(a) As used in this Zoning Ordinance, certain terms are defined as follows:
(1) "Accessory building or use" means a subordinate building or use customarily incidental to, and located upon the same lot occupied by the main building or use, and intended for the exclusive use of the occupants of the main building or exclusive service to the principal use of the property.
(1.1) “Accessory dwelling unit" or "ADU" means a dwelling unit constructed over a garage, in a basement, or as an attached or detached addition to a single-family dwelling, which cannot be bought, sold, or legally encumbered (e.g., mortgaged, leased, etc.) separately from the main dwelling unit. (Ord. 2024-20. Passed 1-22-24.)
(2) "Adult bookstore" means an establishment which derives twenty-five percent (25%) or more of its gross income from the sale and rental of, or utilizes twenty-five percent (25%) or more of its retail selling area for the display of, or both, books, magazines, other periodicals, films, tapes and cassettes, which materials have as their major or dominant theme matter depicting, describing, or relating to "specified sexual activities" or "specified anatomical areas" as defined hereafter.
(3) "Adult motion picture theater" means an enclosed motion picture theater or motion picture drive-in theater which derives twenty-five percent (25%) or more of its gross income from the showing of, or utilizes twenty-five percent (25%) or more of its total viewing time for the presentation of, or both, materials for observation by its patrons which have as their major or dominant theme matter depicting, describing or relating to "specified sexual activities" or "specified anatomical areas" as defined hereafter.
(4) "Agriculture" means the use of land for agricultural purposes including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture and animal and poultry husbandry and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offals to swine and other animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land.
(5) "Alley" means a public thoroughfare which affords only a secondary means of access to a lot of abutting property.
(Ord. 1994-111. Passed 11-28-94.)
(5.1) “Animal, domestic” means any dog, cat, fish, amphibian, reptile or bird customarily kept by humans for companionship. Domestic animal shall not include any wild, exotic or dangerous animal or livestock.
(5.2) “Animal, wild, exotic, or dangerous” means any animal which is not commonly domesticated, or which is not native to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any other animal which, because of its size, growth propensity, vicious nature, or other characteristics, would constitute an unreasonable danger to human life, health, or property if not kept maintained, or confirmed in a safe and secure manner, including hybrids, and animals which, as a result of their nature or wild condition, cannot be vaccinated effectively for rabies. Those animals, however domesticated, shall include, but are not limited to:
A. Alligators and Crocodiles: Alligators and crocodiles;
B. Bears (Ursidae): All bears, including grizzly bears, brown bears, and black bears;
C. Cat Family (Felidae): All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats;
D. Dog Family (Canidae): All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, dingo, and part dingo;
E. Porcupines: Porcupine (Erethizontidae);
F. Primate (Hominidae): All subhuman primates;
G. Raccoon (Prosynnidae): All raccoons, including eastern raccoons, desert raccoons, and ring-tailed cats;
H. Skunks: Skunks;
I. Fish: Venomous fish and piranha;
J. Snakes or lizards; Venomous snakes or lizards; and
K. Weasels (Mustelidae): All, including weasels, martins, wolverines, ferrets, badgers, otters, ermine, mink, and mongoose, except that the possession of such animals shall not be prohibited when raised commercially for their pelts.
(Ord. 2014-35. Passed 4-28-14.)
(5.3) “Assisted living facility” means a residential care facility as defined in Ohio R.C. 3721.01(A)(7), that provides assisted living services as defined in OAC §173-39-02.16.
(Ord. 2018-108. Passed 9-10-18.)
(6) "Auto sales, new or new and used" means a building and land used by a franchised automobile dealer principally for the sale of new automobiles. The sale of used automobiles may be permitted provided the inventory of used automobiles does not exceed fifty percent (50%) of the overall inventory at any one time. "Automobiles" include passenger vans and trucks not exceeding three-quarter ton capacity or its equivalent in gross weight.
(7) "Automobile wrecking yard" means the use of more than twenty-five square feet of any land, building or structure used for the purpose of wrecking, dismantling or storing, for private and/or commercial purposes, any discarded motor vehicle.
(8) "Awning" means any structure made of cloth or metal with a frame attached to a building and projecting over a sidewalk, when the same is so erected as to permit its being raised to a position flat against the building when not in use.
(9) "Bar" and/or "cocktail lounge" means any premises wherein alcoholic beverages are sold at retail for consumption on the premises and minors are excluded therefrom by law. It shall not mean a premises wherein such beverages are sold in conjunction with the sale of food for consumption on the premises and the sale of such beverages comprises less than twenty-five percent (25%) of the gross receipts.
(10) "Basement" means a story having more than one-half of its height below average grade. A basement shall not be counted as a story for the purpose of height regulations. (Ord. 1985-5. Passed 1-28-85.)
(10.1) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(11) "Bedroom" means a room furnished with a bed and intended primarily for sleeping.
(12) (Repealed. Ord. No. 2024-20, passed 1-22-2024)
(13) "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
(14) "Building height" means the vertical distance from the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge of gable, hip or gambrel roof.
(15) "Building, principal" means the building on a lot used to accommodate the primary use to which the premises are devoted.
(16) "Canopy" means any structure, other than an awning made of cloth or metal with frames attached to a building, projecting over a sidewalk.
(17) "Carport" mean a covered automobile parking space not completely enclosed by walls or doors. A carport shall be subject to all the provisions prescribed in these regulations for a private garage.
(18) "Centralized sewer system" means a system where individual lots are connected to a common sewerage system whether publicly or privately owned and operated.
(19) "Clinic" means any building or other structure devoted to the medical diagnosis, treatment and care of human outpatients.
(Ord. 1994-111. Passed 11-28-94.)
(19.1) "Collocation" means the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
(Ord. 1998-16. Passed 1-26-98.)
(20) "Commission" means the Streetsboro Planning and Zoning Commission.
(21) "Condominium" means and includes the land together with all buildings, improvements and structures thereon, all easements, rights and appurtenances belonging thereto, and all articles of personal property which have been submitted to the provisions of Ohio R.C. Chapter 5311.
(22) "Contour" means the continuous line of the same elevation above mean sea level as determined by the United States Coast and Geodetic Survey.
(23) "Council" means the Council of the City of Streetsboro.
(24) "Court" means an open, unoccupied and unobstructed space other than a yard on the same lot with a building or group of buildings.
(Ord. 1985-5. Passed 1-28-85.)
(25) (EDITOR’S NOTE: Former subsection (a)(25) was repealed by Ordinance 2018-108, passed September 10, 2018.)
(26) "Density" means the number of dwelling units developed on a gross acre of land. (Ord. 1986-20. Passed 3-24-86.)
(27) "Discarded motor vehicle" means any inoperable motor-propelled vehicle or accessory to same, which is in the process of being wrecked, dismantled, or stored and which does not have a license thereon which is valid or was valid not more than thirty days previous.
(28) "District" means a section or sections of the City for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(29) "Drive-thru facilities" means any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle. The term "drive-thru" shall also include "drive-up" and "drive-in".
(30) "Dwelling" means any building or portion thereof which is designed or used primarily for residence purposes, including one-family, two-family and multi-family, but not including hotels, motels, boarding houses, lodging houses and tourist dwellings. An attached garage for purposes of determining the front, side and rear yards shall be considered a part of the dwelling.
(31) "Dwelling, single-family" means a dwelling designed for or used exclusively for residence purposes by one family.
(32) "Dwelling, two-family" means a building designed and used exclusively by two families living independently of each other.
(33) "Dwelling, multi-family" means a dwelling designed for or occupied by three or more families living independently of each other.
(34) "Dwelling, group" means a group of single-family, two-family or multi-family dwellings, or their combination located on one lot and around a common court or courts.
(35) "Dwelling unit" means a single unit providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, physically separated and secured from adjacent dwelling units and having independent ingress and egress under the control of the occupants.
(Ord. 2024-20. Passed 1-22-24.)
(36) "Environmental assessment report" means a project review document to ensure major projects or programs undergo multidisciplinary and comprehensive environmental review prior to construction or implementation. The review shall include environmental, social and economic impacts of the project or program proposals as well as consideration of alternative proposals for accomplishing the project goals.
(37) "Essential services" means the erection, construction, alteration or maintenance by public utilities or Municipal departments, or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories necessary for the furnishing of adequate service by such public utilities or Municipal departments or commissions or for the public health, safety or general welfare.
(38) "Factory-built structure" means any structure that is wholly, or in substantial part, made, fabricated, formed or assembled in manufacturing facilities for installation or assembly and installation on a building site. A factory-built structure designed for long-term residential or commercial use, for the purposes of the Code. Factory-built structures consist of three types: manufactured, mobile and modular.
(39) "Family" means one or more persons related by birth, marriage or legal adoption occupying a dwelling unit and living as a single housekeeping unit, or not more than four unrelated persons occupying a dwelling unit and living as a single housekeeping unit.
(40) "Fence" means a barrier constructed so as to contain or enclose an area as a protective measure.
(41) "Flood plain" means that area defined by FEMA as the 100 year pool elevation as designated on the Zoning Map.
(42) "Floor area" means the sum of the gross horizontal areas of the several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings. Floor area for the purposes of these regulations, shall not include basement, garage elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
(43) "Frontage" means all the property on one side of a street adjacent to and contiguous with the line of a public right-of-way.
(44) "Garage, private" means an accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
(45) "Garage, auto service shop" means a building or portion of a building, in which repairs are made to motor vehicles, and in which there is no painting of cars or body and fender work done.
(46) "Garage, public" means a building, or portion of a building, in which more than four motor vehicles are, or are intended to be housed under arrangements made with patrons for renting or leasing such space and accommodations, and in which no repair work is carried on.
(47) "Gasoline service station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and may include facilities available for the sale of other retail products.
(48) "Grade, finished" means for buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street (or the elevation of the center line of the street where no sidewalk exists), for buildings having walls facing more than one side street, the average elevation of the sidewalk at the centers of all walls facing the street, for buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior walls of the building. (Any wall approximately parallel to a street line is to be considered as facing the street.)
(49) "Grade, natural" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(50) "Gross acre" means land area, measured on the horizontal plane, and including land occupied by all natural and manmade features of the landscape.
(51) (Repealed. Ord No 2024-20, passed 1-22-2024).
(52) "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of the dwelling purposes and does not change the character thereof. No home occupation shall involve on-site transient accommodations.
(Ord. 2024-20. Passed 1-22-24.)
(52.1) “Impounded Motor Vehicles” means any motor powered vehicle whether operable or inoperable and whether licensed or unlicensed, taken into custody and possession by a governmental agency or its legal agent pursuant to authority provided by statute, governmental regulations, or court order for the purpose of storage pending a final determination as to the disposition of said vehicle.
(52.2) “Impounded Motor Vehicle Yard” means any land, building or structure to be used in part or whole for the purpose of storing impounded motor vehicles. Said yard shall be permitted in the City of Streetsboro only as a conditionally permitted use in the Industrial District pursuant to and in accordance with Section 1139.02(b)(14) of this Zoning Code. Said yard may not be an accessory use to any permitted use or any conditionally permitted use in any Zoning District.
(Ord. 1996-19. Passed 1-22-96.)
(52.3) “Independent senior living facility” means an age-restricted congregate residential housing facility which combines private living quarters with on- site provision of at least three of the following services included on a non- waiverable basis: daily communal dining, housekeeping, laundry, transportation to appointments and errands, emergency medical response capability, on-call management personnel, personal care services (as defined in Ohio R.C. 3721.01(A)(5)(a)), or personal service providers such as barbershop or salon. A facility that offers living quarters with more than one bedroom or offers living quarters for purchase shall not be considered an independent senior living facility.
(Ord. 2018-108. Passed 9-10-18.)
(53) "Hospital" means any building or other structure containing beds for at least four patients and devoted to the medical diagnosis, treatment or other care of human ailments. (Ord. 2018-108. Passed 9-10-18.)
(54) "Hotel, Transient" means a building or group of buildings operated as a single entity, with collectively more than five sleeping rooms, operating as a place of transient accommodation, subject to licensure and compliance with Ohio Revised Code sections 3731.09-20, in which all sleeping rooms are accessed from a secure interior hallway, corridor or common enclosed area under the exclusive control of hotel management. "Transient Hotel" does not include extended stay hotel, residential hotel, motel, motor lodge, bed and breakfast, peer-to-peer vacation rental, SRO facility, any place where some or all of the rooms qualify as residential dwelling units under this Code, or any place where rooms are used for non-transient residence. (Ord. 2024-20. Passed 1-22-24.)
(54.1) “Individual Lot” means a lot, in separate ownership and applied for under separate application from that of Integrated Development Site, but which may be included as part of the overall Integrated Development Site and made a part of the associated integrated development plan in a C-R District only.
(54.2) “Individual Lot Applicant” means a person, persons, entity or authorized agent thereof, commencing proceedings under this Zoning Ordinance to accommodate development of a portion of the Integrated Development Site in a C-R District only.
(Ord. 2014- 22. Passed 5-24-14.)
(55) "Institution" means a governmental facility, a non-profit school or educational facility, or a place of worship.
(Ord. 2023-33. Passed 2-13-23.)
(55.1) “Integrated Development Site” means a lot or lots, in single or separate ownership, comprising the overall integrated development site of the entire project area/site in a C-R District only, for which an integrated development plan has been prepared and approved.
(55.2) “Integrated Development Site Applicant” means a person, entity, or authorized agent thereof, commencing proceedings under this Zoning Ordinance to accommodate development of the entirety of an integrated development site of the entire project area/site in a C-R District only.
(Ord. 2014-22. Passed 3-24-14.)
(56) "Junk motor vehicles" means any vehicles that are extensively damaged and left uncovered in the open on private property for more than seventy-two hours. Damage includes but is not limited to missing wheels, tires, motor or transmission. Any vehicle, regardless of its condition, shall not be considered a "junk motor vehicle" if such a vehicle is part of the inventory of a junk yard or to be used in a scrap metal processing facility under Ohio Revised Code Section 4737.12, or the person having the right to the possession of the junk motor vehicle can establish the vehicle is part of a bona fide commercial operation, or the motor vehicle is a collector's item.
(57) "Junk yard" means the use of more than twenty-five square feet of any land, building or structure, whether for private and/or commercial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, paper, rags, rubber, cordage, barrels, etc., are sold, stored, bought, exchanged, baled, packed, sorted, disassembled, dismantled or handled.
(Ord. 1994-111. Passed 11-28-94.)
(57.1) “Lattice tower” means a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
(Ord. 1998-16. Passed 1-26-98.)
(57.2) “Livestock” means the following:
A. All cattle or animals of the bovine species;
B. All horses, mules, burros, and asses or animals of the equine species;
C. All goats or animals of the caprine species;
D. All swine or animals of the porcine species; and
E. All sheep or animals of the ovine species.
(Ord. 2014-35. Passed 4-23-14.)
(58) "Loading space" means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(59) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(60) "Lot" means a piece, parcel or plat of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces and access to or frontage on a public street, as required by these regulations.
(61) "Lot area" means the computed area contained within the lot lines. Where the lot has been conveyed to the center of the street the area of the lot lying within the established street right-of-way shall not be included as part of the lot area for the purpose of these regulations.
(62) "Lot, corner" means a lot at the junction of and abutting upon two intersecting streets.
(63) "Lot coverage" means the portion of the lot area that is covered by any buildings.
(64) "Lot, depth" means the mean horizontal distance between the right-of-way line of the street and the rear lot line.
(65) "Lot, double frontage" means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
(Ord. 1994-111. Passed 11-28-94.)
(65.1) "Lot, fallow" means a lot which is not being used for any authorized principal use or any legal non-conforming use. The presence of an accessory building, structure or use related to a potential principal use does not render the lot non-fallow. (Ord. 2023-33. Passed 2-13-23.)
(66) "Lot, interior" means a lot other than a corner lot.
(67) "Lot lines" means the property lines defining the limits of a lot.
(68) "Lot line, front" means the line separating a lot from the street on which the lot fronts.
(69) "Lot line, rear" means the lot line opposite the most distant from the front lot line.
(70) "Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(71) "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Portage County or a parcel of land, the deed to which was of record on or prior to the effective date of these regulations.
(72) "Lot, width of” means the width measured along the minimum building setback line.
(73) "Lumberyard" means a premises where a stock of lumber is kept for sale.
(74) "Major thoroughfare" means 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.
(75) "Manufactured home" means any nonself-propelled vehicle transportable in one or more sections, which in the traveling mode, is eight body feet or more in width or forty body feet or more in length or when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling with a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air-conditioning and electrical systems contained therein. Calculations on the structure's exterior dimensions measured at the largest horizontal projections when erected on site. These dimensions include all expandable rooms, cabinets and other projections containing interior space, but do not include bay windows.
(76) "Manufactured home park" means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.
(77) "Manufactured home development" means a general category of development that includes manufactured home subdivisions and manufactured home parks.
(78) "Manufactured home subdivision" means a subdivision designed and/or intended for sale of lots for siting manufactured homes.
(Ord. 1994-111. Passed 11-28-94.)
(78.1) "Marijuana dispensary" means an establishment licensed as a medical marijuana dispensary under Chapter 3796 of the Ohio Revised Code or as an adult use dispensary under Chapter 3780 of the Ohio Revised Code. A single facility licensed and operating under both chapters will be deemed a single marijuana dispensary.
(Ord. 2024-92. Passed 6-10-24.)
(79) "Marquee" means any hood or awning of permanent construction, projecting from the wall of a building above an entrance and extending over a street or sidewalk or part thereof.
(80) "Massage establishment" means any establishment having a fixed place of business where any person, firm, association or corporation engages in or carries on or permits to be engaged in or carried on, "massage", including any method of pressure on or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating or stimulating of the external soft parts of the body with the hands or with the aid of any mechanical or electrical apparatus or appliance with or without such supplementary aids as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(81) "Minerals" means sand, gravel, clay, peat, peatmoss, topsoil, shale, gypsum, halite, limestone, dolomite, sandstone, other stone, metalliferous or nonmetalliferous ore, or other material or substance of commercial value excavated in a solid state from natural deposits on or in the earth, but does not include coal.
(82) "Minimum building lines" means lines parallel to the street right-of-way line or lot lines, and at a distance therefrom equal to the required depth of the front, side or rear yards. For front yards where the right-of-way line is a major thoroughfare or collector street is designated on the current Streetsboro Development Policy Plan, the building line shall be measured from the proposed right-of-way line.
(83) "Mobile home" means a transportable, factory-built home, designed to be used as a year-round residential dwelling and built prior to enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974, which became effective June 15, 1976. Construction is in one or more units, occupied on land having a minimum area of 4400 square feet and containing living facilities by one family, including permanent provisions for eating, sleeping, cooking and sanitation.
(84) "Modular home" means factory-built housing certified as meeting the Ohio State Building Code as applicable to modular housing. Once certified by the State, modular homes shall be subject to the same standards a site-built homes. (Ord. 1994-111. Passed 11-28-94.)
(84.1) “Monopole” means a support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation.
(Ord. 1998-16. Passed 1-26-98.)
(85) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(85.1) “Motor vehicle rental agency” means an establishment engaged exclusively in the rental (not leasing) of automobiles, sport utility vehicles, light trucks, vans, or motorcycles, including incidental parking of vehicles for rent. This use does not include the rental, storage, or maintenance of large construction equipment or the rental of air, aquatic, commercial or construction vehicles or equipment. Also excluded from this use type are “motor vehicle rental, self-moving”.
(85.2) “Motor vehicle rental, self-moving” means an establishment engaged exclusively in the rental of trucks, vans, and trailers for moving household personal property, and which establishment may engage in the rental of other moving accessories, such as trailer hitches and mounts, padded blankets, and dollies, and the sale of boxes and other packing materials.
(Ord. 2020-24. Passed 2-10-20.)
(86) "Natural area" means an area of land and/or water which has retained its natural character to some degree or has some unusual flora, fauna, geological, archaeology, scenic or similar features of scientific or educational interest. A natural area need not be completely undisturbed. (Ord. 1994-111. Passed 11-28-94.)
(86.1) “Net developable area” means the area determined by deducting 15% for streets and utilities plus the acreage encumbered by the following unbuildable site conditions from the gross acreage of the proposed residential development (the acreage to be subdivided).
A. Jurisdictional wetlands, as defined in U. S. Army Corps of Engineers’ Corps of Engineers Wetlands Delineation Manual, Technical Report Y-87-1, U. S. Army Engineer Waterways Experiment Station, Vicksburg, Miss. Jurisdictional wetland as regulated by Section 404 of the Clean Water Act consisting of (a) hydric soils, (b) hydrophytic vegetation, and (c) wetland hydrology (generally meaning that they support more than 50% wetland vegetation, and are poorly drained soils that are periodically inundated or saturated).
B. Floodplains, as shown on the Zoning Map as F-P or areas that lie within a FEMA 100-year floodplain, either with in elevations determined by FEMA or mapped by FEMA.
C. Steep slopes, defined as a slope greater than 25%.
D. Easements, defined as rights-of-way that prohibit residential construction.
E. Bodies of water.
F. Wetland and riparian setbacks.
Steep slopes, easements, and wetland and riparian setbacks within yard setbacks may be included in gross acreage for purposes of determining “net developable area.”
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
(87) "Nonconforming use" means any building or land lawfully occupied by a use on the effective date of these regulations or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(Ord. 1994-111. Passed 11-28-94.)
(87.1) “Non-prescription drugs sold at retail" means an establishment which, as its principal use, sells or distributes tobacco or nicotine products for human ingestion or inhalation in any manner, including aerosol or vapor products, as well as other unregulated psychoactive substances including cannabinoid compounds or derivatives of any nature, and associated drug paraphernalia as defined in Ohio R.C.2925.14, but does not include marijuana dispensaries or establishments defined as prescription drugs sold at retail. (Ord. 2024-92. Passed 6-10-24.)
(88) "Nuisance" means anything that interferes with the use or enjoyment of property, endangers personal health, safety or is offensive to a person of ordinary sensibilities. (Ord. 1994-111. Passed 11-28-94.)
(88.1) “Nursing home” means an institution defined in Ohio R.C. 3721.01(A)(6). (Ord. 2018-108. Passed 9-10-18.)
(89) "Occupancy" means one who occupies.
(90) "Oil, gas and brine wells" means any viable, cased commercial or domestic well for the extraction of natural resources.
(91) "Open space" means any portion of the lot which is not occupied by any building or structure or is not hard surfaced with a man made material.
(92) "Outdoor display". (See Retail Sales, Outdoor.)
(93) "Outdoor storage" means the keeping, in an enclosed area, of any goods, material, merchandise, or vehicles in the same place for more than twenty-four hours. (Also see Retail Sales, Outdoor.)
(94) "Parking space" means an off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
(95) "Party center" means an establishment where meals and/or liquor are permitted and in which music, dancing or entertainment is conducted.
(Ord. 1994-111. Passed 11-28-94.)
(95.1) "Prescription drugs sold at retail" means an establishment licensed under Chapter 4729 of the Ohio Revised Code, which sells or distributes prescription drugs under the supervision of a licensed pharmacist who is in full and actual charge of the pharmacy.
(Ord. 2024-92. Passed 6-10-24.)
(96) "Private and parochial schools" means facilities for elementary, junior, and secondary schools including the customarily associated facilities such as administrative offices and auditoriums.
(97) "Private technical schools" means private educational facilities including business and commercial technical schools, art schools, dance schools and specialized educational facilities.
(98) "Public utility" means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public, electricity, gas, steam, telephone, telegraph, transportation, water or any other similar public utilities.
(99) "Retail sales, outdoor", means the sales and display of products primarily outside of a building or structure, including vehicles, garden supplies, gas, tires and motor oil, food and beverages, boats, farm equipment, motor homes, burial monuments, building and landscape materials and lumber yards.
(100) "Repair services" means any building, premises and land in which or upon which a business, service, or industry involving the maintenance, servicing, repair or painting of vehicles is conducted or rendered.
(101) "Roadside stands" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(Ord. 1994-111. Passed 11-28-94.)
(101.1) “Sanitarium” means an institution that provides in-patient therapy or rehabilitation for the treatment of chronic diseases or for recuperation from surgery or hospitalization.
(Ord. 2018-108. Passed 9-10-18.)
(102) "Screening strip" means a strip of land to be used as a planting strip on which shall be placed evergreen, hedge, shrubbery or other planting materials maintained in a neat and orderly manner.
(103) "Shall" means the action, procedure or standard referred to is mandatory.
(105) "Specified anatomical areas" means less than completely and opaquely covered human genitals, pubic region, buttocks and female breasts below a point immediately above the top of the areola; the human male genitals in a discernably turgid state, even if completely and opaquely covered.
(106) "Specified sexual activities" means human genitals in a state of sexual stimulation or arousal, acts of human masturbation, sexual intercourse or sodomy, and fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts.
(107) "Stable, private" means a stable with a capacity of not more than two animals owned by the occupants of the dwelling to which it is an accessory use.
(108) "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(109) “Story, half” means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
(110) "Street, collector" means a street intended to carry traffic from local streets to major thoroughfares, including principal streets within a residential development. (Ord. 1994-111. Passed 11-28-94.)
(110.1) “Street, existing” (Existing Street) means a City street or road that is in existence, having been dedicated as such, at the time of subdivision application.
(110.2) “Street, new” (New Street) means right-of-way depicted on a plat that is being proposed for dedication as a City street or road at the time of subdivision application.
(Ord. 2004-183. Passed 11-22-04.)
(Ord. 2004-183. Passed 11-22-04.)
(111) "Street, public" means a public thoroughfare which has been dedicated to the public use and accepted by the City or subject to public easement therefor, and which affords principal means of access to abutting property.
(112) “Street, right-of-way lines" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.
(113) "Street, private" means a thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public and/or subject to public easements therefor.
(114) "Streetsboro Development Policy Plan" means the long-range plan for the development of the City and its environs as officially adopted and amended by the Planning Commission.
(115) "Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including advertising signs, billboards, pergolas, farmers' roadside stands, fences and walls.
(116) "Structural alterations" mean any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area or cubical contents of the building.
(117) "Surface mining" means all or any part of a process followed in the production of minerals from the earth or from the surface of the land by surface excavation methods, such as open pit mining, dredging, placering or quarrying, and includes the removal of overburden for the purpose of determining the location, quantity or quality of mineral deposits and the incidental removal of coal at a rate less than one-sixth the total weight of minerals and coal removed during the year, but does not include test or exploration boring, nor mining operations carried out beneath the surface by means of shafts, tunnels or similar mine openings.
(118) "Swimming pool, family" means a swimming pool used or intended to be used solely by the owner or lessee thereof and his family, and by friends invited to use it without payment of any fee.
(119) "Swimming pool, commercial" means a body of water in an artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming by adults or children, or both adults and children, whether or not any charge or fee is imposed upon adults or children, operated and maintained by any person as herein defined, whether he is an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
(120) "Tavern" means an establishment serving alcoholic beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where sandwiches, snacks and meals are available for consumption on the premises.
(Ord. 1994-111. Passed 11-28-94.)
(120.1) “Telecommunications” means the technology that enables information to be exchanged through the transmission of voice, video or data signals by means of electrical or electromagnetic systems.
(Ord. 1998-16. Passed 1-26-98.)
(121) (Repealed. Ord No. 2024-20, passed 1-22-2024).
(121.1) "Transient Accommodation, Place of" means a place providing sleeping, bathing and sanitary facilities and made available publicly for occupancy in durations not exceeding thirty (30) days.
(Ord. 2024-20. Passed 1-22-24.)
(122) "Use" means the purpose for which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
(123) "Useable open space" means the required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, and shall be twenty feet in least dimension on the ground. Balconies at least four feet, six inches wide, roof areas which are improved and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as useable open space.
(124) "Used car lot" means any lot on which two or more motor vehicles (which have been previously titled in a name other than the manufacturer or dealer) in operating condition are offered for sale or displayed to the public.
(125) "Veterinary hospital" 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 accommodations on the premises for treatment, observation and/or recuperation.
(126) "Wetland" means those areas that are inundated or saturated by surface or ground water at a frequency an duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas.
(Ord. 1994-111. Passed 11-28-94.)
(126.1) “Wireless Telecommunication Antenna” means the physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators are excluded from this definition.
(126.2) “Wireless Telecommunications Equipment Building” means the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
(126.3) “Wireless Telecommunications Facility” means a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile radio communications source and transmitting those signals to a central switching computer which connects the mobile unit with the land-based telephone lines.
(126.4) “Wireless Telecommunications Tower” means a structure intended to support equipment used to transmit and/or receive telecommunications signals, including monopoles, guyed and lattice construction steel structures.
(Ord. 1998-16. Passed 1-26-98.)
(127) "Yard" means an open space of the same lot between the lot line and the building line, unoccupied and unobstructed by any portion of a building or structure from the ground upward, except as otherwise provided herein. (Ord. 1994-111. Passed 11-28-94.)
(128) "Yard, front" means a yard extending across the full width of a lot and being the perpendicular distance between the street right-of-way line and the building line. Where the right-of-way is not established, the right-of-way shall be assumed to be sixty feet. Where a specified right-of-way for a major thoroughfare or collector street is designated on the current Streetsboro Development Policy Plan the front yard depth shall be measured from the proposed street right-of-way line.
(129) "Yard, rear" means a yard extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the rear building line. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
(130) "Yard, side" means a yard between the side building line and the side lines of the lot and extending from the front yard to the rear yard.
(131) "Zero lot line" means the location of dwellings on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Setback is legally one inch.
(132) "Zoning amendment" means a change in the text and/or district map of the existing Zoning Ordinance which is granted by legislative act of the City Council.
(133) "Zoning map" means the Zoning District Map of the City of Streetsboro, Portage County, Ohio.
(134) "Zoning Ordinance" means Ordinance 1989-51, passed August 29, 1989, and all amendments thereto, which are codified as Titles One, Three and Five of this Part Eleven - Planning and Zoning Code.
(Ord. 1994-111. Passed 11-28-94.)
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