or
(2) Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
(3) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
Adult Motion Picture Theater. "Adult motion picture theater" means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions, which are characterized by the depiction or description of specified sexual activities or specified anatomical areas, are regularly shown.
Adult Theater. "Adult theater" means a theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity, or live performances which are characterized by the exposure of specified sexual activities or specified anatomical areas. (Ord. 09-20. Passed 6-22-09.)
Age limit. “Age limit” means the oldest or youngest age at which you are allowed under particular regulations to do something. (Ord. 14-02. Passed 2-3-14.)
Alley. "Alley" means a public thoroughfare which affords only a secondary means of access to a lot of abutting property.
Amusement Arcade. "Amusement Arcade" means a place or facility where pinball or other similar electronic games are played for amusement only. Shall not be construed so as to include bingo games nor shall it be construed so as to include gambling devices or any other devices prohibited by law.
Automobile Dealership. "Automobile Dealership" means any business establishment that sells or leases new or used automobiles, trucks, vans, trailers or other similar motorized transportation vehicles. An automobile dealership may maintain an inventory of the vehicles for sale or lease on-site any may provide on-site facilities for the repair and service of the vehicles sold or leased by the dealership.
Average Recurrence. "Average recurrence" means the average interval in years between storm water flows of a given magnitude, or greater, over a period of time, such as one hundred (100) years.
Awning. "Awning" means any structure, other than a canopy, made of non-rigid materials with a rigid frame, attached to the exterior wall of a building and so erected as to permit its being raised to a position flat against the building when not in use.
Banner. "Banner" means a temporary sign consisting of a pennant erected in a fixed or hanging position in a right-of-way or affixed to a building.
Basement. "Basement" means a story having more than one-half of its height below average grade. A basement shall not be counted as a story for the purpose of height regulations.
Board. "Board" means the Board of Zoning.
Building. "Building" means any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
Building, height of. "Building, height of" means the vertical distance from the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge or gable, hip or gambrel roof.
Building lines. "Building lines" means the line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located; except as otherwise provided herein.
Building, principal. "Building, principal" means the building on a lot used to accommodate the primary use to which the premises are devoted.
Business Building. "Business building" means any building or portion of a building occupied by a single business fronting on a public or private street, alleyway, parking facility or mall.
Business Occupant. "Business Occupant" means any person owning or renting and occupying a building or part thereof, for the purpose of carrying on business therein.
Business Premises. "Business premises" means any premises containing a building or buildings under common ownership regardless of the number of tenants.
Canopy. "Canopy" means any structure, other than an awning, made of nonrigid materials with a rigid frame extending from part or all of a building and supported by the building or ground.
(Ord. 09-20. Passed 6-22-09.)
Certificate of Appropriateness. "Certificate of Appropriateness" is a certificate by the City of design review approval required before certain alterations can be made to properties located in the Design Review District.
Certificate of Compliance. "Certificate of Compliance" is a certificate by the City of conformity with all applicable regulations of the Unified Development Ordinance.
Certificate of Occupancy. "Certificate of Occupancy" is a certificate by the City required under this and other codes prior to the occupancy and use of apremises.
Certified Landscape Professional. "Certified Landscape Professional" means membership in a trade association that provides educational certifications such as certified landscape technician, certified landscape professional or Ohio Certified Nursery Technician. These designations are earned by individuals that can demonstrate a high level of knowledge and competency in the field.
(Ord. 09-43. Passed 8-31-09.)
Commencement of Construction. "Commencement of Construction" means the placement of construction materials in permanent position and fastened in a permanent manner or the commencement of removal of structures prior thereto.
Commission. "Commission" means the City Planning Commission.
Community Plan. "Community Plan" means a document approved and recommended by the Louisville Planning Commission and approved by the Louisville City Council that addresses community development issues such as land use, transportation, infrastructure, utilities, recreation and community facilities, economic development and urban design. This community plan may be represented in a single document, a subsequent update, or a topical document focusing elements such as thoroughfares, parks, land use, economic development, downtown, etc.
Council. "Council" means the legislative body of the City.
Crosswalk. "Crosswalk" means a right of way, dedicated to public pedestrian use, which cuts across a long block.
Cul-de-Sac. "Cul-de-sac" means a dead-end street of short length having one end open to traffic and the other end terminating in a vehicular turn-around.
(Ord. 09-20. Passed 6-22-09.)
D
Damaged or Diseased Trees. Trees that have split trunks, broken tops, heart rot, insect or fungus problems that will lead to imminent death, undercut root system that puts the tree in imminent danger of falling, leaning as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger uprooted or falling.
Dead-End Street. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
Density. "Density" means the number of families residing on, or dwelling units developed on a gross acre of land.
Designate Watercourse. The Nimishillen Creek or any tributary of the Nimishillen Creek.
Development. "Development" means any man-made change to improved or unimproved real estate, including construction of buildings or other structures, mining, dredging, filling, grading, paving, excavating, or drilling operations.
Development Area. Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth disturbing activity is being performed.
Dish. "Dish" means that part of a satellite signal receiving antenna shaped like a saucer or dish.
Dish Antenna. "Dish antenna" means any antenna or receiving earth station designed, constructed or modified to receive satellite television signals. It includes all accessories such as a low-noise amplifier, a coaxial cable and a grounding rod.
Drive-through Establishment. "Drive-through Establishment" means an establishment other than a public use or public utility at which patrons may be served in the open without leaving their motor vehicle and without shutting off the engine thereof while being served.
District. "District" means a section or sections of the incorporated territory of the City for which the regulations governing the use of buildings and premises or the height and area of building are uniform.
Dumping. The grading, pushing, piling, throwing, unloading or placing of soil or other material.
Dwelling. "Dwelling" means any building, or portion thereof, which is designed or used primarily for residence purposes, including one-family, two-family and multifamily, but not including hotels, motels, boarding houses, lodging houses and tourist dwellings. An attached garage, for the purposes of determining the front, side and rear yards shall be considered part of the dwelling.
Dwelling, Single-Family. "Dwelling, Single-Family" means a dwelling designed for or used exclusively for residential purposes by one family.
Dwelling, Two-Family. "Dwelling, Two-Family" means a dwelling designed for or used exclusively for residential purpose by two families living independently of each other.
Dwelling, Multi-Family. "Dwelling, Multi-Family" means a dwelling designed for or used exclusively for residential purposes by three or more families living independently of each other.
Dwelling unit. "Dwelling unit" means one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including room or rooms for living, sleeping and eating.
(Ord. 09-20. Passed 6-22-09; Ord. 17-03. Passed 1-23-17.)
Easement. "Easement" means a grant by the owner of the land for the specified use of such land to a corporation, partnership, person or persons, or to the public.
Elderly Housing Facility. "Elderly housing facility" means a building or buildings containing twelve or more dwelling units where occupancy is restricted to elderly persons or households. Such facilities may include emergency first aid, day care, therapy, personal care, nursing facilities, recreational facilities, and provide for independent or semi-independent living. For purposes of this definition, "elderly housing facilities" shall not include convalescent homes, nursing homes or group residential facilities.
Elderly Person. "Elderly person" means any person who is 62 years of age or older or any person under 62 years of age who is handicapped such that his physical impairments are of a long term duration and impede his ability to live independently without a suitable housing environment.
Erect. "Erect" means to build, construct, reconstruct, attach, hang, place, suspend, alter or affix, and shall also include the painting of signs on walls.
Essential Services. "Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments or commissions, of underground or overhead gas, electrical, water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions of for the public health or safety or general welfare.
Façade. "Façade" means the outside face of a building wall, including windows, doors, and parapets.
Fence. "Fence" means an artificially established barrier of any material(s) intended to enclose, screen, separate, or decorate areas of land. Fences include any walls extending above ground level other than building walls, hedges or other densely growing shrubbery that meet this definition. Gates, doors, and other openings are considered part of the fence.
Festoon. "Festoon" means a string of light bulbs not shaded or hooded to prevent their being visible at the property line, or of ribbons, tinsel, pinwheels, banners, pennants, or similar devices that is hung outside a structure.
Findings of Fact. "Findings of fact" means citations of specific facts about an application that the approval body finds to be true and which led to its conclusion that the application conforms or fails to conform to one or more applicable approval criteria.
Flood Hazard. "Flood hazard" indicates overflow water having sufficient velocity to transport debris, to scour the surface soil or to dislodge or damage buildings. It also indicates erosion of the banks of watercourses.
Flood Plain. "Flood plain" means that portion of a river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
Floor Area. "Floor area" means the sum of the gross horizontal areas of the one or several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings.
(1) Floor area, for the purposes of these regulations, shall not include basement, garage, elevator and stair bulk heads, attic space, terraces, breezeways, open porches and uncovered steps.
(2) For the purposes of computing certain parking requirements, "floor area" in offices, merchandising and service types of uses shall mean the area used for service to the public and excludes areas used principally for nonpublic purposes such as storage, incidental repair, processing, show windows, rest rooms and dressing rooms.
Frontage. "Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street or, if the street is a dead-ended, all the property abutting on one side between an intersecting street and the dead-end of a street.
Frontage, Building. "Building frontage" means the linear dimension of a building's foundation facing any street right of way.
General Development Plan. "General Development Plan" means that plan adopted by Council which includes the plan of major streets or highways.
Grade, finished. "Grade, finished" means for buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street, or the elevation of the center line of the street where no sidewalk exists; for buildings having walls facing more than one street, the average elevation of the sidewalk at the centers of all walls facing the street; for buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings. Any wall approximately parallel to a street line is to be considered as facing the street.
Home Occupation. "Home occupation" means an occupation or business activity which results in a product or service and is conducted in whole or in part in the dwelling unit and is clearly subordinate to the residential use of the dwelling unit.
Improvements. "Improvements" means street pavements with or without curbs or gutters, grading, surfacing, sidewalks, crosswalks, water mains, sanitary and storm sewers, and other appropriate items.
Institution, Philanthropic. "Institution, Philanthropic" means an office or meeting hall used exclusively by a non-profit public service organization.
Institution, Recreational. "Institution, Recreational" means a public or private non-profit facility for group recreation or social activity, including private clubs or lodges, recreation buildings, and community centers.
Inundation. "Inundation" means standing water, or water in motion, of sufficient depth to damage property due to the mere presence of water or to deposition of silt.
Lot. "Lot" means a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map or by metes and bounds for purposes of sale, lease or separate use, and having frontage on a public or private dedicated street.
Lot Area. "Lot area" means the computed area contained within the lot lines. Where the lot has been conveyed to the center of the street the area of the lot lying within the established street right-of-way shall not be included as part of the lot area for the purpose of these regulations.
Lot, Corner. "Corner lot" means a lot at the point of intersection of and abutting on two intersecting streets.
Lot Coverage. "Lot coverage" means the portion of the lot area that is covered by buildings, structures, and impervious areas such as driveways, sidewalks and any area of concrete or asphalt.
Lot, Depth. "Lot depth " means average of the lengths of the side lot lines of a lot.
Lot, Double-Frontage. "Double-frontage lot" means a lot, other than a corner lot, that abuts more than one street.
Lot, Flag. "Flag lot" means a lot located largely behind a lot with street frontage that has access to the street only by narrow access corridor.
Lot Frontage. "Lot Frontage" means the horizontal distance between the side lot lines measured at the point where the side lot lines intersect the street right-of-way. All sides of a lot that abuts a street shall be considered frontage. On curvilinear streets, the arc between the side lot lines shall be considered the lot frontage.
Lot Line. "Lot line" means the boundary defining a lot, as defined herein.
Lot Line, Corner lot. "Corner lot line" means any street line that is not a front lot line.
Lot Line, Front. "Front lot line" means the only street line bordering a lot, or if the lot is fully or partially land-locked, such as a flog lot, the lot line that faces the street from which there is access to the lot.
Lot Line, Rear. "Rear lot line" means that line which is most distant from and is parallel to the front lot line or a line tangent to a curving front lot line at its midpoint. If the rear lot line is less than 10 feet in length, or if the lot forms a point at the rear, the rear lot line shall be deemed to be a line 10 feet in length within the lot, parallel to and at the maximum distance from such front lot line or line tangent thereto.
Lot Line, Side. "Side lot line" means any lot line that is not a front or rear lot line.
Lot of Record. "Lot of Record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Stark County; or a parcel of land, the deed to which was of record on or prior to the effective date of these regulations.
Lot Width. "Lot Width" means the horizontal distance between side lot lines measured at the required front setback.
Manufacturing. "Manufacturing" means the mechanical or chemical transformation of materials or substances into new products, including forming, shaping, combining, altering materials, compounding, processing, assembling and packaging.
Minimum building setback line. "Minimum building setback line" means a line parallel to the street right-of-way line and at a distance therefrom equal to the required depth of the front yard, and extending across the full width of the lot. Where the street right-of-way line is not established, the right of way shall be assumed to be sixty feet.
Monument. "Monument" means a permanent iron, stone, or concrete marker used to establish for reference in land survey all lines of the plat of subdivision, including boundary lined, corners of property, and points of change in street alignment.
Nonconforming Use. "Nonconforming use" means a situation that occurs when an existing lot or structure or use of an existing lot or structure that was lawful on the effective date of this Ordinance or amendments thereto (and not created for the purposes of evading the restrictions of this Ordinance) does not conform to one or more the regulations applicable to the district in which the lot structure is located. Among other possibilities, a nonconforming use may arise because a lot does not meet minimum acreage requirements, because an undertaking authorized by a Development Permit is incomplete, because structures are not in conformity with maximum height limitations, density, or setback requirements, or because land or buildings are used for purposes made unlawful by this Ordinance.
Nude Model Studio. "Nude model studio" means any place where a person who appears in a state of nudity or displays specified anatomical areas is provided solely to be sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons.
Nudity. "Nudity" or "state of nudity" means:
(1) The appearance of a human bare buttock, anus, genitals or areola of the female breast; or
(2) A state of dress which fails to cover opaquely a human buttock, anus, genitals or areola of the female breast.
Nursing Home. "Nursing Home" means a facility other than a hospital that provides lodging and long-term nursing or convalescent care to three or more persons who are aged, convalescing, or chronically but not acutely ill and are not related, as defined herein, to or members of the same family as the operator.
Obstruction. "Obstruction" means any building, structure, object, or part thereof located in the way of any yard or open space required by City regulations, excluding landscaping.
(Ord. 09-20. Passed 6-22-09.)
Ordinary High Water Mark.
The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristics.
(Ord. 17-03. Passed 1-23-17.)
Outlet. "Outlet" means the property shown on a subdivision plat located outside the boundaries of the land to be developed.
Parapet. "Parapet" means that portion of a wall that extends above the level of the roof where it meets the wall.
Parcel. See definition of "lot."
Parking Space. "Parking space" means an off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
Performance Bond. "Performance bond" means an agreement by and between subdivider or developer and a bonding company in favor of and in such form as approved by Council, on file in the Municipal Building, for the amount of estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
Person. "Person" means any individual, firm, partnership, association, corporation, company or organization of any kind.
Planning Commission. "Planning Commission" means the Planning Commission of the City.
Plat. "Plat" means: a drawing for the purpose of study of a subdivision and, when approved, permits proceeding with the preparation of a final plat.
Plat, Final. "Final Plat" means a final map of all or a portion of a subdivision which, when approved, shall be in a form suitable for recording.
Plat, Preliminary. "Preliminary plat" means a set of detailed plans and drawings as set forth in this Unified Development Ordinance under Section 1135.03 for the review of a major subdivision by the Planning Commission.
Property Caretaker. An individual, other than the short term rental permit holder, who is responsible for the oversight and care of the short term rental when the permit holder is away.
Public Utility. "Public utility" means any person, firm, corporation, governmental agency of board fully authorized to furnish and furnishing to the public, electricity, gas, telephone, transportation, water or any other similar public utilities.
Quasi-Public. "Quasi-public" means any organization operating as a nonprofit activity serving a public purpose or service. It shall include organizations such as noncommercial clubs, lodges, theater groups, and recreational and cultural activities.
Receiver. "Receiver" means a television set or radio receiver.
Right-of-Way. "Right-of-way" means the strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) as grade separation, landscaped areas, viaducts and bridges. The width of a right-of-way is measured as the perpendicular distance across a public street, measured from property line to property line. When property lines on opposite sides of the public street are not parallel, the right-of-way width shall be determined by the City Engineer.
(Ord. 09-20. Passed 6-22-09.)
Riparian Setback. This shall mean land adjacent to designated watercourses that if naturally vegetated and/or appropriately vegetated and appropriately sized, limits erosion, reduces flood flows, and/or filters and settles out runoff pollutants, or which performs other functions consistent with the purpose of these regulations.
(Ord. 17-03. Passed 1-23-17.)
Roadside stand. "Roadside stand" means a removable structure used or intended to be used solely by the owner of the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales. No illuminated signs shall be used to advertise such products.
Roadway. "Roadway" means that portion of a highway, including shoulders, for vehicular use. A divided highway has two or more roadways.
Setback. "Setback" means the shortest horizontal distance between a lot line and the closest part or projection thereof of any structure or area. If no lot line is specified, the applicable lot line shall be the street line(s).
Sexually Oriented Business. "Sexually oriented business" means an adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater. "Sexually oriented business" does not include a nude model studio.
Short Term Rental. Any dwelling that is rented wholly or in part for less than thirty (30) consecutive days by persons from which the owner receives monetary compensation.
Short Term Rental Permit. A permit for a short term rental property duly issued by Louisville Planning Department.
Short Term Renter. An occupant or renter of a short term rental pursuant to a rental agreement.
Specified Anatomical Areas. "Specified anatomical areas" means human genitals.
Specified Sexual Activities. "Specified sexual activities" means and includes any of the following: fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts, whether covered or uncovered;sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy; masturbation, actual or simulated; or excretory functions as part of or in connection with any of the activities set forth above.
Shoulder. "Shoulder" means the portion of the roadway contiguous with the traveled way for the accommodation of stopped vehicles, for emergency use, and for lateral support of base and surface courses.
Sidewalk. "Sidewalk" means that portion of the road right of way, outside the roadway, which is improved for the use of pedestrian traffic.
Sign. "Sign" means any structure or natural object such as a tree, rock, bush and the ground itself, or part thereof, or device attached thereto or painted or represented thereon, which is used to attract attention to any object, product, place, activity, person, institution, organization or business, or which displays or includes any letter, word, banner, flag, pennant, insignia, device or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of these regulations, "sign" does not include the flag, pennant, badge or insignia of any government or governmental agency or of any charitable, religious, educational or similar organization. It shall include any billboard, ground sign, wall sign, roof sign, illuminated sign, projecting sign, portable sign, window sign, window graphics, temporary sign, marquee, awning, and canopy which includes any announcement, declaration, demonstration, display, illustration or insignia used to advertise or promote the interests of any business, organization or person when the same is placed out of doors in view of the general public or when the same is placed indoors where the basic intent is for the view by the general public outside of the building.
Sign, Abandoned. "Abandoned sign" means a sign which advertises goods, products, services or facilities incorrectly or which are no longer available to the public, or which directs persons to a location where such goods, products, services or facilities are not available.
Sign, Advertising. "Advertising sign" means a sign, including a billboard, which carries advertising pertaining to a business transacted, services rendered, goods sold or produced or other activities and having the primary function of general advertising as opposed to business identification. An advertising sign may or may not be on the same premises as the activity advertised.
Sign, Air-Activated. "Air-activated sign" means a sign all or any part of which is designed to be moved by action of the air for the purpose of attracting attention, including signs with spangles or moveable colored disks by excluding flags, banner signs, or festoons.
Sign, Animated. "Animated sign" means a sign which includes action or motion.
Sign, Announcement. "Announcement sign" means a sign directing attention to the use or event of a public or quasi-public institution and located upon the premises of the institution.
Sign Area. "Sign area" means the entire surface area comprising all elements of the communication including lettering, accent color, pattern or texture areas, other background features and structural trim.
Sign, Awning. "Awning Sign" means a sign located on an awning.
Sign, Balloon. "Balloon Sign" means an inflated figure or object the largest dimension of which exceeds 3 feet. Balloon signs do no include aircraft such as hot air balloons or dirigibles.
Sign, Banner. "Banner sign" means a temporary sign made of lightweight material and secured or mounted so as to allow movement of the sign caused by the wind.
Sign, Bench. "Bench sign" means a sign located on any part of the surface of a bench or seat placed in or adjacent to public right of way.
Sign, Billboard. "Billboard sign" means any structure or portion thereof, situated on private premises, and used for the public display of posters, painted signs, pictures or other pictorial or reading matter. It may also be a sign used to advertise a business, commodity or service conducted elsewhere than on the premises on which the billboard is located.
Sign, Bulletin Board. "Bulletin board sign" means a changeable announcement sign directing attention to the use or event of a public or quasi-public institution and located on the premises of the institution.
Sign, Canopy. "Canopy sign" means any sign attached to or constructed in or on a canopy.
Sign, Changeable Copy. "Changeable copy sign" means a sign or portion thereof on which the copy is designed to be regularly changed, either manually or by mechanical or electrical means (e.g., public service time, temperature and date signs).
Sign, Construction. "Construction sign" means a temporary sign identifying a building or construction site and the government agency, architects, engineers, financial institutions, and contractors involved at the site.
Sign, Directional. "Directional sign" means an incidental sign designed to guide vehicular or pedestrian traffic or regulate parking.
Sign, Exempt. "Exempt sign" means a sign exempted from the requirements of this UDO.
Sign Facing. "Facing" means the surface of the sign upon which the copy is displayed or illustrated.
Sign, Flag. "Flag" means a pennant displaying the emblems or insignia of a nation, political subdivision, or corporation which is designed to attach at one edge to a flagpole and which is adopted or sanctioned as the official flag of the United States, foreign nations having diplomatic relations with the United States, an elected local legislative body, or a corporation. All flags shall be flown in a respectful manner and shall be subject to protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner or a pennant sign and shall be subject to regulation as such.
Sign, Future Development. "Future development sign" means a temporary sign, indicating the future construction or development of a building or area but not fitting under the definition of "construction sign".
Sign, Ground. See "low profile sign."
Sign, Holiday. " Holiday sign" means a sign such as Christmas decorations or those used for an historic holiday, and installed for a limited period of time.
Sign, Identification. "Identification sign" means a sign which is limited to the name, address and number of a building, institution or person and to the nature of the use of the property on which the sign is located.
Sign, Illuminated. "Illuminated sign" means any sign which emanates light either by means of exposed tubing or lamps on its surface, or by means of illumination transmitted through the sign face.
Sign, Incidental. "Incidental sign" means a secondary sign not referring directly to goods, services or facilities which are available on the premises where the sign is located i.e., credit cards accepted, official notices required by law, trade affiliations, no trespassing, keep off grass, beware of dog, etc,
Sign, Indexing. "Multi-prism indexing sign" means a form of a changeable copy sign which intermittently displays different advertisements on the same sign by the synchronized rotation of the sections of a multi-prism sign at regular intervals designed to show several messages in the same area.
Sign, Indirectly Illuminated. "Indirectly illuminated sign" means any sign which reflects light from a source intentionally directed upon it (i.e., floodlights, gooseneck reflectors or externally mounted light fixtures).
Sign, Low Profile. "Low profile sign" means a free-standing sign erected near ground level and limited to identifying the name of the building or institution on the premises.
Sign, Marque. "Marquee" means any type of permanent construction projecting from the wall of a building above an entrance and extending over public right of way, construction of durable material and not supported by ground posts.
Sign, Moving. "Moving sign" means a sign that moves in any manner or has any major moving part. "Moving sign" includes revolving and rotating signs.
Sign, Nameplate. "Nameplate sign" means a non-illuminated sign identifying only the name, address and occupation or profession of the occupant of the premises on which the sign is located.
Sign, Nonconforming. "Nonconforming sign" means any advertising structure or sign which was legally erected and maintained prior to such time as it came within the adoption of this chapter, and which fails to conform to all applicable regulations and restrictions of this chapter, or a nonconforming sign for which a special permit has been issued.
Sign, Off-premises. "Off-premises sign" means a sign which does not constitute advertisement for the primary function of the premises on which the sign is located. It is a sign that advertises goods, products, services or facilities not necessarily sold on the premises on which the sign is installed or which directs persons to a different location from where the sign is installed.
Sign, On-premises. "On-premises sign" means any sign identifying or advertising a lawful business, person, activity, goods, products or services located on the premises where the sign is installed and maintained.
Sign, Pennant. "Pennant" means any temporary sign made of paper, lightweight fabric or similar flexible material varying in size, shape, color and design usually attached at one or more edges to a staff or cord. Such signs are designed to move by means of the wind and are often imprinted with an advertising message or designed with bright colors or a material that makes noise to attract attention. National flags, state or municipal flags, or the official flag of any institution or business shall not be regulated as banners.
Sign, Pole. "Pole sign" means a sign which is supported by one or more columns, uprights or braces placed upon the ground and not attached to any building.
Sign, Projecting. "Projecting sign" means any sign, other than a wall sign, which is attached to a building or other structure and which extends beyond the line of the building or structure or beyond the surface of that portion of the building or structure to which it is attached.
Sign, Portable. "Portable sign" means an on-premises sign which is designed to be moved readily, is for temporary use at a location and does not have a permanent attachment to the ground surface or any structure.
Sign, Real Estate. "Real estate sign" means a sign directing attention to the promotion, development, rental, sale or lease of property on which the sign is located.
Sign, Roof. "Roof sign" means any sign erected, constructed and maintained upon or over the roof or parapet wall of any building and having its principal support on the roof.
Sign, Sandwich Board. Sign, Sandwich Board means a temporary advertising or business ground sign constructed in such a manner as to form an "A" or a tent-like shape; each angular face held at an appropriate distance by a supporting member.
Sign, Snipe. Any sign not otherwise defined herein which is painted, marked, written, posted or displayed on or otherwise affixed to any street sign or traffic sign, sidewalk, crosswalk, curb, curbstone, street lamp post, hydrant, railroad trestle, electric light or power pole or telephone pole or wire appurtenance thereof, fixture of the fire alarm system, public bridge, drinking fountain, natural features such as trees, shrubs, rocks or tree stakes or guards.
Sign Spacing. "Sign Spacing' means the linear horizontal distance measured along a street right-of-way between the closest parts or projections of any two signs to which a spacing requirement applies that are located on the same side of the street and that are visible by traffic moving in the same direction.
Sign Sticker. "Sign sticker" means a sticker affixed to a sign, visible from the street, denoting the name of the manufacturer or designated servicing company for the purpose of identification by City officials or others.
Sign Structural Trim. "Structural trim" means the molding, battens, capping, nailing strips, latticing and platforms which are attached to the sign structure.
Sign Structure. "Sign structure" means any structure which supports, has supported or is capable of supporting a sign, including decorative cover.
Sign, Swinging. "Swinging sign" means a sign which hangs or swings from its supports constituting a non-stationary or a non-fixed condition.
Sign, Temporary. "Temporary sign" means a sign which is not permanently affixed and not intended for permanent use. It includes a sign painted on the interior of a window or constructed of paper, cloth or other similar material and attached to the interior side of a window, or displayed on the exterior of a building wall in order to direct attention to persons outside the building to a sale or merchandise or a change in the status of the business.
Sign, Wall. "Wall sign" means any sign, painted on, attached to or erected against the wall of a building or structure, with the exposed face of the sign in a plane parallel to the plane of the wall.
Sign, Window. "Window sign" means a sign installed inside or on a window for purposes of viewing from outside the premises. This term shall not include merchandise located in the window.
Specified Sexual Activities. "Specified sexual activities" means any of the following:
(1) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;
(2) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;
(3) Masturbation, actual or simulated.
Stacking Space. "Stacking space" means a space designed for the temporary queuing of motor vehicles.
Street. "Street" means a public or private right of way for vehicular and pedestrian use:
(1) Freeway: a divided multi-lane highway for through traffic with all crossroads separated in grade and with full control of access.
(2) Expressway: a divided arterial highway (not a freeway) for through traffic with full or partial control of access, medians, at grade intersections, and some grade separations.
(3) Arterial: a general term denoting a highway primarily for through traffic usually on a continuous route. This facility provides for through traffic movement between areas, across the County and to and from expressways. An arterial also provides access to abutting property, but parking and loading may be restricted to improve the capacity for moving traffic.
(4) Collector: a street providing for traffic movement between major arterials and local streets, and direct access abutting property. This facility provides for the internal traffic movement within an area of the County.
(5) Local: a street or road whose present function is to provide access to residence, business or other abutting property. A local moves a vehicle from an individual property to the nearest collector street.
(6) Cul-de-sac: a minor street permanently established with a single point of vehicular ingress and egress.
Story. "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
Story, half. "Story, half" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
(Ord. 09-20. Passed 6-22-09.)
Stream Bank or River Bank. The ordinary high water mark of the stream or river, otherwise known as the bankfull stage of the stream or river channel, indicators used in determining the bankfull stage may include changes in vegetation, slope or bank materials, evidence of scouring, and stain lines.
(Ord. 17-03. Passed 1-23-17.)
Structure. "Structure means" anything constructed or erected, the use of which requires more or less permanent location on the ground or attached to something on the ground designed for support purposes only, including buildings, walls, free standing ground signs, pergolas, farmer's roadside stands, and fences.
Subdivider. "Subdivider" means any person, persons or corporation, or duly authorized agent who undertakes the subdivision of land as defined in Ohio R. C. 711.001.
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, whether immediate or future, of transfer of ownership; provided, however, that 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; or
(2) The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets, except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants or leaseholders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.
Surety Bond. See definition of "performance bond"
Unified Development Ordinance (UDO). "Unified Development Ordinance" or "UDO" means this ordinance inclusive of Title One, Three, Five and Seven.
Use. "Use" means the purpose for which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
Use, Conditional. "Use, conditional" means a use that because of its special character cannot be allowed generally in a zoning district but may be allowed under special conditions and is therefore subject to the prior approval of a Conditional Use Permit.
Use, Existing. "Use, existing" means a use in existence on the date of effect of the applicable regulation.
Use, Permitted. "Use, permitted" means a use allowable as of right within a zoning district without the need for a Conditional Use Permit or Amendment.
Usable Open Space. "Usable open space" means the required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, and shall be twenty feet in least dimension on the ground. Balconies at least four feet, six inched wide, roof areas which are improved, and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as usable open space.
Vicinity map. "Vicinity Maps" means a drawing at a reduced scale located on a plat which shows legibly by dimension and/or other means, enough area beyond the bounds of the proposed subdivision to locate and orient the subdivision within Stark County.
Watershed. Watershed" means the drainage basin in which the subdivision drains or that land whose drainage is affected by the subdivision.
(Ord. 09-20. Passed 6-22-09.)
Westland. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
Wetland Setback. An area of undisturbed natural vegetation located adjacent to the perimeter of the wetlands. (Ord. 17-03. Passed 1-23-17.)
Yard. "Yard" means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided in this Unified Development Ordinance.
Yard, Front. "Yard, front" means a yard extending across the full width of a lot and being the perpendicular distance between the street right-of-way line and the nearest portion of any building or structure existing or proposed for construction on such lot. Where the right-of-way line is not established, the right or way shall be assumed to be sixty feet.
Yard, Rear. "Yard, rear" means a yard extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the nearest portions of any building or structure existing or proposed to be constructed on such lot. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
Yard, Side. "Yard, side" means a yard between the nearest portion of any building or structure existing or proposed to be constructed on such lot and the side lines of the lot and extending from the front yard to the rear yard.
Zoning Map. "Zoning map" means the Zoning Districts Map of the City of Louisville, Stark County, Ohio.
(Ord. 09-20. Passed 6-22-09; Ord. 11-26. Passed 8-29-11; Ord. 20-26. Passed 6-15-20.)
CODIFIED ORDINANCES OF LOUISVILLE