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As used in this Zoning Code:
(a) Landscaping. “Landscaping” means the treatment of the ground surface with lawn, other horticultural materials, walkways or suitable decorative surfacing approved by the City Landscape Architect and provided that any landscaped areas shall not be used for vehicular parking.
(b) Loading Space. “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.
(c) Lot. “Lot” means a parcel of land abutting a dedicated public street on which a principal building and its accessories may be placed, together with the required open spaces.
(1) Lot, corner. “Corner lot” means a lot of which at least two adjacent sides abut a street, provided that such two sides intersect at an angle of not more than 135 degrees. A lot abutting upon a curved street or streets shall be considered a corner lot if the tangents to the curve at its points of beginning within the lot or at the points of intersection are not more than 135 degrees. In the case of a corner lot with a curved street line, the corner shall be considered to be that point of the street and lot line nearest to the point of intersection of the tangents herein described.
(2) Lot depth. “Lot depth” means the mean horizontal distance of a lot measured between the front and rear lot lines.
(3) Lot, interior. “Interior lot” means a lot other than a corner lot.
(4) Lot, through. “Through lot” means a lot having front and rear lot lines abutting a street.
(5) Lot width. “Lot width” means the horizontal distance of a lot measured along the building line at right angles to the mean lot depth line. Width of front lot line is measured on the street line or from the projections of such lines for corner lots.
(d) Lot of Record. “Lot of record” means a parcel of land delineated and numbered on a plat recorded with the Cuyahoga County Recorder.
(e) Lot Line.
(1) Lot line, front. In the case of a lot abutting upon one street, the front lot line is the line separating such lot from such street. In the case of a corner or through lot, one such line shall be elected to be the front lot line for the purpose of this Zoning Code, provided it is so designated by the building plans filed for approval with the Director of Public Safety and the Planning and Zoning Commission.
(2) Lot line, rear. The rear lot line is that boundary which is opposite and most distant from the front lot line. In the case of a lot pointed at the rear, the rear lot line shall be that assumed line parallel to the front lot line, not less than ten feet long, lying farthest from the front lot line and wholly within the lot.
(3) Lot line, side. A side lot line is any lot boundary line not a front lot line or a rear lot line. A side lot line separating a lot from a street is a side street lot line. A side lot line separating a lot from another lot or lots is an interior lot line.
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(f) Map. "Map" means a drawing showing geographic, topographic or other physical features of the land.
(g) Master Plan. "Master Plan" means the plan and statement of the objectives and recommendations for the general location and extent of desirable future land development, community facilities and street plans for the City, officially accepted and duly adopted.
(Ord. 72-72. Passed 8-31-72.)
(h) Medical Marijuana. Medical marijuana means marijuana that is cultivated, processed, dispensed, tested, possessed or used for a medical purpose.
(1) Cultivator. Cultivator means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to grow, harvest, package, and transport medical marijuana as permitted under Chapter 3796 of the Ohio Revised Code.
(2) Dispensary. Dispensary means an entity licensed pursuant to Sections 3796.04 and 3796.10 of the Ohio Revised Code and any rules promulgated thereunder to sell medical marijuana to qualifying patients and caregivers.
(3) Medical marijuana entity. Medical marijuana entity means a licensed medical marijuana cultivator, processor, dispensary or testing laboratory.
(4) Processor. Processor means an entity that has been issued a certificate of operation by the Ohio Department of Commerce to manufacture medical marijuana products.
(5) Testing laboratory. Testing laboratory means an independent laboratory located in Ohio that has been issued a certificate of operation by the Ohio Department of Commerce to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research or analysis.
(Ord. 11-2017. Passed 2-28-17.)
(i) Mobile Home. "Mobile home" means a dwelling designed for transportation after fabrication on streets or highways on its own wheels, on a flatbed or other trailer, ready for occupancy except for minor operations, connections to utilities and the like.
(j) Motel. "Motel" means a building or buildings of attached, semidetached or detached rental units containing a bedroom and a bathroom providing facilities for overnight lodging primarily for the public traveling by motor vehicle, for compensation.
(k) Municipality. "Municipality" means the City of Richmond Heights, Ohio.
(Ord. 72-72. Passed 8-31-72.)
As used in this Zoning Code:
(a) Nonconforming Building. "Nonconforming building" means a building or portion thereof lawfully existing at the effective date of this Zoning Code (Ordinance 72-72, passed August 31, 1972) or amendments thereto, that does not conform to the provisions of this Zoning Code and/or the use regulations of the district in which it is located.
(b) Nonconforming Lot. "Nonconforming lot" means a lot existing lawfully at the time the Zoning Code or an amendment thereto, became effective but which does not conform to the lot area, width, access or other requirements of the district in which it is located.
(c) Nonconforming Use. "Nonconforming use" means a use of a building or land existing lawfully at the time the Zoning Code, or amendments thereto, became effective but which does not conform to the main or accessory use regulations of the district in which it is located.
(d) Nursing Home. "Nursing home" means an installation other than a hospital, having as its primary function the rendering of nursing care for extended periods of time to persons afflicted with illness, injury or infirmity.
(e) Parking. "Parking" means the standing or placement of motor vehicles currently used to transport people, goods or materials in the conduct of normal daily activities.
(f) Parking Space. "Parking space" means the area required for parking an automobile which shall be a minimum of nine feet six inches wide and twenty feet long, but not including drives and aisles.
(g) Pedestrian Way. "Pedestrian way" means a dedicated public right of way solely for pedestrian circulation.
(h) Planning Commission. "Planning Commission" means the Planning and Zoning Commission of the City of Richmond Heights.
(i) Plat. "Plat" means a map of a lot, parcel or subdivision on which the lines of each element are shown by accurate distances and bearings.
(Ord. 72-72. Passed 8-31-72.)
(j) Public Utility. "Public utility" means any person, firm, corporation, municipal department, board or commission duly authorized by law to furnish, and furnishing to the public, under specific governmental regulation of its operations including, but not limited to, government regulation of the rates charged to consumers, manner of the provision of its services, and siting of its facilities, the following services: electric, gas, steam, telephone, telegraph, transportation, water, or sewage disposal; and which services are necessary and essential to the public health and safety, which entities by necessity must locate certain facilities in the public rights-of-way, and which entities possess the power of eminent domain.
(Ord. 17-97. Passed 4-22-97.)
(Ord. 17-97. Passed 4-22-97.)
(k) Recreational Vehicles and Equipment.
(1) Travel trailer. “Travel trailer” means a vehicular, portable structure, built on a chassis designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified “travel trailer” by the manufacturer.
(2) Pick-up camper. “Pick-up camper” means a structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling for travel, recreational or vacation uses.
(3) Motorized home. “Motorized home” means a portable dwelling designed and constructed as an integral part of a self-propelled vehicle.
(4) Folding tent trailer. “Folding tent trailer” means a canvass folding structure, mounted on wheels and designed for travel and vacation use.
(5) Boats and boat trailer. “Boats and boat trailer” means boats, floats and rafts, plus the normal equipment to transport the same on the highway.
(Ord. 72-72. Passed 8-31-72.)
(Ord. 72-72. Passed 8-31-72.)
(l) Restaurant. "Restaurant" means a place of business where food and beverages are prepared and assembled as meals and sold for consumption on the premises or in another location. The term “restaurant” does not include a grocery store, bakery, or other business in which the primary activity is preparation and sale of separate food items for off-premises consumption.
(Ord. 5-2007. Passed 3-13-07.)
(m) Right of Way. “Right of way” means all of the land included within an area which is dedicated, reserved by deed, or granted by easement for street purposes.
(1) Roadway. “Roadway” means the pavement measured between curbs; that portion of a right of way available for vehicular travel, including parking lanes.
(2) Tree lawn. “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.
(n) Setback. “Setback” means the distance required to obtain the minimum front, side and rear open space provisions of the Zoning Code. Front yard setback shall be measured from the building line to the existing or proposed street right- of-way line, whichever is greater. If the Zone Map imposes a greater setback than the number of feet indicated in Chapter 1173
, the Zone Map distance shall control.
(Ord. 72-72. Passed 8-31-72.)
(Ord. 72-72. Passed 8-31-72.)
(o) Shopping Center. “Shopping center” means a group of commercial establishments, in separate or in common ownership, in which the land is planned, developed and operated as a single unit with a unified design of structures, parking, access drives, landscaped areas, and other common areas and facilities.
(p) Sign. “Sign” means the use of any words, numerals, figures, devices, designs or trademarks by which anything is made known, such as to show an individual, firm, profession, business, product or message and which are visible to the general public.
(q) Site, Building. “Building site” means the parcel or parcels of land which may be or shall be occupied by one or more buildings or structures for the uses permitted within a zoning district.
(r) Site Plan. “Site plan” means a general plan illustrating the proposed use, layout and design for a building site, which shall delineate the following:
(1) The dimensions of all lot and property lines, showing the relationship of the subject property to abutting properties. Such dimensions shall be shown in a scale of not less than 1 inch = 20 feet if the subject property is less than three acres and 1 inch = 100 feet if three acres or more.
(2) The date, north point and scale.
(3) The location of all existing and proposed structures on the subject property and all existing structures within 100 feet of the subject property.
(4) The location of all existing and proposed drives and parking areas.
(5) The location and right-of-way widths of all proposed and existing streets within the building site and all abutting streets and alleys.
(6) The topography of the site designating contours at not less than one foot intervals.
(7) Any area or areas to be preserved as open spaces.
(8) Plans for sanitary sewerage and storm drainage facilities and all other utility installations and connections, including proposed exterior lighting fixtures.
(9) The names and addresses of the architect, planner, designer or engineer responsible for the preparation of the site plan.
(s) Storage, New Vehicle. “New vehicle storage” means the standing or placement of new operable automobiles or trucks not previously used.
(t) Storage, Outside. “Outside storage” means the outdoor standing or placement of useable and potentially useable goods or equipment other than for display and not including waste or scrap materials.
(u) Story. “Story” means that portion of a building between one floor level and the ceiling next above it which meets the requirements of the Building Code for a habitable room, but not including a basement as defined in this chapter.
(v) Street. “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. Streets shall be classified and further defined as follows:
(1) Arterial street (major thoroughfare). “Arterial street” means a public street which is primarily for moving fast or heavy traffic between large or intensively developed districts and which has a right-of-way width of not less than eighty feet.
(2) Collector street (secondary thoroughfare). “Collector street” means a street supplementary to and connecting arterial streets to local streets and which has a right-of-way width of more than sixty feet and less than eighty feet.
(3) Local street. “Local street” means a street primarily for access to abutting residential properties and to serve local needs and which has a right-of-way width of not more than sixty feet.
(w) Street Plan or Thoroughfare Plan. “Street plan” means the plan which shows the general location and extent of existing, planned and proposed streets and other transportation facilities for the City, duly adopted or officially accepted, separately or as a part of the Master Plan.
(x) Structure. “Structure” means anything constructed or erected, the use of which requires location on or under the ground or attachments to something having location on the ground.
(Ord. 70-98. Passed 9-8-98.)
(y) Sweepstakes/Internet Cafe. “Sweepstakes/internet cafe” means any premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises has other business purposes of any nature whatsoever. (Ord. 37-2011. Passed 8-23-11.)
(z) Subdivision. “Subdivision” means the division of any parcel of land shown as a unit or as contiguous units on the last preceding records of the County Auditor, into two or more sites or lots, any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership or building development. Subdivision also includes the improvement of one or more
parcels of land for residential, business or industrial structures or groups of structures, involving the division or allocation of land for the opening, widening or extension and maintenance of public sewers, drainage, water supply or other public facilities and the division or allocation of land as open spaces for common use by owners, occupants or lease holders.
(Ord. 70-98. Passed 9-8-98.)
As used in the Zoning Code:
(a) Tavern or Bar. "Tavern" or "Bar" means a place of business dispensing beer, wine, spirituous liquors, or mixed beverages by the drink for on-site consumption, and in which the sale of food products for on-site consumption is incidental or secondary to dispensing of said drinks.
(Ord. 5-2007. Passed 3-13-07.)
(b) Trailer Court, Trailer Camp. “Trailer court” and “trailer camp” means any plot of ground upon which two or more trailer coaches are parked or where public parking space for two or more trailer coaches is provided with facilities for residential occupancy.
(c) Use. “Use” means any purpose for which buildings, other structures or land may be arranged, designed, intended, maintained or occupied or any activity, occupation, business, profession or operation conducted in a building, other structure, or on land.
(d) Use, Accessory. “Accessory use” means a use subordinate to the principal use and for purposes clearly incidental to those of the principal use.
(e) Use, Principal. “Principal use” means the primary use to which the premises are devoted and the primary purpose for which the premises are used.
(f) Yard. “Yard” means that portion of the open area on a lot extending between the building and the nearest lot line or between certain uses and the nearest lot line as required in the Zoning Code.
(1) Yard, front. “Front yard” means an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the front lot line, unoccupied from the ground upward, except as hereinafter specified.
(2) Yard, rear. “Rear yard” means an open space extending the full width of a lot and of a uniform depth measured horizontally at right angles to the rear lot line, unoccupied from the ground upward, except as hereinafter specified.
(3) Yard, required. “Required yard” means the minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward except for projections on buildings as permitted in the Zoning Code and except for walks, landscaping and other yard or site features.
(4) Yard, side. “Side yard” means an open space extending from the front yard to the rear yard and of a uniform width measured horizontally at right angles to the side lot line and unoccupied from the ground upward, except as hereinafter specified.
(g) Zoning Variance. “Zoning variance” means a modification of the literal provisions of this Zoning Code, granted when strict enforcement of this Code would cause practical difficulty or undue hardship owing to the circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are practical difficulty, undue hardship and unique circumstances applying to the specific property involved. A variance is not justified unless all elements are present in each case.
(h) "Zoning Code" or "this Code" means Ordinance 72-72, passed August 31, 1972, as amended, codified herein as Title Five of Part Eleven - Planning and Zoning Code.
(Ord. 72-72. Passed 8-31-72.)
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