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(a) Rules of Construction. Words in this Zoning Code are normally used in their ordinary English usage. Certain terms are, however, defined in this section, and wherever such terms are used in this Zoning Code they shall have the meanings set forth in this section, except where the context clearly indicates a different meaning.
(b) General Terms.
(1) The word "shall" is to be interpreted as mandatory; "should" is to be interpreted as expressing that the application of such criteria or standard is desired and essential unless commensurate criteria or standards are achieved; and the word "may" is a permissive requirement.
(2) All words used in the singular shall include the plural, and all words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The phrase "used for" includes "arranged for," "designed for," "intended for," "maintained for" and "occupied for."
(4) "Board" means the Board of Zoning Appeals of the City of North Royalton, Ohio.
(5) "City" means the City of North Royalton, Ohio.
(6) "Clerk" means the duly acting and qualified Clerk of Council of the City of North Royalton, Ohio.
(7) "Commission" means the City Planning Commission of the City of North Royalton, Ohio.
(8) "Council" means the legislative body of the City of North Royalton, Ohio.
(9) "Criterion" means a principle by which the planning of a development area shall be guided.
(10) "Developer" means a person commencing proceedings under this Zoning Code to effect the development of land and buildings for himself, for herself or for another.
(11) "Engineer" means the Engineer of the City of North Royalton, Ohio.
(12) "Inspector" means the Building Inspector of North Royalton, Ohio.
(13) "Person" means an individual, firm, association, organization, partnership, company, corporation, trust or any other legal entity, including his or its agents.
(14) "County" means the County of Cuyahoga, Ohio.
(15) "Regulation" means a rule, restriction or other mandatory provision in this Zoning Code intended to control, require or prohibit an act.
(16) "Standard" means a test, measure, model or example of quantity, extent or quality.
(c) Adult Business Uses.
(1) "Adult book store" means an establishment from which minors are excluded and in which a significant portion of its stock in trade is books, magazines, video cassettes, movie films or other photographic or written reproductions which are characterized or distinguished by their emphasis on matters depicting, describing or relating to "specified sexual activities" or "specified anatomical areas."
(2) "Adult mini-motion picture theater" means an enclosed building with a capacity of less than fifty persons used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof.
(3) "Adult motion picture theater" means an enclosed building with a capacity of fifty or more persons used for presenting material distinguished or characterized by an emphasis on material depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" for observation by patrons thereof.
(4) "Specified anatomical areas" means less than completely and opaquely covered human genitals, the pubic region, buttocks, a female breast below a point immediately above the areola, and human male genitals in a discernibly turgid state, even if completely and opaquely covered.
(5) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, the pubic region, buttocks or a female breast.
(d) Areas, Buildings and Land.
(1) "Area of buildings" means the area at the ground level of the main building and all accessory buildings, excluding unenclosed porches, terraces and steps, measured from the outside surface of exterior walls.
(2) "Area of dwelling unit" means the sum of the gross floor areas above the basement level, including those rooms and closets having the minimum ceiling height, light, ventilation and other features as required by the Building Code of the City and as further defined in Section 1270.19 of this Zoning Code.
(3) "Area of lot" means the total usable horizontal area within the lot boundary lines of a zoning lot.
(e) Automotive Uses.
(1) "Accessory parking area" means an open or enclosed private area, other than a street, used for the free parking of passenger automobiles for occupants, their guests or customers, of a main building.
(2) "Private garage" means a building, accessory to a one-family, two-family, townhouse or apartment dwelling, used exclusively for the parking or temporary storage of passenger automobiles.
(3) "Public parking area" means an open or enclosed publicly-owned area used for passenger automobile parking, with or without a fee.
(4) "Repair garage" means a main or accessory building used or designed for repairing motor vehicles. The term also means a service garage if it is accessory to an automobile salesroom.
(5) "Sales lot" means an open area used for the display, sales or rental of new or used motor vehicles, on which no repair (except minor work) is performed.
(6) "Service station" means a building and land, including pumps, tanks and grease racks, used for the retail sales of gasoline, lubricants, batteries, tires and other automobile accessories, and where minor services and repairs are performed.
(7) "Storage garage" means a main or accessory building, other than a private garage, used for the parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
(8) "Truck terminal" means a temporary parking area for motor freight vehicles or trucks of common carriers during loading and unloading and between trips, including necessary warehouse space for storage of transitory freight and office space.
(f) Building and Structures.
(1) "Accessory building" means a subordinate building detached from, but located on, the same lot as the main building, the use of which is incidental and accessory to that of the main building or use.
(2) "Basement" means the space of a building where the floor level is more than four feet below the average finished grade.
(3) "Building" means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open space or lot lines, and used as a shelter or enclosure for persons, animals or property.
(Ord. 03-58. Passed 7-1-03.)
(4) "Building line" means a line established by this Zoning Code, generally parallel with and measured from the front lot line, defining the limits of a front yard, in which no building or structure may be located above ground except as may be provided in this Zoning Code.
(5) "Detached building" means a building surrounded by open space.
(6) "Land coverage" means the percentage of a lot covered by the main and accessory buildings.
(7) "Main building" means the building occupied by the main use or activity on or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.
(8) "Structure" means that which is constructed on or under the ground or attached or connected thereto, including, but not limited to, buildings, barriers, bridges, bulkheads, chimneys, fences, garages, outdoor seating facilities, parking areas, platforms, pools, poles, streets, tanks, tents, towers, sheds, signs, walls and walks, but excluding trailers and other vehicles, whether on wheels or other supports.
(g) Day Care Centers.
(1) “Adult Day Care Center” means a non-residential facility that administers to the needs of seniors. Such centers may provide for the health, nutritional, social, and daily needs of its occupants in a professionally staffed group setting for less than a twenty-four hour period. The care they provide is often a social model (focusing on socialization and prevention services) or a medical model (including skilled assessment, treatment and rehabilitation).
(2) “Child Day Care Center” means a non-residential facility that administers to the needs of infants, toddlers, preschool age children or school age children outside of school hours. Such centers may provide for the educational development, nutritional, social and daily needs of its occupants in a professionally staffed group setting for less than a twenty-four hour period.
(1) “Family” means either one individual, two or more persons related by blood, marriage or adoption, or not more than three persons not related by blood, marriage or adoption, who live together in one dwelling unit and maintain a common household.
(2) “Roomer” means a person, other than a member of a family as defined above, who rents one or more rooms in a dwelling from the resident family. (Ord. 1988-171. Passed 10-17-88.)
(i) Dwellings and Other Living Accommodations.
(1) “Cluster dwelling, attached” means a building, containing attached single-family dwelling units, within a cluster development, which is designed and arranged so that every dwelling unit has two private entrances to the outdoors at ground level and also designed so that no living area of one dwelling unit is located above any other dwelling unit. Attached cluster dwellings are not permitted in R-1A and R-1B Districts.
(Ord. 95-94. Passed 7-18-95.)
(2) “Cluster dwelling, detached” means a detached single-family dwelling unit within a cluster development.
(Ord. 93-16. Passed 2-2-93.)
(3) “Dwelling” means a building designed or occupied exclusively for residential use and permitted accessory uses.
(4) “Dwelling unit” means space within a dwelling comprising a living, dining and sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family, but not including a tent, cabin, trailer or mobile home.
(5) “Hotel” means a building providing overnight accommodations in which access to each rental unit is provided by an entrance and central service core connected to interior halls.
(6) “Mobile home” means a self-propelled or nonself-propelled vehicle designed in a manner to permit use and occupancy thereof for human habitation whether resting on wheels, jacks or another foundation.
(7) “Motel” means a building or buildings providing overnight accommodations principally for automobile travelers in which access to each rental unit is provided directly through an exterior door or by an entrance connected to a common interior hall leading to the exterior.
(8) “Multifamily dwelling” means a building consisting of three or more dwelling units with various arrangements of entrances and party walls.
A. “Apartment” means a multifamily building comprised of three or more dwelling units arranged one above the other and side by side, attached by or separated by fireproof walls, each unit having at least one entrance connected to a common interior hall leading to the exterior.
B. “Plex” means a building comprised of four, or a maximum of five, single dwelling units arranged one above the other and/or side by side, attached by or separated by fireproof walls, each unit having an entrance from the exterior of the building.
C. “Townhouse” means a building comprised of single dwelling units attached by common fireproof walls, each unit having at least two separate exterior entrances.
(9) “Nursing home” means a home licensed by the Ohio Department of Health in accordance with OAC 3701 in which nursing care provided by registered or practical nurses is the primary function of the home.
(10) “One-family dwelling” means a building consisting of a single dwelling unit only, separated from other dwelling units by open spaces.
(11) “Rooming house” means a building operated for compensation by a resident family in which a room or rooms are provided for living and sleeping facilities to one or more persons.
(12) “Two-family dwellings” means a building consisting of two dwelling units which may be either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances.
(13) “Assisted living facility” means a residential care facility licensed by the Ohio Department of Health in accordance with OAC 3701 that provides living accommodations for seventeen or more unrelated individuals, in which accommodation, supervision and personal care services provided to individuals who are dependent on the services of others by reason of age or physical or mental impairment are the primary functions of the facility. Personal care services include laundry and housekeeping with at least one staff person on duty 24 hours each day. Assisted living facilities may also provide a mix of service uses to meet the needs of residents including: common dining room, laundry facilities, lounges, exercise facilities, physical and occupational therapy facilities, and personal services facilities such as a hair salon.
(Ord. 16-127. Passed 9-6-16.)
(1) “Established street grade” means the elevation established by the City at the roadway, centerline or curb in front of the lot.
(2) “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
(3) “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to an excavation or fill.
(k) Height of Buildings.
(1) “Height of building” means the vertical distance measured from the highest point of the coping of a flat roof, or the vertical distance measured from the ridge of a pitched roof, to the average grade across the face of the building containing its principal entrance.
(2) “Story” means that portion of a building, other than a basement as defined herein, included between the surface of any floor and the surface of the floor next above, or if there is no floor above, the space between the floor and the ceiling next above.
(l) Home Occupations and Professional Offices.
(1) “Home occupation” means a gainful occupation enumerated in Section 1270.03 of this Zoning Code conducted by members of a resident family wholly within a dwelling or in a building accessory thereto.
(2) “Home professional office” means a secondary office in a dwelling occupied by a person practicing a profession enumerated in Section 1270.03 of this Zoning Code.
(3) “Residence/professional office” means a building which was originally built as a residence or a newly constructed building which is designed, constructed and maintained with a residential character and used as a home professional office with no resident family.
(m) Loading Spaces. “Loading 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.
(n) Lots, Parcels and Lands.
(1) "Common land" means land within or related to a development or subdivision, not individually owned or dedicated for public use, which is designed and intended for the common use or enjoyment of the residents of the subdivision or development and which may include such complementary structures and improvements as are necessary and appropriate.
(2) "Corner lot" means a lot abutting on two streets at their intersection, if the interior angle of intersection is not more than 135 degrees. (See Illustration A.)
(3) "Front lot line" means the lot line separating an interior lot from the street upon which it abuts, or the shortest lot line of a corner lot which abuts upon a street. Unless the context clearly indicates the contrary, it shall be construed as synonymous with "street line." (See Illustration B.)
(4) "Homes association" means an incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member, and providing that each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property.
(5) "Interior lot" means a lot, other than a corner lot or through lot, with only one frontage on a street. (See Illustration A.)
(6) "Lot" means a division of land separated from other divisions for purposes of sale, lease or separate use, described on a recorded subdivision plat, recorded survey map, or by metes and bounds.
(7) "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines. (See Illustration B.)
(8) "Lot line" means the boundary of a lot separating it from adjoining public, common or private land, including a public street. (See Illustration A.)
(9) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of the Cuyahoga County Recorder.
(10) "Lot width" means the horizontal distance of a lot measured along the building line at a right angle to the mean lot depth line. Width at the front lot line is measured along the street line. (See Illustration B.)
(11) "Private land" means land in a subdivision or development area which shall be adjoining, attached and assigned to a one-family, two-family or townhouse dwelling, to be held as an open space in ownership with the dwelling in the subdivision or development area and which shall be identified on subdivision and development plans submitted to the City.
(12) "Rear lot line" means a lot line parallel or within forty-five degrees of being parallel to the front lot line. If no such line exists, the rear lot line shall be deemed to be a line parallel to the front lot line not less than twenty feet long and lying wholly within the lot at the greatest distance from the front lot line. (See Illustration B.)
(13) "Side lot line" means a lot line which is neither a front nor a rear lot line. (See Illustration B.)
(14) "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. (See Illustration A.)
(15) "Zoning lot" means a parcel of land abutting a dedicated street, occupied or intended to be occupied by a main and/or accessory use or a main or accessory building, as a unit, together with such open spaces as required by this Zoning Code. Unless the context clearly indicates the contrary, the term "lot" is used synonymously with zoning lot in this Zoning Code and it may or may not coincide with a lot of record.
(Ord. 1988-171. Passed 10-17-88; Ord. 15-72. Passed 9-15-15.)