(a) Interpretation. In the Subdivision Regulations and in this Zoning Code, words are used in their ordinary English usage. Certain terms and words are, however, herein defined, and wherever they are used in the Subdivision Regulations and in this Zoning Code, they shall have the meanings indicated in this chapter, except where the context clearly indicates a different meaning.
(b) Words, Terms and Phrases Generally. For the purpose of interpreting the Subdivision Regulations and this Zoning Code, the following terms, phrases, words and their derivatives shall have the meanings given herein and shall be construed as if followed by the words "or part thereof." Words or numbers used in the singular include the plural and the plural includes the singular, unless the context clearly indicates the contrary.
(1) The word "shall" is to be interpreted as a mandatory requirement and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(2) All words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The word "person" includes "an individual, association, organization, partnership, trust, company, corporation, firm, or any other legal entity."
(4) The words "occupied" or "used," as applied to any building or premises, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
(5) The word "lot" includes the words "plot" or "parcel."
(6) The word "City" means the City of Lyndhurst, Ohio.
(7) The word "Commission" means the City Planning Commission of the City of Lyndhurst, Ohio.
(8) The word "Council" means the legislative body of the City of Lyndhurst, Ohio.
(9) The word "Board" means the Board of Zoning Appeals of the City of Lyndhurst, Ohio.
(10) The word "County" means the County of Cuyahoga.
(11) "Building Commissioner" includes all persons succeeding him or her, by whatever title known, in the duties and powers provided for him or her by this Zoning Code.
(12) All distances are horizontal measurements unless otherwise specified.
(13) "Director of Law" means the head of the Law Department of the City of Lyndhurst, Ohio.
(c) Words, Terms and Phrases Defined. As used in the Subdivision Regulations and in this Zoning Code:
(1) "Abstract of title" means a complete historical summary of all recorded documents affecting the title of a property.
(2) "Access Road" (see "street - local street").
(3) "Accessory use" or "accessory building" means a subordinate use or building located on the same lot with, and customarily incidental to, the main use or building.
(4) "Allotment" (see "subdivision").
(5) "Alteration," as applied to a building or structure, means a change or rearrangement in the structural parts or existing facilities or an enlargement, whether by extending on a side, increasing in height, adding a dividing wall or moving from one location or position to another.
(6) "Antenna" or "aerial" means that portion, usually wires or rods, of a radio transmitter or receiver station used for radiating waves into or receiving them from space. (See also "antenna tower"; "satellite dish- type earth station".)
(7) "Antenna, dish" means an antenna consisting of a radiation element which transmits or receives radiation signals generated as electrical, light or sound energy, and supported by a structure with or without a reflective component to the radiating dish, usually in a circular shape with parabolic curve design constructed as solid or open mesh surface.
(8) "Antenna tower" means a structure designed and constructed for the purpose of mounting a radio or television antenna. (See also "antenna"; "satellite dish-type earth station".)
(9) "Apartment" means a dwelling unit located in an apartment building consisting of one or more habitable rooms, exclusive of a bathroom, which is designed for, intended for or occupied by one family doing its cooking for consumption within the unit.
(Ord. 96-61. Passed 4-21-97.)
(10) "Apartment building" means a multi-family dwelling comprised of three or more dwelling units (apartments) arranged side by side and/or one above the other, each having a separate entrance or entrances connected to a common outside entrance or entrances. An apartment building may be combined with a hotel.
(Ord. 2014-17. Passed 5-19-14.)
(11) "Area of a lot" (see "lot measurement - lot area").
(12) "Assemblage" (see "lot consolidation").
(13) "Assisted living facilities" is a state licensed "residential care facility" for the frail or elderly that provides rooms, needs, personal care, assistance with activities of daily living, supervision of, or assistance with, self-administered medication and which may provide other services such as recreational activities and transportation.
An "assisted living facility" shall not include any of the following:
A. Except as provided in Ohio R.C. 3721.01(A)(1), a public hospital or hospital as defined in Ohio R.C. 3701.01 or 5122.01;
B. A residential facility for mentally ill persons as defined under Ohio R.C. 5119.22;
C. A residential facility as defined in Ohio R.C. 5123.19;
D. A habitation center as defined in Ohio R.C. 5111.041;
E. A community alternative home as defined in Ohio R.C. 3724.01;
F. An adult care facility as defined in Ohio R.C. 3722.01;
G. An alcohol and drug addiction program as defined in Ohio R.C. 3793.01;
H. A facility licensed to provide methadone treatment under Ohio R.C. 3793.11;
I. A facility providing services under contract with the Department of Mental Retardation and Developmental Disabilities under Ohio R.C. 5123.18;
J. A facility operated by a hospice care program licensed under Ohio R.C. 3712.04 that is used exclusively for care of hospice patients;
K. Until January 1, 1997, a facility, infirmary or other entity that is operated by a religious order that provides care exclusively to members of religious orders who take vows of celibacy and live by virtue of their vows within the orders as if related and does not participate in the medicare program established under Title XVIII of the "Social Security Act" or the Medical Assistance Program established under Ohio R.C. Chapter 5111 and Title XIX of the "Social Security Act", if on January 1, 1994, the facility, infirmary or entity was providing care exclusively to members of the religious order.
(14) "Basement" means that portion of a building which is all or partly underground but has at least one-half of its height below the average level of the adjoining ground.
(15) "Billboard" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(16) "Block" means a unit of land bounded by streets or a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.
(17) "Building" means a structure that is completely enclosed and is designed, intended or used for the shelter of persons, animals, property, or business activity of any kind.
(18) "Building coverage" means the amount of land on a lot that is covered or permitted to be covered by a building and measured in terms of percent.
(19) "Building line" (see "setback building line").
(20) "Main Building" means a building occupied by the chief use or activity on the premises.
(21) "Building permit" means written permission issued by the City of Lyndhurst Building Department for the construction, repair or alteration of, or addition to, a structure.
(22) "Certificate of approval" means a certificate issued by the Building Commissioner for uses or premises when the same comply or are constructed in accordance with this Zoning Code, the Fire Prevention Code, the Building Code or other applicable law, variance or special use permit of the Board of Zoning Appeals and/or Council or by order of a competent jurisdiction.
(23) "Certificate of title" means a written opinion by an attorney as to who owns a parcel of land.
(24) "Child day care home" means a permanent residence or facility of the provider for one to six children at one time in which no more than three children may be under two years of age at one time. In counting children for the purposes of this paragraph, any children under six years of age who are related to the provider and who are on the premises of the child day care home shall be counted.
(25) "Cluster" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive features.
(26) "Cluster subdivision" means a form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the remaining land area is devoted to open space.
(27) "Community garage" (see "garage").
(28) "Conditional use" means a use permitted in a particular zoning district upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this Zoning Code and as authorized and approved by City Council after being reviewed by the City Planning Commission.
(29) "Conditional use permit" means a permit issued by the Building Commissioner, after approval by the Planning Commission and City Council, stating that a conditional use meets all the conditions set forth within this Zoning Code.
(30) "Condominium" means 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.
(31) "Confirmation by Council" means affirmance, reversal or modification of a Board of Zoning Appeals order.
(32) "Contour interval" means lines on a topographic map that connect points having the same elevation (see also "topographic map;" "topography").
(33) "Corner lot" (see "lot types").
(34) "Court" means an open, unoccupied and unobstructed space other than a yard on the same lot with a building."
In addition:
A. "Outer court" means a court which extends directly to and opens for its full width on a street or other permanent open space, or on a required yard.
B. "Inner court" means a court which is bounded on more than three sides by the exterior walls of one or more buildings.