SALES LOT means an open area used for the display, sale or rental of new or used motor vehicles, on which no repair work is performed.
SCHOOL, PUBLIC OR PRIVATE means an institution at the elementary, middle or high school level that provides educational instruction to students. This definition does not include business schools or colleges.
SCREENING means any constructed wall, fence, building or living plant material used for the purpose of visually or functionally separating adjacent land uses as required by this ordinance.
SEAT means the number of seating units installed or indicated, or each 24 lineal inches of benches, pews, or space for loose chairs or similar seating facilities; spacing of rows shall be assumed at 30 inches on center.
SERVICE STATION means a building and land, including pumps, tanks and grease racks, used for the retail sale of gasoline, lubricants, batteries and tires and possibly including the performance of minor services and repairs. A service station may include an attached convenience store that sells packaged food, convenience items, automobile accessories and beverages.
SELF-SERVICE STORAGE FACILITY means a building or group of buildings divided into sections for storage of personal items, either temporarily or long-term, also called "mini-warehouse."
SETBACK means the minimum horizontal distance that any principal or accessory building shall be separated from a street right-of-way or front, side or rear lot line to meet the minimum requirements of this ordinance.
SEXUALLY ORIENTED BUSINESS means an adult arcade, adult bookstore, adult novelty shop, adult video store, adult cabaret, adult bath house, adult motel, adult motion picture theater, adult theater, escort service, massage parlor, sexual encounter center or nude model studio.
ADULT ARCADE means any place to which the public is permitted or invited wherein coin-operated or slug-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 (5) or fewer persons per machine at any one (1) time, and where the images so displayed are distinguished or characterized by the depicting or describing of specified sexual activities or specified anatomical areas.
ADULT BATH HOUSE means a commercial establishment which provides adult patrons with such facilities as spas, saunas, swimming pools, spa rooms, spa services, showers, lockers, themed rooms and other opportunities to engage in sexual activities with other patrons. Admittance is typically, but not always, by membership only.
ADULT BOOKSTORE, NOVELTY STORE AND VIDEO STORE means a commercial establishment which has as a significant or substantial portion of its stock in trade or derives the majority of its revenues from or devotes a significant or substantial portion of its interior business or advertising to the sale or rental, for any form of consideration, of any one (1) or more of the following:
a. Books, magazines, periodicals or other printed matter, or photographs, film, videos, slides or other visual description of specified sexual activities or specified anatomical areas.
b. Instruments, devices or paraphernalia that are designed for use in connection with specified sexual activities or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others.
c. An establishment may have other principal business purposes that do not involve the offering for sale, rental or viewing of materials depicting or describing specified sexual activities or specified anatomical areas, and still be categorized as an adult bookstore, adult novelty store or adult video store. These other business purposes will not serve to exempt such establishments from being categorized as an adult bookstore, adult novelty store or adult video store as long as one (1) of its principal business purposes is offering for sale or rental, for some form of consideration, the specified materials which depict or describe specified anatomical areas or specified sexual activities.
ADULT CABARET means a nightclub, bar, restaurant, bottle club or similar commercial establishment, without regard to whether or not alcoholic beverages are served, which regularly features:
a. Persons who appear nude or nearly nude;
b. Live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities; or
c. Films, motion pictures, slides or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.
ADULT MOTEL means a motel, hotel or similar commercial establishment that:
a. Offers public accommodations, for any form of consideration, and which provides patrons with closed circuit television transmissions, films, videos, slides or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas and which advertises the availability of this sexually oriented type of material by means of a sign visible from the public right-of-way, or by means of any off-premises advertising, including but not limited to newspapers, magazines, pamphlets, leaflets, radio or television;
b. Offers a sleeping room for rent for a period of time less than ten (10) hours; or
c. Allows a tenant or occupant to subrent the sleeping room for a time period of less than ten (10) hours.
ADULT MOTION PICTURE THEATER means a commercial establishment where films, videos, slides or similar photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas are regularly shown for any form of consideration.
ADULT THEATER means a theater, concert hall, auditorium or similar commercial establishment which, for any form of consideration, regularly features persons who appear in a state of nudity or near nudity or regularly features live performances which are characterized by exposure of specified anatomical areas or by specified sexual activities.
EMPLOYEE means, as used in the context of a sexually oriented business, a person who works for or performs in and/or for a sexually oriented business, regardless of whether or not the person is paid a salary, wage, or other compensation by the operator of the business.
ESCORT SERVICE means a person or business that furnishes, offers to furnish, or advertises to furnish escorts as one (1) of its principal business purposes.
ESTABLISHMENT means, as used in the context of a sexually oriented business, any of the following:
a. The opening or commencement of any such business as a new business;
b. The conversion of an existing business, whether or not a sexually oriented business, to any of the sexually oriented businesses defined in this chapter;
c. The addition of any of the sexually oriented businesses to any other existing sexually oriented business; or
d. The relocation of any such sexually oriented business.
LIVE ENTERTAIMENT a person who appears nude, seminude or a performance which is characterized by the exposure of "specified sexual activities."
MASSAGE PARLOR means any place where, for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatment or any other treatment or manipulation of the human body occurs as part of or in connection with specified sexual activities or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas; provided, this provision shall not apply to a medical doctor, osteopathic physician, chiropractor, or similar medical professional licensed by the State of Ohio to perform medical procedures on the human body.
NEARLY NUDE means a state of dress in which clothing covers no more than the genitals, pubic region and areolae of the female breast, as well as portions of the body covered by supporting belts, strips of cloth, straps or like devices, or a state of dress which leaves exposed a substantial portion of the buttocks so that the effect of achieved by such appearance is approximately the same as viewing nudity.
NUDE MODEL STUDIO means any place where a person who appears nude or nearly nude or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or similarly depicted by other persons who pay money or any form of consideration.
NUDE, NUDITY OR STATE OF NUDITY means the appearance of the human bare buttock, anus, male genitals, female genitals or the areola or nipple of the female breast or a state of dress which fails to opaquely and fully cover the human buttocks, anus, male or female genitals, pubic region or areola or nipple of the female breast.
PERMITTED OR LICENSED PREMISES means any premises that requires a license and/or permit and that is classified as a sexually oriented business.
PERMITTEE AND LICENSEE means a person in whose name a permit and/or license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a permit and/or license.
SEXUAL ENCOUNTER CENTER means a business or commercial enterprise that, as one (1) of its primary business purposes, offers, for any form of consideration:
a. Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or
b. Other activities between persons of the opposite sex or persons of the same sex, or both, when one (1) or more of the persons are likely to be touching, fondling or caressing other persons on the genitals, pubic area, buttocks or female breast in a manner that would stimulate sexual arousal.
SPECIFIED ANATOMICAL AREAS means any of the following:
a. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breasts below a point immediately above the top of the areolae; or
b. Human male genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES means any of the following:
a. The fondling or other intentional touching of human genitals, pubic region, buttocks, anus or female breasts, regardless of whether such areas of the body are covered or not;
b. Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;
c. Masturbation, actual or simulated;
d. Human genitals in a state of sexual stimulation, arousal or tumescence; or
e. Excretory functions as part of or in connection with any of the activities set forth in paragraphs a through d of this definition.
SUBSTANTIAL ENLARGEMENT OF A SEXUALLY ORIENTED BUSINESS means the increase in floor areas occupied by the business by more than 25 percent, as the floor areas exist on the effective date of the ordinance from which this division is derived.
TRANSFER OF OWNERSHIP OR CONTROL OF A SEXUALLY ORIENTED BUSINESS means any of the following:
a. The sale, lease, or sublease of the business.
b. The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means.
c. The establishment of a trust, gift or other similar legal device which transfers ownership or control of the business, except for transfer by bequest or other operation of law upon the death of a person possessing the ownership or control.
SHADE TREE means any evergreen or deciduous tree whose mature height can be expected to exceed 35 feet and whose crown spread can be expected to exceed 30 feet according to standards set forth by the American Standard for Nursery Stock, ANSI Z60.1-2014 published by AmericanHort.
SHADOW FLICKER means the on-and-off flickering effect of a shadow caused when the sun passes behind the rotor of a wind turbine.
SHIELDING means a design feature or a device that is applied to a luminaire to prevent its luminous output from being visible from selected locations or horizontal and/or vertical angles.
SHOPPING CENTER means a group of stores planned, designed and functioning as a unit on the site on which it is built and which may have one (1) or more common features, such as off-street parking, landscaped areas and pedestrian malls or plazas provided on the property as an integral part of the center.
SHORT-TERM LENDING ESTABLISHMENT means a business or use that regularly assists consumers in finding a lending establishment, other than the broker itself, in consideration of a fee. This definition pertains only to those businesses capped by state law as to the loan amount. This definition is specific to those businesses that perform payday lending or title loan broking.
SHRUBS means self-supporting woody plants, either deciduous or evergreen, with several stems and a normal mature height of three (3) to 20 feet according to standards set forth by the American Standard for Nursery Stock, ANSI Z60.1-2014 published by AmericanHort.
SIGN means any object, device, display or structure, or part thereof, visible from a public place, a public right-of-way, any parking area or right-of-way open to use by the general public, or any navigable body of water which is designed and used to attract attention to an institution, organization, business, product, service, event or location by any means involving words, letters, figures, designs, symbols, fixtures, logos, colors, illumination or projected images. The term "sign" does not include the display of merchandise for sale on the site of the display.
SIGN, BANNER means a temporary sign constructed of canvas, plastic, fabric or similar lightweight, non-rigid material that can be mounted to a structure with cord, rope, cable or a similar method. Where a banner signs is supported by stakes or another type of supporting structure for posting in the ground, such sign shall be classified as a "Sign, Yard."
SIGN, BUILDING means a sign that is attached to the building including wall signs, projecting signs and canopy signs.
SIGN, CANOPY means a sign attached to the soffit or fascia of a canopy, marquee, awning, covered entrance, covered walkway, arbor, pergola or other similar structure.
SIGN, CHANGEABLE COPY means a sign designed so that the characters, letter or illustrations can be changed or rearranged manually or electronically without altering the sign display surface.
SIGN, DRIVEWAY means a small sign located near driveway access points.
SIGN, GROUND means a sign other than a pole sign, not attached to a building, which is placed upon or supported by the ground independently of any other structure, typically on a ground or pedestal structure.
SIGN, ILLUMINATED means any sign which has characters, letters, figures, designs or outlines illuminated externally or internally by any light source other than non-reflected natural daylight.
SIGN, MANUAL CHANGEABLE COPY means a changeable copy sign designed so that the characters, letter or illustrations can be changed or rearranged manually. May also be known as readerboard.
SIGN, NONCONFORMING means any sign which was erected legally prior to the adoption of this code, or amendment thereto, but which does not comply with subsequently enacted sign restrictions and regulations or a sign which does not conform to the sign code requirements.
SIGN, PERMANENT means a sign permitted by this code to be located on the premises for an unlimited period of time and designed to be permanently attached to a structure or the ground.
SIGN, POLE means any sign, other than a flag, that is supported by a pole, poles, columns or other base or structure, and designed either:
a. To allow pedestrian or vehicular clearance beneath any of the sign's message area, or
b. To allow the sign structure or cabinet containing the sign area to overhang the pole, poles, columns or other base or structure in total by more than 20 percent of the sign message area's breadth.
SIGN, PORTABLE means any sign not attached to the ground in either a temporary or permanent manner. Portable signs shall also include any sign designed to be transported, including signs designed to be transported by means of wheels.
SIGN, PROJECTING means a sign that is affixed perpendicular to a building or wall extending more than 18 inches beyond the face of such building or wall.
SIGN, TEMPORARY means a sign that is neither permanently anchored to the ground, nor permanently affixed to a structure, nor mounted on a chassis and/or is intended for a limited period of display.
SIGN, WALL means a sign attached directly to an exterior wall of a building with the exposed face of the sign in a plane parallel to the building wall. Wall signs shall not include signs that are painted directly onto a wall.
SIGN, WINDOW means a sign attached to, in contact with, placed upon, painted on or otherwise viewable through the window or door of a building that is intended for viewing from the outside of such building. This does not include merchandise located in a window. A structure that would be considered a sign if mounted on the exterior of the building, but which is mounted inside the building and oriented to be visible through the window by a person outside of the window shall be considered a window sign for the purposes of this code. Exhibit B: Chapter 1115 Definitions (Proposed) Page 1115-23 City of North Olmsted Zoning Code 1115
SIGN, YARD means any temporary sign placed on the ground or attached to a supporting structure, posts or poles, that is not attached to any building.
SIGN AREA means the entire display area of a sign copy including the advertising surface located on one or more sign faces, but not including the supporting structure.
SIGN COPY means those letters, numerals, and figures, symbols, logos and graphic elements comprising the content or message of a sign.
SIGN FACE means the surface of the sign upon, against or through which the message of the sign is exhibited. '
SIGN HEIGHT means the vertical distance to top of sign structure.
STACKING LANE means a portion of the parking lot or other vehicular use area of a site that is dedicated to the temporary storage or queuing of vehicles engaged in drive-through use of the site or development.
START OF CONSTRUCTION means the first placement of permanent construction of a structure on a site such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include installation of streets and/or sidewalks.
STATE means the State of Ohio.
STATIC OR INSTANT MESSAGE CHANGE means on electronic message centers, a static or instant message change is when one message changes to another message instantly without scrolling, flashing or other movement of the message.
STORM WATER means the direct runoff response of a watershed to rainfall including the surface and subsurface runoff and any associated material that enters a ditch, stream or storm sewer during a rainfall event.
STORY means that 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 floor above it, then the space between the floor and the ceiling next above it, including a basement with a ceiling more than four (4) feet six (6) inches above the surface of the adjoining ground.
STREET means a dedicated public thoroughfare designed to provide the principal means of access to abutting property or designed to serve as a roadway for vehicular travel, or both, but excluding alleys.
STREET, ARTERIAL means a major street designed to carry high volumes of through-traffic long distances at relatively high speeds.
STREET, COLLECTOR means a street designed to carry traffic from local streets to arterial streets, as well as to serve as a means of access to traffic generators.
STREET, LOCAL means streets that are designed to provide access to primarily residential areas and relatively short distances of travel.
STREET WIDTH means the shortest distance between the lines delineating the rights-of-way of a street.
STRUCTURAL ALTERATIONS means any change to the supporting members of a building, such as foundation, bearing walls, columns, beams, girders, rafters, etc.
STRUCTURE means anything constructed or erected that requires permanent location on the surface of the land the use of which requires a location on the ground or attached to something having a location on the ground, including, but not limited to, tennis courts, swimming pools and buildings.
SUBDIVISION means the division of land which is five (5) acres or less into two (2) or more building lots or building sites. A division of land into parcels of more than five (5) acres for agricultural purposes or a division not involving new streets or easement of access, or a division, sale or exchange of parcels between adjoining lot owners, if such exchange does not create additional building sites, shall not be considered a subdivision.
SUBDIVISION, MINOR means the proposed division of a parcel of land along an existing public street not involving the opening, widening or extension of any road or street, and involving not more than five (5) lots.
SUBDIVISION, MAJOR means a division of a parcel into two (2) or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Also, any division of a parcel into more than five (5) lots.
SUBSTANTIAL IMPROVEMENT means any reconstruction, rehabilitation, addition or improvement, the cost of which equals or exceeds 50% of the assessed value of the structure before the start of construction of the improvement. This term includes structures that have incurred repetitive loss or substantial damage, regardless of the actual repair work performed. Substantial improvement or construction is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences whether or not that alteration affects the external dimensions of the structure. The term does not include any project for improvement of a structure to comply with state or local health, sanitary or safety code specifications which are solely necessary to ensure safe living conditions.
TECHNICALLY SUITABLE means the location of a Wireless Telecommunication Antenna reasonably serves the purpose for which it is intended within the band width of frequencies for which the owner or operator of the Antenna has been licensed by the Federal Communications Commission (FCC) to operate without a significant loss of communication capability within developed areas of the City.
TELECOMMUNICATIONS means the technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or magnetic systems and includes the term "Personal Wireless Services."
TEMPORARY means a specified period of time for which an activity or use is authorized.
TOTAL HEIGHT means the vertical distance from the base of the tower to the tip of a wind generator blade when the tip is at its highest point.
TOWER, MONOPOLE means a wind energy conversion system tower consisting of a single pole, constructed without guyed wires and anchors.
TRACT means an area, parcel, site, piece of land or property that is the subject of a development proposal and application.
TRUCK OR FREIGHT TERMINAL means an area and building where buses, trucks and cargo are stored, where loading and unloading is carried on regularly and where minor maintenance of these types of vehicles is performed.
(Ord. 2020-78. Passed 11-17-20.)