(a) Definitions used in this Zoning Code:
(1) Accessory Building means a building detached from a main building and customarily used with, and clearly incidental and subordinate to, the main building or use, and ordinarily located on the same lot with such main building, or on a lot with an established main use that is adjacent to such lot in the same ownership. Such ownership shall be determined at the time the accessory building is constructed. In the event the accessory building is to be located on a lot a with an established main use that is adjacent to such lot in the same ownership, the approval of the accessory building shall be subject to the conditional use provision in Chapter 1173 of this Code.
(2) Accessory Use means a use of land or of a building or portion thereof customarily used with and clearly incidental and subordinate to, the main use of land or building and ordinarily located on the same lot with such main use, or on a lot with an estimated main use that is adjacent to such lot in the same ownership. In the event the accessory building is to be located on a lot with an established main use that is adjacent to such lot in the same ownership, the approval of the accessory use shall be subject to the conditional use provisions in Chapter 1173 of this Code.
(Ord. 5-2020. Passed 3-11-20.)
(3) Agriculture means farms and general farming, including horticulture, floriculture, dairying, livestock, and poultry raising, equine breeding, stabling and training, farm forestry and other similar enterprises or uses, but no farms shall be operated as piggeries, or for the disposal of garbage, sewage, rubbish or offal, or as rendering plants or for the slaughtering of animals, except such animals as have been raised on the premises or have been maintained on the premises for at least a period of one year immediately prior thereto and for the use and consumption by persons residing on the premises.
(4) Alley means any dedicated public way affording a secondary means of vehicular access to abutting property and not intended for general traffic circulation.
(5) Alteration means any change, addition or modification in construction or the type of occupancy, or any change in the structural members of a building, such as walls or partitions, columns, beams or girders, the consummated act of which may be referred to herein as altered or reconstructed.
(6) Assisted Living Facility means a facility that provides supervision or assistance with activities of daily living, coordination of services by outside health care providers and monitors residents activities to help to ensure their health, safety and well-being.
(7) Automotive Service Station or Vehicular Service Station means a place where gasoline or any other engine fuel (stored only in underground tanks), kerosene, motor oil, lubricants, or grease are retailed directly to the public on premises including the sale of minor accessories and servicing of motor vehicles.
(8) Bank means an establishment providing retail banking, credit and mortgage services. The term also means financial institution, but shall not include a currency exchange, a payday loan agency or a title loan agency.
(9) Basement means that portion of a building that is partly or wholly below grade but so located that the vertical distance from the average grade to the floor is greater than the vertical distance from the average grade to the ceiling. A basement shall not be counted as a story.
(10) Board of Appeals means the Board of Zoning Appeals of the Village of Richfield.
(11) Build means to establish, construct, create, assemble, reconstruct, enlarge and alter.
(12) Building means any structure, either temporary or permanent, having a roof and used or built for the shelter or enclosure of person, animals, chattels or property of any kind. This includes tents, awnings or vehicles situated on private property and used for purposes of a building.
(13) Building Addition means an enlargement of a structure.
(14) Building Height means the vertical distance measured from the established grade to the highest point of the roof surface for flat roofs, to the deck line of mansard roofs and the average height between eaves and ridge for gable, hip and gambrel roofs. Where a building is located on sloping terrain, the height may be measured from the average ground level of the ground at the building wall.
(15) Building Line means a line formed by the face of the building. A minimum building line is the same as the front yard setback.
(16) Building, Main or Principal means a building in which the principle use of the lot on which it is situated is conducted.
(Ord. 25-2011. Passed 9-20-11.)
(16.5) Car wash means a facility for washing one or more personal automobiles, using production line methods with a chain conveyor, blower, steam cleaning device, or other mechanical devices: or providing space, water, equipment, or soap for the complete or partial hand-washing of such automobiles, whether by operator or by customer. Car wash also includes waxing and detailing of personal automobiles.
(Ord. 64-2018. Passed 1-15-19.)
(17) Centralized Sanitary Sewer System means a system where individual lots are connected to a common sewage system that is publicly owned and operated.
(18) Centralized Water System means a system where individual lots are connected to a common water distribution system that is publicly owned and operated.
(19) Clinic means any building or other structure devoted to the medical diagnosis, treatment, and care of human outpatients.
(20) Club means any organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics, or the like, but not operated for profit, whose facilities are available only to a limited number of members and guests.
(21) Collector Road or Secondary Road means a street supplementary to and connecting major streets to local streets. Collector or secondary roads are Hawkins Road, Everett Road, Brush Road and Revere Road.
(22) Commission means the Planning and Zoning Commission of the Village.
(23) Comprehensive Plan means a land use and transportation plan for the entire Village including graphic and written proposals, indicating the general location of streets, parks, schools, public buildings and all physical development of the Municipality, and includes any unit or part of such plan, and any amendment to such plan or parts thereof.
(24) Conditional Use means a use not permitted by right in a zoning district but which may be permitted in certain locations under specific conditions upon consideration of the effect of such use on neighboring properties.
(25) Condominium means a building or group of buildings designed for multifamily occupancy in individual separately owned units.
(26) Council means the Village Council of the Village of Richfield.
(27) Criterion means the principal by which the planning of a subdivision or development area shall be guided.
(28) Day Care Center means a place for the daily care of children and adults.
(29) Developer means a person commencing proceedings under these regulations to effect a subdivision or development of land.
(31) District means a section of the Village for which uniform zoning regulations, as provided herein, govern the use of land, structures and land, the permitted height and area of structures, the area of open spaces and design standards.
(32) Drive-In or Drive-Thru means a business establishment so developed that its retail or service character is dependent on providing a driveway approach for motor vehicles to serve patrons while in the motor vehicle rather than within a building or structure.
(33) Dwelling, Multifamily means a building or portion thereof designed for occupancy by three or more families living independently of each other.
(34) Dwelling, Single-family means a building designed exclusively for occupancy by one family and having no less than 1,000 square feet of floor area.
(35) Dwelling, Two-family means a building designed exclusively for occupancy by two families independent of each other, such as a duplex dwelling unit.
(36) Dwelling Unit means a building or portion thereof designed for occupancy by one family for residential purposes and having cooking facilities.
(37) Engineer means the Engineer of the Village.
(38) Essential Services means the erection, construction, alteration, or maintenance by public utilities or Municipal departments of underground, surface or overhead gas, electric, steam, fuel or water transmission or distribution systems or including towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm and police call boxes, traffic signals, hydrants and similar equipment in connection therewith, but not including buildings which are necessary for the furnishing of adequate service by such utilities of Municipal departments for the general health, safety or welfare.
(39) Excavation means any breaking of ground, except common household gardening and ground care.
(40) Exit/Entrance Ramp means a roadway connecting to a freeway and providing access thereto.
(41) Family means one or more persons related by blood, adoption, or marriage, living and cooking together as a single housekeeping unit, exclusive of household servants. A number of persons, but not exceeding two, living and cooking together as a single housekeeping unit though not related by blood, adoption, or marriage shall also be deemed to constitute a family.
(42) Floor Area means, for the purpose of computing the minimum allowable floor area in a residential dwelling unit, the sum of the horizontal areas of each story of the building measured from the exterior faces of the exterior walls. The floor area measurement is exclusive of areas of basements, unfinished attics, attached garages, breezeways and enclosed and unenclosed porches.
(43) Freeway means a divided arterial highway for through traffic to which access from abutting properties is prohibited and all street crossings are grade separated.
(44) Garage, Private means an accessory building for parking or storage of vehicles in connection with the permitted use of the principal building.
(45) Garage, Public means any garage, other than a private garage, available to the public, operated for gain and used for the parking or storage, equipping of automobiles or other motor vehicles.
(46) Grade means a ground elevation established for the purpose of regulating the number of stories and the height of the building. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
(47) Home Occupation means any use or profession customarily conducted entirely within and/or from a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental to the use of the dwelling.
(48) Hospital means any building or other structure containing beds for overnight patients and devoted to the medical diagnosis, treatment, or other care of human ailments.
(49) House Trailer means any self-propelled and non self-propelled vehicle so designed, constructed, reconstructed, or added to by means of accessories in such manner as will permit the use and occupancy for human habitation, whether resting on wheels, jacks, or other foundation, and used or so constructed as to permit its being used as a conveyance upon the public streets or highways.
(50) House Trailer Park means any site, lot, field or tract of land upon which three or more house trailers used for habitation are parked either free of charge or for revenue purposes, and shall include any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of such house trailer park.
(51) Kennel, Commercial means any lot or premises on which more than three dogs, cats or other household pets are either permanently or temporarily boarded, bred, or sold with all activities conducted inside a wholly enclosed building.
(52) Loading Space 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
(53) Local Street means a street, which primarily provides access to abutting properties.
(54) Lot means a division of land separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for the purposes of sale, lease, or separate use.
(55) Lot Area means the total horizontal area within the lot lines of a lot.
(56) Lot, Corner means a lot at the point of intersection of and abutting on two intersecting streets.
(57) Lot Coverage means that part or percent of the lot occupied by buildings, including accessory buildings.
(58) Lot Depth, means the horizontal distance between the front and rear lot lines, measured along the median between the side lot lines.
(59) Lot, Double Frontage means any interior lot having frontage on two more or less parallel streets as distinguished from a corner lot. In the case of a row of double frontage lots, all sides of such lots adjacent to streets shall be considered frontage, and front yards shall be provided as required.
(60) Lot, Interior means any lot other than a corner lot.
(61) Lot Line means the boundaries of the lot.
(62) Lot of Record means a parcel of land, the dimensions of which are shown on a recorded plat of the Summit County Auditor.
(63) Lot Width means the straight-line distance between the side lot lines, measured at the two points where the minimum building line, or setback, intersects the side lot lines.
(64) Main Building means a building in which is conducted the principal use of the lot upon which it is situated.
(65) Major Road or Thoroughfare means a road which is intended to serve a large volume of traffic for both the immediate area and the region. Major roads include Brecksville, Broadview, Streetsboro and Wheatley.
(66) Marginal Access Road means a service roadway parallel to a freeway, which provides access to abutting properties.
(67) Mezzanine means an intermediate or fractional story between the floor and ceiling of a main story occupying not more than one-third of the floor area of such main story.
(68) Motel, Hotel means a series of attached, semi-detached or detached rental units containing bedroom, bathroom and closet space. Units shall provide for overnight lodging and are offered to the public for compensation, and shall cater primarily to the traveling public.
(69) Nonconforming Building means a building or portion thereof, existing at the effective date of this Zoning Code, or amendments thereto, and does not conform to the use regulations of the district in which it is located.
(70) Nonconforming Lot means a parcel of land nonconforming as to the lot area and/or lot width requirement of the district in which it is located.
(71) Notice means a written announcement delivered to a person at his/her usual address as shown on the Summit County tax records.
(72) Nursery, Plant Material means a space, building or structure, or combination thereof, for the storage of live trees, shrubs or plants offered for sale on the premises, including products used for gardening or landscaping.
(73) Nursery School means a school for the training of children not more than five years of age.
(74) Nursing Home means a long-term healthcare facility that provides full-time care and medical treatment for people who are unable to take care of themselves.
(75) Occupancy Permit means an official statement issued by the Zoning Inspector certifying that a building, structure or parcel of land is in compliance with the provisions of this Zoning Code and may be occupied or used lawfully for the purposes indicated.
(76) Off-street Parking Lot means a facility, other than for single-family and two-family dwellings, providing vehicular parking spaces along with adequate drives and aisles, for maneuvering, so as to provide access for entrance and exit for the parking of more than three vehicles.
(77) Parking Space means an area of definite length and width; such area shall be exclusive of drives, aisles or entrances giving access thereto, and shall be fully accessible for the storage or parking of permitted vehicles.
(Ord. 25-2011. Passed 9-20-11.)
(77.5) Portable Storage Container means a permanent or temporary building/structure designed and used for storage that may be delivered onsite and picked up and removed to a different location. Examples of portable storage containers include shipping containers, PODs, or similar items commercially available for the same purpose. A dumpster is a portable storage container, unless it is used for holding waste, garbage or refuse. (Ord. 48-2023. Passed 9-5-23.)
(78) Public Hearing means a hearing, open to the public after public notice thereof has been given, at which any person shall be entitled to be heard concerning the subject matter of the hearing.
(79) Public Notice means a notice in a newspaper of general circulation in the Village not less than ten days prior to the public hearing.
(80) Public Utility means any person, firm, corporation, municipal department, board or commission duly authorized to furnish to the public under Federal, State or Municipal regulations gas, steam, electricity, sewage disposal, communication, transportation, or water or such other public utilities as may be defined by law.
(81) Regulation means a rule, restriction, requirement or other mandatory provision intended to control, or prohibit, an act.
(82) Recreational Vehicle means a motor home, camping trailer, boat, all-terrain vehicle, trailers, or similar equipment.
(83) Riparian Area means naturally vegetated land adjacent to watercourses that, if appropriately sized, stabilizes stream banks, limits erosion, reduces flood size flows and/or filters and settles out runoff pollutants, or performs other functions consistent with best management practices.
(84) Secretary means the Secretary of the Planning and Zoning Commission and the Secretary of the Board of Zoning Appeals.
(85) Setback means the distance required to comply with the front, side or rear yard open space provisions of this Zoning Code.
(Ord. 25-2011. Passed 9-20-11.)
(86) Shooting range, indoor means a facility operated for the purpose of shooting with firearms or archery equipment, whether publicly or privately owned and whether or not operated for profit. “Shooting range” does not include a facility owned or operated by a municipal corporation, county, township police district, or joint police district.
(Res. 28-2018. Passed 6-26-18.)
(87) Side Street means the street along the side of a corner lot.
(88) Signs shall mean any visual communication display, object, device, graphic structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization, or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction, or advertisement. For the purpose of this Zoning Code, the word "sign" does not include flag, pennant, badge, or insignia of any government of governmental agency.
(89) Stable, Private means a building for horses owned by the occupants of the dwelling to which it is an accessory use.
(90) Standard means a test, measure, model or example of quantity, extent, or quality.
(91) Story means that part of a building, except a mezzanine as defined herein, included between the surface of one floor and the surface of the next floor, or if there is no floor above then the ceiling nest above. A story thus defined shall not be counted as a story when more than fifty percent, by cubic content, is below the height level of the adjoining ground.
(92) Story, Half means an uppermost story lying under a sloping roof, the usable floor area of which, at a height of four feet above the floor, does not exceed two-thirds of the floor area in the story directly below, where the height above at least 200 square feet of floor space is seven feet, six inches.
(93) Street means a public thoroughfare more than twenty feet in width, which has been dedicated to the Village of Richfield for public use.
(94) Structure means anything constructed or erected, the use of which requires location in, or on, the ground or attachment to something having location on the ground.
(95) Temporary Use of Building means a use or building existing during periods of construction of the main use or building, or for special events.
(96) Trailer Coach means any vehicle designed, used, or so constructed as to permit it being used as a conveyance upon the public streets or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling or sleeping place for one or more persons.
(97) Usable Floor Area means, for the purposes of computing parking, that area used, or intended to be used, for the sale of merchandise or services or for use to serve patrons, clients or customers. Such floor area which is used or intended to be used principally for the storage or processing of merchandise, or for utilities, shall be excluded from this computation of usable floor area. Measurement of floor area shall be the sum of gross horizontal areas of the several floors of the building.
(98) Use means the purpose for which land or a building is arranged, designed or intended, or for which the land or building is or may be occupied.
(99) Variance means a modification of the literal provisions of this Zoning Code and may be granted when the strict enforcement of this Zoning Code would cause practical difficulties or unnecessary hardship owning to circumstances unique to the individual property for which the variance is granted.
(100) Vehicle Service Center means an establishment in which the retail sale of accessories and services for automobiles is provided as the primary use, including the customary space and facilities for the installation of such commodities on or in such vehicles, but not including the space for facilities for major storage, repair, painting or refinishing.
(101) Vehicular Repair Station means a place where, along with the sale of engine fuels and accessories the following services may be carried out: general repair, engine rebuilding, rebuilding or reconditioning of motor vehicles, collision service such as body, frame, or fender straightening and repair, and painting and undercoating of automobiles.
(102) Veterinary Clinic means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm, or injured animals, and those animals who are in need of medical or surgical attention, and may include overnight accommodations on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity of providing care for animals.
(103) Village or Municipality means the Village of Richfield.
(104) Yard means the open space on the same lot with a main building, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code and as defined herein:
A. "Front yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the main building.
B. "Rear yard" means an open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the main building.
C. "Side yard" means an open space between a main building and the side lot line, extending from the front yard to the rear yard, the width of which is the horizontal distance from the nearest point of the side lot to the nearest point of the main building.
(105) Zoning Certificate means a written document issued by the Zoning Inspector, or other authorized person acting in that capacity, which indicates that the submitted plans and specifications for land use (except a conditionally permitted use) and/or for a proposed construction reconstruction or relocation of any structure or part thereof, comply with all applicable provisions of the regulations hereof, and which grants to the applicant permission to proceed with the proposed land use and/or to construct, reconstruct or relocate such structure or part thereof in accordance with the plans and specifications as submitted.
(106) Zoning Certificate, Conditional means a written document issued by the Commission for a conditionally permitted use, which indicates that the submitted plans and specifications for land use and/or for a proposed construction, reconstruction, or relocation of any structure or part thereof, comply with all applicable provisions of the regulations hereof, and which grants to the applicant permission to proceed with the proposed land use and/or to construct, reconstruct or relocate such structure or part thereof in accordance with the plans and specifications as submitted and subject to conditions imposed.
(107) Zoning Inspector means the Zoning Inspector of the Village of Richfield.
(108) Zoning Map means the Zoning Districts Map of the Village of Richfield, Summit County, Ohio.
(Ord. 25-2011. Passed 9-20-11.)