(a) General. The following is a list of general terms used throughout this Code to assist in its interpretation.
(b) Interpretation. As used in this Zoning Ordinance:
(1) "Shall" is to be interpreted as mandatory and not directory; the word "may" is considered permissive.
(2) "Used for" or "occupied for", as applied to any lot or structure, shall be construed to include "arranged for", "designed for", "designated for", "intended for", and "maintained for".
(3) All words in the present tense include the future and the singular includes the plural unless the content clearly indicates the contrary.
(4) Words and phrases shall be read in context and construed according to the rules of grammar and common usage. Words and phrases that have acquired a technical or particular meaning, whether by legislative definition or otherwise, shall be construed accordingly.
(5) "Board" means Board of Zoning Appeals; "Village" means Village of Newburgh Heights, Ohio; "Commission" means Planning Commission; "Commissioner" means Building Commissioner, "Engineer" means Village Engineer.
(6) "Code" means the Planning and Zoning Code; "Ordinance" or "Ordinances" means the Codified Ordinances of Newburgh Heights.
(7) "Lot" shall include "parcel", "piece", "remainder", the word "building" shall include any structure of every kind.
(8) "Residence" and/or "residential" refers to any use associated with a dwelling.
(c) Definitions. The following words or phrases shall have the meanings ascribed to them herein unless the context specifically requires a different meaning:
(1) "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.
(2) "Accessory Use" means a use that is incidental and subordinate to that of the main building or use of land and that is located on the same lot and under the same ownership in all respects.
(3) "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.
(4) "Antenna" means any system of wires, poles, rods, reflecting discs, or similar devices used for the transmission or reception of electromagnetic waves external to or attached to the exterior of any building.
(5) "Apartment" means a structure containing three (3) or more dwelling units.
(6) "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.
(7) "Art Gallery" means a room or building for the display or sale of works of art.
(8) "Athletic Fields" means an area where community members and organized sporting events and teams can practice and play various sports, which are generally open-air and include soccer fields, baseball diamonds, basketball courts, etc.
(9) "Bar" means an establishment in which alcoholic drinks or refreshments are served, but can often include food services as well.
(10) "Basement" means that portion of a building below the first or ground-floor level and having less than four (4) feet of clearance from its ceiling to the average finished grade of the building perimeter.
(11) "Bed and Breakfast" means a guest house or small hotel offering sleeping accommodations and a morning meal.
(12) "Brewery" means a place where beer is made commercially on site, but can sometimes include a restaurant or other similar services to the public.
(13) "Buffer" means a strip of land, fence, or border of trees, etc., between one use and another, which may or may not have trees and shrubs planted for screening purposes, designed to set apart one-use area from another.
(14) "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.
(15) "Building Code" means the various codes of the Village that regulate construction and require building permits, electrical permits, mechanical permits, plumbing permits, and other permits to do work regulated by the Planning and Zoning Code pertaining to building and building regulation.
(16) "Building Height" means the vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs, to the deck line of mansard roofs, and the mean height between eaves and ridge for gable, hip and gambrel roofs.
(17) "Building Material Sales" means an establishment that participates in the sale of goods and materials which are commonly used in the construction industry, which often includes the storage of such materials on site as well.
(18) "Campground" means a place used for camping, especially one equipped with cooking grills, water, and bathrooms, but this can also often include an RV park.
(19) "Cannabis" means the dried preparation of flowering buds or portion of this plant which can be used to produce hemp fiber or used in the production of psychotropic drugs, infused products, and medical uses.
(20) "Child Day Care Center" means any facility operated for the purpose of providing care, protection and guidance to ten (10) or more individuals during only part of a twenty-four (24) hour day. This term includes nursery schools, preschools, day care centers for individuals, and other similar uses but excludes public and private educational facilities or any facility offering care to individuals for a full twenty- four (24) hour period.
(21) "Civic Building" means a structure that is meant to be occupied with a municipal purpose to serve the public.
(22) "Commercial Vehicle" means any vehicle with current state-issued license plates attached, with the designation "truck" or "commercial", or any vehicle used for commercial purposes or in a commercial enterprise, which vehicle is marked or identified by lettering, symbols or signs relating to such commercial purpose or enterprise, or, if not so identified, has attached thereto scaffolding, ladders, plows, cranes, hoists, backhoes or other tools and devices that are being used for such commercial enterprise.
(23) "Community Garden" means any piece of land gardened by a group of people, utilizing either individual or shared plots on private or public land.
(24) "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.
(25) "Density" means the number of structures or specifically dwelling units per a specified area; typically, per acre.
(26) "Dental Office" means a facility that provides specialized services for oral, jaw, and general dental needs.
(27) "Dish Antenna" means a dish-shaped, generally parabolic or spherical structure and its appurtenances designed or used to receive or transmit signals from or to artificial earth satellites or earth-based stations. A dish antenna is an accessory structure.
(28) "Dispensary" means a place where something is dispensed, including medicines and where patients or consumers can access cannabis in a legal and safe manner.
(29) "Drinking Establishment" means an establishment or part of an establishment used primarily for the sale or dispensing of liquor by the drink.
(30) "Drive-Thru" means a window attached to a building that allows customers to receive food, services, money, etc. without having to leave their vehicle.
(31) "Dry Cleaning" means a service in which clothing is cleaned with an organic solvent, without using water.
(32) "Duplex" means a dwelling that is suited for two (2) families to occupy separate units and is typically shared side-by-side within the same overall structure.
(33) "Dwelling" means any building or part thereof designated, used, or intended to be used by people for living or sleeping.
(34) "Dwelling Unit" means an enclosed space within a building having a unique entrance and consisting of one 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.
(35) "Easement" means the authorization by a property owner for the use by another, and for a specified purpose, of a designated part of his or her property.
(36) "Factory Built" means a dwelling that is typically assembled in factories and then transported to sites of use, also commonly known as mobile homes.
(37) "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 boarding house, motel, hotel, fraternity or sorority house.
(38) "Farming" means any cultivation of land by means of growing crops or by raising livestock.
(39) "Fence" means an enclosure or barrier, such as wooden posts, wire, iron, etc., as used as a boundary, means of protection, privacy screening or confinement, but not including hedges, shrubs, trees, or other natural growth.
(40) "Financial Services" means a use that provides professional services involving the investment, lending, and management of money and assets.
(41) "Fitness Center" means a building which is typically fully enclosed that houses exercise equipment for the purpose of physical exercise.
(42) "Floor Area" means the square feet of floor space within the outside line of walls, including the total of all space on all floors of a building. Floor area shall not include porches, garages, or space in a basement or cellar.
(43) "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 or mechanical service or repair of a commercial or public nature.
(44) "Garage Sale" means the sale or offering for sale to the general public of over five (5) items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building. Sales of programs and food and beverage items at school athletic events shall not be deemed to constitute garage sales.
(45) "Gazebo" means a freestanding structure (similar to a detached open patio cover), with a pitched roof design, having a maximum height of fifteen (15) feet, and a maximum area of 600 square feet, and shall be designed for recreational use only and not for habitation.
(46) "Golf Course" means a large open area that is landscaped to accommodate the playing of golf and which typically includes structures to house food services, cart rentals, and sometimes a driving range.
(47) "Grade" means the mean elevation of the ground adjoining a main building or structure on all sides. For the purposes of determining side yard requirements, grade level shall be interpreted as the elevation of ground adjoining the structure at the front corner of the structure on the side for which the side yard is being determined. If a garage is attached in front of the main structure, the elevation at which the ground meets the main front facade of the building, or a point directly below the main front facade, on the side for which the side yard is being determined shall be utilized.
(48) "Greenhouse" means a glass building in which plants are grown that need protection from cold weather.
(49) "Grocery Store" means a building in which people can purchase food and drink items for their needs and these establishments often include a pharmacy and/or bank.
(50) "Group Living Facility" means an assisted living residence or facility that cares for people with disabilities or those whom cannot o choose not to live independently.
(51) "Home Occupation" means any occupation, profession or activity which is clearly incidental and secondary to the use of the premises for dwelling, and which is carried on wholly within a main building or accessory building by a member of the family residing on the premises. No stock in trade is kept or commodities sold. Such home occupation shall not give rise to a nuisance of any kind and shall not be otherwise detrimental to the district. A home occupation shall not be interpreted to include auto repairing, antique shops, sign painting, hotels, or restaurants.
(52) "Hospital" means an institution providing medical and surgical treatment and nursing care for sick or injured people, which these facilities are typically larger in size and generally contain an emergency room.
(53) "Immediate Care Facility" means a medical care building that accommodates patients who need to see a doctor now, but who do not have a life-threatening condition warranting an emergency room visit.
(54) "Kennels" means a building whose purpose is to house small animals for means of adoption or rehoming, which can typically include dogs, cats, etc.
(55) "Landscaping" means the area within the boundaries of a given lot that consists of planting materials, including, but not limited to trees, shrubs, ground covers, grass, flowers, decorative rock, bark, mulch, and other similar materials.
(56) "Loading Area" means an off-street space on the same lot with a building or group of buildings for temporary parking of a commercial vehicle while loading and unloading merchandise or materials.
(57) "Lot" means an area of land described in documents properly recorded in the records of the Cuyahoga County Recorder, being a unique permanent parcel number.
(58) "Lot Area" means the horizontal area within the exterior lines of the lot, exclusive of any area in a public or private way open to public uses.
(59) "Lot, Corner" means a lot abutting upon two or more streets at their intersection.
(60) "Lot Coverage" means the ratio of enclosed ground floor area of all buildings on a lot to the horizontally projected area of the lot, expressed as a percentage.
(61) "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.
(62) "Lot Frontage" means the distance between the side lot lines measured at the right- of-way.
(63) "Lot Line" means the boundary of a lot separating it from adjoining land, public or private.
(64) "Main Building or Structure" means a building, structure or space occupied by the chief use or activity on the premises.
(65) "Medical Marijuana" means marijuana as recommended by a doctor in the treatment of a medical condition.
(66) "Mini-Storage" means a building in which storage spaces, such as rooms, lockers, containers, and/or outdoor space is rented to tenants, usually on a short-term basis, often month-to-month. This typically includes a climate controlled or indoor component to protect more sensitive goods.
(67) "Mixed-use" means the mixing of uses vertically and horizontally within the same structure.
(68) "Movie Theater" means an establishment where the public can view new movie releases as entertainment within an indoor environment that often provides food and drink services.
(69) "Multi-family" means a structure that contains more than two (2) units of occupancy.
(70) "Natural Resource Processing" means a business that takes a source of wealth in its natural state, such as timber, fresh water, or mineral deposits, and converts them into a usable form for economic benefit.
(71) "Nonconforming 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 provisions of this Code.
(72) "Nursing Care" means a facility that provides rehabilitative, restorative, and/or ongoing skilled nursing care to patients or residents in need of assistance with activities of daily living.
(73) "Open Space" means an area that is generally grassy and open-air, which is also generally accessible for the public to use.
(74) "Outdoor Display Area" means an area of designated size used for the display of merchandise or tangible property normally vended within the contiguous business or organization.
(75) "Outdoor Storage Yard" means a space that is typically not covered in any form or fashion that provides for the outdoor storage of large materials or goods, but can sometimes include used car parts, junk, etc.
(76) "Park" means an open area that is generally grassy and that includes opportunities for many activities, which could include playgrounds, walking trails, athletic fields, etc.
(77) "Parking Lot" means an off-street, ground-level open area, usually improved, for temporary storage of motor vehicles.
(78) "Parking, Off-Street" means space occupied by automobiles on premises other than streets.
(79) "Parking Space" means a space for the parking of a motor vehicle within a public or private parking area.
(80) "Parking Structure" means a building designed for car parking and where there are a number of floors or levels on which parking takes place.
(81) "Parkland" means a means an open area that is generally grassy and that includes opportunities for many activities, which could include playgrounds, walking trails, or athletic fields, but can also mean a preservation area with limited public access.
(82) "Pergola" means a structure usually consisting of parallel colonnades supporting an open roof of girders and cross rafters.
(83) "Principal Building or Structure" means the building or structure with the greatest percentage of lot coverage or occupied by the principal use.
(84) "Public Assembly" means a structure that is meant to be used by the community for the purpose of various groups coming together under a common purpose, which typically include churches, places of worship, etc.
(85) "Public Hearing" means a hearing open to the general public, held after public notice thereof has been given, at which time any person shall be entitled to be heard concerning the subject matter of the hearing.
(86) "Public Lodge" means a location for community groups to socialize and hold meetings, also commonly referred to as social lodges.
(87) "Public Safety Facility" means a facility that is meant to be occupied by municipal safety officers such as police, fire, EMS, etc.
(88) "Recreational Vehicle" means a vehicular-type portable structure without permanent foundation that can be towed, hauled or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.
(89) "Religious Facility" means a church or place of worship or religious assembly with related facilities such as the following in any combination: rectory or convent; private school, meeting hall, offices for administration of the institution, licensed child or adult daycare, playground, cemetery.
(90) "Restaurant" means a place where people pay to sit and eat meals that are cooked and served on the premises, which can sometimes include a drive-thru option.
(91) "Rooming Unit" means one 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.
(92) "Salvage Yard" means a place where disused vehicles or other machinery is broken up and the parts saved and processed for resale, which is also often called a junk yard.
(93) "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 schools, all operating as not-for-profit entities).
(94) "Screening" means a method of visually shielding or obscuring one abutting or nearby building, structure or use from another by fencing, walls, berms, or densely planted vegetation.
(95) "Setback" means the minimum distance by which any building or structure must be separated from a street right-of-way or lot line.
(96) "Single Family" means a dwelling that is suited for one (1) family to occupy.
(97) "Stables" refers to a structure that is generally constructed to house livestock.
(98) "Storage" means a space or place where goods, materials, or personal property is placed and kept for more than twenty-four (24) consecutive hours.
(99) "Storage, Outdoor" means the storage or collection for more than three (3) consecutive days, or any part of a day for three (3) consecutive days of any products, materials, equipment, appliances, vehicles not in service, and/or personal property of any kind in an enclosed, uncovered area.
(100) "Story" means a portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no next floor above, then the space between any floor and the ceiling next above, not including a cellar.
(101) "Street" means a properly dedicated public way which affords the principal means of access to abutting properties.
(102) "Structure" means anything other than a building built or erected, including among other things shelters, arbors, gazebos, stadia, reviewing stands, band stands, display stands, bleachers, booths, parking lots, swimming pools, skating rinks, platforms, decks, towers, bridges, trestles, frameworks, bins, barriers, signs, poles and tanks above or below ground; and shall also mean the supporting framework thereof and appurtenances thereto.
(103) "Structure Height" means the vertical distance measured from the grade level to the highest point of a structure.
(104) "Tower" means a tall structure, usually a steel lattice tower, used to support an overhead power line and often includes an antenna component.
(105) "Townhouse" means a dwelling that is typically clustered into row homes and generally have two (2) or more floors per unit.
(106) "University" means a facility and/or campus that provides for higher education needs and attainment, also generally referred to as a college or college campus.
(107) "Variance" means a deviation from the requirements of this Code granted by the Board in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by this code.
(108) "Veterinary Clinic" means a building whose purpose is to provide medical services and often grooming and boarding services for small companion animals, but can sometimes provide services for livestock.
(109) "Vocational Training" means a technical or trade school that provides the education necessary for community members to enter the workforce with a specific set of skills.
(110) "Wholesale Factory" means a business that buys large quantities of goods and resells them to other businesses.
(111) "Yard" means an open space on the same lot with a main building or structure, extending between a lot line to the nearest front, rear or side wall of such building or structure.
(112) "Yard, Front" means a yard extending the full width of the lot upon which it is located between the street line of such lot and any building located thereon.
(113) "Yard, Rear" means a yard extending the full width of a lot between the main building/structure located thereon and the rear lot line.
(114) "Yard, Side" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.
(Ord. 2017-49. Passed 12-5-17.)