Words and terms used in this Planning and Zoning Code shall be defined in accordance with the provisions set forth in this section.
(a) Words and Terms of Letter "A".
(1) Accessory use: A subordinate use carried on in the principal building or in another structure which is incidental to the principal use or building and which is of a nature and character generally associated with the principal use or structure. It is either in the same ownership as such principal use or is operated and maintained on the same zoning lot substantially for the benefit or convenience of the owners, occupants, employees, customers or visitors of the principal use.
(2) Adult day care center: Any place in which day care or publicly funded day care is provided for thirteen or more adults at one time, or any place that is not the permanent of the licensee or administrator in which day care or publicly funded day care is provided for seven to twelve adults at one time. In counting adults for the purpose of this definition, any adult related to a licensee, administrator or employee and who is on the premises of the center shall be counted.
(3) Adult group home/Class Two Residential Facility: A publicly or privately operated home or facility that provides accommodations, supervision, and personal care services to five to eight unrelated adults who are dependent on the services of others by reason of physical or mental impairment.
(4) Alley: A street whose width shall not exceed twenty-four feet and which is primarily designed to afford a secondary means of access to the side or rear of those abutting commercial or industrial properties whose principal frontage is on another street.
(5) Alteration:
A. A change or replacement in the nonstructural parts of a building to the following limited extent:
1. Movement of interior partitions to improve livability in a nonconforming residential building, provided that no additional dwelling units are added thereby;
2. A minor addition on the exterior of a residential building, such as an open porch;
3. Replacement of or minor changes in the capacity of utility pipes, ducts or conduits;
4. Alteration of interior non-load-bearing partitions in all other types of buildings or other structures.
B. Changes or replacement in structural parts of a building to the following extent:
1. Making windows or doors in exterior walls;
2. Replacement of building facades;
3. Strengthening the load-bearing capacity in not more than ten percent of the total floor area.
(6) Approving authority: The official responsible for administering the applicable program(s).
(7) Automobile service station: Any building or premises whose primary use is the retail sale of motor vehicle fuels, but where oil, grease, batteries, tires and other motor vehicle accessories may also be supplied and dispensed at retail as an accessory use, and where parts and accessories such as fuel pumps, wiring and brakes may be installed or repaired, and where motor vehicles may be washed and/or polished. However, the rental or leasing of all vehicles, including trailers, is excluded. Also excluded are the performance of major mechanical repairs and body work, straightening of body parts, painting, welding, storage of vehicles not in operating condition and other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in automobile service stations.
(b) Words and Terms of Letter "B".
(1) Best Management (BMP): Any practice or combination of practices that is determined to be the most effective, practicable (including technological, economic, and institutional considerations) means of preventing or reducing the amount of pollution generated by nonpoint sources of pollution to a level compatible with water quality goals. BMPs may include structural practices, conservation practices and operation and maintenance procedures.
(2) Block: A tract of land bounded by streets or by a combination of streets and public lands, bodies of water, airport boundaries or railroad rights-of-way (excluding sidings or spurs in the same ownership as the zoning lot) or any other barrier to the continuity of development.
(3) Building: Any structure, permanently affixed to land, having a roof supported by columns, piers or walls and built for the support, shelter and enclosure of persons, animals or property. A building shall not include such structures as billboards, fences, radio towers or structures with interior areas not normally accessible for human use.
(4) Building coverage: The portion of a lot which is directly covered by a building, excluding cornices, eaves, gutters, chimneys, unroofed porches, balconies and terraces, and measured from the outside surface of exterior walls.
(5) Building height: The vertical distance from the average finished ground elevation along the front of the building to the highest point of the roof surface for a flat roof, to the deck line for a mansard roof, and to the mean height level between the eaves and ridge line for a gambrel, gable or hip roof. The maximum height of a building on a sloping site, measured along any portion of the building perimeter, may be twenty percent higher than the height permitted in the districts.
(6) Building line: The lines on the zoning lot that outline or circumscribe the buildable area.
(7) Building, principal: A building or buildings in which is conducted the primary use of the lot on which the building or buildings are situated. (See Figure 1 following the text of this chapter.)
(8) Business sign: See Sign, business.
(c) Words and Terms of Letter "C".
(1) Certified Professional in Erosion and Sediment Control (CPESC): A person that has subscribed to the Code of Ethics and have met the requirements established by the CPESC Council of Certified Professional in Erosion and Sediment Control, Inc. to be a Certified Professional in Erosion and Sediment Control.
(2) Channel: A natural stream that conveys water, or a ditch or channel excavated for the natural flow of water.
(3) Child day care center and center: Any place in which child day care or publicly funded child day care is provided for thirteen or more children at one time or any place that is not the permanent residence of the licensee or administrator in which child day care or publicly funded child day care is provided for seven to twelve children at one time. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises of the center shall be counted. "Child day care center" and "center" do not include a place located in and operated by a hospital, as defined in Ohio R.C. 3727.01, in which the needs of the children are administered to if all the children whose needs are being administered to are monitored under the on-site supervision of a physician licensed under Ohio R.C. Chapter 4731, or a registered nurse licensed under Ohio R.C. Chapter 4723, and the services are provided only for children, who, in the opinion of the child's parent, guardian or custodian, are exhibiting symptoms of a communicable disease or other illness or are injured.
(4) Child day care home or facility: A permanent residence or facility of the provider for one to six children at one time and in which no more than three children may be under two years of age at one time. In counting children for the purposes of this definition, any children under six years of age who are related to the provider and who are on the premises of the child day care home shall be counted.
(5) City: City of South Euclid, Ohio
(6) Clinic: An establishment where patients are admitted for examination and treatment on an outpatient basis by one or more physicians, dentists, other medical personnel, psychologists or social workers and where patients are not usually lodged overnight.
(7) Cluster development: The subdivision of an area into lots smaller than the standard permitted in the zoning district, while maintaining the permitted density. The land remaining from such smaller lots shall be assembled into open space or recreational areas for the use of residents of the development.
(8) Code: The Planning and Zoning Code of the City of South Euclid, being Part Seven of the Codified Ordinances of South Euclid.
(9) Commissioner of Building: The Building Commissioner of the City of South Euclid whose functions and duties under this Code shall be performed and carried out by the Zoning Administrator.
(10) Community Garden: An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption or donation. Community Gardens may be divided into separate plots for cultivation by one or more individuals or may be farmed collectively by members of the group and may include common areas maintained and used by group members.
(11) Concentrated storm water runoff: Surface water runoff which converges and flows primarily through water conveyance features such as swales, gullies, waterways, channels or storm sewers, and which exceeds the maximum specified flow rates of filters or perimeter controls intended to control sheet flow.
(12) Conditional use: A use, specified as such by this Code, which is permitted in a zoning district only when the specifications for such use, established in this Code, have been met and the use and site plan have been approved by Council.
(13) Conservation: The wise use and management of natural resources.
(14) Convalescent home: A home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require a gradual return to health.
(15) Corner lot: A lot abutting on two streets at their intersection where the angle of such intersection is not more than 135 degrees. (See Figure 2 following the text of this chapter.)
(16) Council: City Council of the City of South Euclid.
(17) Cul-de-sac: A planned street with one end intersecting another street and the other end permanently closed and having an area large enough for convenient vehicular turn-around. (See Figure 3 following the text of this chapter.)
(d) Words and Terms of Letter "D".
(1) Damaged or diseased trees: Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; leaning as a result of root failure that puts the tree in imminent danger of falling, or any other condition that puts the tree in imminent danger of being uprooted or falling.
(2) Dead-end street: A temporary street, perpendicular to a through street within a subdivision, extending to a boundary line of such subdivision, which adjoins unsubdivided lands and is intended solely for the future extension of streets and utilities.
(3) Designated watercourse: A watercourse that is contained within, flows through, or borders the City of South Euclid and meets the criteria set forth in these regulations.
(4) Deteriorated structure: A structure which has sustained substantial damage from any origin whereby the cost of restoring the structure to its before damaged condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
(5) Developer: Any person, partnership, corporation or authorized agent thereof who or which constructs or contracts to construct buildings and other improvements on subdivided lands. (For the purposes of this Code, the words "developer" and "subdivider" shall be considered as being synonymous.)
(6) Development area: Any tract, lot, or parcel of land, or combination of tracts, lots or parcels of land, which are in one ownership, or are contiguous and in diverse ownership, where earth disturbing activity is to be performed.
(7) Ditch: An excavation, either dug or natural, for the purpose of drainage or irrigation, and having intermittent flow.
(8) Double house: A detached dwelling arranged, intended or designed to be occupied by two families living side by side with a party wall between them.
(9) Dumping: The grading, pushing, piling, throwing, unloading or placing of soil or other material.
(10) Dwelling: Any building or portion of a building that contains one or more dwelling units used, intended, or designed to be built, used, rented, leased, let or hired out to be occupied, or that is occupied for living purposes.
(11) Dwelling unit: A single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation.
A. One-family dwelling: A dwelling unit (excluding a mobile home), yard area, accessory structures and uses designed for the occupancy of a single household.
B. Two-family dwelling: Dwelling units, yard areas, accessory structures and uses arranged, intended or designed for the occupancy of two separate households. Two-family dwellings can either be a double house or a structure with one of its principal living rooms on the first floor, the other of which has its principal living rooms on the second floor.
C. Multiple-family dwelling: Dwelling units, yard areas, accessory structures and uses designed for the occupancy of three or more households independently of each other, with the number of households not exceeding the number of dwellings.
(e) Words and Terms of Letter "E".
(1) Earth disturbing activity: Any grading, excavating, filling, or other alteration of the earth's surface where natural or man-made ground cover is destroyed.
(2) Easement: The authorization by a property owner for the use of any designated part of his or her property for a specified purpose by any person, partnership or corporation or the general public.
(3) Elderly day care center: Any place in which day care or publicly funded day care is provided for thirteen or more adults, sixty-five years old and over, at one time, or any place that is not the permanent residence of the licensee or administrator in which day care or publicly funded day care is provided for seven to twelve adults, sixty-five years old and over, at one time. In counting adults for the purpose of this definition, any adult related to a licensee, administrator or employee and who is on the premises of the center shall be counted.
(4) Enclosed structure: A building separated on all sides from the adjacent open area, or from other buildings or other structures, by a permanent roof and by exterior walls or party walls pierced only by windows or entrances or exit doors normally provided for the accommodation of persons, goods or vehicles. However, a public garage or a building containing accessory off-street parking spaces, which has less than fifty percent of its outer wall space open, shall be considered a completely enclosed building.
(5) Engineer: One who is registered and authorized to practice as an Engineer in the State of Ohio as defined in Ohio R.C. Chapter 4733.
(6) Erosion: The process by which the land surface is worn away by the action of water, wind, ice or gravity.
(7) Existing: In existence at the time of the passage of this ordinance and these regulations.
(f) Words and Terms of Letter "F".
(1) Family: One or more persons who live as a single housekeeping unit, as distinguished from a group occupying a rooming house, dormitory, sorority or fraternity house, hotel or club.
(2) Federal Emergency Management Agency (FEMA): The agency with overall responsibility for administering the National Flood Insurance Program.
(3) Fenestration: The arrangement of windows, doors, and other openings on the elevations of a building.
(4) Floodplain 100-year: Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a 1% or greater chance of being equaled or exceeded in any given year. For the purposes of this regulation, the 100-year floodplain shall be defined by FEMA or a site-specific Floodplain Delineation in conformance with standard engineering practices and approved by the City of South Euclid.
(5) Floor area, gross: The sum of the gross area of the several floors of a principal building or buildings with a ceiling height of at least seven feet, which are provided with natural light and ventilation as required by the Building Code and are suitable for year-round occupancy. Floor areas shall be measured from the exterior walls or from the centerline of walls separating two buildings, including elevator shafts and stairwells at each floor, interior balconies or mezzanines, and penthouses. However, calculations shall exclude all areas not customarily designed for habitation such as garages, open or unheated breezeways, unheated or unfinished attics and basements, open or unheated balconies, porches or terraces, except when such areas have been improved and designed to comply with all aspects of the building regulations for permanent year-round occupancy.
(6) Floor area, net: For the purpose of calculating off-street parking requirements, net floor area is the total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, men's and women's restrooms, vestibules, hallways, janitor closets, walk-in coolers and freezers, mechanical rooms, interior vehicular parking or loading, and excluding all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(7) Floor area ratio: The total floor area on a zoning lot divided by the total area of that zoning lot.
(8) Front lot line: See Lot line, front.
(9) Front yard: See Yard, front.
(g) Words and Terms of Letter "G".
(1) Garage: A building or part thereof accessory to a main use or building and providing for the storage of motor vehicles and in which no occupation or business for profit is conducted except for approved home occupations.
(2) General plan: A statement of future development policies and guidelines for the City as adopted by the Planning Commission. Such plan may include, among other things, recommendations for general land use development, zoning districts, transportation systems and traffic patterns, community facilities such as water supply and sewage disposal, parks and recreation facilities, and other improvements relating to the planning of the City. Such a plan shall be represented in text and map and may be amended and supplemented by the Planning Commission.
(3) Grade level: The mean elevation of the ground adjoining a building on all sides, except that when the building wall is located less than five feet from a street line, the grade level shall be the road elevation adjacent to the centerline of the wall parallel to, or nearest parallel to, the street line.
(4) Grading: Earth disturbing activity such as excavation, stripping, cutting, filling, stockpiling, or any combination thereof.
(5) Group parking facility: A building or other structure or tract of land used for the storage of motor vehicles, which contains more than one parking space, which has access to the street common to all spaces, and which, if accessory to a residential use, is designed to serve more than one dwelling unit.
(h) Words and Terms of Letter "H".
(1) Health center: A facility or institution, whether public or private, principally engaged in providing services for health maintenance and the treatment of mental or physical conditions.
(2) Hedge: Any of the various live plants serving as a boundary, limit, fence or thicket.
(3) Home-based business: The use of a single-family residential dwelling, appurtenant structure, accessory building, and/or property, or a multiple-family residential dwelling unit to engage in an activity for the pursuit of remuneration; excluding the sale of the property and its improvements, garage sales, and infrequent sale of personal property, solely as a residence.
(4) Home for the aged: A facility or institution that provides both of the following:
A. Accommodations, supervision and personal care services, administration of medication, and supervision of special diets for three or more unrelated individuals who are dependent upon the services of others by reason of age and physical or mental impairment;
B. Personal care services and skilled nursing care for three or more unrelated individuals. The part or unit of the home for the aged that provides personal care services that may administer medication, and that may supervise special diets, is licensed as a rest home. The part or unit that provides other skilled nursing care is licensed as a nursing home.
(5) Home occupation: Any accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby which is clearly incidental and subordinate to the principal use of the premises as a dwelling and is conducted without any significant adverse effect upon the surrounding neighborhood. Activities such as teaching, tutoring, tax consulting and the like shall involve not more than three receivers of such services at any one time, with the exception of a child day care home, which constitutes a residential use and not an accessory use.
(6) Hospital: An institution providing primary health care services and medical or surgical care to persons, primarily in-patients, suffering from illness, disease, injury, deformity and other abnormal physical or mental conditions and including, as an integral part of the institution, related facilities such as laboratories, out-patient facilities, training facilities, medical offices and staff residences.
(i) Words and Terms of Letter "I".
(1) Impervious cover: Any surface that cannot effectively absorb or infiltrate water. This includes roads, streets, parking lots, rooftops, and sidewalks.
(2) Improvement: Any new construction, new installation or repair or improvement of, or extension to, existing streets or utilities which may be required as part the Code, including street pavement of a type currently permitted, with curbs and gutters, sidewalks, crosswalks, street trees, water mains, sanitary and storm sewers and recreational areas and facilities.
(3) Inspection fee: That amount which represents the cost to the City of supervising all required construction which shall be paid by the developer.
(4) Intermittent stream: A natural channel that may have some water in pools but where surface flows are non-existent or interstitial (flowing through sand and gravel in stream beds) for periods of one week or more during typical summer months.
(j) Words and Terms of Letter "J".
(k) Words and Terms of Letter "K".
(l) Words and Terms of Letter "L".
(1) Larger common plan of development or sale: A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.
(2) Landslide: The rapid mass movement of soil and rock material downhill under the influence of gravity in which the movement of the soil mass occurs along an interior surface of sliding.
(3) Loading space, off-street: Space logically and conveniently located for bulk pickups and deliveries, at least twelve feet wide and having a length scaled to the size of the delivery vehicles expected to be used.
(4) Local County SWCD: The Cuyahoga Soil and Water Conservation District.
(5) Local street: See Street, local.
(6) Lot or zoning lot: A parcel of land in single ownership within a single zoning district which may consist of either:
A. A whole lot of record;
B. A portion of a lot of record;
C. A combination of whole and portions of lots of record.
(7) Lot area: An area of land which is determined by the lot lines bounding that area. Any portion of a lot included in a street right-of-way shall not be included in determining lot area.
(8) Lot area per dwelling unit: The portion of the lot area required for each dwelling unit located on the zoning lot.
(9) Lot, corner: See Corner lot.
(10) Lot coverage: The percentage of the lot covered by building areas, including accessory buildings or structures. Those portions of a building not computed in floor area shall not be included in lot coverage.
(11) Lot consolidation: A re-subdivision which involves the merging of existing parcels into fewer parcels through the elimination or modification of shared property lines.
(12) Lot depth: The average distance measured from the front lot line to the rear lot line.
(13) Lot frontage: The portion of a lot extending along a street line.
(14) Lot line: The boundary of a zoning lot. On curved or irregular boundaries, and solely for the purposes of determining the depth of a lot or yard, a lot line shall be determined by connecting the extremities of any curved side, front or rear lot line.
A. Lot line, front: The boundary of a zoning lot along a street. (See Figure 1 following the text of this chapter.)
B. Lot line, rear: Any lot line, except a front lot line, which is parallel to or within forty- five degrees of being parallel to a front lot line and does not intersect any street line bounding the zoning lot. (See Figure 1 following the text of this chapter.)
C. Lot line, side: Any lot line which is not a front or rear lot line. (See Figure 1 following the text of this chapter.)
(15) Lot line adjustment: A re-subdivision which involves the modification of one or more property lines shared by existing contiguous parcels with no creation of additional parcels.
(16) Lot, through: See Through lot.
(m) Words and Terms of Letter "M".
(1) Marginal access street: See Street, marginal access.
(2) Market garden: An area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, to be sold for profit.
(3) Massing and scale: The visual perception, form, and size of a building or structure, as defined by its component parts, including the size of its footprint, and number of stories.
(n) Words and Terms of Letter "N".
(1) National Wetlands Inventory Map: Wetland maps that were created by the Fish and Wildlife Service, United States Department of Interior.
(2) Natural Resources Conservation Service (NRCS): An agency of the United States Department of Agriculture, formerly known as the Soil Conservation Service (SCS).
(3) Noncomplying or noncompliance: Any lawful building or other structure which does not comply with any of the applicable district yard or bulk regulations, either on the effective date of this Code or as a result of any subsequent amendment thereto.
(4) Nonconforming or nonconformity: Any lawful use, whether of a building or other structure or a tract of land, which does not conform to any one or more of the applicable use regulations of the district in which it is located, either on the effective date of this Code or as a result of any subsequent amendment thereto. A use that does not meet performance standards is a nonconforming use.
(5) Noxious weed: Any plant species defined by the Ohio Department of Agriculture as a "noxious weed" and listed as such by the Department. For the purposes of this regulation, the most recent version of this list at the time of application of these regulations shall prevail.
(6) NPDES Permit: A National Pollutant Discharge Elimination System Permit issued by Ohio EPA under the authority of the USEPA, and derived from the Federal Clean Water Act.
(7) Nursing home: A home used for the reception and care of individuals who, by reason of illness or physical or mental impairment, require skilled nursing care, and/or individuals who require personal care services, but not skilled nursing care. A nursing home is licensed to provide personal care services and skilled nursing care.
(o) Words and Terms of Letter "O".
(1) Obstruction: Any building, wall or other structure that extends into a required yard above the ground, which building, wall or other structure may impede or affect the natural light and/or ventilation of the area where it is located.
(2) Ohio EPA: The Ohio Environmental Protection Agency.
(3) Ohio Wetlands Inventory Map: Wetland maps that were created by the Natural Resources Conservation Service, USDA and the Ohio Department of Natural Resources.
(4) Off-premises sign: A sign that directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(5) Off-street parking space: An enclosed or unenclosed surface area, at least twenty feet long and ten feet wide, sufficient in size to store one automobile, plus the access space required to move the automobile from a road or alley to the parking space without the necessity of moving any other automobile.
(6) Ordinary high water mark: The point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation, or other easily recognized characteristic.
(7) Original tract: The configuration of a tract of land that existed on the effective date of these regulations.
(8) Outfall: An area where water flows from a structure such as a conduit, storm sewer, improved channel or drain, and the area immediately beyond the structure which is impacted by the velocity of flow in the structure.
(9) Owner: Any person, partnership, corporation or other legal association in whom or which is vested legal title to the land proposed to be developed.
(p) Words and Terms of Letter "P".
(1) Person: Any individual, corporation, partnership, joint venture, agency, unincorporated association, municipal corporation, township, county, state agency, the federal government, or any combination thereof.
(2) Perennial stream: A natural channel that contains water throughout the year, except possibly during periods of extreme drought.
(3) Planning Commission or Commission: The Planning Commission of the City of South Euclid.
(4) Planning and Zoning Code: Part Seven of the Codified Ordinances of South Euclid.
(5) Plat: A map of the division of a tract of land into two or more parcels prepared for the purpose of recording and subsequent conveyance of property, drawn in ink on Mylar, tracing cloth or other acceptable reproducible material. A subdivision plat may include easements, rights-of-way or other dedicated open space. A subdivision plat contains a title page with general notes, a description of sewer easement restrictions, notarized signatures of owners as to their dedication of streets, easements and other public areas, spaces for signature and date of approval.
(6) Primary thoroughfare: See Thoroughfare, primary.
(7) Professional engineer: A person registered in the State of Ohio as a Professional Engineer, with specific education and experience in water resources engineering, acting in strict conformance with the Code of Ethics of the Ohio Board of Registration for Engineers and Surveyors.
(8) Public facility: Any use, land or building owned, operated or used by any governmental agency.
(9) Public hearing: A meeting announced and advertised in advance and open to the public, with the public given the opportunity to talk and participate.
(q) Words and Terms of Letter "Q".
(1) Qualified forester: Any forester employed by the Ohio Department of Natural Resources, Division of Forestry, or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.
(2) Qualified wetland professional: An individual competent in the areas of botany, hydric soils, and wetland hydrology, and is acceptable to the City of South Euclid Engineer.
(r) Words and Terms of Letter "R".
(1) Rear lot line: See Lot line, rear.
(2) Rear yard: See Yard, rear.
(3) Redevelopment: The demolition or removal of existing structures or land uses and construction of new ones.
(4) Reserve strip: Any land which is not included in the subdivision and which is intended to control access to adjacent property.
(5) Residence: See Dwelling unit. (Residence and residential are considered to be interchangeable for the purposes of this Code.)
(6) Residential infill development: Any new construction or installation of housing on vacant or underutilized lots within established neighborhoods. Infill development involves the physical and administrative processes of preparing these lots for development.
(7) Restaurant: Any establishment whose primary function is to sell food and drink for consumption on the premises completely in an enclosed structure and generally at tables, booths or a counter.
(8) Restaurant, drive-in: Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises either in the car or in the building.
(9) Re-subdivision: Any change in a map of an approved or recorded subdivision or lot of record that affects only the boundaries of contiguous lots.
(10) Retention basin: A storm water management pond that maintains a permanent pool of water. These storm water management ponds include a properly engineered/designed volume dedicated to the temporary storage and slow release of runoff waters.
(11) Right-of-way: The land set aside between property lines for a street, alley, crosswalk or easement.
(12) Riparian area: Naturally vegetated land adjacent to watercourses which, if appropriately sized, helps to limit erosion, reduce flood flows, and/or filter and settle out runoff pollutants, or which performs other functions consistent with the purposes of these regulations.
(13) Riparian setback: Those lands within the City of South Euclid which are alongside streams, and which fall within the area defined by the criteria set forth in these regulations.
(s) Words and Terms of Letter "S".
(1) Secondary thoroughfare: See Thoroughfare, secondary.
(2) Sediment: Solid material, both mineral and organic, that is in suspension, is being transported, or has been moved from its site of origin by wind, water, gravity or ice, and has come to rest on the earth's surface either on dry land or in a body of water.
(3) Sediment control: The limiting of sediment being transported, by controlling erosion or detaining sediment-laden water, and allowing the sediment to settle out.
(4) Sediment pollution: A failure to use management or conservation practices to control wind or water erosion of the soil and to minimize the degradation of water resources by soil sediment in conjunction with land grading, excavating, filling, or other soil disturbing activities on land used or being developed for commercial, industrial, residential, or other purposes.
(5) Senior housing facilities that offer on-site medical services: A facility or institution that provides both of the following:
A. Accommodations, supervision and personal care services, administration of medication, and supervision of special diets for three or more unrelated individuals over the age 65 who are dependent upon the services of others by reason of age and physical or mental impairment;
B. Personal care services and skilled nursing care for three or more unrelated individuals over the age 65. The part or unit of the home for the aged that provides personal care services that may administer medication, and that may supervise special diets, is licensed as a rest home. The part or unit that provides other skilled nursing care is licensed as a nursing home.
(6) Sensitive area: An area or water resource that requires special management because of its susceptibility to sediment pollution, or because of its importance to the wellbeing of the surrounding communities, region, or the stets and includes, but is not limited to, the following:
A. Ponds, wetlands or small lakes with less than five acres of surface area;
B. Small streams with gradients less than ten feet per mile with average annual flows of less than 3.5 feet per second containing sand or gravel bottoms.
C. Drainage areas of a locally designated or an Ohio designated scenic river.
D. Riparian and wetland areas.
(7) Setback: The linear distance from any lot line extending perpendicular from such lot line to the building line.
(8) Settlement house: A boarding house providing community services and sheltered care to persons with special needs.
(9) Sheet flow: Water runoff in a thin uniform layer or rills and which is of small enough quantity to be treated by sediment barriers.
(10) Show window: A window or opening in the exterior wall of any portion of a building used for business purposes, through which merchandise, service or business is displayed or advertised and any part of which is less than six feet from the ground below.
(11) Side lot line: See Lot line, side.
(12) Side yard: See Yard, side.
(13) Sign: (EDITOR'S NOTE: Division (s)(7) was repealed by Ordinance 15-01, passed September 22, 2003.)
(14) Sign, advertising: (EDITOR'S NOTE: Division (s)(8) was repealed by Ordinance 15-01, passed September 22, 2003.)
(15) Sign area: (EDITOR'S NOTE: Division (s)(9) was repealed by Ordinance 15-01, passed September 22, 2003.)
(16) Sign, business: (EDITOR'S NOTE: Division (s)(10) was repealed by Ordinance 15-01, passed September 22, 2003.)
(17) Sign, pole: (EDITOR'S NOTE: Division (s)(11) was repealed by Ordinance 15-01, passed September 22, 2003.)
(18) Site plan: A plan of a lot or subdivision of lots on which is shown topography, location of all buildings, roads, rights-of-way, existing and proposed utilities, parking and circulation system, all essential dimensions, other requirements of this Code and any other information deemed necessary by the Zoning Administrator in unusual or special cases.
(19) Siviculture: The theory and practice of controlling forest establishment, composition and growth.
(20) Slip: A landslide as defined under “Landslides.”
(21) Sloughing: A slip or downward movement of an extended layer of soil resulting from the undermining action of water or the earth disturbing activity of man.
(22) Soil: Unconsolidated erodible earth material consisting of minerals and/or organics.
(23) Soil Conservation Service, USDA: The Federal agency now titled the “Natural Resources Conservation Service,” which is an agency of the United States Department of Agriculture.
(24) Soil disturbing activity: Clearing, grading, excavating, filling, or other alteration of the earth's surface where natural or human made ground cover is destroyed and which may result in, or contribute to, soil erosion and sediment pollution.
(25) Soil erosion and sediment control plan: A written and/or drawn soil erosion and sediment pollution control plan to minimize erosion and prevent off-site sedimentation throughout all earth disturbing activities on a development area.
(26) Soil erosion and sediment control practices: Conservation measures used to control sediment pollution and including structural practices, vegetative practices and management techniques.
(27) Soil survey: The official soil survey produced by the Natural Resources Conservation Service, USDA in cooperation with the Division of Soil and Water Conservation, ODNR and the local Board of County Commissioners.
(28) Standard tree: A tree with a minimum trunk caliper of two and one-half inches, ten to twelve feet high, with foliage normally capable of attaining a twenty-five foot diameter when the tree is twenty years old.
(29) Storm water conveyance system: All storm sewers, channels, streams, ponds, lakes, etc., used for conveying concentrated storm water runoff, or for storing storm water runoff.
(30) Stream: A body of water running or flowing on the earth's surface, or a channel in which such flow occurs. Flow may be seasonally intermittent.
(31) Street: Any road, thoroughfare, easement or accessway, public or private, which is specifically dedicated, reserved or maintained for public travel. (See Figure 3 following the text of this chapter.)
A. Street, local: A public thoroughfare intended primarily to serve as access to abutting properties.
B. Street, major: See Thoroughfare, primary.
C. Street, marginal access: A thoroughfare which is generally parallel to and adjacent to all types of major thoroughfares and which provides access to abutting properties and protection from through traffic.
D. Street, secondary: See Thoroughfare, secondary.
(32) Street line: A lot line separating a street from other land.
(33) Structure: Anything constructed or erected within a fixed location on the ground, or attached to something having a fixed location on the ground. Among other things, structures include buildings, mobile homes, walls, billboards, storage tanks, sidewalks and driveways.
(34) Subdivider: A person, partnership, corporation or other legal association who or which seeks to subdivide land as defined in this chapter for himself or herself or another. (For the purposes of this Code, the terms “subdivider” and “developer” shall be considered to be synonymous.)
(35) Subdivision, major (more than five lots): A proposed division of a parcel of land shown as a single unit on the latest tax duplicate, which is greater than five lots when completely divided or does not in other ways conform to the definition of a minor subdivision.
(36) Subdivision, minor (five lots or less): A proposed division of a parcel of land shown as a single unit on the latest tax duplicate, provided that the land for division abuts an existing street, or any of the following:
A. The division of any parcel of land into more than five lots when completely subdivided; or
B. The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the opening, widening or extension of any street; or
C. The division or allocation of land as open spaces for common use by owners, occupants, or leaseholders.
(37) Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would be equal to, or greater than 50% of the market value of the structure before the damage occurred.
(38) Surveyor: A registered surveyor, as defined by the Registration Act of the State of Ohio.
(39) Swimming pool: Any pool, either temporary or permanent, erected either above or below grade, which encompasses more than 150 square feet of water surface area and which has a depth of more than thirty inches from the top of the pool structure, but not including lakes or ponds which may be created for agricultural, recreational or ornamental purposes by grading or damming of natural watercourses.
(t) Words and Terms of Letter "T".
(1) Thoroughfare: See Street.
(2) Thoroughfare, primary: A street designed primarily for the movement of fast, heavy traffic between centers of traffic generation and where the right of access, light, air and view is controlled by public authority. (See Figure 3 following the text of this chapter.)
(3) Thoroughfare, secondary: A street intended to carry traffic from local streets to primary thoroughfares, including principal streets within a residential development. (See Figure 3 following the text of this chapter.)
(4) Through lot: A lot, not a corner lot, which has two or more lot lines common with street lines. (See Figure 2 following the text of this chapter.)
(5) Townhouse: A one-family dwelling unit attached and erected in a row or group to form a single building on adjoining lots, each being separated from the adjoining unit or units by a masonry party wall or walls extending from the basement floor to the roof.
(6) Type-A family day care home and type-A home: A permanent residence of the administrator in which child day care or publicly funded child day care is provided for seven to twelve children at one time, or a permanent residence of the administrator in which child day care is provided for four to twelve children at one time if four or more children at one time are under two years of age. In counting children for the purposes of this definition, any children under six years of age who are related to a licensee, administrator or employee and who are on the premises of the type-A home shall be counted. "Type-A family day care home" does not include a residence in which the needs of the children are being administered to if all of the children whose needs are being administered to are siblings of the same immediate family and the residence is the home of the siblings.
(u) Words and Terms of Letter "U".
(1) Use: Any purpose for which a building or other structure or tract of land may be designed, arranged, intended, maintained or occupied, or any activity, occupation, business or operation carried on, or intended to be carried on, in a building or other structure or tract of land.
(2) USEPA: The United States Environmental Protection Agency.
(v) Words and Terms of Letter "V".
(1) Variance: A modification of certain terms of this Code where such modification will not be contrary to the public interest and where, owing to irregular, narrow, shallow or steep lots, or other exceptional physical conditions not the result of the actions of the applicant, a literal enforcement of this Code would be impractical and would result in unnecessary hardship.
(w) Words and Terms of Letter "W".
(1) Watercourse: Any natural, perennial, or intermittent channel, stream, river or brook.
(2) Water resources: All streams, lakes, ponds, wetlands, water courses, waterways, drainage systems, and all other bodies or accumulations of surface water, either natural or artificial, which are situated wholly or partly within, or border upon this state, or are within its jurisdiction, except those private waters which do not combine or affect a junction with natural surface waters.
(3) Welfare center: A building or series of buildings whose main function is the provision of economic or social benefits, especially by the government or by a private agency, to needy or disabled people in need of assistance or relief.
(4) Wetland: Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances, do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.
(5) Wetland, Ohio EPA Category 2 wetlands: Those wetlands classified by the Ohio EPA as Category 2 wetlands under OAC 3745-1-54(C)(2), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(6) Wetland, Ohio EPA Category 3 wetlands: Those wetlands classified by the Ohio EPA as Category 3 wetlands under OAC 3745-1-54(C)(3), or current equivalent Ohio EPA classification, in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA at the time of application of this regulation.
(7) Wetland setback: Those lands within the City of South Euclid that fall within the area defined by the criteria set forth in these regulations.
(8) Winter: October 13th to April 1st of each year.
(x) Words and Terms of Letter "X".
(y) Words and Terms of Letter "Y".
(1) Yard: A required open space from the lot line to the building line, other than an interior court, unoccupied and unobstructed by any structure or portion of a structure from ground level to the sky, except for certain obstructions as permitted in this Code.
A. Yard, front: A yard across the full width of a lot, bounded by the front building line, the front lot line and the side lot lines. (See Figure 1 following the text of this chapter.)
B. Yard, rear: A yard extending across the rear of a lot between side building lines. In the case of through and corner lots, there will be no rear yards, but only front and side yards. (See Figure 1 following the text of this chapter.)
C. Yard, side: A yard extending from the rear line of the required front yard to the rear lot line, and bounded also by the side lot line and the side building lines extended to the rear lot line. (See Figure 1 following the text of this chapter.)
(z) Words and Terms of Letter "Z".
(1) Zoning Administrator: The City official charged with administration and enforcement of this Code. Wherever the term "Building Commissioner" or "Commissioner of Building" is used in this Code, the functions and duties referred to shall be performed and carried out by the Zoning Administrator.
(2) Zoning District: A specifically delineated area or district of the City, as defined on the Zoning Map, within which uniform regulations and requirements govern the use, placement, spacing and size of land and buildings.
(3) Zoning Map: The Map established by and made a part of this Code, in accordance with Chapter 712, which Map indicates the boundaries and limits of the zoning districts established in this Code.
(Ord. 70-06. Passed 6-11-07; Ord. 40-07. Passed 6-9-08; Ord. 17-12. Passed 5-11-15; Ord. 14-23. Passed 12-11-23.)
FIGURE 1
FIGURE 2
FIGURE 3
