1203.03 GENERAL TERMS.

   As used in this Zoning Code:

   (a)   "Board" or "Board of Appeals" means the Board of Building and Zoning Appeals.

      (Ord. 1988-70. Passed 6-16-88; Ord. 2020-149. Passed 2-18-21.)

   (b)   "Build" includes establish, construct, erect, assemble, reconstruct, enlarge and alter.

   (c)   "City" means the City of Westlake.

   (d)   "Clerk" means the duly acting and qualified Clerk of Council of the City.

   (e)   "Code" means the Zoning Code of the City, being Ordinance 1969-169, passed July 16, 1970, as amended, codified as Part Twelve of these Codified Ordinances.

   (f)   "Commission" means the City Planning Commission.

   (g)   "Director of Inspections" means the Director of the Department of Buildings, Structures and Inspections.

   (h)   "Council" means City Council of Westlake.

   (i)   "Criterion" means a principle by which the planning of a subdivision or development area shall be guided.

   (j)   "Developer" means a person commencing proceedings under this Zoning Code to effect a subdivision or development of land for himself or for another.

   (k)   "District" means a section of the City for which uniform zoning regulations, as provided herein, govern the use of land, structures and premises, the permitted height and area of structures and the area or open spaces about structures.

   (l)   "Engineer" means the Director of the Department of Engineering.

   (m)   "Notice" means a written announcement delivered to the person addressed or left at his usual place of residence before the event or action to which it refers will take place.

   (n)   "Person" means an individual, firm, association, corporation, trust or any other legal entity, including his or its agents.

   (o)   "Public hearing" means a hearing open to the public, held after public notice thereof has been given, at which any person shall be entitled to be heard concerning the subject matter of the hearing. (Ord. 1988-70. Passed 6-16-88.)

   (p)   "Public notice" as to the passage and amendment of any zoning ordinance, the maps or regulations thereof, means a notice given in accordance with Charter Article III, Section 13 and Section 1235.06.

      (Ord. 2022-9. Passed 4-7-22.)

   (q)   "Regulation" means a rule, restriction or other mandatory provision intended to control, require or prohibit an act.

   (r)   "Standard" means a test, measure, model or example of quantity, extent or quality.

   (s)   "Subdivision" means a division of any parcel of land shown as a unit or as contiguous units in the current records of the County Recorder, into two or more lots, parcels, sites or other divisions of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership including:

      (1)   "Minor subdivision" means the proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road, and involving not more than five lots.

      (2)   "Major subdivision" means a division of a parcel into two or more lots when such subdivision involves the opening, widening or extension of any street or the granting of easements for the extension and maintenance of sewer, water, storm drainage or other facilities. Any division of a parcel into more than five lots is a major subdivision.

   A division of land into parcels of more than five acres for agricultural purposes not involving new streets or easements of access, or a division, sale or exchange of parcels between adjoining lot owners, where such exchange does not create additional building sites, shall not be considered a subdivision.

   (t)   "Subdivision regulations" means the Planning and Platting Code of the City, codified as Part Eleven of these Codified Ordinances.

      (Ord. 1988-70. Passed 6-16-88.)

   (u)   "Variance" means a deviation from the requirements of this Zoning Code granted by the Board of Building and Zoning Appeals in cases of practical difficulty or unnecessary hardship under the provisions of and as limited by Chapter 1233.

      (Ord. 1988-70. Passed 6-16-88; Ord. 2020-149. Passed 2-18-21.)

   (v)   "Drainageway" means an open or enclosed storm drainage facility which includes storm sewer ditch, natural stream, watercourse or retention facilities, but excluding swales.

   (w)   "Swale" means an open, depressed land surface area constructed to collect and drain surface water runoff from land adjacent thereto to a ditch, open or enclosed storm sewer, natural stream or watercourse.

   (x)   "Storm sewer" means that portion of a drainageway that is enclosed in conduit and located below the surface of the ground.

   (y)   "Ditch" means an open, natural or excavated land surface area constructed to collect and drain surface water runoff from lands draining thereto to an open or enclosed storm sewer, natural stream, or watercourse.

   (z)   "Director of Planning" means the Director of Planning and Economic Development.
(Ord. 1988-70. Passed 6-16-88.)

   (aa)   “Wholesale sales” means to sell tangible personal property for the purpose of resale.

   (bb)   “Retail sales” means to sell tangible personal property directly to the customer for final use or consumption.
(Ord. 1995-125. Passed 10-5-95.)

   (cc)   “Preschool” means a licensed or unlicensed child day care or child instructional program conducted predominately for children who have not yet entered kindergarten and who are not of compulsory school age.

      (Ord. 1997-239. Passed 4-2-98.)

   (dd)   “Professional services” means a service, the performance of which requires a license from the State of Ohio and for the purposes of these zoning regulations is limited to: insurance, legal, medical, dental, architectural and engineering.

      (Ord. 2007-141. Passed 12-6-07.)

   (ee)   “Recycling Facility” means a specialized plant that stages, stores, receives, separates, packages, and transfers commercially and residentially collected recyclable materials for marketing to end-user manufacturers or to other facilities for further processing.
(Ord. 2014-94. Passed 9-4-14.)

   (ff)   "Infill Development" means a development of vacant, bypassed parcels of land in otherwise built up areas. In order to be considered an Infill Development parcel, at least 80% of the land located within a 300 foot radius of the property must be developed and access to public or private water, sanitary storm sewer, and streets must be available.
(Ord. 2018-122. Passed 2-7-19.)

   (gg)   “Entertainment” means the service of alcohol or the provision of music, televisions, loudspeakers or other similar devices that produce, reproduce, or amplify sound. (Ord. 2023-15. Passed 1-4-24.)