(92) "Main building" (see "building, main").
(93) "Major arterial street" (see "street").
(94) "Major subdivision" (see "subdivision - major").
(95) "Master plan" means a comprehensive long-range plan intended to guide the growth and development of a community or region into the future and includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.
(96) "Minor subdivision" (see "subdivision - minor").
(97) "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(98) "Multi-family dwelling" (see "dwelling").
(99) "Natural grade" (see "grades").
(100) "Newspaper" means a publication published weekly or more often, which contains local news of general interest in the City, and which is distributed free, by subscription or purchase, to a majority of the residents of the City. Any publisher of a newspaper, other than the publishers of the Cleveland daily newspapers, circulated within the City, shall certify to the facts contained in this paragraph, to the Clerk of Council, as and when such Clerk of Council may require such data.
(101) "Nonconforming use" means the use of a building or land, existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements, performance standards and/or any other use regulations of the district in which it is located.
Specifically:
A. "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the current area, height and/or bulk of building, yard and/or any other building regulations of the district in which it is located.
B. "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the current lot area, width, access and/or any other lot requirements of the district in which it is located.
(102) "Occupancy certificate" means an official statement of the City of Lyndhurst certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purpose designated thereon.
(103) "Office planned unit development" means an area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more office buildings.
(104) "Off-street parking space" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley, and maneuvering room that is located totally outside of any street or alley right-of-way.
(105) "Open space" means an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, swimming pools, tennis courts or any other recreational facilities. Streets, structures for habitation and the like shall not be included.
(106) "Owner" refers to the individual, individuals, company, corporation or trustee in whom or which is vested the legal title to the lands proposed to be allotted or developed.
(107) "Parabolic reflector" means a metallic sheet formed so that its cross section is in the shape of a cylindrical parabola. The antenna elements are placed along the line that runs through the focal point of the parabola, parallel to the leading edge of the reflecting sheet. (See also "satellite dish-type earth station"; "antenna"; "antenna tower".)
(108) "Parcel" means an area of unsubdivided land, or resulting from a division of unsubdivided land, held as one unit by its owner or owners.
(109) "Performance bond/surety bond" (see "improvement bond").
(110) "Performance standards" means standards and criteria established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by, or inherent in, uses of land or buildings.
(111) "Plat" means the map or drawing on which the developer's plan of a subdivision is presented to the City for approval and, after such approval, to the County Recorder for recording.
(112) "Preliminary plan" means a preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the City for consideration and preliminary approval.
(113) "Premises" means land which includes improved or unimproved realty.
(114) Private garage" (see "garage").
(115) "Private street" (see "street").
(116) "Profile" means an illustration on a tracing of a cross section of the existing elevations of a proposed subdivision.
(117) "Public notice," unless otherwise specifically noted herein, of a hearing or proceeding, means thirty days notice of the time and place thereof printed in a newspaper, as defined in paragraph (c)(100) hereof, at least once a week for four consecutive weeks.
(118) "Public uses" means public parks, schools and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(119) "Rear lot line" (see "lot line").
(120) "Rear yard" (see "yard").
(121) "Reserve strip" means any lands which are not included in the subdivision and which are intended to control access to adjacent property.
(122) "Residential planned unit development" means an area of land in which a variety of housing units is accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those that would normally apply under other single-family regulations, allowing for the clustering of residential units to preserve common open space for scenic beauty and recreation for its residents.
(123) "Restaurant" means a place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, meals are habitually prepared or sold and served.
(124) "Resubdivision" means a reconfiguration of lots which were previously established by recorded subdivision.
(125) "Right-of-way" (see "street").
(126) "Satellite dish-type earth station" means a microwave antenna, usually shaped like a parabola, which reflects the radio energy leaving or entering the system. (See also "antenna"; "antenna tower"; "parabolic reflector".)
(127) "Screening" means the use of landscaping, fences, walls or the like to mask structures or property uses from the view of users of public streets or occupants of adjacent properties.
(128) "Setback building line" means the line or back of the setback line between which and the street line no building or portion thereof or structure may be erected above the finished grade, except as provided herein. (See Figure 2 following the text of this chapter.)
(129) "Side lot line" (see "lot line").
(130) "Side yard" (see "yard").
(131) "Sign" means a structure or part thereof, or any device attached to or painted directly or indirectly on a structure or parcel of land, and which displays or includes any letter, work, model, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business on the premises to which such sign relates.
(132) "Single-family dwelling" (see "dwelling").
(133) "Site plan" means a plan, to scale, showing uses and structures proposed for a parcel of land.
(134) "Special use" means a use permitted within a district other than a principally permitted use, requiring a special (conditional) use permit and approval of the Board of Zoning Appeals.
(Ord. 96-61. Passed 4-21-97.)
(134A) “Storage facility” means a facility constructed or built for the purpose of housing machinery, equipment, materials or the like to be used only as an accessory use to the permitted use on that property and to maintain and service only the permitted use on that property.
(Ord. 98-89. Passed 10-19-98.)
(135) "Storage garage" (see "garage").
(136) "Story" means that part of the building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is over five feet above the ground level from which the height of the building is measured, if it is used for business purposes or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
Specifically:
A. "First story" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building.
B. "Half-story" means the portion of the building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three feet above the floor level.
(137) "Stream" means a watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
(138) "Street" means a public way for purposes of vehicular travel, including the entire area within the rights-of-way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. (See Figure 4) Streets shall be classified and further defined as follows:
A. "Collector street" means a street supplementary to, and connecting, the major street system to local streets.
B. "Driveway and access drive" means a prepared hard surface area providing ingress and egress for vehicles from private property and the public rights-of-way.
C. "Driveway apron" means that portion of a driveway that is between the street and the sidewalk. (See also "curb cut".)
D. "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated intersections.
E. "Local street" means a local street primarily for access to abutting residential properties and to serve local needs.
Specifically:
1. "Access road" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.
2. "Cul-de-sac" means a local street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
3. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
4. "Lane" means a narrow street.
F. "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively- developed districts.
G. "Private street" means a street held in private ownership.
H. "Right-of-way" means all the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
In addition:
1. "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
2. "Pedestrian way" means a public or private right-of-way solely for pedestrian circulation.
3. "Roadway" means that portion of a right-of-way available for vehicular travel, including parking lanes.
4. "Tree lawn" means that portion of a right-of-way lying between the exterior line of the roadway and the outside right-of-way line.
I. "Street line" means the street right-of-way line which corresponds with the lot line that divides the lot from an abutting street.