(1) "Accessory use or building" is a use or building on the same lot with, and of a nature customarily incidental and subordinate to those of the main use of building.
(Ord. 363. Passed 6-22-81.)
(2) “Adult booth” means any area of a sexually oriented business establishment set off from the remainder of such establishment by one or more walls or other dividers or partitions and used to show, play, or otherwise demonstrate any adult materials or to view any live performance that is distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
(3) “Adult material” means any of the following, whether new or used:
A. Books, magazines, periodicals, or other printed matter, or digitally stored materials that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
B. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual presentations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
C. Instruments, novelties, devices, or paraphernalia that are designed for use in connection with specified sexual activities, or that depict or describe specified anatomical areas.
(Ord. 07-2003. Passed 5-12-03.)
(Ord. 07-2003. Passed 5-12-03.)
(4) "Agriculture" means the use of land for farming, dairying, pasturage, horticulture, floriculture, viticulture, and animal and poultry husbandry and the necessary accessory uses for parking, treating or storing of goods produced on premises; provided, however, that the operation of any such accessory uses shall be secondary to that of normal agriculture activities and provided further that the above uses shall not include the commercial feeding of garbage or offal to swine or other animals.
(5) "Alteration" is any change, addition or modification or type of occupance, 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) "Automotive sales" means the sale and/or rental of new or used motor vehicles only.
(7) "Automotive repair major" means the repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles.
(8) "Automotive repair minor" means the replacement of parts and motor services to passenger cars and trucks not exceeding one and one-half ton capacity, but not including repairs specified under "Automotive Repair Major".
(9) "Aviation-oriented facilities" means any runway, land area, or other facility designed to be used either publicly or privately by any person for the landing and taking off of aircraft, including all necessary taxiways, aircraft storage, and tie-down areas, hangars and other necessary buildings and open space. Also, to include aviation rental facilities.
(10) "Basement" means a space with a floor level two feet or more below grade level, but having less than half its clear height above grade level.
(11) "Building" is any structure, either temporary or permanent, having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals, chattels, or property of any kind.
(12) "Building height" means the vertical distance measured from the average elevation of the finished grade along the front of the building to the highest point of the building structure.
(13) "Building Inspector" means the Building Inspector of the Village of Shawnee Hills, Ohio.
(14) "Building Line" is a line formed by the face of a building, and for the purposes of this Zoning Ordinance, a building line is the same as a front setback line; this line forms a plane which goes above and below ground and defines the limits of a front yard in which no building or structure may be located except as may be provided by this Zoning Ordinance or District Regulation or as established by the Planning Commission.
(15) "Carry-out operation" shall be defined as a retail business established on an individual tract of land or lot, contained in a structure having 8,000 or less square feet of gross floor area and where such use is designed and oriented to primarily serve short-term shoppers in the purchase of, but not wholly to include foods, beverages and other incidental items for consumption and use off the premises. (See also "drive-in or drive-through" business.)
(Ord. 363. Passed 6-22-81.)
(16) “Civic building or use” means a building or location that provides for community meetings and/or activities including, but not limited to, Village Hall, school administration building, recreation center (public or private), property listed on the National Register of Historic Places, Chamber of Commerce building, library, or other public buildings owned or operated by the Village.
(Ord. 07-2003. Passed 5-12-03.)
(17) "Clinic" means an establishment where human patients who are not lodged overnight are admitted for examination and treatment by a group of physicians, dentists or similar professionals.
(18) "Club" is an organization of persons for special purposes or for the promulgation of sports, arts, sciences, literature, politics or the like, but not operated for profit.
(Ord. 363. Passed 6-22-81.)
(19) “Commercial establishment” means any place where admission, services, performances, or products are provided for or upon payment of any form of consideration.
(20) "Conditional Use Permit" means a permit issued by Council upon the recommendations of the Planning Commission to allow certain specific developments that would not otherwise be allowed in that particular Zoning District where the land is located. These permits are issued only after the applicant has followed the procedures as stated in this Zoning Ordinance. Development under a Conditional Use Permit differs from a zoning change in that it is much more specific. The applicant submits plans and if approved he must follow those plans exactly or re-apply for a permit before deviating from that plan.
(21) "Council" means the Council of the Village of Shawnee Hills.
(22) "Density" means a unit of measurement; the number of dwelling units.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed; that is, including that area in publicly dedicated land.
B. "Net density" means the number or dwelling units per acre of land exclusive of that area in publicly dedicated land.
(23) "District" is a portion of the incorporated area of the Village within which certain regulations and requirements or various combinations thereof apply under the provision of this Zoning Ordinance.
(24) "Drive-in or drive-through business" means an operation designed and operated to specifically attract vehicular traffic and is oriented to offer maximum convenience to facilitate the arriving and departing of customers from the place of business by vehicle. A "drive-in" business shall include gas stations, carry-outs and fast-food businesses and shall be further defined as the use of an individual tract of land or lot under which the following conditions apply to the operation.
A. The use is contained in a building having 8,000 square feet or less gross floor area.
B. The business includes a limited range of food and beverage items or services for sale, having a high volume of sales and sales transactions are typically completed within five to fifteen minutes.
C. Twenty-five percent (25%) or more of the sales are carry-out orders.
(25) "Dwelling" means any building or that portion of which is designed for or used for residential purposes.
(26) "Dwelling unit" is a building or a portion thereof, designed for occupancy by one family for residential purposes and having cooking facilities.
(27) "Dwelling, one-family" is a building designed exclusively for and occupied exclusively by one household.
(28) "Dwelling, two-family" is a building designed exclusively for occupancy by two households living independently of each other.
(29) "Dwelling, multi-family" means a building consisting of three or more dwelling units including condominiums with varying arrangements of entrances and party walls.
(30) "Dwelling, rooming house (boarding house, lodging house, dormitory)" means a dwelling or part thereof, other than a hotel, motel or restaurant where meals and/or lodging are provided for compensation for five or more unrelated persons where no cooking or dining facilities are provided in the individual rooms.
(31) "Easement" means authorization by a property owner for use by another and for a specified purpose, of any designated part of his property.
(32) "Essential services" means the erection, construction, alteration, or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam, or water transmission or distribution systems, collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies or for the public health or safety or general welfare, but not to include buildings.
(33) "Entertainment facilities (commercial)" means any activity conducted for economic gain which is generally related to the entertainment field, to include theater for the showing of motion pictures and theatrical productions.
(34) "Excavation" is the breaking of ground, except common household gardening and ground care.
(35) "Farm implement sales" means an operation where the principal activity is the sale or rental of farm implements.
(36) "Fence" means any enclosing structure other than part of a building of sufficient strength and dimensions to prevent straying from within or intrusion from without.
(37) "Filling" is the depositing or dumping of any matter on to, or into the ground, except common household gardening and ground care.
(38) "Floor area ratio" means the relationship between the total amount of permitted floor space in a structure, and the area of the lot on which it is situated expressed in number form. The building may be designed in a number of ways and still preserve this ratio and also meet lot coverage and height requirements.
(39) "Floor area" means the sum of the horizontal areas of the several floors of the building measured from the interior faces of the exterior walls.
(40) "Home furnishing" means the sale of goods for equipping the home.
(41) "Home occupation" means an occupation conducted in a dwelling unit, subject to the provisions of Chapter 1121.
(42) "Hospital or sanitarium" means a public or semi-public facility that provides accommodations and services for the sick and injured including obstetrical, medical and surgical care.
(43) "Garages, private" means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers and/or boats of the occupants of the premises and wherein;
A. No more than one space is rented for parking to persons not residing on the premises;
B. No more than one commercial vehicle per dwelling unit is parked or stored;
C. The commercial vehicle permitted does not exceed two ton capacity.
(44) "Garages, public" means a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
(45) "Gasoline service stations" means a building, structure or land used for dispersing, sale or offering for sale any automobile fuels, oils or accessories, including lubrication of automobiles and replacement or installation of minor parts and accessories.
(46) "Junk buildings, junk shops, junk yards" means any land, property, structure, building, or combination of the same, on which junk is stored or processed, and which shall be prohibited within the Village limits.
(47) "Hotel, motel and apartment" means a building in which lodging or boarding is provided and offered to the public for compensation. As such it is open to the public as opposed to a boarding house, rooming house, lodging house, or dormitory which is herein separately defined.
(48) "Household" means one or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, or marriage no such household shall contain over five persons. Further each household shall have separate and independent cooking facilities.
(49) "Institution" means providing social, cultural, educational and health services to member agencies, organizations and individuals or to the general public.
(50) "Kennel" means any lot or premises used for the sale, boarding or breeding of dogs, cats, or other household pets. Kennel shall also mean the keeping on, or in any lot or building three or more dogs, cats or other household pets which are over the age of six months.
(51) "Landscaping" means to modify or ornament a natural landscape by altering the plant cover.
(52) "Loading space" means a space located in the rear yard, except in unusual circumstances, used for bulk pick-ups and deliveries scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.
(53) "Lot measurement"
A. "Lot depth" means the mean horizontal distance of a lot measured between the front and rear lot lines.
B. "Lot width" means the width of a lot at the building setback line measured at right angles to its depth.
(54) "Lot, minimum area of" shall be the area of a lot computed exclusive of any portion of the right of way of any public thoroughfare.
(55) "Lot occupancy" means that in all Zoning Districts, no more than one building may be constructed on each recorded lot or parcel unless all buildings conform to all applicable regulations and use provisions of this Zoning Ordinance.
(56) "Lot of record" means any lot width, individually or as a part of a subdivision, which has been recorded in the Office of the Recorder of Deeds of the County.
(57) "Rear lot line" means that lot line which is opposite and furthest removed from the front lot line. In such a lot where the side lot lines meet to the rear of the lot, or where the rear lot line is less than ten feet, the minimum rear yard shall be computed from the point of intersection of the side lot lines on an imaginary line that is at equal angles from each side lot line. In the case of a corner lot, the rear lot line is opposite and furthest removed from the front lot line of least dimension.
(58) "Lot" is a parcel of land occupied, or to be occupied by a main building or a group of such buildings and accessory buildings, or utilized for the principal use and uses accessory thereto, together with such open spaces as are required under the provisions of this Zoning Ordinance. Every lot shall abut and have permanent access to a public street.
(59) "Lot types". Terminology used in this Zoning Ordinance with reference to interior, through, reversed frontage and corner lots is as follows:
A. "Interior Lot" means a lot with only one frontage on a street.
B. "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.
C. "Reversed Frontage Lot" means a lot on which frontage is at right angles to a general pattern in the area. A reversed frontage lot may also be a corner lot.
D. "Corner Lot" means a lot located at the intersection of two or more streets. A lot abutting on a curved street or street shall be considered a corner lot if the side lot lines to the foremost depth of the lot meet an interior angle of less than 135 degrees. Irrespective of building orientation, on a corner lot the setback for the front yard for that use shall apply to all sides of a lot having frontage on publicly dedicated right of way.
(60) "Lot coverage" means a 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) "Front lot line" in the case of an interior lot, is that line separating said lot from the street. In the case of a corner lot or double frontage lot, it is that line separating said lot from either street.
(62) "Side lot line" is any lot line other than the front lot line or rear lot line. A side lot line separating a lot from a street is a side lot line. A side lot line separating a lot from another lot or lots is an interior side lot line.
(63) "Major Thoroughfare Plan" means the portion of the comprehensive plan adopted by the Village Planning Commission indicating the general location recommended for arterial, collector and local thoroughfares within the appropriate jurisdiction.
(64) "Maintenance and storage facilities" means land, buildings, and structures devoted primarily to the maintenance and storage of construction equipment and material.
(65) "Manufacturing, light industrial" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet, and free of objectionable or hazardous elements such as smoke, noise, odor, or dust; operating and storing within enclosed structures and generating little industrial traffic and no nuisances.
(66) "Mobile home" means any 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 thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks, or other temporary foundation and used or so constructed as to permit its being used as a conveyance upon the public street and highways and exceeding a gross weight of 4,500 pounds and an overall length of thirty feet.
(67) "Main, principal or primary building" is a building in which is conducted the principal use of the lot upon which it is situated.
(68) "Main, principal or primary use" is the principal use to which the premises is devoted and the principal purpose for which the premises exists.
(69) "Master plan" is the comprehensive plan approved by the Village Council including graphic and written proposals indicating the general location for 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.
(70) "Non-conforming building" is a building or portion thereof, lawfully existing at the effective date of this Zoning Ordinance, or amendment thereto, and that does not conform to the provisions of the Zoning Ordinance in the District in which it is located.
(Ord. 363. Passed 6-22-81.)
(71) “Nonconforming lot” means a lot which was lawfully created, but which does not conform to the minimum area or dimensional requirements specified for the zoning district in which it is located.
(Ord. 04-2001. Passed 4-9-01.)
(72) "Non-conforming uses" is a use which lawfully occupies a building or land at the effective date of this Zoning Ordinance, or amendments thereto and that does not conform to the use regulations of the District in which it is located.
(Ord. 363. Passed 6-22-81.)
(73) “Nude or state of nudity” means a state of undress that exposes to view:
A. Less than completely and opaquely covered human genitals; pubic region; anus; or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed; or
B. Human male genitals in a discernibly turgid state, even if completely covered, or any device or covering that, when worn, simulates male genitals in a discernibly turgid state. (Ord. 07-2003. Passed 5-12-03.)
(74) "Nursery".
A. "Plant material" is a space including accessory building or structure for the growing or storage of live trees, shrubs or plant materials not offered for retail sale on the premises, including products used for gardening or landscaping.
B. "Retail" is a space including accessory building or structure or combination thereof, for the storage of live trees, shrubs or plants offered for retail sale on the premises, including products used for gardening or landscaping.
(75) "Nursery (day care center)" means a facility which temporarily assumes responsibility for children in their parents absence.
(76) "Nursing home" includes convalescent and extended care facilities and means an establishment which specializes in providing necessary services to those unable to be responsible for themselves.
(77) "Off-street parking" is a facility 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 two vehicles.
(78) "Open space" means that part of a zoning lot, including courts or yards which is open and unobstructed from its lowest level to the sky accessible to all tenants upon the zoning lot.
(79) "Organization and association" means organized on a profit or non-profit basis for the promotion of membership interests.
(80) "Parking spaces" is hereby determined to be a minimum of 150 square feet, said 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.
(81) "Performance bond or surety bond" means an agreement by a subdivider or developer with the Village for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider's agreement.
(Ord. 363. Passed 6-22-81.)
(82) “Person” includes a firm, association, organization, partnership, trust, company or corporation as well as an individual. (Ord. 07-2003. Passed 5-12-03.)
(83) "Personal services" means any enterprise conducted for gain which primarily offers services to the general public such as shoe repair, watch repair, barber shops, beauty parlors and similar activities.
(84) "Planning Commission" refers to the Planning Commission of the Village of Shawnee Hills, Ohio.
(85) "Planned Neighborhood Center" means designed and intended to meet the day-to- day needs of the residents, provides the necessary conveniences, sales, and services; encouraged to be integrated with the residential developments through innovative design.
(86) "Planned Industrial District" means designed and intended to both provide employment opportunities for those living in the Village of Shawnee Hills and to insure a strong economic base for the Village.
(87) "Planned Unit Development" means an area of land which a variety of housing types are accommodated in a pre-planned environment under more flexible standards, such as lot sizes and setbacks, than those restrictions that would normally apply under these regulations. The procedure for approval of such developments contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
(88) "Professional activities" means the use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, engineers and similar professions.
(89) "Public service facility" means the erection, construction, alteration, operation or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by municipal or other government agency, including the furnishing of electrical, gas, rail transport, communication, public water and sewage services.
(90) "Public use" means public parks, schools, administrative and cultural buildings and structures, not including lands or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(91) "Public use (governmental owned)" means public parks, schools and administrative, recreational, cultural and service buildings not to include public land or buildings devoted solely to the storage of equipment and material or the disposal of refuse.
(92) "Public utility" is any person, firm, corporation, municipal department, board or commission duly authorized to furnish and furnishing (under state or municipal regulations) to the pubic gas, steam, electricity, sewage disposal, communication, telephone, telegraph, transportation or water.
(93) "Quasipublic use" means churches, Sunday schools, parochial schools, colleges, hospitals and other facilities of an educational, religious, charitable, philanthropic or non-profit nature.
(94) "Research activities" means research, development and testing related to such fields as chemical, pharmaceutical, medical, electrical, transportation, and engineering. All research, testing, and development shall be carried on within entirely enclosed buildings and no noise, smoke, glare, vibration or odor shall be detected outside of the same building.
(95) "Recreational facilities"
A. "Private" means private and semi-private recreational facilities which are not operated for commercial gain.
B. "Public" means recreation facilities open to the public, established and operated for profit.
C. "Municipal" means recreation facilities operated by the Village with or without charge.
(96) "Recreational vehicle sales" means the sale or rental of vehicles used principally for recreation.
(97) "Repair service" means any business activity which services and repairs, appliances and machines used in the home.
(98) "Restaurant" means an eating and drinking establishment excluding fast food and carry-out operations, and operations selling alcoholic beverages or liquor by the glass.
(99) "Retail stores" means stores primarily engaged in selling merchandise for personal or household consumption and in rendering services incidental to the sale of goods.
(100) "Roadside stand" means a temporary structure designed or used for the display or sale of agricultural and related products.
(101) "Right of way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, lighting and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.
(Ord. 363. Passed 6-22-81.)
(102) “Semi-nude” means a state of undress in which clothing covers no more than the human genitals, anus, areolae of the female breast, as well as portions of the body covered by straps or devices or by other minor accessory apparel such as hats, gloves and socks.
(Ord. 07-2003. Passed 5-12-03.)
(103) "Setback Line" means a line established by the Zoning Ordinance, generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building or structure may be located above ground, except as may be provided in said Zoning Ordinance. For the purposes of the Zoning Ordinance, setback shall be considered exclusive of street right of way or easement.
(Ord. 363. Passed 6-22-81; Ord. 04-2001. Passed 4-9-01.)
(104) "Sewer system, on site" means a septic tank or similar installation on an individual lot which utilizes an aerobic bacteriological process or equally satisfactory process for the elimination of sewage and provides for the proper and safe disposal of the effluent, subject to the approval of health and sanitation officials having jurisdiction or an approved connection to municipal sewer service.
(105) "Sewers, central or group" means an approved sewage system which provides a collection network and disposal system and central sewage treatment facility for a single development, community or region.
(Ord. 363. Passed 6-22-81.)
(106) “Sexually Oriented Business Establishment” means a commercial establishment including adult cabaret, adult store, or adult theater primarily engaged in presenting persons who appear nude/semi-nude, live performances, films or other visual representations, adult booths or sale or display of adult material.
A. Adult cabaret. Any commercial establishment that as a substantial or significant portion of its business features or provides any of the following:
1. Persons who appear nude or semi-nude.
2. Live performances that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas or the conduct or simulation of specified sexual activities.
3. Films, motion pictures, video or audio cassettes, slides, computer displays, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
B. Adult store. Any commercial establishment that:
1. Contains one or more booths;
2. As a substantial or significant portion or its business offers for sale, rental, or viewing of any adult materials; or
3. Has a segment or section devoted to the sale or display of adult materials.
C. Adult theater. Any commercial establishment that as a substantial or significant portion of its business features or provides films, motion pictures, video or audio cassettes, slides, or other visual representations or recordings of any kind that are distinguished or characterized by an emphasis on the exposure, depiction, or description of specified anatomical areas, or the conduct or simulation of specified sexual activities.
D. Specified anatomical areas. Any of the following:
1. Less than completely and opaquely covered human genitals, pubic region, buttocks, anus, or female breast below a point immediately above the top of the areolae, but not including any portion of the cleavage of the female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the areolae is not exposed.
2. Human male genitals in a discernibly turgid state, even if completely and opaquely covered, or any device or covering that, when worn, simulates human male genitals in a discernibly turgid state.
E. Specified sexual activities. Any of the following:
1. Fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breast.
2. Sex acts, actual or simulated, including intercourse, oral copulation, or sodomy.
3. Masturbation, actual or simulated.
4. Human genitals in a state of sexual stimulation, arousal, or tumescence.
5. Excretory functions as part of or in connection with any of the activities set forth in divisions 1. through 4. of this definition.
(Ord. 07-2003. Passed 5-12-03.)
(107) "Swimming pool" means a pool, pond, lake or open tank containing at least 1.5 feet of water at any point and maintained by the owner or manager.
A. "Private" means exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development, or a community, the members and guests of a club, or the patrons of a motel or hotel; an accessory use.
B. "Community" means operated with a charge for admission; a primary use.
(108) "Story" is 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 not floor space above, then the ceiling next above. If the floor level directly above a basement is more than six feet above ground, such basement shall be considered a story.
(109) "Street or thoroughfare" means a way for vehicular traffic, whether designed as a street, highway, thoroughfare, parkway, throughway, road, avenue, boulevard, land, place or however designated.
A. "Expressway (freeway)" means a street devoted entirely to the movement of large volumes of traffic at relatively high speeds. The expressway (freeway) is not intended to service abutting property. Access is completely controlled.
B. "Major Arterial" means a street that accommodates traffic to and from the expressway (freeway) and provides for traffic movements through the community to adjacent cities. A major arterial street may also carry local traffic to the minor arterial or collector system. The major arterial street may provide direct access to abutting property, but is subject to necessary control of entrances, exits and curb uses.
C. "Minor Arterial" means a street that accommodates traffic, usually having origin and destination within the community, carry vehicles to and from the expressway (freeway) or major arterial systems to the collector network. Minor arterials offer direct access to abutting property.
D. "Collector" means a street that serves the internal traffic within a given segment of the community. A collector street provides connection between the arterial and local street systems. A collector street provides direct access to abutting property.
E. "Local" means a street that provides direct access to abutting land and for local traffic movement. This street carries traffic from a residence to the remainder of the system.
F. "Alleys" mean minor streets which are used primarily for vehicular service access to the back or the side of the properties otherwise abutting on a street.
G. "Cul-de-sac" means a local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.
H. "Dead-End Street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
I. "Loop Street" means a type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180 degree system of turns are not more than 1,000 feet from said arterial or collector street, nor normally more than 600 feet from each other.
J. "Marginal Access Street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.
(110) "Structure" is anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground.
(111) "Temporary use of building" is a use or building permitted by the Planning Commission to exist during periods of construction of the main building or use, or for special events.
(112) "Temporary use permit" is the use of a building permitted by the Planning Commission to exist during periods of construction of the principal building or use, or as issued by the Village Mayor or his designee for special events.
(113) "Trailer".
A. "Mobile Home" is any vehicle designed, used or so constructed as to permit its being used as a conveyance upon the public street or highways and duly licensable as such, and constructed in such a manner as will permit occupancy thereof as a dwelling for one or more persons.
B. "Recreational Vehicle" includes travel trailers, campers, camp car, truck campers, boats and boat trailers.
(114) "Use" is the purpose for which land or a building is arranged, designed or intended, or for which land or a building is or may be occupied.
(115) "Yards" means the open spaces extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest point of the main building.
A. "Front yard" is 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 point of the main building.
B. "Rear yard" is 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 point of the main building.
C. "Side yard" is 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 hearest point of the side lot line to the nearest point of the main building.
(116) "Veterinary animal hospital or clinic" means a place used for the care, grooming, diagnosis, and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention, and may include overnight accommodation on the premises for treatment, observation and/or recuperation. It may also include boarding that is incidental to the primary activity.
(117) "Vicinity Map" means a drawing located on the Development Plan which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to nearby developments, landmarks, community facilities or services within the general area in order to better locate and orient the area in question.
(118) "Walkway" means a public way, four feet or more in width, for pedestrian use only, whether along the side of a road or not.
(119) "Variances and conditional uses"
A. "Conditional Use" means a use permitted only after review of an application by the Planning Commission, such review being necessary because the provisions of this Zoning Ordinance covering conditions, precedent or subsequent are not precise enough to all applicants without interpretation, and such review is required by the Zoning Ordinance.
B. "Variance" means a modification of the literal provisions of the Zoning Ordinance granted when strict enforcement of the Zoning Ordinance would cause undue hardship owing to circumstances unique to the individual property on which the variance is granted. The crucial points of a variance are undue hardship and unique circumstances. A variance is not justified unless both elements are present in the case. The "Conditional Use" differs from the "variance" in several respects. A conditional use does not require "undue hardship" in order to be allowable. The conditional uses that are found in this Zoning Ordinance appeal as "special approval" or review by the Planning Commission. These land uses could not be logically allocated to one zone or another, or the effects of such uses could not be definitely foreseen as of a given time.
(120) "Zero lot line" means a condition where regulations for side yards can be modified or waived under the Planned Unit Development District to allow two structures or dwellings to share a common wall that is placed on the side lot line that separates two individual lots in a subdivided plat.
(121) "Zoning Certificate" means an official statement certifying that a proposed building or use complies with all the provisions of this Zoning Ordinance.
(122) "Zoning District" is a portion of the incorporated area of the Village within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance.
(123) "Zoning District Map" means the Zoning District Map or maps of the Village, together with all amendments subsequently adopted by Ordinance.
(124) "Zoning Permit" means a document issued by the Building Inspector authorizing the use of lots, structures, uses of land and structures, and the characteristics of the uses.
(125) "Zoning Ordinance" refers to the Zoning Ordinance of the Village of Shawnee Hills, Ohio.
(Ord. 363. Passed 6-22-81.)