(a) Words used in this Code are used in their ordinary English usage.
(b) For the purpose of this Zoning Code, the following terms shall have the meaning herein indicated:
(1) “Abut.” To physically touch or border upon; or to share a common property line, but not overlap.
(2) “Accessory Building.” A building on the same lot with, and of a nature customarily incidental and subordinate to, the principal building.
(3) “Agriculture.” The use of land for agricultural purposes, including farming, pasturage, horticulture, floriculture, viticulture, and necessary accessory uses, including the accessory structures necessary for carrying out farming operations and the residence of the person who owns or operates the farm, and the family thereof; provided, however, the following shall not be permitted in connection with any agricultural use:
A. The maintenance and operation of hydroponic farms, the raising of poultry or furbearing animals, as a principal use;
B. The raising of livestock fed from garbage or offal, and the feeding or grazing of animals or poultry in either penned enclosures or in open pasture within 100 feet of any lot line, are not permitted in any zoning district.
C. The operation or maintenance of a stock yard or feedlot is not permitted in any zoning district.
D. Wholesale or retail sales as an accessory use, unless the same are specifically permitted by this Zoning Code.
(4) “Automobile Service and Repair Garage.” See Service and Repair Garage.
(5) “Banks.” An establishment providing retail banking, credit and mortgage services. This term shall not include a currency exchange, a payday loan agency or a title loan agency.
(6) “Basement.” That portion of a building located partly underground but having at least one-half of its clear floor-to-ceiling height below the average level of the adjoining ground.
(7) “Buffer or Buffer Yard.” A combination of physical space and vertical elements, such as plants, berms, fences, or walls, the purpose of which is to separate and screen incompatible land uses from each other.
(8) “Building.” Any structure having one or more floors and a roof supported by columns or walls, which is completely enclosed and is designed or intended for the shelter or protection of persons, animals or property. The term building shall be construed under this Code as if followed by the words "or parts thereof."
A. “Building, accessory”: A subordinate building detached from, but located on the same lot as, the principal or main building, the use of which is incidental and accessory to the principal building or use and which is constructed subsequent to the principal building or main use of the land.
B. “Building, principal”: A building occupied by the main or principal use of the lot on which said building is located.
(9) “Building Height.” The vertical distance, measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat roofs; to the deck lines of mansard roofs; and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. Where a building is located on sloping terrain, the height shall be measured from the average ground level of the grade at the building wall.
(10) “Building Line.” An imaginary linear extension of the building wall parallel to the street right-of-way line defining the limits of the front yard, or in the case of a corner lot, the side yard abutting the street.
(11) “Car Wash.” A building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may use production line methods with a conveyor, blower, or other mechanical devices and/or which may employ hand labor.
(12) “Carport.” A roofed structure, with a foundation, that provides space for the parking of vehicles and enclosed on not more than three sides.
(13) “Cellar.” See Basement.
(14) “Cemetery.” Cemetery means land used or intended to be used for the burial of the human or animal dead, and which is dedicated for cemetery purposes. Cemetery includes mausoleums, columbariums, and mortuaries if operated in connection with, and within the boundaries of a cemetery. This term shall not include crematoriums.
(15) “Church.” See Place of Worship.
(16) “Commercial Motor Vehicle.” Any motor vehicle designed or used to transport persons, property, merchandise or freight primarily for-profit that meets any of the following qualifications:
A. Any combination of vehicles with a combined gross vehicle weight rating of 26,001 pounds or more, provided the gross vehicle weight rating of the vehicle or vehicles being towed is in excess of 10,000 pounds;
B. Any single vehicle with a gross vehicle weight rating of 26,001 pounds or more, or any such vehicle towing a vehicle having a gross vehicle weight rating that is not in excess of 10,000 pounds;
C. Any single vehicle or combination of vehicles that is not a class A or class B vehicle, but that either is designed to transport sixteen or more passengers including the driver, or is placarded for hazardous materials;
D. Any school bus with a gross vehicle weight rating of less than 26,001 pounds that is designed to transport fewer than sixteen passengers including the driver;
E. Is transporting hazardous materials for which placarding is required by regulations adopted under the "Hazardous Materials Transportation Act," 88 Stat. 2156 (1975), 49 U.S.C.A. 1801, as amended;
F. Any single vehicle or combination of vehicles that is designed to be operated and to travel on a public street or highway and is considered by the Federal Highway Administration to be a commercial motor vehicle, including, but not limited to, a motorized crane, a vehicle whose function is to pump cement, a rig for drilling wells, and a portable crane.
(17) “Compliance, Certificate of Zoning.” An official statement asserting that a given building, other structure or parcel of land is in compliance with the provisions of all existing codes, or is a lawfully existing non-conforming building or use and, hence, may be occupied and used lawfully for the purposes designated thereon.
(18) “County.” Cuyahoga County, Ohio.
(19) “Day Care Center.” An establishment in which the operator is provided with compensation in return for providing individuals with care for less than twenty-four hours at a time. This term includes, but is not limited to, a day nursery, nursery school, pre-school, adult day care center, or other supplemental care facility. This term does not include a family day care home. (See the definition of “family day care home” below.)
A. “Adult day care center.” An adult day care center shall not include a convalescent home, hospital or any other full-time care facility.
B. “Child day care center.” Any place that provides day care to thirteen or more children at one time; or any place that is not the residence of the licensee or administrator where child day care is provided to seven to twelve children at one time.
(20) “Deck.” A horizontal platform supported by any combination of posts, beams, foundations, and/or joists with or without handrails or steps and not covered by a permanent roof.
(21) “Developer.” Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity commencing proceedings under this Zoning Code to effect a development of land hereunder for himself or for another.
(22) “Development.” Any building, construction, renovation, mining, extraction, grading, dredging, filling, excavation, or drilling activity or operation; any material change in the use or appearance of any structure or in the land itself; any change in the intensity or use of land, such as an increase in the number of dwellings units in a structure or a change to a commercial or industrial use from a less intense use.
(23) “Drive-Thru Facility.” Any portion of a building from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transaction. The term "drive-thru" shall also include "drive-up" and "drive-in" but shall not include Car Wash, Gasoline Station, and Service and Repair Garage.
(24) “Driveway.” A private access way used by vehicles and pedestrians for access to a parking space, garage, dwelling, or other structure.
(25) “Dwelling.” Any building or portion thereof, containing one or more dwelling units designed for or occupied for residential purposes, including single-family detached dwellings as defined herein.
(26) “Dwelling, Detached Single-Family.” A dwelling unit designed and used for one family situated on a lot having a front, side and rear yard and separated from all other dwelling units by open space from ground to sky. See also Figure 2, Detached Single-Family Dwellings.
(27) “Dwelling Unit.” One or more rooms comprising living, dining, sleeping room or rooms, storage closets, as well as space and equipment for cooking, bathing and toilet facilities, all used by only one family.
(28) “Established Street Grade.” The roadway elevation established by construction or usage measured at the roadway center line in front of the lot.
(29) “Easement.” A right granted by the owner of land to other parties to use such land for a specific purpose, such as public utility lines or for access to other properties.
(30) “Family.” Means an individual or two or more persons, each related to the other by blood, marriage, or adoption, or foster children as defined in Section 1252.02 (b) (38) and not more than two additional persons not related as set forth above, all living together as a single housekeeping unit and using common kitchen facilities.
(31) “Family Day Care Home.” A residence used to provide childcare as detailed below:
A. “Type B.” A permanent residence of the day care provider in which child day care is provided for one to six children at one time. No more than three of these children shall be under two years of age at one time.
(32) “Fence.” Any structure composed of wood, steel or other material erected in such a manner and positioned to enclose or partially enclose any premises or part of any premises. Trellises or other structures supporting or for the purpose of supporting vines, flowers and other vegetation when erected in such position to enclose any premises or part of any premises shall be included within the definition of the word "fence." Structures erected other than on lot lines or in close proximity to lot lines, which have solely an ornamental purpose and which do not serve the purpose of enclosing or partially enclosing premises or of separating premises from adjoining premises, shall not be included within the definition of the word "fence." Specific types of fences include:
A. “Barbed wire.” A fence made with metal wire having sharp points, razors, or barbs along its length.
B. “Chain link.” A fence made of vinyl-clad metal loops interconnected in a series of joined links.
C. “Electrified.” All fences or structures, included or attached to any device or object which emits or produces an electrical charge, impulse or shock when the same comes into contact with any other object, person or animal or which causes or may cause burns to any person or animal. This does not include "invisible fences" or similar devices.
D. “Ornamental.” A fence constructed for its beauty or decorative effect and when viewed at a right angle, has not less than seventy-five percent of the area of its vertical plane, the area within a rectangular outline enclosing all parts of the fence in its plane, open to light and air. Ornamental fences include:
1. “Rail fence” or “split-rail fence” means a fence constructed of narrow, whole or split, wooden timbers placed horizontally between upright supporting posts; and,
2. Traditional “wrought iron” fences that could be made from wrought iron, decorative steel, aluminum, or synthetic materials.
E. “Privacy fence.” Means a fence made to inhibit public view and provide seclusion and when viewed at right angles, has less than twenty-five percent of the area of its vertical plane open to light and air. Privacy fences include:
1. “Basket weave fence” or “woven fence” which means a fence made of interwoven strips or slats of flexible or semi-flexible material in which the pattern has the appearance of a plaited basket.
2. “Louver fence” or “ventilating fence” which means a fence made of a series of slats placed at an angle or positioned so as to provide air but to deflect light perpendicular to its vertical plane.
3. “Board on board fence” or “picket fence.”
4. “Stockade fence” or “palisade fence” means a fence constructed with a row of stakes, pales or pickets placed upright against each other and having at least fifty percent of the area of its vertical plane closed to light and air.
(33) “Financial Institution.” See Banks.
(34) “Fleet Vehicles.” Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.
(35) “Floor Area, Gross.” The sum of the gross horizontal areas of all floors of a building, measured from the exterior faces of the exterior walls of a building or from the center line of a common wall separating two or more units of a building, including accessory storage areas located within selling or working space, but not including space in cellars or basements, space in machinery penthouses or floor space used for accessory off-street parking, except when used or intended to be used for human habitation or service to the public.
(36) “Floor Area, Net.” The total of all floor areas of a building, excluding stairwells and elevator shafts, equipment rooms, interior vehicular parking or loading; and all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(37) “Food and Drink Processing.” The preparation, storage, or processing of food products, and includes such activities as bakeries, dairies, canneries, and other similar products.
(38) “Foster Child.” Means a person under eighteen years of age who is placed in a dwelling unit by an institution or agency, licensed or approved by an appropriate state-regulating agency to place foster children.
(39) “Funeral Home.” A building or part thereof used for human funeral services. Where a funeral home is permitted, a funeral chapel shall also be permitted. Such building may contain space and facilities for:
A. Embalming and the performance of other services used in preparation of the dead for burial;
B. The performance of autopsies and other surgical procedures;
C. The storage of caskets, funeral urns, and other related funeral supplies;
D. The storage of funeral vehicles; and,
E. May include facilities for cremation as an accessory use.
(40) “Garage.” A building, or part thereof, used or intended to be used for the parking and storage of vehicles.
(41) “Gasoline Station.” (See also Service and Repair Garage) An establishment where liquids used as motor fuels are stored and dispersed into the fuel tanks of motor vehicles by an attendant or by persons other than the station attendant and may include facilities available for the sale of other retail products but which shall not be used for the making of repairs to motor vehicles.
(42) “Golf Course.” A tract of land laid out with at least nine holes for playing a game of golf and improved with tees, greens, fairways, and hazards. A golf course may include a clubhouse and shelters as accessory uses.
(43) “Grade.” The average level of the finished surface of the ground adjoining a building.
(44) “Grade, Finished.” The elevation of the finished surface of the ground adjoining the building or structure within a distance of ten feet of the foundation wall.
(45) “Grade, Natural.” The elevation of the undisturbed natural surface of the ground adjoining the building or structure.
(46) “Half Story.” The portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three feet above that floor level.
(47) “Height of Structure.” Other than a building, this is the vertical distance to the highest point of the structure measured from the finished grade.
(48) “Home Occupation.” Any use or profession conducted entirely within a dwelling, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not change its character.
(49) “Landscaped Area.” An area that is permanently devoted to and maintained for the growing of trees, shrubs, grass or other plant material.
(50) “Library.” A facility in which literary, musical, artistic or reference materials, such as, but not limited to, books, manuscripts, computers, recordings or films are kept for use or loaning to patrons of the facility, but are not normally offered for sale.
(51) “Loading Space, Off-Street.” An area located completely outside of any public right-of-way and on the same lot with a building or contiguous to a group of buildings, for the temporary parking of vehicles entering the premises for loading or unloading merchandise or materials.
(52) “Long Term Health Care Facility.” The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped, and may have common social, recreational, dining and/or food preparation facilities. The facility may be for independent living and/or may provide the residents with a range of personal and medical assistance including nursing care.
(53) “Lot.” A parcel of land occupied or intended to be occupied by a main building or use by a group of buildings united by a common interest or use, together with accessory buildings and uses and the open spaces belonging to the same.
(54) “Lot Area.” The total horizontal area contained within the lot lines exclusive of any portion of the right-of-way of any public street.
(55) “Lot Coverage.” That portion of a lot, which when viewed directly above, which would be covered by a building or structure, parking and loading areas and other surfaces that are impermeable or substantially impervious to water. Covered porches, open and uncovered porches, attached decks, at-grade patios, and swimming pools shall be considered as impervious surface for the purpose of lot coverage calculations.
(56) “Lot Frontage.” That portion of the lot extending along the street right-of-way.
(57) “Lot Line.” The boundary line defining the limits of the lot. Lot line is synonymous with "property line."
A. “Front lot line.” The line separating an interior lot from the street right-of-way on which the lot fronts. On a corner lot, the street right-of-way with the least amount of street frontage shall be the front lot line.
B. “Rear lot line.” The lot line opposite and most distant from the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.
C. “Side lot line.” Any lot line that is not a front lot line or a rear lot line.
(58) “Lot of Record.” A lot which has been recorded in the office of the Recorder of Deeds of Cuyahoga County, or a parcel of land the deed to which was recorded, prior to adoption of this Zoning Code.
(59) “Lot Types.” Terminology used in this Zoning Code with reference to corner lots, interior lots and through lots is as follows. See also Figure 3 for an illustration of lot types:
A. “Lot, corner.” A lot which adjoins the point of intersection or meeting of two or more streets and in which the interior angle formed by the street lines is 135 degrees or less.
B. “Lot, interior.” A lot abutting or with frontage on only one street.
C. “Lot, through.” A lot having frontage on two parallel or approximately parallel streets.
(60) “Lot Width.” The horizontal distance between the side lot lines, measured at right angles to the lot depth at the front setback line.
(61) “Lot, Zoning.” A parcel of land not separated by street or alley that is designated by its owner or developer at the time of applying for a zoning permit, as a tract all of which is to be used, developed, or built upon as a unit under single ownership. As long as it satisfies the above requirements, such lot may consist of:
A. A single lot of record, or;
B. A portion of lot of record, or;
C. A combination of complete lots and portions of lots of record, or portions of lots of record.
(62) “Motor Vehicle Body Shop.” An establishment providing the repair or rebuilding of motor vehicle bodies by the replacement, smoothing, sanding or painting of the exterior surfaces of such vehicles within an enclosed building.
(63) “Motor Vehicle, Inoperable.” An inoperable motor vehicle is a motor vehicle whose engine cannot be started and the vehicle cannot be driven under its own power at least 100 yards immediately upon request, or within twenty-four hours of the initial request, and which does have disabling damage.
(64) “Motor Vehicle Sales.” An establishment providing wholesale and retail sale of motor vehicles, including incidental storage and maintenance.
(65) “Non-conformity.” A lot, use of land, building, site conditions, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments, which do not conform to the current regulations of the district or zone in which it is situated or other regulations in this Zoning Code.
A. “Non-conforming Building.” A building existing lawfully when this Zoning Code, or any amendment thereto, became effective, but which does not conform to the current regulations governing buildings and structures of the district in which it is located.
B. “Non-conforming Lot.” A lot lawfully existing on the effective date of this Zoning Code or any amendment thereto, which on such effective date, does not conform to the current lot area, width or frontage requirements of the district in which it is located.
C. “Non-conforming Site Condition.” A site improvement that was legally established, but no longer conforms with the regulations in the Zoning Code.
D. “Non-conforming Use.” Any building or land lawfully occupied by a use on the effective date of this Zoning Code or any amendment thereto, which does not conform to the current use regulations of the district in which it is situated.
(66) “Office, Administrative/Professional.” An establishment within which specific services are conducted with other businesses, individuals, organizations or corporate customers, generally on a contractual basis, and not involving the retail sales of merchandise on the premises for walk-in traffic from the street.
(67) “Office, Medical/Dental.” Facilities which provide diagnoses, minor surgical care and outpatient care on a routine basis, but which do not provide overnight care or serve as a base for an ambulance service. Medical/dental facilities are operated by doctors, dentists, or similar practitioners licensed by the State of Ohio. Emergency treatment is not the dominant type of care provided at this facility. This term shall include such establishments providing support to medical professionals and patients, such as medical and dental laboratories, blood banks, oxygen, and miscellaneous types of medical supplies and services.
(68) “Official Zoning Map.” See Zoning Map.
(69) “Outdoor Display/Sale.” Merchandise placed in an outdoor area that is open to the general public, when the merchandise on display is removed from its shipping packaging and is representative of merchandise that is available for purchase inside the building and/or is available for purchase by the general public directly from the display area.
(70) “Outdoor Storage.” The storage of goods, materials, merchandise or vehicles in an area outside of a building or structure in the same place for more than 24 hours, except for merchandise placed in an area for outdoor display.
(71) “Park.” A tract of land, designated for active and/or passive recreation.
(72) “Parking Lot.” An outdoor paved area made up of marked parking spaces and associated access drives where motor vehicles may be stored for the purpose of temporary off-street parking. Also known as a parking area.
(73) “Parking Space, Off-Street.” An open or enclosed area, defined by painted lines, raised curbs or a combination thereof, outside the public street right-of-way that is used for the parking or temporary storage of registered and licensed motor vehicles.
(74) “Patio.” An impervious surfaced area, at or within thirty inches of the finished grade, and not covered by a permanent roof.
(75) “Personal Services.” An establishment providing services that are of a recurring and personal nature to individuals. This term includes, but is not limited to, a barber shop, beauty salon, shoe repair shop, seamstress, tailor, fortune teller, tanning salon, and massage establishment. This term does not include a dry cleaning establishment, laundromat, photocopy center, health club or repair shop for household items.
(76) “Place of Worship.” A building or structure used for public worship. The words “place of worship” includes the words “church,” “house of worship,” “chapel,” “synagogue” and “temple” and their uses and activities that are customarily related.
(77) “Plan, Development.” A plan prepared to scale accurately showing, with complete dimensions, the boundaries of the site, the location of buildings; landscaping; parking areas; access drives; signs; outdoor storage areas; and any other features that comprise a proposed development.
(78) “Plan, Master.” The current, adopted long-range plan intended to guide the growth and development of the Village, based on study and analysis of the Village's existing conditions, including population and housing, historic and natural features, general land use patterns and zoning regulations, and other development considerations.
(79) “Plant Nursery/Greenhouse.” An establishment engaged in growing crops of any kind within or under a greenhouse, cold frame, cloth house or lath house, or growing nursery stock, annual or perennial flowers, vegetables or other garden or landscaping plants. This term does not include a garden supply or landscaping center.
(80) “Playground.” An active recreational area with a variety of facilities including equipment for younger children as well as court games.
(81) “Porch.” A roofed open structure that projects from the front, side or rear wall of a building. For the purposes of this Zoning Code, an enclosed porch shall be considered part of the principal building.
(82) “Property Line.” See Lot Line.
(83) “Public Hearing.” An official meeting called by the Legislative Authority, the Planning Commission, or the Board of Zoning Appeals, duly noticed, which is intended to inform and obtain public comment or testimony, prior to the governing body rendering a decision.
(84) “Public Safety Facility.” A municipal, government facility for public safety and emergency services, including a facility that provides police and/or fire protection and related administrative facilities.
(85) “Public Service/Maintenance Facility.” Public service facility means the erection, construction, alteration, operation, or maintenance of buildings, power plants or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other government agency, including the furnishing of electrical, gas, rail transport, communication, public water, and sewerage services.
(86) “Recreational Vehicle.” A vehicular-type portable structure without a permanent foundation that can be towed, hauled, or driven and primarily designed, by the manufacturer, as temporary living accommodation for recreational, camping, and travel use. For the purposes of this Code, recreational vehicle/equipment shall include a recreational vehicle, boat, boat trailer, pick-up truck camper, snow mobile, folding tent trailer, or other camping and recreational equipment as determined by the Zoning Administrator, and any trailer that may be used to convey such a vehicle or equipment.
(87) “Residential Facility.” A licensed facility by a State of Ohio Agency that meets one of the following criteria:
A. "Class Two." A facility licensed by the Ohio Department of Mental Health and Addiction Services that provides accommodations, personal care services, and supervision, in a family setting, to one or two persons with mental illness; or one or two unrelated adults who are receiving payments under the residential state supplement program; or one to five unrelated adults.
B. "Developmental disabilities." A licensed facility by the Department of Developmental Disabilities that provides room and board, personal care, habilitation services and supervision in a family setting for at least six and not more than eight individuals with developmental disabilities.
C. "Foster family home." A licensed facility by the Department of Ohio Jobs and Family Services that is a private residence in which up to five children are received apart from their parents, guardian or legal custodian by an individual reimbursed for providing the children with non-secure care, supervision or training twenty-four hours a day. The limit of five children may be exceeded for siblings, previous foster children or children of foster children.
(88) “Restaurant.” An establishment where food and drink are prepared, served, and consumed within the principal building.
(89) “Retail Establishment.” An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such products. Such an establishment is open to the general public during regular business hours and has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the proportion of display area vs. storage area and the proportion of the building facade devoted to display windows may be considered. This term does not include any adult entertainment uses.
(90) “Right-Of-Way (ROW).” A strip of land or the air space above it taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges and the air space above the surface.
(91) “Roadside Stand.” A removable structure used or intended to be used solely by the owner or tenant of the property on which it is located for the sale of seasonal agriculture products produced on the premises.
(92) “Schools, Elementary and Secondary (public or private).” Publicly or privately owned facilities providing full- time day instruction and training at the elementary, junior high and high school levels in accordance with the requirements of Chapter 3313 of the Ohio Revised Code, or facilities providing kindergarten or nursery school training and care whose annual sessions do not exceed the school sessions for full-time day schools and which are operated by a board of education or an established religious organization.
(93) “School, Specialty/Personal Instruction.” A facility primarily teaching usable skills that prepare students for jobs within a specific trade or a facility, providing instruction on social and religious customs and activities, performing arts and/or sports. Such facilities may include beauty schools, dance instruction centers, cooking schools and martial arts studios. This term does not include health club.
(94) “Scientific Research, Development, Training and Testing Facility.” A building or group of buildings used for scientific research, investigation, testing or experimentation, but not facilities for the manufacture or sale of products, except as incidental to the main purpose of the laboratory.
(95) “Self-Storage Facility, Indoor.” Self-service storage facility or mini- warehouse means a facility consisting of a building or group of buildings in a controlled access compound that contains varying sizes of individual, compartmentalized and controlled-access stalls or lockers for the dead storage of customers' residential goods or wares.
(96) “Service and Repair Garage.” (See also Gasoline Station.) A building or part of a building, structure or space used for servicing and repairing motor vehicles, and which may provide for the retail sale of liquid fuel, lubricants, and motor vehicle accessories. Repairs described under Vehicle Repair Garage shall not be permitted.
(97) “Service Establishment, Business.” An establishment providing services to business establishments on a fee or contract basis, including, but not limited to, advertising and mailing services, employment services, business equipment and furniture sales or rental, photocopy services, protective services, or similar services.
(98) “Setback.” Setback means the required minimum horizontal distance between a lot line and a building, surface parking lot, outdoor storage area, or structure as established by this Zoning Code.
(99) “Setback Line.” A line established by this Zoning Code generally parallel with and measured from the lot line, defining the minimum distance a building, structure, parking area or outdoor storage area, shall be located from the said lot or thoroughfare line, except as may be provided in this Zoning Code.
(100) “Sign.” Any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on, or displayed from a building or structure in order to direct or attract attention to, or announce or promote, an object, product, place, activity, person, ideology, institution, organization, business or the like, by means of letters, words, models, banners, flags, pennants, insignia, devices, designs, colors, symbols, fixtures, images, illuminations or representations used as, or which is in the nature of, an announcement, direction, advertisement or other message.
(101) “Story.” 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. A basement, as defined in this chapter, shall not be included as a story.
(102) “Street.” An improved vehicular passage within a right-of-way that serves as the primary means of access to abutting lots. The term “street” includes avenue, drive, circle, road, roadway, parkway, boulevard, or any other similar term.
(103) “Street, Public.” A right-of-way intended to be used for travel by the public, improved for such purpose, and accepted by the Village of Walton Hills for perpetual maintenance. Included is the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, division strips or other areas within the right- of-way lines.
(104) “Structure.” Anything built or erected, including, among other things, buildings, stadiums, reviewing stands, bandstands, bleachers, booths, fences, gazebos, swimming pools, platforms, towers, bridges, trestles, sheds, bins, poles, tents and tanks (above or below ground). The term also means the supporting framework or parts of a building, and shall be construed as if followed by “or parts thereof.”
(105) “Trailer, Travel.” See Recreational Vehicle.
(106) “Transport and Truck Terminal.” A building or area in which freight brought by truck is assembled and/or stored for routing in intrastate and interstate shipment by truck or in which semi-trailers, including tractor and/or trailer units, and other trucks are parked or stored.
(107) “Use.” The purpose for which land; a building or structure is arranged, designed, intended, maintained or occupied; or any occupation, activity or operation carried on in a building or structure or on land.
A. “Use, accessory.” A use located on the same lot with the principal use of building or land, but incidental and subordinate to and constructed subsequent to the principal use of the building or land.
B. “Use, conditional.” A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1294, Conditional Use Regulations, and which requires conditional use approval by the Planning Commission, in accordance with the standards and procedures set forth in Chapter 1258, Administrative Procedures.
C. “Use, permitted.” A use that is authorized by this Zoning Code as a use permitted by right, a conditional use, or an accessory use.
D. “Use permitted by right.” A permitted use that is approved administratively when it complies with the standards and requirements set forth in the Zoning Code, the approval of which does not require a public hearing.
E. “Use, principal.” The primary or main use or activity of a building or lot.
F. “Use, temporary.” A use that is established for a fixed period of time with the intent to discontinue such use upon the expiration of such time and does not involve the construction or alteration of any permanent structure.
(108) “Utility Substation/Distribution Facility, Indoor.” A facility contained entirely within a building, which performs either of the following functions:
A. Aids in the transmission or distribution of gas, electricity, steam or water, or landline telephone communications.
B. Is used as a distribution center, including but not limited to a water pumping station, water reservoir, transformer station, landline telephone exchange, or building for radio, television, but not including a yard or building for storage, maintenance or repair service.
(109) “Variance.” A grant by the Board of Zoning Appeals to a property owner authorizing the property owner to vary from the literal terms of the relevant regulations.
(110) “Vehicle Repair Garage.” An establishment providing repair services for motor vehicles, including the sale, installation and servicing of related equipment and parts, where all such work is performed within an enclosed building. This term includes, but is not limited to, the repair or servicing of transmissions, engines or upholstery including the rebuilding or reconditioning of motor vehicles, or parts thereof, including clutch, transmission, differential, axle, spring, and frame repairs; major overhauling or engines requiring the removal of the engine cylinder, head or crankcase pan; repairs to radiators requiring the removal thereof; or similar activities. This term includes, but is not limited to, an auto repair shop, wheel and brake shop, tire sales and installation, or upholstery shop. This term shall not include vehicle dismantling or salvage, tire re-treading or recapping, or motor vehicle body shop.
(111) “Vehicular Use Area.” An area for storage of any and all types of vehicles whether such vehicles are self propelled or not, and an area including all land designed to be traversed by vehicles including, but not limited to, drive-in activities such as filling stations, grocery and dairy stores, banks, restaurants and the like.
(112) “Warehousing.” A building used for the indoor storage of goods and materials.
(113) “Wholesale Sales and Distribution, Indoor.” Establishments or places of business primarily engaged in selling merchandise to retailers; to industrial, commercial, institutional, or professional business users; to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such companies. All such activities take place inside principal or accessory buildings.
(114) “Yard.” An open space on the same lot with a principal building or structure extending between the lot line and the extreme front, rear, or side wall of the main building or structure. See Figure 4, Illustration of Yards.
A. “Yard, corner side.” On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.
B. “Yard, front.” The area across the full width of the lot between the front of the principal building and the front line of the lot.
C. “Yard, rear.” The area across the full width of the lot between the rear of the principal building and the rear line of the lot.
D. “Yard, side.” The area between the main building and the side line of the lot extending from the front wall to the rear wall of the main building.
(115) “Zoning Administrator.” The Village Building Official is designated to administer the Zoning Code of the Village of Walton Hills, Ohio. A person designated by the Zoning Administrator may also perform duties of the Zoning Administrator.
(116) “Zoning Map.” An accurate map depicting the Village of Walton Hills, Ohio, and indicating the boundaries of the zoning districts established by this Zoning Code. May also be referred to in this Zoning Code as the Official Zoning Map.
(117) “Zoning Permit.” A document issued by the Zoning Administrator authorizing the construction or alteration of a building or structure and/or use of a lot or structure in accordance with this Zoning Code.
(Ord. 2009-17. Passed 9-15-2009; Ord. 2021-8. Passed 5-18-21.)