Aurora City Zoning Code

CHAPTER 1133

Definitions and Rules of Construction

1133.01 RULES OF CONSTRUCTION.

(a) Words used in the singular shall include the plural, and the plural shall include the singular unless the content clearly indicates the contrary.

(b) Words used in the present tense include the future tense.

(d) The word "person" includes a firm, association, organization, partnership, trust, company or corporation, as well as an individual.

(e) The word "lot" includes the words "plot" or "parcel".

(f) The words “used” or “occupied” include the words “intended, designed, or arranged to be used or occupied”.

(g) Words and terms not defined herein should be interpreted in accord with their normal dictionary meanings and customary usage.

(h) The provisions of this Code shall be construed to achieve the purposes and intent for which they are adopted.

(i) Nothing in this Code is intended to abrogate any easement, covenant, deed restriction or other private agreement; however, where the regulations of this Code are more restrictive or impose higher standards or requirements than such easement, covenant, deed restriction or other private agreement, the requirements of this Code shall govern.

(j) In the event of a conflict between the text of this Code and any caption, figure, illustration, table, or map, the text of this Code shall control. In the event of a conflict between a chart and an illustration, the chart shall control. All illustrations included in this Code are for illustrative purposes only.

(k) In the event of any conflict in limitations, restrictions, or standards applying to an individual use or structure, the more restrictive provisions shall apply.

(l) The word “herein” means “this Code”.

(m) Any act authorized by this Code to be carried out by a specific official or agency of the City is impliedly authorized to be carried out by a designee of such official or agency.

(n) Computation of time. The time within which an act is to be done shall be computed by excluding the first and including the last day; if the last day is a Saturday, Sunday, or a legal holiday, that day shall be excluded.

(o) Any reference to the Ohio Revised Code or to other state or federal statues or rules shall be construed to be a reference to the most recent enactment of such statute or rule, and shall include any amendments as may from time to time be adopted.

(Ord. 2000-143. Passed 6-26-00.)

1133.02 DEFINITIONS.

As used in this Zoning Code:

(1) “Access drive” means an area approved for vehicular travel from a road to a lot, or that provides access to a specific destination on a property.

(Ord. 2022-085. Passed 5-23-22.)

(2) “Agriculture” means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal and poultry husbandry. “Agriculture” does not include packing, treating, or storing produce except for consumption or re-use on site and does not include commercial feeding of garbage or offal to swine or other animals.

(3) “Alteration”, as applied to a building or structure, means a change or rearrangement in the structural parts or in the exit facilities, or an enlargement, whether by extending on a side or by increasing in height, or the moving from one location or position to another.

(4) “Applicant” means the owner, agent, or person in control of property which is the subject of an application for a permit or other approval as provided by this Code. An “applicant” may also be a person who is authorized by written permission of the owner of a property to make applications or to otherwise represent the owner with regard to matters addressed by this Code.

(5) “Architectural Review Board” means the Architectural Review Board of the City of Aurora, as established in Chapter 1321 of the Codified Ordinances of Aurora.

(6) “Assisted Living Facility” means any one of the following:

a. A nursing home licensed by the State of Ohio;

b. Residential care or multifamily housing for seniors over the age of 55;

c. In conjunction with either (a) or (b) above, independent living clustered or multifamily housing for seniors over the age of 55;

d. Similar uses as determined by the Planning Commission.

(Ord. 2003-12. Passed 4-28-03.)

(7) “Auto repair” means the maintenance, repair, rebuilding, or reconditioning of motor vehicles or parts thereof, including collision service and the painting and steam cleaning of vehicles. The term does not include within its meaning the uses “auto wash” or “gasoline service station”.

(8) “Auto wash” means a permanent facility, which may be a drive-up facility, for washing the exterior of vehicles by machine, by employees of the business, or by customers and may include facilities for waxing, drying, or vacuuming of vehicles and accessory goods and services approved by conditional zoning certificate.

(9) “Basement” means a story, suitable for business or habitation, partially below the level of the adjoining road or ground and below the first tier of floor beams or joists. When a basement floor is less than two (2) feet below the average grade, it will be rated as the first story or ground floor.

(10) “Board of Zoning Appeals” or “the Board” means the Board of Zoning Appeals of the City of Aurora as established by Chapter 1137 of this Zoning Code.

(Ord. 1999-156. Passed 7-26-99.)

(11) "Building" means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property,

a. "Building, accessory" means a building constructed for use as an accessory building for the storage of materials, vehicles and equipment accessory to a primary use located on the property.

b. "Building, principle" means the building housing the principle use on any lot.

c. "Portable storage container" means a container fabricated for the purpose of transporting freight or goods on a truck, railroad or ship, including cargo containers, shipping containers, storage units, or other portable structures that are placed on private property as an accessory to the principal building and used for storage of items, including, but not limited to, clothing, equipment, goods, household or office fixtures or furnishings, materials and merchandise.

(Ord. 2022-085. Passed 5-23-22.)

(12) “Change of use” means any use of a building or land which substantially differs from the previous use.

(13) “City” means the City of Aurora, Ohio.

(14) “City Council” or “Council” means the City Council of the City of Aurora, Ohio.

(15) “City Engineer” means the City Engineer of the City of Aurora, Ohio.

(16) “Condominium development” means a condominium development as defined and regulated by the Ohio Revised Code.

(17) “Curb cut” means an approved location along the edge of a road pavement, often an opening in the curb, at which point vehicles may enter or leave the road via a driveway apron or access drive onto a property abutting the right-of-way.

(18) “Density” means the number of dwelling units per acre of land. Except as otherwise provided by this Code, the area of land used to calculate density shall only include the area of the lot on which a dwelling is located and shall not include an area of public right-of-way. As provided in this Code, the actual density approved by the City for a plan of use or development for a lot or lots may, as a result of conditions of the lot or lots such as wetlands, steep slopes, flooding, and other factors, be less than the maximum density established for the respective district.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(19) “Development agreement” means a written agreement, executed by the City and a property owner, establishing the conditions under which the approval for and construction of a development of land shall occur. A development agreement shall contain, at a minimum, the provisions required by the City’s guidelines.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(20) “Director of Law” means the Director of Law of the City of Aurora, Ohio.

(21) “Director of Planning and Zoning” means the Director of Planning and Zoning of the City of Aurora, Ohio.

(22) “District” or “Zoning district” means an area of the City, comprised of one lot or contiguous lots, within which the provisions of this Zoning Code governing structures and uses of land are uniform. Boundaries of the districts are shown on the Zoning Districts Map which is part of this Zoning Code.

a. “District, residential” means a district in which a dwelling is a permitted use and including those parts of a planned district, of the T-1 District or of an overlay district, which are approved for the construction of a dwelling or dwellings.

b. “District, commercial” means a district in which the predominant uses are retail sales or services, including any one of the following districts:

1. C-1, C-2, C-3; and

2. those parts of a planned district, of the T-1 District, or of an overlay district, which are approved for some or all of the permitted uses or conditional uses in the commercial districts.

c. “District, manufacturing” or “district, industrial” means the I-1 District.

d. “District, planned” means a district subject to the regulations of Chapter 1171. A planned district may include areas which are also referred to as “residential districts”, “commercial districts” or “manufacturing districts” due to the uses permitted.

e. “District, overlay” means a district which encompasses one or more underlying districts or parts thereof and which imposes additional requirements above those of the underlying zones. The T1 District is an overlay district.

(23) “Dwelling” mean a building which contains one or more dwelling units.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

a. “Dwelling unit”means one or more rooms within a building arranged, intended, designed and equipped for independent occupancy by a family, or by an individual or a group of individuals, for living or sleeping purposes and containing cooking, bathing, and toilet facilities for the exclusive use of the occupants. A room or rooms or a structure which does not comply with or has not been approved according to the occupancy regulations of the building and health codes effective in the City of Aurora shall not be deemed a dwelling unit.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

b. “Dwelling, one family” means a dwelling containing only one dwelling unit. Except where specifically described and permitted as an “attached one-family dwelling”, a one-family dwelling shall be completely detached and not physically connected to any other dwelling.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

c. “Dwelling, two family” means a dwelling containing only two dwelling units and not including attached one-family dwellings.”

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

d. “Dwelling, multi-family,” means a building arranged, intended or designed to contain three or more dwelling units, but which is similar in outline and design to a single-family or two-family dwelling.

(Ord. 2020-118. Passed 10-26-20.)

e. “Dwelling, clustered one family” means a one-family dwelling which is located on its own subdivided lot with yards which may be smaller than required by the underlying district requirements, or without yards, as approved in the development agreement.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

f. “Dwelling, attached one-family” means a one-family dwelling which is structurally attached at its side or sides to one or two other one-family dwellings, separated from the attached dwelling(s) by a party wall without openings extending from the basement floor to the roof, and having a separate ground floor entrance, service connections, and an attached garage.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(24) “Family” means one or more persons related by marriage, adoption or blood.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(25) “Fence” means an accessory structure composed of wood, iron, steel, vinyl, or other material (not including shrubbery or other natural growth) erected in such a manner and positioned to enclose or partially enclose any lot or part of any lot. Trellises or other structures supporting or for the purpose of supporting vines, flowers, or other vegetation when erected in such position as to enclose any lot or part thereof shall be included within the definition of “fence.” Structures which have an ornamental purpose and which do not serve the purpose of enclosing a lot or part thereof, and which are not erected on lot lines or in close proximity to lot lines, shall not be included in the definition of “fence”.

(26) “Floodway” means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height. Such areas shall be determined by reference to the Flood Insurance Rate Maps for the City of Aurora or by other studies or methods approved by the City.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(27) “Floor area” means the sum of the gross horizontal floor areas of a building, as measured from the outside of the exterior walls. The following are excluded from calculation of the floor area of a dwelling: unfinished basement, non-habitable attic, garage, and unenclosed space such as covered exterior steps, porch, or breezeway.

(28) “Frontage” means the distance for which the front line of a lot and the road right- of-way line are coincident.

(29) “Garage” means a building or part thereof accessory to a principle building and designed for the storage of automobiles.

(30) “Gasoline service station” means any area of land, including any structure or structures thereon, that is or are used or designed to be used for the supply of gasoline or oil or other fuel for the propulsion of vehicles. The term does not include within its meaning uses such as retail sales, auto wash, or auto repair.

(31) “Height” means, generally, the vertical distance between the ground on which an object is located and that point on the object which is most distant from the ground, as further modified by the definitions below:

a. “Building height” means the vertical dimension measured from the average elevation of the finished lot grade at the front wall or walls of the building to:

1. On a sloped roof, including a gable, shed, gambrel, or hip roof, the average height between the plate and ridge;

2. On a flat roof, the highest point of the roof, not including parapet walls;

3. On a mansard roof, the height of the deck line.

All of the above points of building height measurement include the height of any equipment or structures attached to the roof, except as otherwise provided in this Code.

(32) “Home occupation” means an activity, profession, occupation, service, craft, or revenue-producing hobby 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 for dwelling purposes and which does not change the character thereof.

(33) “Hotel”. See “Motel”.

(34) “Institution” or “institutional use” means a non-profit, religious, or public use such as a church or other place of worship, civic, educational, fraternal, religious, philanthropic, or a government-owned or operated building, structure, or land used for public purpose.

(35) “Intersection” means the point at which the right-of-way lines of two roads meet or, where the right-of-way lines join in a curved corner, the point at which the straight line extensions of the right-of-way lines meet.

(36) “Landscaping” means grasses, ground covers, vines, shrubs, trees and inanimate durable material such as organic mulches and decorative features such as sculpture, patterned walks, fountains, and pools.

(37) “Loading space” means an off-street space or berth on the same lot with a building or use for the temporary parking of a vehicle while loading or unloading merchandise or materials.

(38) “Lot” means a parcel of land recorded as a single property occupied or capable of being occupied by one or more buildings and accessory buildings or uses, including the yards and open spaces required by this Zoning Code.

a. “Lot, corner” means a lot at the point of intersection of and abutting on two or more intersecting roads, the angle of intersection being not more than one hundred thirty-five (135) degrees.

b. “Lot coverage” means the area of a lot which is covered by the enclosed and unenclosed ground floor areas of the buildings and other structures on a lot, expressed as a percentage.

c. “Lot, depth of” means the horizontal distance between the front lot line and the rear lot line measured on a line half way between the side lot lines.

d. “Lot, interior” means a lot which abuts another lot or lots along the full length of its side and rear lot lines.

e. “Lot, nonconforming” means a lot which does not conform with the lot area, lot width, or lot depth requirements of the district in which it is located.

f. “Lot line” means a legally-defined line dividing one lot from another or from a road.

1 “Lot line, front” means the lot line separating a lot from a road right-of-way. For a corner lot, the front lot line shall be one lot line specified by the Planning Commission in approval of a subdivision plat or by the Director of Planning and Zoning.

2 “Lot line, rear” means the lot line opposite and most distant from the front lot line. In the case of a triangular or otherwise irregularly shaped lot, the rear lot line shall be a line ten (10) feet in length entirely within the lot, parallel to and at a maximum distance from the front lot line.

3 “Lot line, side” means any lot line other than the front or rear lot line.

g. “Lot of record” means a lot which is part of a subdivision, the plot of which has been recorded in the Office of the Register of Deeds of Portage County, or a lot described by metes and bounds, the deed to which has been recorded in the Office of the Register of Deeds of Portage County.

h. “Lot, width of” means the horizontal distance between side lot lines measured at the front setback line.

(39) “Mayor” means the Mayor of the City of Aurora, Ohio.

(Ord. 2000-143. Passed 6-26-00.)

(40) "Medical Marijuana Dispensaries" means any business, entity, non-profit, building, structure, or land used for the sale or distribution of Medical Marijuana.

(41) "Medical Marijuana Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof for any purpose.

(42) "Medical Marijuana Processing" means drying, curing, trimming, or otherwise converting harvested marijuana into useable marijuana and marijuana-infused products, and extracts concentrates, or involves the mechanical and/or chemical processing by any person or entity.
(Ord. 2016-117. Passed 10-24-16.)

(43) “Motel” or “Hotel” means an establishment providing lodging accommodations to the traveling public for compensation. The terms “motel” and “hotel” do not include within their meaning lodging accommodations which would more typically be defined as “bed-and-breakfast”, “rooming house”, or “boarding house.”

(44) “Open space” means an area of land which is in its natural state, or is developed only for the raising of agricultural crops or for passive types of outdoor recreation such as walking, bicycling, and the enjoyment and observation of nature.

a. “Open space, restricted” means land area within a residential conservation development which is preserved in a natural condition, or in an approved post-development condition, as approved by the City and as controlled by the provisions of this ordinance, provisions of the applicable development agreement, and by any easements or other legal controls upon the land approved by the City.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(45) “Organization or Association” means a non-profit or not-for-profit activity promoting the membership interests including:

(a) Business or professional organizations or associations;

(b) Labor unions or similar labor organizations;

(d) Political, charitable, or other non-profit membership associations.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(46) “ORC” is an abbreviation for and means the Ohio Revised Code.

(47) “Other public facilities” means any building, facility, or use which is publicly owned and which is not otherwise regulated by this Code.

(48) “Owner of record”, with respect to real property, means the person, corporation, partnership, or other legal entity, singular or plural, which is a record owner as recorded on the current tax rolls of the county. For condominium property, the term “owner” means the unit owners of the condominium collectively.

(49) “Parking” means the temporary storage of a vehicle for a period longer than required to load or unload persons or goods.

a. “Parking lot” means an off-street, ground-level area improved with pavement and used for the temporary storage of vehicles. For purposes of this Code, a parking lot shall not be included in the meaning of the term “structure” or “accessory structure”.

b. “Parking space” means an area within a parking lot or within a garage, exclusive of driveways, reserved for the temporary storage of one motor vehicle and connected with a road by a driveway.

c. “Parking, Off-Street” means parking located on a lot and not in the public right-of-way.

(50) “Party Center” means a building which is designed and used for rental of space for private parties, such as weddings and banquets, and for other events, such as meetings and training.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(51) “Pen” means an enclosure or fencing for the purpose of harboring or confining small animals.

(52) “Plan” means a drawing and associated texts, exhibits, or materials prepared to describe the intended nature and layout of uses and structures on a lot or lots or within a building.

a. “Landscape plan” means a plan for the installation or construction of landscaping as required by the Zoning Code or Subdivision and Site Development Regulations.

b. “Master Plan” means the long-range plan for the City as defined in the Charter.

c. “Site Plan”, “Site Plan, Preliminary”, and “Site Plan, Final” mean plans for the development of a site as required by the Zoning Code or Subdivision and Site Development Regulations.

d. “Development Plan” means a plan for the uses and improvements in a specific PD Planned Development District, approved as a condition of rezoning of the subject property.

(53) “Planning Commission” or “the Commission” means the Planning Commission of the City of Aurora as established by the Charter.

(54) “Pond and/or lake” includes all surface bodies or accumulations of standing water and all areas in which such bodies or accumulations of standing water are collected or are intended to be collected either temporarily or permanently including but not limited to ponds, lakes, retention or detention basins and reservoirs but not including swimming pools.

(55) “Public outdoor recreation facility” means a governmentally-owned and/or operated park, playground, swimming pool, tennis court, golf course or other governmentally-owned facility, together with accessory uses or structures, which provides space or facilities to the public for active or passive recreation, outdoor sports, or other outdoor activities, whether at no cost or for a fee.

(56) “Private outdoor recreation facility” means a privately-owned park, playground, swimming pool, tennis court, golf course or other privately-owned facility (other than a facility designed and used solely for the normal use of resident household and its guests) which provides space or facilities for active or passive recreation, outdoor sports, or other outdoor activities, whether at no cost or for a fee . A private outdoor recreation facility may include accessory uses or structures if approved by the Planning Commission.

(57) “Public recreation” means open space designated for use by the general public, without fee for use, for such activities as walking, bicycling, and the enjoyment and observation of nature.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(58) “Private recreation” means open space designated for use by the residents of a residential conservation development for such activities as walking, bicycling, the enjoyment and observation of nature, fishing, or picnicking.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(59) “Residential conservation development” means an area of land, developed with dwellings according to the terms of a development agreement and according to the provisions of the respective District for such use, and designed with the purpose of preserving open space, protecting wetlands or riparian areas, protecting high quality habitat, or protecting other natural, rural or agricultural characteristics of the area of land.
(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(60) “Riparian area” means that area contained between the stream banks or river banks. The banks shall be defined by the ordinary high water mark of the stream or river, also known as the bankfull stage of the stream or river channel, which may be indicated by changes in vegetation, slope, or bank materials, evidence of scouring, and stain lines. Documentation of the riparian area shall be as approved by the City.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(61) “Road” means an area of land intended for vehicular travel and which affords principle means of access to abutting property.

a. “Road, public” means an area of land which has been accepted by and dedicated or deeded to the City, State of Ohio, or federal government and which has been accepted by City Council for public use for vehicular travel which affords principle means of access to abutting property.

b. “Road, private”means an area of land which affords principle means of access to abutting property, but which has not been dedicated or deeded to the City, State of Ohio, or federal government.

c. “Road right-of-way line” means a line defining the limits of a public road right-of-way.

d. “Road, major” means a major road as defined and classified in the Subdivision and Site Development Regulations.

e. “Road, secondary” means a secondary road as defined and classified in the Subdivision and Site Development Regulations.

f. “Road, local” means a local road as defined and classified in the Subdivision and Site Development Regulations.

(62) “Senior housing” means residential facilities, such as a nursing home, rest home, assisted living facility, or independent living facility, designed for and restricted to occupancy by persons aged 62 years or older.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(63) “Setback” means the required minimum distance between a building and the related front, side, or rear lot line.

(64) “Setback line” means the line which is the required minimum distance from any lot line and that establishes the area within which the principal structure or structures must be erected or placed.

a. “Front setback line” means the required minimum distance from the front lot line and a principal structure.

b. “Side setback line” means the required minimum distance from the side lot line and a principal structure.

c. “Rear setback line”means the required minimum distance from the rear lot line and a principal structure.
(Ord. 2000-143. Passed 6-26-00.)

(65) “Small animal” means an animal which, by contemporary community standards, is considered to be a household pet and which is a species commonly housed within a dwelling designed and used for human occupation, including dogs, domestic cats, birds, fish, and rabbits.

(Ord. 2016-115. Passed 11-21-16.)

(66) “Small animal shelter” means a structure to be constructed, or pre-constructed, for the use of small animal housing.

(67) “Story” that portion of a building located between the surface of any floor and the surface of the floor next above it, or, if there is no floor above it, then the space between the floor and the ceiling next above it.

(68) “Structure” means anything constructed or erected on the ground, or attached to something having permanent location on the ground, including but not limited to buildings, signs, swimming pools, fences or walls but not including post-type structures such as flagpoles or basketball hoops.

a. “Structure, accessory” means a structure which is:

1. Clearly incidental to and customarily found in connection with a principal structure or use;

2. Subordinate to and serves a principal structure or a principal use;

3. Subordinate in area, extent or purpose to the principal structure or principal use served;

4. Contributes to the comfort, convenience or necessity of occupants, business, or industry in the principal structure or use served; and

5. Located on the same lot as the principal structure or use served.

b. “Structure, nonconforming” means a structure which does not conform with the requirements for height, floor area, setback, or other requirements applicable to a structure in the district in which it is located.

(69) “Structural alterations” means any change in the supporting members of a building such as bearing walls, columns, beams or girders, or any substantial changes in the roof and exterior walls.

(70) “Subdivision Regulations” or “Subdivision and Site Development Regulations” means the Subdivision and Site Development Regulations of the City of Aurora, codified as Title One of Part Eleven - Planning and Zoning Code.

(71) “Swimming pool” means any artificial or semi-artificial basin or tank, either in- ground or above-ground, permanently constructed or portable, including all equipment, piping, structures, and appurtenances, having a water depth of more than eighteen inches (18"), intended to be used solely for swimming, diving, wading, recreational bathing or other enjoyment by the residents and/or guests of the property on which it is located.

(Ord. 2005-111. Passed 8-22-05.)

(72) “Tank storage” means, in reference to petroleum products, a closed vessel for the storage of liquid hydrocarbon substances at atmospheric pressure.

(73) “Use” means a purpose or activity for which land or a building or other structure thereon is designed, arranged, or intended or for which it is actually maintained or used.

a. “Accessory use” means a use customarily incidental and subordinate to the principle use, located on the same lot or premises as the principle use.

b. “Principal use” means a use which is the dominant or main activity or use of a lot and structures thereon.

c. “Permitted use” means a use which is authorized to be established in a district provided that it otherwise complies with the provisions of this code for all permitted uses in the subject district.

d. “Conditional use” means a use which, due to certain characteristics of the use or potential for impact upon the district, may only be established subsequent to approval of a conditional zoning certificate.

e. “Use, nonconforming” means a use of land which does not conform to the use regulations of the district in which it is located.

(74) Utility” means any person, firm, corporation, governmental agency or board, but not including the City of Aurora, authorized to furnish and furnishing, to the public, electricity, gas, steam, telephone, telegraph, cable television or other cable transmission, wireless telecommunications, transportation or water, or other services or facilities by means of facilities, equipment, or other appurtenant structures located on a lot or lots outside of the public right-of-way. “Appurtenant structure” means a structure associated with the operation of a utility such as a pipe, wire, track, tower, building, tank, other equipment (mechanical, electrical. electronic), transit stop, bus stop, accessory parking lot, or other transportation structure, for the purpose of collecting or transmitting potable water, sanitary sewage, gas, electricity, electronic communications (radio, telephone, television), or for public transportation of persons, freight, or cargo or for other purposes associated with the business of the utility.

(75) “Variance” means permission, granted by the Board of Zoning Appeals, to depart from one or more of the literal requirements of this Code, typically as a means of relief from the practical difficulty of complying with the Code on a property which exhibits unusual conditions. Chapter 1139 provides specific procedures and standards for the granting of a variance.

(76) “Vehicle” means anything on wheels or runners, including motorized bicycles, but not including vehicles operated exclusively on rails or tracks or from overhead trolley wires and not including vehicles of a police department, fire department, and vehicles used by such department in the discharge of its functions.

a. “Commercial vehicle” means a passenger car or other motor vehicle which is used for purposes of engaging in business for profit.

b. “Recreational vehicle” means a travel trailer, motor home, truck camper, fifth-wheel trailer, or park trailer (as defined by the Ohio Revised Code), or a boat, (defined as a vehicle designed or used for transporting persons or property on the water).

(77) “Wetland” means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs, and similar areas. The three criteria that must exist on a site for an area to be designated a wetland are hydric soils, hydrophytic vegetation, and wetland hydrology as specified by the regulations implemented by the U.S. Corps of Engineers and the Ohio Environmental Protection Agency.

(Ord. 1999-156. Passed 7-26-99. Approved by voters 11-2-99.)

(78) “Yard” means an area of land located between a lot line and the principal building on a lot, and which area is unoccupied and unobstructed from the ground upward except as specifically provided in this code.

a. “Yard, Front” means the area of land extending the full width of the lot and bounded by the front lot line, the side lot lines, and the front line of the principal building extended to the side lot lines.

b. “Yard, Rear” means the area of land extending across the full width of the lot and bounded by the rear lot line, the side lot lines, and the rear line of the principal building extended to the side lot lines.

c. “Yard, Side” means the area of land bounded by the side lot line, the front line of the principal building extended to the side lot line, the rear line of the principal building extended to the side lot line, and the side line of the principal building.

(Ord. 2001-200. Passed 8-27-01.)

(79) “Zoning Code” or “this Code” means Ordinance 2000-143, passed June 26, 2000, as amended, codified herein as Title Three of Part Eleven of the Code of Ordinances of the City of Aurora - Planning and Zoning Code.

(80) “Zoning Inspector” means the Zoning Inspector of the City of Aurora.

(Ord. 2000-143. Passed 6-26-00.)

1133.03 DEFINITIONS FOR CHAPTER 1157: RIPARIAN AREAS AND WETLANDS.

(1) Damaged or Diseased Trees” means trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a structure.

(2) “Federal Emergency Management Agency” or “FEMA” means the agency with overall responsibility for administering the National Flood Insurance Program.

(3) “Impervious cover” means any surface that cannot effectively absorb or infiltrate water. This may include roads, roads, parking lots, rooftops, sidewalks and other areas not covered by vegetation.

(4) “Natural succession” means a gradual and continuous replacement of one kind of plant and animal group by a more complex group. The plants and animals present in the initial group modify the environment though their life activities thereby making it unfavorable for themselves. They are gradually replaced by a different group of plants and animals better adapted to the new environment.

(5) Noxious weed” means any plant species defined by the Ohio Department of Agriculture as a “noxious weed” and listed as such by the Department. For the purposes of this ordinance, the most recent version of this list at the time of application of this regulation shall prevail.

(6) “100-Year floodplain” means any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. For the purposes of this ordinance, the 100-year floodplain shall be defined by FEMA or a site-specific floodplain delineation in conformance with standard engineering practices and approved by the City.

(7) “Ordinary high water mark” means the point of the bank or shore to which the presence and action of surface water is so continuous as to leave a district marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.

(8) "Riparian setback area” means a naturally vegetated area located adjacent to watercourses that, if appropriately sized, stabilizes banks, limits erosion, reduces flood size flows and/or filters and settles out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

(9) "Riparian setback” means those areas of the City defined by the criteria set forth in Section 1157.01(c).

(10) “Qualified forester” means any forester employed by the Ohio Department of Natural Resources, Division of Forestry or any person attaining the credential of Certified Forester as conferred by the Society of American Foresters.

(11) “Watercourse” means any natural, perennial or intermittent, public stream, river or brook ( but not an ephemeral stream) with a defined bed and bank that is contained within, flows through, or borders the City.

a. “Intermittent stream” means a natural watercourse that may have some water in pools but where surface flows are non-existent or interstitial for periods of one week or more during typical summer months.

b. “Perennial stream” means a natural watercourse that contains water throughout the year except possibly during periods of extreme drought.

(12) “Wetland” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

a. “Category 2 Wetland” means a wetland classified by the Ohio Environmental Protection Agency as Category 2 wetland under OAC3745-1-54(C)(2), in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA.

b. “Category 3 Wetland” means a wetland classified by the Ohio Environmental Protection Agency as Category 3 wetland under OAC3745-1-54(C)(3), in accordance with generally accepted wetland functional assessment methods acceptable to the U.S. Army Corps of Engineers and Ohio EPA.

(13) "Wetland setback” means those areas of the City defined by the criteria set forth in Section 1157.02(c).

(Ord. 2000-143. Passed 6-26-00; Ord. 2001-44. Passed 3-12-01.)

1133.04 DEFINITIONS FOR CHAPTER 1159 SIGNS. (REPEALED)

EDITOR’S NOTE: Former Section 1133.04 was repealed by Ordinance 2014-102.

1133.05 DEFINITIONS FOR CHAPTER

The following definitions apply to the terms and phrases used in Chapter 1165.

(1) “Alternative tower structure” means man-made trees, clock towers, bell steeples, light poles and similar alternative design mounting structures that camouflage or conceal the presence of antennas or towers.

(2) “Antenna” means any exterior transmitting or receiving device mounted on a tower, building or structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies (excluding radar signals, wireless telecommunications signals or other communication signals

(3) “Backhaul network” means the lines that connect a provider’s towers/cell sites to one or more cellular telephone switching offices, and/or long distance providers, or the public switched telephone network

(4) “FAA” means the Federal Aviation Administration.

(5) “FCC” means the Federal Communications Commission.

(6) “Height” means, when referring to a tower or other structure, the distance measured from the finished grade of the parcel to the highest point on the tower or other structure, including the base pad and any antenna.

(7) “Pre-existing towers and pre-existing antennas” means any tower or antenna for which a building permit or site plan approval has been approved prior to the effective date of this chapter, including permitted towers or antennas that have not yet been constructed so long as such approval is current and not expired.

(8) “Tower” means any structure that is designed and constructed primarily for the purpose of supporting one or more antennas for telephone, radio and similar communication purposes, including self-supporting lattice towers, guyed towers, or monopole towers. The term includes radio and television transmission towers, microwave towers, common-carrier towers, cellular telephone towers, alternative tower structures, and the like. The term includes the structure and any support thereto.

(Ord. 2000-143. Passed 6-26-00.)

1133.06 DEFINITIONS FOR CHAPTER

The following definitions apply to the terms and phrases used in Chapter 1167.

(1) “Adult arcade” means any place to which the public is permitted or invited wherein coin-operated or slug-operated or electronically, electrically, or mechanically controlled still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of “specified sexual activities” or “specified anatomical areas”.

(2) “Adult bookstore” or “adult video store” means a commercial establishment which utilizes twenty-five percent (25%) or more of its retail selling area for the purpose of sale or rental for any form of consideration any one of more of the following:

(a) Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe “specific sexual activities” or “specified anatomical areas”; or

(b) Instruments, devices or paraphernalia which are designed for use in connection with “specified sexual activities”.

(3) “Adult cabaret” means a nightclub, bar, restaurant, or similar commercial establishment which regularly features:

(a) Persons who appear in the state of nudity; or

(b) Live performances which are characterized by the exposure of “specified anatomical areas” or by “specified sexual activities”; or

(c) Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”.

(4) “Adult motels” means a hotel, motel or similar commercial establishment which:

(a) Offers accommodations to the public for any form of consideration; provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproduction which are characterized by the depiction or description of “specified sexual activities” or “specified anatomical areas”; and has a sign visible from the public right-of-way which advertises the availability of this adult type of photographic reproductions; or

(b) Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

(c) Allows a tenant or occupant of a sleeping room to sub-rent the room for a period of time that is less than ten (10) hours.

(5) “Adult motion picture theater” means a commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of “specified sexual activities” or “specific anatomical areas”.

(6) “Adult theater” means a theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of “specified sexual activities” or “specified anatomical areas”.

(7) “Chief of Police” means the chief of police of the City or his designated agent.

(8) “Escort” means a person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease for another person.

(9) “Escort agency” means a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes, for a fee, tip or other consideration.

(10) “Establishment” means and includes any of the following:

(a) The opening or commencement of any sexually oriented business as a new business;

(b) The conversion of an existing business, whether or not a sexually oriented business, to any sexually oriented business;

(d) The relocation of any sexually oriented business.

(11) “Licensee” means a person whose name a license to operate a sexually oriented business has been issued, as well as the individual listed as an applicant on the application for a license.

(12) “Nude model studio” means any place where a person who appears in a state of nudity or displays “specified anatomical areas” is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons who pay money or any form of consideration.

(13) “Operates” or “causes to be operated” means to cause to function or to put or keep in operation. A person may be found to be operating or causing to be operated a sexually oriented business whether or not that person is an owner, part owner, or licensee of the business.

(14) “Nudity” or a “state of nudity” means:

(a) The appearance of a human bare buttock, anus, male genitals, female genitals, or female breast; or

(b) A state of dress which fails to opaquely cover a human buttock, anus, male genitals, female genitals, or areola of the female breast.

(15) “Person” means individual, proprietorship, partnership, corporation, association, or other legal entity.

(16) “Residential district” means a single family, duplex, townhouse, multiple family or mobile home zoning district.

(17) “Residential use” means a single family, duplex, multiple family, or mobile home park, mobile home subdivision, and campground use.

(18) “Semi-nude” means a state of dress in which clothing covers no more than the genitals, pubic region, and areolae of the female breast, as well as portions of the body covered by supporting straps or devices.

(19) Sexual encounter center” means a business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

(a) Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

(b) Activities between male and female persons and/or persons of the same sex when one or more of the persons is in the state of nudity or semi-nude.

(20) “Sexually oriented business” means an adult arcade, adult bookstore or adult video store, adult cabaret, adult motel, adult motion picture theater, adult theater, escort agency, nude model studio, sexual encounter center.

(21) “Specified anatomical areas” mean human genitals in a state of sexual arousal.

(22) “Specified sexual activities” means and includes any of the following:

(a) The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

(b) Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, or sodomy;

(d) Excretory functions as part of or in connection with any of the activities set forth in (1) through (3) above.

(23) “Substantial enlargement” of a sexually oriented business means the increase in floor area occupied by the business by more than twenty-five percent (25%), as the floor area exists on May 1, 1998.

(24) “Transfer of ownership or control” of a sexually oriented business means and includes any of the following:

(a) The sale, lease, or sublease of the business;

(b) The transfer of securities which constitute a controlling interest in the business, whether by sale, exchange, or similar means; or

(c) The establishment of a trust, gift, or other similar legal device which transfers the ownership or control of the business, except for transfer by bequest or other operation of law upon the death of the person possessing the ownership or control.

(Ord. 2000-143. Passed 6-26-00.)

1133.07 DEFINITIONS FOR CHAPTER 1173 EROSION AND SEDIMENT CONTROL.

The following definitions apply generally to the whole of the zoning and subdivision codes and specifically to Chapter 1173, Erosion and Sediment Control.

(a) “Abbreviated Storm Water Pollution Prevention Plan” means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(b) “Acre” means a measurement of area equaling 43,560 square feet.

(c) “Best Management Practices” means schedule of activities, prohibitions of practices, maintenance procedures, and other management practices (both structural and non-structural) to prevent or reduce the pollution of water resources and wetlands. Best management practices also include treatment requirements, operating procedures, and practices to control construction site runoff, spillage, or leaks; sludge or waste disposal; or drainage from raw material storage.

(d) “Community.” Throughout this regulation, this shall refer to the City of Aurora, its designated representatives, boards, or commissions.

(e) “Construction entrance” means the permitted points of ingress and egress to development areas regulated under this regulation.

(f) “Development area” means a parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

(g) “Disturbed area” means an area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

(h) “Drainage” (1) The area of land contributing surface water to a specific point. (2) The removal of excess surface water or groundwater from land by surface or subsurface drains.

(i) “Erosion” means the process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

(j) “Erosion and sediment control” means the control of soil, both mineral and organic, to minimize the removal of soil from the land surface and to prevent its transport from a disturbed area by means of wind, water, ice, gravity, or any combination of those forces.

(k) “Final stabilization” means all soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least 80% coverage for the area has been established or equivalent stabilization measures, such as the use of mulches or geotextiles, have been employed.

(l) “Landscape Architect” means a Professional Landscape Architect registered in the State of Ohio.

(m) “Larger common plan of development or sale” means a contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

(n) “Maximum extent practicable” means the level of pollutant reduction that site owners of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Storm Water Phase II, must meet.

(o) “NPDES”: National Pollutant Discharge Elimination System. A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

(p) “Parcel” means a tract of land occupied or intended to be occupied by a use, building or group of buildings and their accessory uses and buildings as a unit, together with such open spaces and driveways as are provided and required. A parcel may contain more than one contiguous lot individually identified by a ‘Permanent Parcel Number’ assigned by the Portage County Auditor’s Office.

(q) “Person” means any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof.

(r) “Phasing” means clearing a parcel of land in distinct sections, with the stabilization of each section before the clearing of the next.

(s) “Professional Engineer” means a Professional Engineer registered in the State of Ohio.

(t) “Rainwater and Land Development” means Ohio’s standards for storm water management, land development, and urban stream protection. The most current edition of these standards shall be used with this regulation.

(u) “Runoff” means the portion of rainfall, melted snow, or irrigation water that flows across the ground surface and is eventually conveyed to water resources or wetlands.

(v) “Sediment” means the soils or other surface materials that are transported or deposited by the action of wind, water, ice, gravity, or any combination of those forces, as a product of erosion.

(w) “Sedimentation” means the deposition or settling of sediment.

(x) “Setback” means a designated transition area around water resources or wetlands that is left in a natural, usually vegetated, state so as to protect the water resources or wetlands from runoff pollution. Soil disturbing activities in this area are restricted by this regulation.

(y) “Soil disturbing activity” means clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed and that may result in, or contribute to, erosion and sediment pollution.

(z) “Soil and Water Conservation District” means an entity organized under Chapter 1515 of the Ohio Revised Code referring to either the Portage County Soil and Water Conservation District Board or its designated employee(s).

(aa) “Stabilization” means the use of best management practices, such as seeding and mulching, that reduce or prevent soil erosion by water, wind, ice, gravity, or a combination of those forces.

(bb) “Storm Water Pollution Prevention Plan” means the written document that sets forth the plans and practices to be used to meet the requirements of this regulation.

(cc) “Unstable soils” means a portion of land that is identified by the City of Aurora Engineer as prone to slipping, sloughing, or landslides, or is identified by the U.S. Department of Agriculture Natural Resource Conservation Service methodology as having a low soil strength.

(dd) “Water resource” means any public or private body of water including lakes and ponds, as well as any brook, creek, river, or stream having banks, a defined bed, and a definite direction of flow, either continuously or intermittently flowing.

(ee) “Wetland” means those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas (40 CFR 232, as amended).
(Ord. 2005-016. Passed 4-11-05.)