(35) "Covenant" means a written agreement or promise.
(36) "Cul-de-sac" (see "street - local street").
(37) "Curb" means a stone or concrete boundary usually marking the edge of the roadway or paved area.
(38) "Curb cut" means the opening along the curb line at which point vehicles may enter or leave the roadway.
(39) "Dead-end street" (see "street - local street").
(40) "Dedication" means the conveyance of private land by the owner of such land for a public use that is accepted by the public.
(41) "Density of dwelling units" means a unit of measurement expressing the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed.
B. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses excluding streets, water and open space.
(42) "Depth of a lot" (see "lot measurement - lot depth").
(43) "Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, the holder of an option or contract to purchase such land or any other person having an enforceable proprietary interest in such land.
(44) "Drive-in restaurant" means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all, or a significant portion of, the consumption takes place, or is designed to take place, outside the confines of the building, often in a motor vehicle on the site.
(45) "Driveway apron" (see "street - driveway and access drive").
(46) "Dwelling" means a building, or portion thereof, designed or occupied exclusively for nontransient residential use (including one-family or multi-family buildings).
Specifically:
A. "Duplex dwelling" means a dwelling consisting of two dwelling units which are attached side by side, each unit having a separate entrance.
B. "Multi-family dwelling" means a building consisting of three or more dwelling units with varying arrangements of entrances and party walls, including town houses, apartment houses and condominiums.
C. "Single-family dwelling" means a detached dwelling arranged, intended or designed to consist of one dwelling unit.4
D. "Town house" means a multi-family dwelling comprised of dwelling units attached in a row or group, having party walls and each unit having at least two separate outside entrances.
(47) "Dwelling unit" means a space within a dwelling, comprised of a living, cooking and dining area, a sleeping room or rooms, storage closets and bathing and toilet facilities, all used by only one family.
(48) "Easement" (see "street - right-of-way").
(49) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(50 "Established street grade" (see "grades").
(51) "Family" means a person living alone or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory or fraternity or sorority house. However, "family" shall not include more than four persons living together unrelated to each other by blood, marriage or legal adoption, except for group residential facilities.
(52) "Final grading plan" means the elevation of the surface of the ground for the proposed sublots and all common areas in the subdivision as illustrated in the final plat.
(53) "Final plat" means the final map of all, or a portion of, a subdivision or site plan which is presented to the City for final approval.
(54) “Finished grade” (see "grades").
(55) "Flood plain" means the channel of a natural stream or river and the relatively flat area adjoining the channel which has been or may be temporarily covered by floodwater.
(56) "Floor area, gross" means the sum of the gross horizontal areas of the floor or several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
(57) "Floor area, net" means the total of all floor areas of a building, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading as measured from the centerline of a wall and all gross floor areas of all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(58) "Floor area ratio" means the gross floor area of all buildings on a lot divided by the lot area.
(59) "Fowl" means a bird, including, but not limited to, chickens, ducks, geese, turkeys and poultry, used as food or hunted as game.
(60) "Front lot line" (see "lot line").
(61) "Front yard" (see "yard").
(62) "Garage" means an accessory building or buildings designed and used for the storage of motor vehicles.
Specifically:
A. "Community garage" means an accessory building or buildings used for the storage of motor vehicles of tenants of two or more adjoining apartment buildings or other dwellings, permitting ordinary maintenance service on such vehicles.
B. "Private garage" means an accessory building or portion of a main building used for the storage of motor vehicles.
C. "Repair garage" means a building or part of a building used for general repair of motor vehicles.
D. "Storage garage" means a building or part of a building, other than a private garage or a community garage, used for the storage of any kind of motor vehicles, with or without ordinary maintenance service on such vehicles or sale of accessories.
(63) “Gasoline service station" means a building or part of a building, or a structure or space, used for retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs not accompanied by objectionable noises, fumes or odors.
(Ord. 96-67. Passed 4-21-97.)
(63A) “Automotive Fueling Station” means a building or part of a building, or a structure or space, used for retail sale of gasoline or other fuel products, and which provides no other onsite automotive services except an attached car wash as a conditional use.
(Ord. 2015-66. Passed 11-16-15.)
(64) "General plan of street development" means a plan illustrating the general layout of streets and their proposed rights-of-way within the City.
(65) "Grades" shall be defined as follows:
A. "Established street grade" means the roadway elevation established by the City, measured at the roadway centerline in front of the lot.
B. "Finished grade" means the elevation of the finished surface of the ground adjoining the building or structure.
C. "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building or structure.
(66) "Group residential facilities" or "group home" means a state licensed or certified home for residence care of children or developmentally disabled persons which is:
A. Owned and/or operated by a public agency or a private community chest funded agency;
B. An established private single-family home or a home established by a nonprofit corporation into which placement of such persons is made by a public agency; or
C. Supervised by such agency with respect to licensing and regulations and standards of operation, program and personnel.
(67) "Guarantee of title" means an insurance policy issued by a title company guaranteeing the accuracy of the title examination subject to certain limitations, one of which is flaws that cannot be revealed by examination of public records.
(68) "Half-story" (see "story").
(69) "Headquarters or executive offices park" means an arrangement of buildings intended for headquarters or executive offices incidental to the operations of a single business or administrative entity being served by such offices. The contemplated activities are those activities which are directly involved in, are necessarily incidental to, and the consolidation or amalgamation of, headquarters or executive offices activities of a single business or other administration activities.
(70) "Height of a building" means the vertical distance to the highest point of the coping of the street wall, in the case of a flat roof, and to the mean height between the eaves and ridge, in the case of a pitched roof, measured from the finished grade of the ground adjoining the building.
(71) "Height of a structure," other than a building, means the vertical distance to the highest point of the structure, measured from the established street grade if the structure is located in front of the setback building line, and from the finished grade approved by the City if located on or back of the setback building line.
(72) "Highway" (see "street - freeway").
(73) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit. However, such home occupation shall be conducted in the dwelling used by the person as his or her private residence, no person shall be employed other than members of his or her immediate household and such home occupation shall not give rise to a nuisance of any kind and shall not be otherwise detrimental to the district.
(74) "Homeowners association" means a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
(Ord. 96-67. Passed 4-21-97.)
(75) "Hotel" means any building or portion thereof which provides, or which is intended, arranged or designed to provide, lodging or meals and lodging, to guests for compensation, whether the compensation is paid directly or indirectly. A hotel may include a full service restaurant/lounge facility with an inside or outside entrance, or both. In addition, such building or portion thereof shall only have interior access to lodging rooms or units (i.e. interior corridors), meeting rooms and banquet/conference facilities with catering capabilities, indoor swimming pool and exercise room. Cooking facilities within a unit or units are prohibited. Such facility shall not be occupied by the owner or operator as is generally the case with an inn or bed and breakfast facility. "Full service restaurant/lounge" shall mean facilities and equipment necessary to serve breakfast, lunch and dinner with table side service and with food prepared in a full, on site kitchen facility. A hotel may also be combined with an apartment building.
(Ord. 2014-18. Passed 5-19-14.)
(76) "House" means a single or duplex dwelling.
(77) "Improvement bond" means an agreement between an owner or developer and the City of Lyndhurst, Ohio, for the amount of the estimated construction costs, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the owner's agreement and/or the plans, specifications and bid documents. Such agreement shall take the form of performance and payment bonds or, at the City's option, an equivalent financial guarantee in forms satisfactory to the Director of Law. All bonds submitted pursuant to this Zoning Code shall be executed by a surety licensed and approved by the Ohio Superintendent of Insurance to execute such a bond in the State.
(78) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(79) "Interior lot" (see "lot types").
(80) "Landscaping" means the deliberate use of vegetation to improve the appearance or function of a structure or property.
(81) "Lane" (see "street - local street").
(82) "Livestock" means domestic animals such as sheep, cattle, goats or horses, raised for home use or for profit.
(83) "Loading/unloading space" means an open or enclosed space, other than a street, used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(84) "Local street" (see "street").
(85) "Lot" means a parcel of land occupied or intended to be occupied by a main building or use and its accessory building or use, or a group of buildings united by a common interest or use and their accessory buildings and uses, together with the open spaces belonging to the same, as provided for and as required under the provisions of this Zoning Code and the Subdivision Regulations, having a frontage on a street, alley or private right-of-way, and which is the area of land within existing lot lines shown in a subdivision plat or the area resulting from a division of unsubdivided land held as one unit by its owner or owners.
(86) "Lot consolidation" means the joining together of two or more existing lots or parcels to create a single parcel.
(87) "Lot line" means the boundary of a lot which separates it from adjoining lots of record, public land, private land, common, public or private open space and public or private roads. (See Figure 2) Specifically:
A. "Lot line, front" means the street line of the lot, in the case of an interior lot, and that street line designated by the owner as the front lot line, in the case of a corner lot. (See also "lot types").
B. "Lot line, rear" means the boundary of a lot which is parallel to or within forty-five degrees of being parallel to the front lot line. If the rear lot line forms a point, then the rear lot line shall be a line ten feet in length within the lot, drawn parallel to, and the maximum distance from, the front lot line.
C. "Lot line, side" means a lot line other than a front or rear lot line.
(88) "Lot measurement" specifically: (see Figure 2).
A. "Lot area" means the total horizontal area included within the lines of the lot.
B. "Lot depth," except as hereinafter provided in the case of unusually shaped lots, means the distance from the middle of the front lot line to the middle of the rear lot line.
C. "Lot width" means the mean width measured at right angles to the depth along a straight line parallel to the front lot line at the minimum required building setback line.
(89) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of the Cuyahoga County Recorder.
(90) "Lot split" means the separation of part of an existing lot or parcel from the remainder. (See also "subdivision - minor".)
(91) "Lot types" means the terminology used with reference to corner lots, interior lots and through lots. (See Figure 3)
Specifically:
A. "Corner lot" means a lot abutting on two streets at their intersection, where the angle of intersection is not more than 135 degrees.
B. "Interior lot" means a lot other than a corner lot.
C. "Reversed frontage lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
D. "Through lot" means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.