Bedford Heights City Zoning Code
TITLE THREE
Zoning Code; General Provisions
1121.01 TITLE.
There is hereby established for the City a comprehensive Zoning Code which shall be known and may be cited as the Zoning Code of the City or just the Zoning Code. The Zoning Code shall consist of Titles Three through Thirteen of this Part Eleven - Planning and Zoning Code.
(Ord. 72-13. Passed 7-11-72.)
1121.02 PURPOSE AND SCOPE .
Council finds that it is necessary to further amend the Zoning Code heretofore adopted and amended (Ordinance 64-49, passed July 7, 1964, as amended), from time to time as well as to consolidate and coordinate the general overall planning of the City, after large areas have been taken for freeways, which has disturbed the former general plan, thereby making it necessary to provide a new overall comprehensive zoning plan as hereinafter set forth in order to regulate and direct the location of buildings and other structures and of premises to be used for residences, trade, industry, recreation and other specified uses; to regulate and limit the height of buildings and other structures hereafter erected or altered; to regulate the bulk and location of buildings or other structures hereafter erected or altered; to regulate the percentage of lot occupancy, setback building lines and area of yards, courts and open spaces; and for all of such purposes to divide the City into districts as hereinafter provided, of such number, shape and areas as are deemed best suited to carry out the provisions of this Zoning Code and to provide for their enforcement.
Further, the provisions of this Zoning Code are deemed necessary in order to encourage the most appropriate use of land; to conserve and stabilize the value of property; to provide adequate open spaces for light and air and to prevent and fight fires; to lessen congestion on streets; to facilitate provisions for community developments as well as civic and public requirements and to promote the public health, safety, convenience, comfort, prosperity and general welfare.
(Ord. 72-13. Passed 7-11-72.)
1121.03 INTERPRETATION OF STANDARDS.
In their interpretation and application, the provisions of this Zoning Code shall be held to be minimum requirements. Wherever this Zoning Code imposes a greater restriction than is imposed or required by other provisions of law or by other rules or regulations or ordinances, the provisions of this Zoning Code shall govern.
(Ord. 72-13. Passed 7-11-72.)
1121.04 SEPARABILITY.
This Zoning Code and the various titles, chapters, sections and paragraphs thereof are hereby declared to be separable. If any section, subsection, paragraph, sentence or phrase of this Zoning Code is adjudged unconstitutional or invalid by any court of competent jurisdiction, the remainder of this Zoning Code shall not be affected thereby.
(Ord. 72-13. Passed 7-11-72.)
1121.05 AUTHENTICATION; EFFECTIVE DATE,
The Clerk-Treasurer is hereby ordered and directed to certify the passage of this Zoning Code. This Zoning Code shall be effective thirty days after its passage.
(Ord. 72-13. Passed 7-11-72.)
1123.01 INTERPRETATION OF LANGUAGE.
Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code:
(a) Words used in the present tense include the future; the singular number includes the plural, and the plural the singular; the word “building” includes the word “structure”; and the word “used” and “occupied” includes “arranged, designed, constructed, altered, converted, rented, leased, or intended to be used.”
(b) The word “shall” is mandatory and not discretionary; the word "may" signifies a permissive or discretionary requirement; and the word “should” is a preferred requirement.
(c) The word "person" includes a firm, association, organization, partnership, trust, company, corporation, or similar entity, as well as an individual.
(d) The word “lot” includes the words “plot, zoning lot, and parcel.”
(e) The word “municipality” shall mean the City of Bedford Heights, Ohio.
(f) The word “City” shall mean the City of Bedford Heights, Ohio.
(g) The words “the Commission” or “Planning Commission” shall mean the City of Bedford Heights Planning Commission.
(h) The words “this Code” shall mean the Zoning Code of the City of Bedford Heights, Ohio.
(i) ORC shall mean the Ohio Revised Code. This Zoning Code cites specific code sections from the ORC, and while these code sections may change after the adoption of this Zoning Code, the intent of these referenced sections shall remain.
(j) Whenever a number of days are specified, days shall mean calendar days unless specifically noted otherwise.
(Ord. 2023-029. Passed 4-18-23.)
1123.02 ACCESSORY USE OR ACCESSORY STRUCTURE.
“Accessory use” or “accessory structure” means a use or structure subordinate to the principal use of a building or to the principal use of land and which is located on the same lot serving a purpose customarily incidental to the use of the principal building or land use, provided, however, that there shall be no “accessory use” or “accessory structure” without the prior establishment or construction of the principal use or building.
(Ord. 2023-029. Passed 4-18-23.)
1123.03 ADULT DAY CARE CENTER.
See Day Care Center, Adult.
(Ord. 2023-029. Passed 4-18-23.)
1123.04 ADVERTISING VEHICLE SIGN.
“Advertising vehicle sign” means a vehicle or trailer parked on a public right-of-way or private property so as to be seen from a public right-of-way, attached to which or located or painted thereon is any sign or advertising device for the basic purpose of providing advertisement of products or directing people to a business activity located on the same or nearby property or any other premise. Business vehicles, which contain typical business signage and which are actively used for business purposes, are not considered advertising vehicle signs.
(Ord. 2023-029. Passed 4-18-23.)
1123.05 AIRPORT.
“Airport” means any runway, landing area or other facility designed, used or intended to be used either publicly or privately by any person for the landing and taking-off of aircraft, including all necessary taxiways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.
(Ord. 2023-029. Passed 4-18-23.)
1123.06 ALLEY OR LANE.
“Alley” or “lane” means a public or private way not more than thirty (30) feet wide affording only secondary means of access to abutting property.
(Ord. 2023-029. Passed 4-18-23.)
1123.07 ANIMAL BOARDING FACILITY.
“Animal boarding facility” means a facility in which more than three (3) dogs or three (3) cats, or any combination thereof, over the age of four (4) months may be kept for boarding, breeding, safekeeping, placement, grooming, or sale. This facility includes a kennel. Such facilities may include outdoor runs or boarding facilities as an accessory use where permitted by this Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.08 ANIMAL HOSPITAL.
“Animal hospital” means a facility where domestic animals are given medical or surgical
treatment and the boarding of animals occurs only as an incidental use for not more than thirty (30) days. This facility may include outdoor runs or boarding facilities as an accessory use where permitted by this Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.09 ANTIQUE ESTABLISHMENT.
“Antique establishment” means any premises used for the sale or trading of articles of which eighty percent (80%) or more are over fifty (50) years old or have collectible value due to rarity or historical significance.
(Ord. 2023-029. Passed 4-18-23.)
1123.10 APARTMENT.
“Apartment” means a suite of rooms or a room in a multifamily building, arranged and intended for a place of residence of a single family or a group of individuals living together as a single housekeeping unit.
(Ord. 2023-029. Passed 4-18-23.)
1123.11 APARTMENT, EFFICIENCY.
“Efficiency apartment” means a dwelling unit in a multifamily building consisting of not more than one habitable room, together with a kitchen or kitchenette and sanitary facilities.
(Ord. 2023-029. Passed 4-18-23.)
1123.12 APARTMENT BUILDING.
See Dwelling, Multifamily.
(Ord. 2023-029. Passed 4-18-23.)
1123.13 APARTMENT HOTEL.
“Apartment hotel” means an apartment building or apartment house which furnishes services for the use of its tenants which are ordinarily furnished by hotels.
(Ord. 2023-029. Passed 4-18-23.)
1123.14 APARTMENT HOUSE.
See Dwelling, Multifamily.
(Ord. 2023-029. Passed 4-18-23.)
1123.15 ARTISAN FOOD PRODUCTION.
“Artisan food production” means facility typically operated by a single business entity for the production of small-scale, hand-crafted specialty food and beverage products for on and/or offsite sales and consumption. May include wholesale and/or retail sales.
(Ord. 2023-029. Passed 4-18-23.)
1123.16 ARTISAN INDUSTRIAL.
“Artisan industrial” means the production and assembly of finished products or component parts, typically by hand, and including design, processing, fabrication, assembly, treatment, and packaging of finished products. Typical artisan manufacturing trades include, but are not limited to: printmaking; leather products; jewelry and clothing/apparel; metal work; woodwork; furniture; soap making; and glass or ceramic production. Artisan manufacturing differs from other forms of manufacturing as it is substantially limited in the scale of production, may include some retail sales with accompanying showrooms, and is controlled in a manner such that it shall not cause noise, odor, or detectable vibration onto any neighboring property. Artisan industrial shall not include the Micro Production of Alcohol.
(Ord. 2023-029. Passed 4-18-23.)
1123.17 ARTIST STUDIO.
“Artist studio” means a place of work for an artist, artisan, or craftsperson, including persons engaged in the application, teaching, or performance of fine arts such as, but not limited to drawing, vocal or instrumental music, painting, sculpture, and writing. An artist’s studio may include the dwelling unit of the artist.
(Ord. 2023-029. Passed 4-18-23.)
1123.18 ASPHALT MANUFACTURING OR REFINING.
“Asphalt manufacturing or refining” means an industrial facility used for the production of asphalt or concrete, or asphalt or concrete products, used in building or construction, and includes facilities for the administration or management of the business, the stockpiling or quarrying of bulk materials used in the production process or of finished products manufactured on the premises and the storage and maintenance of required equipment, but does not include the retail sale of finished asphalt or concrete products.
(Ord. 2023-029. Passed 4-18-23.)
1123.19 ATTIC.
“Attic” means that space situated partly or wholly immediately below a sloping roof.
(Ord. 2023-029. Passed 4-18-23.)
1123.20 ASSEMBLY HALL.
“Assembly hall” means an establishment providing meeting space for social gatherings, including but not limited to wedding receptions, graduations parties and business or retirement functions. This term includes, but is not limited to, a banquet hall or rental hall.
(Ord. 2023-029. Passed 4-18-23.)
1123.21 ASSISTED LIVING FACILITY.
See Congregate Care Facility.
(Ord. 2023-029. Passed 4-18-23.)
1123.22 AUTOMOBILE REPAIR, MAJOR.
“Major automobile repair” means general repair, rebuilding or reconditioning of engines, motor vehicles or trailers; collision services, including body, frame or fender straightening or repair; overall painting or paint shop; vehicle steam cleaning.
(Ord. 2023-029. Passed 4-18-23.)
1123.23 AUTOMOBILE REPAIR, MINOR.
“Minor automobile repair” means incidental body or fender work; other minor repairs; painting and upholstering; and replacement of parts and motor service to passenger cars and trucks not exceeding one and one-half tons capacity, but not including any operation named under “Automobile Repair, Major” above, or any other similar operation.
(Ord. 2023-029. Passed 4-18-23.)
1123.24 AUTOMOBILE OR TRAILER SALES AREA.
“Automobile or trailer sales area” means an open area, other than a street, used for the display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.
(Ord. 2023-029. Passed 4-18-23.)
1123.25 AUTOMOBILE FUELING STATION.
“Automobile fueling station” means a building or other structure or a tract of land intended and used primarily for the retail sale of gasoline or other motor vehicle fuels and oils into vehicles as well as electric vehicle charging stations. Automobile fueling stations may also include the sale of prepackaged food and beverages and other convenience type items.
(Ord. 2023-029. Passed 4-18-23.)
1123.26 AUTOMOBILE SERVICE STATION.
“Automobile service station” means a building or other structure or a tract of land where electric vehicle charging stations are provided and/or gasoline or similar fluid, stored only in underground tanks, is dispensed directly to users of motor vehicles. The following activities are permitted as accessory uses to an automobile service station: the dispensing of oil, greases, antifreeze, and automobile accessories directly to users of motor vehicles; tuning motors, minor wheel and brake adjustment, waxing and polishing and other minor servicing and repair to the extent of installation of the items enumerated above; washing of automobiles provided that no chain conveyor, blowers, steam cleaner or other mechanical device is employed. All other activities shall be prohibited, including, but not limited to, upholstering work, auto glass work, painting, welding, tire recapping, auto dismantling and auto sales.
(Ord. 2023-029. Passed 4-18-23.)
1123.27 AUTOMOBILE WASH OR AUTOMATIC CAR WASH.
“Automobile wash” or “automatic car wash” means a building or structure where chain conveyors, blowers, steam cleaners and/or other mechanical devices are employed for the purpose of washing motor vehicles.
(Ord. 2023-029. Passed 4-18-23.)
1123.28 AUTOMOBILE WRECKING.
“Automobile wrecking” means the dismantling or disassembling of used motor vehicles or trailers, or the storage, sale or dumping of dismantled, partially dismantled, obsolete or wrecked vehicles or their parts.
(Ord. 2023-029. Passed 4-18-23.)
1123.29 BANK; FINANCIAL INSTITUTION.
“Bank; Financial Institution” means an establishment providing retail banking, credit and mortgage services as well as fiduciary activities.
(Ord. 2023-029. Passed 4-18-23.)
1123.30 BASEMENT.
“Basement” means a story whose floor is more than twelve (12) inches, but not more than half of its story height, below the average level of the adjoining ground.
(Ord. 2023-029. Passed 4-18-23.)
1123.31 BEGINNING OF CONSTRUCTION.
“Beginning of construction” means the incorporation of labor and material within the walls of the building or buildings.
(Ord. 2023-029. Passed 4-18-23.)
1123.32 BERM.
“Berm” means a linear mound of earth designed to provide visual interest, screen undesirable views, buffer adjacent uses, and/or decrease noise. The height of a berm shall be measured from the average natural grade at the base of the berm.
(Ord. 2023-029. Passed 4-18-23.)
1123.33 BILLBOARD
See Chapter 1179, Sign Regulations.
(Ord. 2023-029. Passed 4-18-23.)
1123.34 BLOCK.
In describing the boundaries of a district the word “block” refers to the legal description. In all other cases, the word “block” refers to the property abutting on one side of a street between two intersecting streets, or between a street and a railroad right of way or watercourse.
(Ord. 2023-029. Passed 4-18-23.)
1123.35 BOARD.
“Board” means the Board of Zoning and Building Code Appeals of the City, unless the context indicates that a different board is referred to. The Board of Zoning and Building Code Appeals and the Board of Zoning Appeals shall be synonymous.
(Ord. 2023-029. Passed 4-18-23.)
1123.36 BOARD OF EMBALMERS AND FUNERAL DIRECTORS.
“Board of Embalmers and Funeral Directors” means the Board appointed by the Governor whose duties include the transaction of the business and management of the affairs of the Board of Embalmers and Funeral Directors and Crematory Review Board, and the administration and enforcement of ORC Chapter 4717. The Board is also responsible for the licensing of: embalmers, funeral directors, operation of funeral homes, operation of embalming, and licensing and operation of crematory facilities.
(Ord. 2023-029. Passed 4-18-23.)
1123.37 BOARDING OR LODGING HOUSE.
“Boarding house” or “lodging house” means a dwelling or part thereof where meals and/or lodging are provided, for compensation, for four or more persons not transients, but not exceeding twelve (12) persons. An establishment where meals are served for compensation for more than twelve (12) persons shall be deemed a restaurant.
(Ord. 2023-029. Passed 4-18-23.)
1123.38 BREWPUB.
“Brewpub” means a restaurant that prepares handcrafted natural beer as an accessory use intended for consumption on the premises. Production capacity shall be limited to not more than 5,000 barrels per year.
(Ord. 2023-029. Passed 4-18-23.)
1123.39 BUILD-TO-ZONE (BTZ).
“Build-to-Zone (BTZ)” means a build-to zone (BTZ) is the area on a lot, measured parallel from the front and/or corner side lot line, where a structure must locate within the minimum and maximum range of setback provided. The building facade must be located within the build-to-zone. Facade articulation, such as window or wall recesses and projections are not counted as the building façade line, which begins at the applicable façade wall.
(Ord. 2023-029. Passed 4-18-23.)
1123.40 BUILDING.
“Building” means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals, or property. When such a structure is divided into separate parts by one or more unpierced walls extending from the ground up to the roof, each part is deemed a separate building, except as regards minimum side yard or minimum setback requirements as hereinafter provided.
(Ord. 2023-029. Passed 4-18-23.)
1123.41 BUILDING, HEIGHT OF.
“Height of building” means the vertical distance from the average contact ground level at the front wall of the building, to the highest point of the coping of a flat roof, or to the deck line of a mansard roof, or to the mean height level between eaves and ridge for gable, hip or gambrel roofs.
(Ord. 2023-029. Passed 4-18-23.)
1123.42 BUILDING LINE OR SETBACK LINE.
“Building line” or “setback line” means the line beyond which no building or part thereof shall project, except as otherwise provided by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.43 BUILDABLE LOT AREA.
“Buildable lot area” means that part of the lot not included within the open areas as required by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.44 BUILDING MATERIAL SUPPLY AND STORAGE YARD.
“Building material supply and storage yard” means an establishment engaged in selling and storing lumber and a general line of building materials.
(Ord. 2023-029. Passed 4-18-23.)
1123.45 CALIPER.
“Caliper” means the American Association of Nurserymen standard for trunk measurement of nursery stock. Caliper of the trunk shall be taken at diameter-at-breast-height.
(Ord. 2023-029. Passed 4-18-23.)
1123.46 CAR WASH.
“Car wash” means a building or enclosed area that provides facilities for washing and cleaning motor vehicles, which may employ hand labor or may be an “automobile wash” or “automatic car wash.”
(Ord. 2023-029. Passed 4-18-23.)
1123.47 CELLAR.
“Cellar” means a story, the floor of which is more than one-half of its story height below the average contact ground level at the exterior walls of the building. A cellar shall be counted as a story, for the purpose of height regulations, only if used for dwelling purposes other than by a janitor or caretaker employed on the premises.
(Ord. 2023-029. Passed 4-18-23.)
1123.48 CEMETERY.
“Cemetery” means land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbari, crematories, mausoleums and mortuaries if operated in connection with, and within the boundaries of, such cemetery.
(Ord. 2023-029. Passed 4-18-23.)
1123.49 CHILD DAY CARE CENTER.
See Day Care Center, Child.
(Ord. 2023-029. Passed 4-18-23.)
1123.50 CITY.
“City” means the incorporated City of Bedford Heights, Ohio.
(Ord. 2023-029. Passed 4-18-23.)
1123.51 CITY BUILDING COMMISSIONER.
“City Building Commissioner” means the Building Commissioner of the City and all persons assisting or succeeding him, by whatever title known, in the duties and powers provided for him by this Zoning Code. The terms Building Commissioner and Zoning Inspector shall be synonymous.
(Ord. 2023-029. Passed 4-18-23.)
1123.52 CITY ENGINEER.
“City Engineer” or “Engineer” means the Municipal Engineer of the City.
(Ord. 2023-029. Passed 4-18-23.)
1123.53 CLUB.
“Club” means a nonprofit association of persons who are bona fide members, paying regular dues, and are organized for some common purpose, but not including a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.
(Ord. 2023-029. Passed 4-18-23.)
1123.54 COMMERCIAL KITCHEN.
“Commercial kitchen” means a kitchen that is required because of the nature of the cooking or food preparation activities to have commercial food heat-processing equipment, such as compensating hoods, grease filters, kitchen hoods, and similar types of equipment, which is not located in a private residence. In such facilities, food is processed or otherwise prepared, primarily for off-site consumption and/or sales and may operate as a shared facility where multiple individuals or businesses lease shared space or may be used by a single operator.
(Ord. 2023-029. Passed 4-18-23.)
1123.55 COMMERCIAL MOTOR VEHICLE.
“Commercial motor vehicle” means any motor vehicle, trailer, or semi-trailer designed or used to carry freight, passengers for a fee, or merchandise in the furtherance of any commercial enterprise and having a gross weight of more than 10,000 pounds.
(Ord. 2023-029. Passed 4-18-23.)
1123.56 COMMERCIAL RECREATION, INDOOR.
“Commercial recreation, indoor” means a facility primarily used for the indoor conduct of or participation in, recreational activities, and secondarily for the viewing of such activities. This term includes, but is not limited to, an indoor driving range, volleyball court, bowling alley, ice or roller skating rink, billiard hall, video game center, archery or shooting range, soccer field or basketball court. This term does not include a sports facility or a health club.
(Ord. 2023-029. Passed 4-18-23.)
1123.57 COMMISSION.
“Commission” or “Planning Commission” means the City Planning Commission of the City and all officers, boards or commissions succeeding by law to any of its powers or duties.
(Ord. 2023-029. Passed 4-18-23.)
1123.58 COMPOSTING FACILITY.
“Composting facility” means a facility where organic matter that is derived primarily from off-site is to be processed by composting and/or is processed for commercial purposes.
(Ord. 2023-029. Passed 4-18-23.)
1123.59 CONCRETE MANUFACTURING.
See Asphalt Manufacturing or Refining.
(Ord. 2023-029. Passed 4-18-23.)
1123.60 CONFERENCE CENTER.
“Conference center” means a facility used for conferences and seminars, with accommodations for sleeping, food preparation and eating, recreation, entertainment, resource facilities, meeting rooms, fitness and health center, and retail stores and services primarily for conference center guests.
(Ord. 2023-029. Passed 4-18-23.)
1123.61 CONGREGATE CARE FACILITY.
“Congregate care facility” means a residential facility that provides for the needs of individuals who are elderly or disabled. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or disabled, 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.62 CONTRACTOR’S FACILITY.
“Contractor’s facility” means an establishment used for the indoor repair, maintenance, or storage of a contractor’s vehicles, equipment, or materials and may include the contractor’s business office and the fabrication of building-related products.
(Ord. 2023-029. Passed 4-18-23.)
1123.63 CONVALESCENT OR REST HOME.
“Convalescent home” or “rest home,” means a structure designed or intended for the care of patients after they leave the hospital but before they are released from observation and treatment.
(Ord. 2023-029. Passed 4-18-23.)
1123.64 COUNCIL.
“Council” means the City Council of the City.
(Ord. 2023-029. Passed 4-18-23.)
1123.65 COURT.
“Court” means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which is enclosed on three (3) or more sides.
(Ord. 2023-029. Passed 4-18-23.)
1123.66 CREMATED REMAINS.
“Cremated remains” means all human remains recovered after the completion of the creation process, which may include the residue of any foreign matter such as casket materials, dental work or eyeglasses that were cremated with the human remains.
(Ord. 2023-029. Passed 4-18-23.)
1123.67 CREMATION.
“Cremation” means the technical process of using heat and flame to reduce human remains to bone fragments or ashes or any combination thereof. “Cremation” includes processing and may include the pulverization of bond fragments.
(Ord. 2023-029. Passed 4-18-23.)
1123.68 CREMATION CHAMBER.
“Cremation chamber” means the enclosed space within which cremation takes place.
(Ord. 2023-029. Passed 4-18-23.)
1123.69 CREMATORY.
“Crematory” means the building or portion of a building that houses the holding facility and the cremation chamber.
(Ord. 2023-029. Passed 4-18-23.)
1123.70 CREMATORY FACILITY.
“Crematory facility” means the physical location at which a cremation chamber is located and the cremation process takes place. It does not include an infectious waste incineration facility or a solid waste incineration facility.
(Ord. 2023-029. Passed 4-18-23.)
1123.71 CREMATORY FACILITY, OPERATOR.
“Operator of a crematory facility” means the sold proprietorship, partnership, corporation, limited liability company or other business entity responsible for the overall operation of a crematory facility.
(Ord. 2023-029. Passed 4-18-23.)
1123.72 CULTURAL INSTITUTION.
“Cultural institution” means an institution that displays or preserves objects of interest to the arts or sciences. This term includes, but is not limited to, a museum, art gallery, aquarium, or planetarium.
(Ord. 2023-029. Passed 4-18-23.)
1123.73 DAY CARE CENTER, ADULT.
“Day care center, adult” means a facility providing care for the elderly and/or functionally impaired adults in a protective setting for a portion of a twenty-four (24)-hour day. An adult day care center shall not include a convalescent home, hospital, or any other full-time care facility.
(Ord. 2023-029. Passed 4-18-23.)
1123.74 DAY CARE CENTER, CHILD.
“Day care center, child” means an establishment in which child care is provided for five (5) or more infants, pre-school children or school-age children outside of school hours in average daily attendance, other than children of the owner or administrator of the center, with or without compensation. This term includes, but is not limited to, a day nursery, nursery school, or other supplemental child care facility. This term does not include a family day care home as defined by the Ohio Revised Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.75 DEVELOPMENT PLAN.
“Development plan” means the site plan for one or more lots on which is shown the existing and proposed conditions of the lot, including topography, vegetation, drainage, floodplains, wetlands, and waterways; landscaping and open spaces; walkways; means of ingress and egress; circulation; utility services; structures and buildings; signs and lighting; berms, buffers, and screening devices; surrounding development; and any other information that reasonably may be required in order to an informed decision to be made by the approving authority.
(Ord. 2023-029. Passed 4-18-23.)
1123.76 DEVELOPMENT PLAN, FINAL.
“Development plan, final” means a map/plan and/or graphics prepared to scale depicting, in a more detailed manner, the development of a parcel of land, including but not limited to the location and relationship of structures, streets, driveways, recreation areas, parking areas, utilities, landscaping, buffering and screening, existing and proposed grading, walkways, and other site development information as related to a proposed development and as required by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.77 DEVELOPMENT PLAN, PRELIMINARY.
“Preliminary development plan” means a map/plan and/or graphics developed to indicate generally the location and general relationship between land uses, improvements, structures, circulation systems, landscaping, and design elements.
(Ord. 2023-029. Passed 4-18-23.)
1123.78 DIAGNOSTIC LABORATORY TESTING FACILITY.
“Diagnostic laboratory testing facility” means a facility offering diagnostic or pathological testing and analysis of blood, blood fluids, pathological specimens, DNA sampling and analysis, and any other diagnostic test generally recognized in the healthcare industry.
(Ord. 2023-029. Passed 4-18-23.)
1123.79 DIAMETER-AT-BREAST-HEIGHT (DBH).
“Diameter-at-breast-height” means the diameter of a tree trunk measured in inches at a height four and one-half (4.5) feet above ground. If a tree splits into multiple trunks below four and one-half (4.5) feet, the trunk is measured at its most narrow point below the split.
(Ord. 2023-029. Passed 4-18-23.)
1123.80 DISTRIBUTION AND FULFILLMENT CENTER.
“Distribution and fulfillment center” means a facility where goods or products are stored on-site temporarily for the purpose of delivery to a retailer or final destination. Such facilities may include automated systems, office space, and a pick and pack area to be used by employees for sorting and packaging goods and products for delivery from available, on-site inventory. Distribution and fulfillment centers do not include Warehouses or Retail Establishments with an accessory delivery component.
(Ord. 2023-029. Passed 4-18-23.)
1123.81 DISTRICT.
“District” means a portion of the territory of the City within which certain uniform regulations and requirements or various combinations thereof apply under the provisions of this Zoning Code. The term “R-District” means any Residence District.
(Ord. 2023-029. Passed 4-18-23.)
1123.82 DRIVE-THRU FACILITY.
"Drive thru facility" means a building, portion of a building or free-standing structure from which business is transacted directly with customers in a motor vehicle during such business transactions. The term drive thru shall also include a drive up or drive-in restaurant, but shall not include a “car wash,” “automobile fueling station,” or “automobile service station.”
(Ord. 2023-029. Passed 4-18-23.)
1123.83 DWELLING.
“Dwelling” means any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel or motel.
(Ord. 2023-029. Passed 4-18-23.)
1123.84 DWELLING, SINGLE-FAMILY.
“Single-family dwelling” means a building designed for and used exclusively for residence purposes by one family or housekeeping unit.
(Ord. 2023-029. Passed 4-18-23.)
1123.85 DWELLING, TWO-FAMILY.
“Two (2)-family dwelling” means a building designed for and used exclusively by two (2) separate families or housekeeping units.
(Ord. 2023-029. Passed 4-18-23.)
1123.86 DWELLING, MULTIFAMILY.
“Multifamily dwelling” means a building or portion thereof designed for and used by three (3) or more families or housekeeping units, each unit having a separate entrance.
(Ord. 2023-029. Passed 4-18-23.)
1123.87 DWELLING UNIT.
“Dwelling unit” means one room, or a suite of two (2) or more rooms, designed for or used by one (1) family for living and sleeping purposes and having only one kitchen or kitchenette.
(Ord. 2023-029. Passed 4-18-23.)
1123.88 DWELLING GROUP.
“Dwelling group” means a group of two (2) or more detached dwellings located on a parcel of land in one (1) ownership and having any yard or court in common.
(Ord. 2023-029. Passed 4-18-23.)
1123.89 DWELLING, ROW HOUSE OR TOWN HOUSE.
“Row house dwelling” or “town house dwelling” means a building designed for or occupied by three (3) or more families, living independently of each other, in units arranged in a row having party walls in common, with one family living on either side of a party wall, and each unit having at least two (2) separate outside entrances, and no entrance to a common hallway.
(Ord. 2023-029. Passed 4-18-23.)
1123.90 ELECTRIC VEHICLE CHARGING STATION.
“Electric vehicle charging station” means a public or private parking space that is served by battery charging station equipment that has as its primary purpose the transfer of electric energy by conductive or inductive means to a battery or other energy storage device in an electric vehicle. An electric vehicle charging station equipped with Level 1 or Level 2 charging equipment is a permitted accessory use to any principal permitted, restricted, or conditional use.
(Ord. 2023-029. Passed 4-18-23.)
1123.91 EQUIPMENT SALES/RENTAL/SERVICE FACILITIES.
“Equipment sales/rental/service facilities” means establishments primarily engaged in the sale or rental of tools, trucks, tractors, construction equipment, agricultural implements, trailers, and similar equipment, and the rental of recreational and commercial motor vehicles. This term includes incidental storage, maintenance, and servicing of such equipment.
(Ord. 2023-029. Passed 4-18-23.)
1123.92 ESSENTIAL SERVICES.
“Essential services” means the erection, construction, alteration or maintenance, by public utilities or Municipal or other governmental agencies, of underground or overhead gas, electrical, steam or water transmission or distribution systems, or collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such public utilities or Municipal or other governmental agencies or for the public health or safety or general welfare, but not including buildings.
(Ord. 2023-029. Passed 4-18-23.)
1123.93 ESTABLISHED GRADE.
“Established grade” means the elevation of the street curb as fixed by ordinance.
(Ord. 2023-029. Passed 4-18-23.)
1123.94 EXPERIENTIAL RETAIL ESTABLISHMENT.
“Experiential retail establishment” means an establishment providing small-scale entertainment services, as opposed to products, to the general-public that are less than 7,000 square feet in gross floor area.
(Ord. 2023-029. Passed 4-18-23.)
1123.95 FAMILY.
“Family” means one (1) individual or a number of individuals related by blood, adoption or marriage to the head of the household or to the spouse of the head of the household, and/or other relationships as provided hereinafter, living as a single housekeeping unit in a single dwelling unit, but limited to the following:
(a) Husband or wife of the head of the household.
(b) Children of the head of the household or of the spouse of the head of the household, provided each such child has no spouse or children residing with him or her.
(c) Father, mother, grandfather and grandmother of the head of the household, or of the spouse of the head of the household.
(d) A family may include those persons described in subsection (d)(1), (2) or (3) hereof, so long as such combination does not exceed two additional persons:
(1) Not more than one dependent married or unmarried child of the nominal head of the household or of the spouse of the nominal head of the household and the spouse and dependent children of such child. For the purpose of this subsection, a dependent child is one who has more than fifty percent (50%) of his total support furnished for him, his spouse and children, by the nominal head of the household and the spouse of the nominal head of the household, or
(2) Not more than two (2) additional persons not included within subsections (a) through (c) hereof, whether or not related in any manner to the head of the household or to the spouse of the household, provided such persons are at least eighteen (18) years of age, or
(3) Not to exceed two (2) persons under eighteen (18) years of age for whom the head of the household or the spouse of the head of the household, or a member of the family related by blood to such minor or minors, has been appointed the legal guardian by a court of competent jurisdiction.
(e) A family may consist of one individual.
(f) One (1) person shall be designated as head of the household. That person shall be the individual who customarily furnishes the greatest percentage of financial support to the maintenance of the family.
(Ord. 2023-029. Passed 4-18-23.)
1123.96 FARM.
“Farm” means a single plot of land of five acres or more and not zoned for commercial or industrial uses.
(Ord. 2023-029. Passed 4-18-23.)
1123.97 FENCING, ORNAMENTAL.
“Ornamental fence” means a fence constructed for its beauty or decorative effect and when viewed at a right angle, has not less than seventy-five percent (75%) 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 wrought iron fences, decorative steel fences, and aluminum fences
(Ord. 2023-029. Passed 4-18-23.)
1123.98 FOOD PRODUCTION FACILITY.
“Food production facility” means an establishment where food products or their ingredients intended for human consumption are prepared, processed, repacked, handled or manufactured, but not consumed. Such an establishment may also include areas for washing and storing utensils, equipment or other apparatuses that come into contact with foods or ingredients of foods.
(Ord. 2023-029. Passed 4-18-23.)
1123.99 FOOD TRUCK.
“Food truck” means a motorized or towed, self-contained, readily movable vehicle, which is designed and equipped to sell to the general public, beverages and/or food that is prepared or stored on the premises.
(Ord. 2023-029. Passed 4-18-23.)
1123.100 FOOD TRUCK STATION.
“Food truck station” means a facility for the overnight parking and cleaning of food trucks and may include a commercial kitchen.
(Ord. 2023-029. Passed 4-18-23.)
1123.101 FRONTAGE.
“Frontage” means all the property abutting on one side of a street between intersecting or intercepting streets, or between a street and a right of way, waterway, end of a dead-end street, or City boundary measured along the street line. An intercepting street shall determine only the boundary of the frontage on the side of the street which it intercepts. Where a lot abuts more than one street, the Board of Zoning Appeals shall determine the frontage for purposes of this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.102 FRONTAGE, WHERE MEASURED.
The frontage of a lot shall be measured along the front property line, but may be modified in the case of curvilinear streets in accordance with Chapter 1195.
(Ord. 2023-029. Passed 4-18-23.)
1123.103 FUNERAL DIRECTOR.
“Funeral Director” means a person who engages, in whole or in part, in funeral directing and who is licensed by the State of Ohio (ORC Chapter 4717: Embalmers, Funeral Directors, Crematories).
(Ord. 2023-029. Passed 4-18-23.)
1123.104 FUNERAL HOME.
See Mortuary.
(Ord. 2023-029. Passed 4-18-23.)
1123.105 GARAGE, PRIVATE.
“Private garage” means a detached accessory building or a portion of the principal building used only for the storage of self-propelled passenger vehicles or trailers by the family or families residing upon the premises. A car port or car porch shall be construed to be a private garage.
(a) Not more than one garage, whether attached or detached, shall be permitted on any one lot. Further, a lot having an attached garage may be permitted to have a detached garage, provided that the attached garage is properly converted to a habitable part of the main dwelling house and the detached garage meets all of the required yard and area requirements of this Planning and Zoning Code as pertaining to detached garages. Further, the existing driveway shall be removed and relocated as determined necessary by the Building Official in order to maintain the character and aesthetics of the lot and the neighborhood.
(Ord. 2023-029. Passed 4-18-23.)
1123.106 GARAGE, PUBLIC.
“Public garage” means a structure or portion thereof, other than a private garage, used for the storage, sale, hire, care, repair or refinishing of self-propelled vehicles or trailers.
(Ord. 2023-029. Passed 4-18-23.)
1123.107 HEALTH CLUB.
“Health club” means an establishment for the conduct of indoor sports and exercise activities, along with related locker and shower rooms, offices, and classrooms.
(Ord. 2023-029. Passed 4-18-23.)
1123.108 HELICOPTER.
“Helicopter” means an air-borne vehicle used for the transportation of persons or material whose support in the air is normally derived from the vertical lift or force produced by airfoils or wings mechanically rotated about an approximately vertical axis.
(Ord. 2023-029. Passed 4-18-23.)
1123.109 HOME IMPROVEMENT CENTER.
“Home improvement center” means the retail sale of a diverse range of hardware and related materials generally used in the maintenance, repair, or construction of buildings or other structures, including lawn and garden supplies.
(Ord. 2023-029. Passed 4-18-23.)
1123.110 HOSPITAL.
“Hospital” means a building or portion thereof used for the accommodation of sick, injured or infirm persons, including sanitariums.
(Ord. 2023-029. Passed 4-18-23.)
1123.111 HOTEL.
“Hotel” means any building or portion thereof used as a temporary abiding place, for remuneration, with or without meals, containing five (5) or more guest rooms or suites where no provision for cooking is made in any individual guest room or suite, except hospitals and jails, and which provide maid, butler and linen service and maintain a hotel register as required by Ohio law.
(Ord. 2023-029. Passed 4-18-23.)
1123.112 INDOOR COMMERCIAL RECREATION.
See Commercial Recreation, Indoor.
(Ord. 2023-029. Passed 4-18-23.)
1123.113 INDUSTRIAL DESIGN.
“Industrial design” means an establishment where the design, marketing, and/or brand development of various products are researched and developed, typically integrating the fields of art, business, science, and/or engineering. An industrial design establishment may create prototypes and products but shall not mass-manufacture products on the premises.
(Ord. 2023-029. Passed 4-18-23.)
1123.114 INDUSTRY.
“Industry” means storage, repair, manufacture, preparation or treatment of any article, substance or commodity for commercial use.
(Ord. 2023-029. Passed 4-18-23.)
1123.115 INSTITUTION.
See Uses; Selected Definitions.
(Ord. 2023-029. Passed 4-18-23.)
1123.116 JUNK OR SALVAGE YARD.
“Junk or salvage yard” means a place where waste, discarded or salvaged materials are bought, sold, exchanged, baled, packed, disassembled or handled, including automobile wrecking yards, house wrecking yards, used lumber yards and places or yards for storage of salvaged house wrecking and structural steel materials and equipment, but not including such places where such uses are conducted entirely within a completely enclosed building.
(Ord. 2023-029. Passed 4-18-23.)
1123.117 KENNEL.
“Kennel” means any structure or premises on which three (3) or more dogs over four (4) months of age are kept.
(Ord. 2023-029. Passed 4-18-23.)
1123.118 KITCHEN.
“Kitchen” means any room in a building or dwelling unit which is used for cooking or the preparation of food.
(Ord. 2023-029. Passed 4-18-23.)
1123.119 KITCHEN, COMMERCIAL.
See Commercial Kitchen.
(Ord. 2023-029. Passed 4-18-23.)
1123.120 LAND USE OR COMPREHENSIVE MASTER PLAN.
“Land Use or Comprehensive Master Plan” means the long range plan for the desirable use of land in the City, as officially adopted and as amended from time to time by the City Planning Commission, the purpose of such plan being, among other things, to serve as a guide in the zoning and progressive changes in the zoning of land to meet the changing needs in the subdividing and use of undeveloped land and in the acquisition of rights of way or sites for public purposes such as streets, parks, schools and public buildings.
(Ord. 2023-029. Passed 4-18-23.)
1123.121 LIBRARY.
“Library” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.122 LOADING SPACE.
“Loading space” means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial motor vehicle while loading or unloading merchandise or materials and which abuts upon a street, alley or other appropriate means of access.
(Ord. 2023-029. Passed 4-18-23.)
1123.123 LOT.
“Lot” means a piece or parcel of land occupied by or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces as required by this Zoning Code, and having frontage on a public street.
(Ord. 2023-029. Passed 4-18-23.)
1123.124 LOT, CORNER.
“Corner lot” means a lot abutting upon two (2) or more streets at their intersection or upon two (2) parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees. The point of intersection of the street lines is the “corner”.
(Ord. 2023-029. Passed 4-18-23.)
1123.125 LOT, INTERIOR.
“Interior lot” means any lot other than a corner lot.
(Ord. 2023-029. Passed 4-18-23.)
1123.126 LOT DEPTH.
“Lot depth” means the mean horizontal distance between the front and the rear lot lines.
(Ord. 2023-029. Passed 4-18-23.)
1123.127 LOT LINES.
“Lot lines” means the property lines bounding the lot.
(Ord. 2023-029. Passed 4-18-23.)
1123.128 LOT LINE, FRONT.
“Front lot line” means the line separating the lot from the street on which it fronts.
(Ord. 2023-029. Passed 4-18-23.)
1123.129 LOT LINE, REAR.
“Rear lot line” means the lot line opposite and most distant from the front lot line.
(Ord. 2023-029. Passed 4-18-23.)
1123.130 LOT LINE, SIDE.
“Side lot line” means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street or corner lot line. A side lot line separating a lot from another lot or lots is called an interior side lot line.
(Ord. 2023-029. Passed 4-18-23.)
1123.131 LOT LINE, STREET OR ALLEY.
“Street or alley lot line” means a lot line separating the lot from a street or alley.
(Ord. 2023-029. Passed 4-18-23.)
1123.132 LOT WIDTH.
“Lot width” means the mean width of the lot measured at right angles to its depth.
(Ord. 2023-029. Passed 4-18-23.)
1123.133 LOT AREA.
“Lot area” means the computed area contained within the lot lines.
(Ord. 2023-029. Passed 4-18-23.)
1123.134 LOT, THROUGH.
“Through lot” means a lot having frontage on two (2) parallel or approximately parallel streets.
(Ord. 2023-029. Passed 4-18-23.)
1123.135 MAIN OR PRINCIPAL BUILDING.
“Main or principal building” means the building, structure or space occupied by the chief or principal use or activity of the premises or space.
(Ord. 2023-029. Passed 4-18-23.)
1123.136 MANUFACTURING, HEAVY.
“Heavy manufacturing” means an establishment engaged in manufacturing, assembly, fabrication, packaging or other industrial processing of products primarily from extracted or raw materials or the bulk storage and handling of such products and materials, or an industrial establishment having potential to produce noise, dust, glare, odors or vibration beyond its property line.
(Ord. 2023-029. Passed 4-18-23.)
1123.137 MANUFACTURING, LIGHT.
“Light manufacturing means an establishment engaged in the indoor manufacturing, assembly, fabrication, packaging or other industrial processing of finished parts or products, primarily from previously prepared materials, or the indoor provision of industrial services, where there are few external effects across property lines. This term includes, but is not limited to, a business engaged in the processing, fabrication, assembly, treatment or packaging of food, packaging of beverages, textile, leather, wood, paper, chemical, plastic or metal products, but does not include industrial processing from raw materials. This term shall not include “Micro production of alcohol.”
(Ord. 2023-029. Passed 4-18-23.)
1123.138 MEDICAL/DENTAL CLINIC.
“Medical/dental clinic” means an establishment where human patients are examined and treated by a group of dentists, physicians or similar medical professionals. Clinics provide outpatient service only. Included are facilities that 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 clinic 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.139 MEMBERSHIP CLUB.
“Membership clubs” means a facility for an incorporated or unincorporated association of persons organized for a common purpose to pursue common goals, interests, or activities and usually characterized by certain membership qualifications, payment of fees and dues, regular meetings, and a constitution and by-laws. Membership clubs includes a “club” as defined in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.140 MICRO PRODUCTION OF ALCOHOL.
“Micro production of alcohol” means a facility for the production and packaging of malt beverages, alcoholic spirits, or any alcoholic beverages obtained by the fermentation of the natural contents of fruits or vegetables and may include a tasting room for consumption on premises. A tasting room allows customers to taste/consume products manufactured on-site and purchase beverages manufactured on-site and related items.
(Ord. 2023-029. Passed 4-18-23.)
1123.141 MOBILE FOOD VENDOR.
“Mobile food vendor” means a vehicle, usually a van, truck, towed trailer, or pushcart, from which food and beverages are sold.
(Ord. 2023-029. Passed 4-18-23.)
1123.142 MORTUARIES.
“Mortuaries” means a place for the care, preparation for burial, or disposition of dead human bodies or the conducting of funerals.
(Ord. 2023-029. Passed 4-18-23.)
1123.143 MOTEL OR MOTOR HOTEL.
“Motel” or “motor hotel” means a series of attached, semi-attached or detached sleeping or living units, for the accommodation primarily of automobile transient guests, not including individual cooking or kitchen facilities, such units having convenient access to off-street parking spaces for the exclusive use of the guests or occupants of the premises.
(Ord. 2023-029. Passed 4-18-23.)
1123.144 MOTOR VEHICLE.
See Vehicle, Motor.
(Ord. 2023-029. Passed 4-18-23.)
1123.145 MOTOR VEHICLE SALES AND LEASING.
“Motor vehicle sales and leasing” means any building or land used for the display, sale, or long term lease (one-year or longer) of new or used motor vehicles in operable condition and including, but not limited to, cars, passenger trucks, off-road vehicles, and motorcycles. “Motor vehicle sales and leasing” may include any vehicle preparation, warranty, or repair work conducted as an accessory use.
(Ord. 2023-029. Passed 4-18-23.)
1123.146 NATURAL GRADE.
“Natural grade” means the elevation of the undisturbed natural surface of the ground adjoining the building or structure.
(Ord. 2023-029. Passed 4-18-23.)
1123.147 NONCONFORMING.
“Nonconforming” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.148 NONCONFORMING BUILDING.
“Nonconforming building” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.149 NONCONFORMING SITE CONDITION.
“Non-conforming site condition” means a site improvement that was legally established, but no longer conforms with the regulations in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.150 NONCONFORMING USE.
“Nonconforming use” means a building, structure or premises legally existing and/or used at the time of adoption of this Zoning Code (Ordinance 72-13, passed July 11, 1972), or any amendment thereto, and which does not conform with the use regulations of the district in which it is located. Any such building, structure or premises conforming in respect to use, but not in respect to height, area, yard, setback, court or distance requirements shall not be considered a nonconforming use.
(Ord. 2023-029. Passed 4-18-23.)
1123.151 NOTICE.
“Notice” means a written announcement delivered in person to the person addressed, or left as his usual residence (including delivery by registered or certified mail) a reasonable time, not less than five (5) days, before the event or action to which it refers.
(Ord. 2023-029. Passed 4-18-23.)
1123.152 OFFICES - ADMINISTRATIVE/PROFESSIONAL.
“Offices - administrative/professional” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.153 OFFICES - MEDICAL/DENTAL.
“Offices - medical/dental” means an establishment where human patients are examined and treated by a group of dentists, physicians or similar medical professionals. Medical/dental offices provide outpatient service only. Included are facilities which provide diagnoses 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 offices 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.154 OFFICE WAREHOUSE/FLEX SPACE.
“Office warehouse/flex space” means an establishment configured to accommodate a combination of office, showroom, wholesale, and warehousing functions, the exact proportions of each use being subject to user modifications over time. Showroom space may provide for regular transaction of business and for the display of merchandise in a finished building setting. Retail sales of products inside the premises may be permitted as accessory to this use. A single purpose building with incidental storage space shall not be considered an office warehouse/flex
space use.
(Ord. 2023-029. Passed 4-18-23.)
1123.155 ONE FAMILY DWELLING.
See Dwelling, Single-Family.
(Ord. 2023-029. Passed 4-18-23.)
1123.156 OPERATOR OF A CREMATORY FACILITY.
See Crematory Facility, Operator.
(Ord. 2023-029. Passed 4-18-23.)
1123.157 OUTDOOR DISPLAY/SALES.
“Outdoor display/sales” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.158 OUTDOOR STORAGE.
“Outdoor storage” means the storage of goods, materials, merchandise, equipment, or vehicles in an area outside of a building or structure except for merchandise placed in an area for outdoor display.
(Ord. 2023-029. Passed 4-18-23.)
1123.159 OVERLAY ZONING DISTRICT.
“Overlay zoning district” means a zoning district that extends on top of more than one (1) zoning district that modifies or supplements the regulations of the underlying zoning district in recognition of distinguishing circumstances.
(Ord. 2023-029. Passed 4-18-23.)
1123.160 NURSING HOME.
See Congregate Care Facility.
(Ord. 2023-029. Passed 4-18-23.)
1123.161 PARK.
“Park” means a tract of land, designated and used by the public, for active and/or passive recreation.
(Ord. 2023-029. Passed 4-18-23.)
1123.162 PARKING SPACE.
“Parking space” means a permanently surfaced area, whether within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.
(Ord. 2023-029. Passed 4-18-23.)
1123.163 PERFORMANCE GUARANTEE.
“Performance guarantee” means any security that may be accepted by a municipality as a guarantee that improvements required as part of an application for development are satisfactorily completed.
(Ord. 2023-029. Passed 4-18-23.)
1123.164 PERSONAL SERVICE ESTABLISHMENT.
See Service Establishment, Personal.
(Ord. 2023-029. Passed 4-18-23.)
1123.165 PLACE OF WORSHIP.
See Uses; Selected Definitions.
(Ord. 2023-029. Passed 4-18-23.)
1123.166 PRINCIPAL BUILDING.
See Main or Principal Building.
(Ord. 2023-029. Passed 4-18-23.)
1123.167 PROFESSION.
“Profession” means the following occupations: accountancy, architecture, art, chiropody, chiropractics, city planning, dentistry, electrology, engineering, healing arts, industrial design, insurance brokerage, law, medicine, music, optometry, osteopathy, pharmacy, real estate brokerage, science, teaching and theology.
(Ord. 2023-029. Passed 4-18-23.)
1123.168 PUBLIC GOVERNMENTAL FACILITY.
“Public Governmental Facility” means a building or structure, operated, or occupied by a governmental agency to provide a governmental service to the public.
(Ord. 2023-029. Passed 4-18-23.)
1123.169 PUBLIC NOTICE.
“Public notice” means notice given by publication in a newspaper of general circulation in the City, according to the requirements of law.
(Ord. 2023-029. Passed 4-18-23.)
1123.170 PUBLIC MAINTENANCE/TRANSPORTATION FACILITIES AND OPERATION YARDS.
“Public Maintenance/Transportation Facilities & Operation Yards” means any Municipal or public agency improvement, facility, site, or service necessary to provide transportation, drainage, public or private utilities, energy, or similar essential services.
(Ord. 2023-029. Passed 4-18-23.)
1123.171 PUBLIC SAFETY FACILITY.
“Public safety facility” means a Municipal or other governmental facility for public safety and emergency services, including a facility that provides police or fire protection and related administrative facilities.
(Ord. 2023-029. Passed 4-18-23.)
1123.172 PULVERIZATION.
“Pulverization” means the reduction of identifiable bone fragments to granulated particles by manual or mechanical means after the completion of the cremation process.
(Ord. 2023-029. Passed 4-18-23.)
1123.173 RECREATIONAL VEHICLE/EQUIPMENT.
“Recreational vehicle/equipment” means 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 Inspector, and any trailer that may be used to convey such a vehicle or equipment.
(Ord. 2023-029. Passed 4-18-23.)
1123.174 RECYCLING FACILITY.
“Recycling facility” means a facility where recyclable materials are sorted and temporarily stored prior to shipment for remanufacture into new materials. This facility shall not include salvage yards or composting facilities.
(Ord. 2023-029. Passed 4-18-23.)
1123.175 RESEARCH AND DEVELOPMENT FACILITY.
“Research and development facility” means 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.176 RESTAURANT AND DRIVE-IN.
“Restaurant” means an eating establishment where food is prepared and served by a waiter or waitress at tables or counters for consumption primarily within a wholly enclosed building, any provision for take-out service of food being incidental.
“Drive-in restaurant” means an eating establishment where the primary function is the service of food prepared for consumption away from the premises regardless of limited table service, outdoor service or places being provided for consumption on or off the premises. The lack of a waiter or waitress service, the percentage of table space compared with food preparation area and the manner of food disbursement shall all be considered in determining whether a proposed operation is a drive-in restaurant under this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.177 RETAIL ESTABLISHMENT.
“Retail establishment” means 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. Examples of businesses within this definition include hardware store, jewelry store, clothing store, grocery store, gift shops, and novelty stores.
(Ord. 2023-029. Passed 4-18-23.)
1123.178 RETAIL, LARGE FORMAT.
“Retail, large format” means a retail establishment that sells primarily large, oversized, bulky goods which consumers purchase relatively infrequently and that typically generates a low volume of customer traffic compared to traditional retail. Examples of such establishments include but are not limited to the sale of furniture and large appliances.
(Ord. 2023-029. Passed 4-18-23.)
1123.179 ROOMING HOUSE.
“Rooming house” means a dwelling occupied by a resident family or resident occupant and four (4) or more persons who pay rent.
(Ord. 2023-029. Passed 4-18-23.)
1123.180 SALVAGE YARD.
See Junk or Salvage yard.
(Ord. 2023-029. Passed 4-18-23.)
1123.181 SCHOOL, (PUBLIC/PRIVATE) COLLEGE/UNIVERSITY.
“School (public/private) college/university” means an educational institution authorized by the State of Ohio to award associates or higher degrees.
(Ord. 2023-029. Passed 4-18-23.)
1123.182 SCHOOL, (PUBLIC/PRIVATE) ELEMENTARY/SECONDARY.
“School (public/private) elementary/secondary” means publicly or privately owned facilities providing full-time day instruction and training at the elementary, junior high and high school levels, licensed by the State of Ohio, 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.183 SCHOOL, SPECIALTY/PERSONAL INSTRUCTION.
“School, specialty/personal instruction” means a facility primarily teaching usable skills that prepare students for jobs within a specific trade or a facility or 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 a health club.
(Ord. 2023-029. Passed 4-18-23.)
1123.184 SCHOOL, VOCATIONAL AND TRADE.
“Vocation and trade school” means a school established to provide for the teaching of industrial, clerical, or managerial skills. This definition applies to schools that are owned and operated either privately for profit or publicly.
(Ord. 2023-029. Passed 4-18-23.)
1123.185 SELF-STORAGE FACILITY, INDOOR.
“Self-service storage facility, indoor” 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.186 SELF-STORAGE FACILITY, OUTDOOR.
“Self-service storage facility, outdoor” 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 for the dead storage of customers' residential goods or wares that includes the outdoor storage of vehicles including recreational vehicles, trailers, and equipment. Outdoor self-storage facilities may also be standalone facilities for the storage of recreational vehicles, trailers, and equipment.
(Ord. 2023-029. Passed 4-18-23.)
1123.187 SECOND-HAND ESTABLISHMENT.
“Second-hand establishment” means an establishment principally engaged in buying, selling, or accepting on consignment, secondhand tangible personal property in which at least fifty percent (50%) of the gross receipts are from the sale of secondhand tangible personal property. This definition shall not include antique establishments or businesses of selling used or secondhand vehicles.
(Ord. 2023-029. Passed 4-18-23.)
1123.188 SERVICE ESTABLISHMENT, PERSONAL.
“Service establishment, personal” means 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, massage establishment, body piercing establishment or tattoo establishment. This term does not include a Laundromat, photocopy center, health club, or repair shop for household items.
(Ord. 2023-029. Passed 4-18-23.)
1123.189 SETBACK.
“Setback” means the required minimum horizontal distance between a lot line or the right of way line and a building, off-street parking lot, outdoor storage, or structure as established by this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.190 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, vehicle, 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.191 STABLE, COMMERCIAL.
“Commercial stable” means a stable for horses, mules or ponies which are hired, used or boarded on a commercial basis and for compensation.
(Ord. 2023-029. Passed 4-18-23.)
1123.192 STABLE, PRIVATE.
“Private stable” means an accessory building for the keeping of horses, mules or ponies owned by the occupant of the premises, and not kept for remuneration, hire or sale.
(Ord. 2023-029. Passed 4-18-23.)
1123.193 STANDARD, PERFORMANCE.
“Performance standard” means a criterion established in the interest of protecting the public health or safety, for the control of noise, odor, smoke, noxious gases and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.
(Ord. 2023-029. Passed 4-18-23.)
1123.194 STORY.
“Story” means that portion of a building included 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.
(Ord. 2023-029. Passed 4-18-23.)
1123.195 STORY, HALF.
“Half story” means a partial story under a gable, hip or gambrel roof, the wall plates of which on at least two (2) opposite exterior walls are not more than four (4) feet above the floor of such story, provided, however, that any partial story used for residence purposes, other than for a janitor or caretaker and his family, shall be deemed a full story.
(Ord. 2023-029. Passed 4-18-23.)
1123.196 STORY, FIRST.
“First story” means the lowest story or the ground story of any building, the floor of which is not more than twelve (12) inches below the average contact ground level at the exterior walls of the building, except that any basement or cellar used for residence purposes, other than for a janitor or caretaker or his family, shall be deemed the first story.
(Ord. 2023-029. Passed 4-18-23.)
1123.197 STORY, MEZZANINE.
“Mezzanine story” means a story which covers one-third (1/3) or less of the area of the story directly underneath it. A mezzanine story shall be deemed a full story in case it covers more than one-third (1/3) of the area of the story directly underneath such mezzanine story.
(Ord. 2023-029. Passed 4-18-23.)
1123.198 STREET.
“Street” means a public right of way fifty (50) feet or more in width which provides a public means of access to abutting property, or any such right of way more than thirty (30) feet and less than fifty (50) feet in width, provided it existed prior to the enactment of this Zoning Code (Ordinance 72-13, passed July 11, 1972). The term “street” includes avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.
(Ord. 2023-029. Passed 4-18-23.)
1123.199 STRUCTURE.
“Structure” means anything constructed or erected, the use of which requires either location on the ground, in the ground or attached to something having location on or in the ground and includes fences, signs, posts, nonmobile equipment, swimming pools, ponds and wells.
(Ord. 2023-029. Passed 4-18-23.)
1123.200 STRUCTURAL ALTERATION.
“Structural alteration” means any change in the structural members of a building, such as walls, columns, beams or girders.
(Ord. 2023-029. Passed 4-18-23.)
1123.201 TOURIST HOME.
“Tourist home” means a building or part thereof, other than a hotel, boarding house, lodging house, rooming house, motel or motor hotel, where lodging is provided by a resident family in its home, for compensation, and intended mainly for transients.
(Ord. 2023-029. Passed 4-18-23.)
1123.202 TOWN HOUSE.
1123.203 TRAILER OR MOBILE HOME (INCLUDING AUTOMOBILE TRAILER, TRAILER COACH, HOUSE TRAILER OR MOBILE HOME.)
“Trailer or mobile home” means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or for the conduct of any business, trade or occupation, or used as a selling or advertising device, or used for storage or conveyance for goods, equipment or machinery, and so designed that it is or can be mounted on wheels and used as a conveyance on highways and streets and propelled or drawn by its own or other motor power.
(Ord. 2023-029. Passed 4-18-23.)
1123.204 TRAILER OR MOBILE HOME PARK OR CAMP.
“Trailer or mobile home park or camp” mean any lot or part thereof, or any parcel of land or tract of land, which is used or offered as a location for two or more trailers, open to the public, either free or for a consideration, upon which mobile homes providing sleeping and/or living accommodations for humans are parked either temporarily or permanently or both.
(Ord. 2023-029. Passed 4-18-23.)
1123.205 THOROUGHFARE, FREEWAY, MAJOR ARTERIAL OR SECONDARY ARTERIAL.
“Thoroughfare”, “freeway”, “major arterial” and “secondary arterial” means an officially designated Federal or State numbered highway or County or other road or street designated as a freeway or major arterial on the official Street Plan or Comprehensive Master Plan Map for the City or a County or other road or street designated as a collector street on such Plans.
(Ord. 2023-029. Passed 4-18-23.)
1123.206 THOROUGHFARE PLAN OR STREET PLAN.
“Thoroughfare Plan” or “Street Plan”means the official Street Plan of, and adopted by, the City Planning Commission, establishing the location and official right-of-way width of principal highways and streets in the City, on file in the office of such Planning Commission, dated 1970, together with all amendments thereto subsequently adopted.
(Ord. 2023-029. Passed 4-18-23.)
1123.207 TRUCK TERMINAL.
“Truck terminal” means a facility for the receipt, transfer, short-term storage, and dispatching of goods transported by truck, which is designed to accommodate the simultaneous loading and/or unloading of trucks. Such establishments may include facilities where cargo and freight may be broken down or aggregated into smaller or larger loads for transfer to other vehicles or modes of transportation.
(Ord. 2023-029. Passed 4-18-23.)
1123.208 TURNOUT OR TURNAROUND.
“Turnout” or “Turnaround” means a paved driveway extension perpendicular to the driveway constructed in accordance with the requirements of this Zoning Code in the front or rear yard of single-family residential buildings to be used for turning a vehicle around in the yard in order that it need not back out into the street.
(Ord. 2023-029. Passed 4-18-23.)
1123.209 URGENT CARE.
See Medical/Dental Clinic.
(Ord. 2023-029. Passed 4-18-23.)
1123.210 USE.
“Use” means the purpose for which land or a building or structure is arranged, designed or intended, or for which either land or a building or structure is, or may be, occupied or maintained.
(Ord. 2023-029. Passed 4-18-23.)
1123.211 USE FIRST PERMITTED IN “X” DISTRICT.
“Use first permitted in “X” District” means a use which is the sequence of successively less restricted districts occurs as a permitted use for the first time in the “X” District.
(Ord. 2023-029. Passed 4-18-23.)
1123.212 USE, ACCESSORY.
See Accessory use.
(Ord. 2023-029. Passed 4-18-23.)
1123.213 USE, CONDITIONAL.
“Conditional use” means a use which is permitted in a district only if a Conditional Use Certificate therefor is expressly authorized by the Board in accordance with Chapter 1137.
(Ord. 2023-029. Passed 4-18-23.)
1123.214 USE, PERMITTED.
“Permitted use” means a use that is authorized by this Zoning Code as a use permitted by right, a conditional use, a restricted use, or an accessory use.
(Ord. 2023-029. Passed 4-18-23.)
1123.215 USE, PRINCIPAL PERMITTED BY-RIGHT.
“Principal permitted by-right use” means a use which is permitted outright in a district when it complies with the standards and requirements set forth in the Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.216 USE, RESTRICTED.
“Restricted use” means a use that is permitted by right in the districts in which they are listed, provided that they comply with the Use-Specific Standards in Chapter 1171. If compliance with the Use-Specific Standards is not possible, the use shall be considered a Conditional Use.
(Ord. 2023-029. Passed 4-18-23.)
1123.217 USES; SELECTED DEFINITIONS.
(a) “Church” means a building for public worship and related religious activities conducted by a bona fide congregation or religious sect. The term “church” includes the terms “temple”, “shrine”, “mosque” “synagogue” and “places of worship.”
(b) “Institution” means an organization or establishment of public character, and a building or group of buildings occupied by such an organization or establishment.
(Ord. 2023-029. Passed 4-18-23.)
1123.218 VEHICLE, MOTOR.
“Motor vehicle” means any self-propelled vehicle designed primarily for transportation of persons or goods along public streets or alleys, or other public ways.
(Ord. 2023-029. Passed 4-18-23.)
1123.219 VEHICLE, OFF-ROAD (ORV).
“Off-road vehicle” means a vehicle, including dune buggies and all-terrain vehicles, snowmobiles, trail bikes, mopeds, and motorbikes, designed for use on unimproved surfaces.
(Ord. 2023-029. Passed 4-18-23.)
1123.220 VETERINARY CLINICS.
See Animal Hospital.
(Ord. 2023-029. Passed 4-18-23.)
1123.221 WAREHOUSE.
“Warehouse” means a facility engaged in the storage of manufactured products, supplies, and equipment, excluding bulk storage of materials that are inflammable or explosive or that present hazards or conditions commonly recognized as offensive.
(Ord. 2023-029. Passed 4-18-23.)
1123.222 WASTEWATER TREATMENT FACILITY.
“Wastewater treatment facility” means the facility or group of units used for the treatment of industrial or domestic wastewater for sewer systems and for the reduction and handling of solids and gases removed from such wastes, whether or not such facility or group of units is discharging into state waters. “Wastewater treatment facility” specifically excludes any facility or group of units used for pretreatment, treatment, or handling of industrial water.
(Ord. 2023-029. Passed 4-18-23.)
1123.223 WHOLESALE ESTABLISHMENT.
“Wholesale establishment” means an establishment or place of business primarily engaged in selling and/or distributing merchandise to retailers; to industrial, commercial, institutional, or professional business users, or to other wholesalers; or acting as agents or brokers and buying merchandise for, or selling merchandise to, such individuals or companies.
(Ord. 2023-029. Passed 4-18-23.)
1123.224 YARD.
“Yard” means an open space other than a court, on a lot, unoccupied and unobstructed from the ground upward, except as otherwise provided in this Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.225 YARD, FRONT.
“Front yard” means a yard extending the full width of the lot, the depth of which is the horizontal distance between the front lot line and a line parallel thereto on the lot.
(Ord. 2023-029. Passed 4-18-23.)
1123.226 YARD, FRONT; HOW MEASURED.
Front yard depth shall be measured from the right-of-way line of the existing street on which the lot fronts (the front lot line), provided, however, that if the proposed location of the right-of-way line of such street, as established on the Street Plan or on the Comprehensive Master Plan Map of the City, differs from that of the existing street, then the required front yard least depth or the required the front setback shall be measured from the right-of-way line of such street as designated officially on such Street Plan or Comprehensive Master Plan Map.
(Ord. 2023-029. Passed 4-18-23.)
1123.227 YARD, REAR.
“Rear yard” means a yard extending across the full width of the lot, the depth of which is the distance between the rear lot line and a line parallel thereto on the lot.
(Ord. 2023-029. Passed 4-18-23.)
1123.228 YARD, SIDE.
“Side yard” means a yard extending from the front yard to the rear yard, the width of which is the horizontal distance between the side lot line and a line parallel thereto on the lot.
(Ord. 2023-029. Passed 4-18-23.)
1123.229 SIDE YARD; LEAST WIDTH; HOW MEASURED.
Such width shall be measured from the nearest side lot line and, in case the nearest side lot line is a side street lot line, from the right-of-way line of the existing street, provided, however, that if the proposed location of the right-of-way line of such street, as established on the Street Plan or on the Comprehensive Master Plan Map of the City, differs from that of the existing street, then the required side yard least width or the required side setback shall be measured from the right-of-way of such street as designated on the Street Plan or Comprehensive Master Plan Map, as officially adopted.
(Ord. 2023-029. Passed 4-18-23.)
1123.230 ZONING CODE.
“Zoning Code” means that part of Ordinance 72-13, passed July 11, 1972, as amended, codified herein as Titles Three through Thirteen of Part Eleven - Planning and Zoning Code.
(Ord. 2023-029. Passed 4-18-23.)
1123.231 ZONING COMMISSION.
“Zoning Commission” means the Planning Commission of the City.
(Ord. 2023-029. Passed 4-18-23.)
1123.232 ZONING INSPECTOR.
“Zoning Inspector” means the Building Commissioner or his authorized representative. The terms Zoning Inspector and Building Commissioner shall be synonymous.
(Ord. 2023-029. Passed 4-18-23.)
1123.233 ZONING MAP.
“Zoning Map” means the Zoning Map or Maps of the City, together with all amendments subsequently adopted.
(Ord. 2023-029. Passed 4-18-23.)
1123.234 ZONING PERMIT.
“Zoning permit” means a document issued by the Zoning Inspector authorizing buildings, structures or uses consistent with the terms of this Zoning Code and for the purpose of carrying out and enforcing its provisions.
(Ord. 2023-029. Passed 4-18-23.)
1125.01 DIVISION OF CITY INTO DISTRICTS.
For the purpose of this Zoning Code, the City is hereby divided into thirteen categories or zoning districts with one overlay zoning district, and all of these districts are hereby established, all as shown on the Zoning Map which is hereby declared to be a part hereof and which is on file in the office of the Clerk of Council.
(Ord. 2023-029. Passed 4-18-23.)
1125.02 DESIGNATION OF DISTRICTS.
The districts established in Section 1125.01 are hereby designated as follows:
Residence Districts
R-S Residential Suburban District.
R-1A Residential District.
R-1 One-Family Low Density Residence District.
R-2 One-Family Medium Density Residence District.
R-3 Multifamily Residence District.
R-4 Town House Residence District.
SR Senior Residence District.
Non-Residence Districts
GB General Business District
NRC Northfield Road Commercial District
I Industrial District.
LIO Light Industrial/Office District
TP Trailer Park District.
SC-1 Shopping Center District.
Other Districts
TCOD Town Center Overlay District
The above districts are also intended to be use districts and several uses or districts may be combined in the same geographical area as hereinafter designated or as hereafter may be determined by proper and lawful legislation.
(Ord. 2023-029. Passed 4-18-23.)
1125.03 ZONING MAP.
The locations and boundaries of the districts are as shown on the computer generated map entitled “The City of Bedford Heights, OH Zoning Map” that was prepared by CT Consultants, Inc. dated March 22, 2022, on file with the Clerk of Council. This Map and all notations, references, date and other information shown thereon is hereby made a part of this Zoning Code and may be amended in the same manner as any other part of this Zoning Code. When any amendment is hereafter made to the Zoning Map, the City Engineer is authorized to make the necessary computerized changes to the Zoning Map. Such Zoning Map, properly attested, and as hereinafter amended as stated herein, shall be kept and remain on file in the office of the Clerk of Council.
(Ord. 2023-029. Passed 4-18-23.)
1125.04 DISTRICT BOUNDARIES.
Except where referenced on the Zoning Map to a street or alley line or other designated line by dimensions shown on such Map, the district boundary lines follow lot lines or the centerlines of streets or alleys as they existed at the time of adoption of this Zoning Code (Ordinance 72-13, passed July 11, 1972) or an amendment thereto; but where a district line obviously does not coincide with the lot lines as such, or centerlines of streets or alleys, or where it is not designated by dimensions, it shall be deemed to be 150 feet back from the nearest street line parallel to which it is drawn.
(Ord. 2023-029. Passed 4-18-23.)
1125.05 LOT DIVIDED; EXTENSION OF DISTRICT.
Where a district boundary line established in this chapter or as shown on the Zoning Map divides a lot which was in single ownership at the time of enactment of this Zoning Code (Ordinance 72-13, passed July 11, 1972) or an amendment thereto, the part of such lot within each district shall conform to the regulations of that district unless determined otherwise by the Board of Zoning Appeals.
(Ord. 2023-029. Passed 4-18-23.)
1125.06 UNCERTAINTY AS TO BOUNDARIES; INTERPRETATION.
All questions concerning the exact location of district boundary lines, or the meaning and intent of textual provisions of this Zoning Code, shall be determined by the Board of Zoning Appeals according to rules and regulations which may be adopted by it.
(Ord. 2023-029. Passed 4-18-23.)
1125.07 VACATED STREET OR ALLEY.
Whenever any street, alley or other public way is vacated by official action as provided by law, the zoning district adjoining the side of such public way shall be extended automatically, depending on the side or sides to which such lands revert, to include the right of way thus vacated, which shall thenceforth be subject to all regulations of the extended district or districts.
(Ord. 2023-029. Passed 4-18-23.)
1125.08 PROPERTY NOT INCLUDED; ANNEXATIONS.
In every case where property has not been specifically included within a district, the same is hereby declared to be in the R-S Residential Suburban District. Territory annexed to or consolidated with the City subsequent to the effective date of this Zoning Code (Ordinance 72- 13, passed July 11, 1972), shall, upon the effective date of such annexation or consolidation, become a part of the R-S District, provided such territory is not subject to County or Township zoning regulations at the time of annexation. Such districting shall be temporary and the Planning Commission shall recommend to Council within a period of not to exceed one year from such date of annexation or consolidation a final Zoning Map for the annexed territory, provided, however, that nothing shall prevent the Commission from recommending such final Zoning Map at the time of annexation or consolidation.
Upon annexation of territory which is subject to County or Township zoning regulations at the time of annexation, the zoning regulations then in effect shall remain in full force and shall be enforced by the respective County or Township zoning officials until Council, upon recommendation of the Commission, shall officially adopt new regulations for such territory.
(Ord. 2023-029. Passed 4-18-23.)
1127.01 CONFORMITY REQUIRED.
Except as hereinafter specified, no land, building, structure or premises shall hereafter be used, and no building or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered, except in conformity with the regulations herein specified for the district in which it is located; such regulations including, but without limitation, the following: the use of the building, structure or land, including performance standards for the control of any “dangerous and objectionable elements”, as defined herein, in connection with such use; the height, size and dimensions of the building or structure; the size or dimensions of lots, yards and other open spaces surrounding buildings; and the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.
(Ord. 72-13. Passed 7-11-72.)
1127.02 ADDITIONAL USES; BOARD DETERMINATION.
Uses other than those specifically mentioned in this Zoning Code as permitted uses in each of the districts may also be allowed therein, provided that in the judgment of the Board of Zoning Appeals, as evidenced by a resolution of record, such other uses are of similar character to those mentioned and will have no adverse influence or no more adverse influence on adjacent properties or the neighborhood or the community than the permitted uses specifically mentioned for the district; that such use is not listed in any other classification of permitted buildings or uses; that such use is more appropriate and conforms to the basic characteristics of the classification to which it is to be added than in any other classification; that such use does not create dangers to health and safety and does not create offensive noise, vibration, dust, heat, smoke, odor, glare or other objectionable influences to an extent greater than normally resulting from other uses listed in the classification to which it is to be added; and that such use does not create traffic to a greater extent than the other uses listed in the classification to which it is to be added.
(Ord. 72-13. Passed 7-11-72.)
1127.03 ADDITIONAL PROHIBITED USES; BOARD DETERMINATION.
Uses other than those specifically prohibited in this Zoning Code in any district shall also be prohibited therefrom, provided that in the judgment of the Board of Zoning Appeals as evidenced by a resolution of record, such other uses are similar in character to those specifically prohibited in that they would have similar or more serious adverse influence on adjacent properties, the neighborhood or the community than the uses specifically mentioned as prohibited in the district.
(Ord. 72-13. Passed 7-11-72.)
1127.04 CONVERSION OF DWELLINGS.
The conversion of any building into a dwelling or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under this Zoning Code, and only when the resulting occupancy will comply with the requirements governing new construction in such district, with respect to minimum lot size, lot area per dwelling unit, percentage of lot coverage, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified hereafter within the chapter applying to such district.
(Ord. 72-13. Passed 7-11-72.)
1127.05 LOCATION OF ACCESSORY BUILDINGS ON LOTS.
1127.06 LOCATION AT REAR OF MAIN BUILDING.
A detached accessory building in a Residence District shall be located back of the rear wall of the main building and not closer than thirty (30) feet therefrom, but this provision as a distance from the main building shall not apply to a garage not over fifteen (15) feet in height connected to a dwelling by a breezeway.
(Ord. 72-13. Passed 7-11-72.)
1127.07 LOCATION WITHIN THE REAR YARD.
Except as provided for in Section 1127.08, in any district, a detached accessory building shall be located not closer than six (6) feet from the rear or side lot lines, and a detached accessory building when closer to the front line than eighty (80) feet, shall be no closer to any of its side lot lines than ten (10) feet.
(Ord. 86-117. Passed 9-2-86.)
1127.08 CORNER LOT.
On a corner lot whose rear line is the side line of a lot in a Residence District, no accessory building shall be placed closer than ten (10) feet to such rear line, nor closer than twenty (20) feet to the street line on the side of the lot.
(Ord. 72-13. Passed 7-11-72.)
1127.09 ACCESSORY BUILDINGS WITHOUT MAIN BUILDINGS.
In any district, no accessory building or structure shall be erected or constructed prior to the erection or construction of the principal or main building or structure.
(Ord. 82-29. Passed 4-20-82.)
1127.10 STREET FRONTAGE REQUIRED.
Except as permitted by other provisions of this Zoning Code, no lot shall contain any building used in whole or part for residential purposes unless such lot abuts for at least forty (40) feet on a street; and there shall be not more than one single-family dwelling for such frontage, except as provided in Chapter 1195.
(Ord. 72-13. Passed 7-11-72.)
1127.11 REQUIRED AREA OR SPACE CANNOT BE REDUCED.
No lot, yard, court, parking area or other space shall be reduced in area or dimension so as to make such area or dimension less than the minimum required by this Zoning Code. No part of a yard, court, parking area or other space provided about or for any building or structure for the purpose of complying with the provisions of this Zoning Code shall be included as part of the yard, court, parking area or other space required under this Zoning Code for another building or structure.
(Ord. 72-13. Passed 7-11-72.)
1127.12 OFF-STREET PARKING AND LOADING.
In every district, spaces for off-street parking and for off-street loading and unloading shall be provided in accordance with the provisions of Chapter 1181.
(Ord. 72-13. Passed 7-11-72.)
1127.13 ENCROACHING DOORS.
Every garage building or portion of a main building used for garage purposes shall be so equipped that the doors, when open or being opened, will not project beyond any lot line of the lot on which such building is located. When such doors open to an alley, the wall or portion thereof containing such doors shall be at least six (6) feet from the line forming the common boundary between such lot and the alley, provided that in any district, private garages or other garages with vehicle doors facing a public street or right of way shall be so arranged that the doors are not closer than twenty (20) feet to such street or right-of-way line.
(Ord. 72-13. Passed 7-11-72.)
1127.14 ESSENTIAL SERVICES.
Essential services shall be permitted as authorized and regulated by law and other ordinances of the City.
(Ord. 72-13. Passed 7-11-72.)
1127.15 UNSAFE BUILDINGS.
Nothing in this Zoning Code shall prevent the strengthening or restoring to a safe condition of any part of any building or structure declared unsafe by proper authority.
(Ord. 72-13. Passed 7-11-72.)
1127.16 CREATION OF A NEW LOT.
Where a lot is hereafter created from a part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of this Zoning Code with respect to the existing building and all yards and other open spaces in connection therewith, and no permit shall be issued for the erection of a building or structure on the new lot thus created unless it complies with all the provisions and regulations of this Zoning Code.
(Ord. 72-13. Passed 7-11-72.)
1127.17 CONDITIONAL PERMITS; TIME LIMIT. (REPEALED)
1129.01 EXISTING NONCONFORMING USES; CONTINUATION.
Except as hereinafter specified, the lawful use of a building or premises existing at the time of the adoption (Ordinance 72-13, passed July 11, 1972) or amendment of this Zoning Code may be continued although such use, building, or structure does not conform with the provisions of this Zoning Code for the district in which it is located.
(Ord. 2023-029. Passed 4-18-23.)
1129.02 NONCONFORMING USES OR BUILDINGS; ENLARGEMENT, SUBSTITUTION, ETC.
(a) No existing building or premises devoted to a use not permitted in this Zoning Code, in the district in which such building or premises is located, except when required to do so by law or order, shall be enlarged, extended, reconstructed, substituted or structurally altered unless the use thereof is changed to a use permitted in the district in which such building or premises is located, and except as provided in Sections 1129.03 and 1129.04.
(b) Existing residences located in non-residence districts shall be considered to be nonconforming uses in such districts and shall not be enlarged, extended, reconstructed, substituted or structurally altered. However, all regulations of this Zoning Code that would pertain to residences in R-1, One-Family Low Density Residence Districts, shall apply to said residences, where applicable.
(Ord. 2023-029. Passed 4-18-23.)
1129.03 SUBSTITUTION.
When authorized by the Board of Zoning Appeals, in accordance with the provisions of Chapter 1133, the substitution for a nonconforming use of another not more objectionable nonconforming use shall be permitted.
(Ord. 2023-029. Passed 4-18-23.)
1129.04 NONCONFORMING USE MADE TO CONFORM.
Whenever a nonconforming use has been changed to a conforming use, such use shall not thereafter be changed to a nonconforming use.
(Ord. 2023-029. Passed 4-18-23.)
1129.05 DISCONTINUANCE OF A USE.
No building, structure or premises where a nonconforming use has ceased, for a period of one (1) year or more, shall again be put to a nonconforming use.
(Ord. 2023-029. Passed 4-18-23.)
1129.06 REPLACING DAMAGED BUILDINGS.
(a) Any nonconforming building or structure, with the exception of dwellings as provided in subsection (b) herein, damaged more than fifty percent (50%) of its then fair market value, exclusive of foundations, shall not be restored or reconstructed, used or occupied as a nonconforming building or structure.
If such damage amounts to fifty percent (50%) or less of such fair market value, the nonconforming building or structure may be restored, provided that such restoration does not exceed sixty percent (60%) of the value of the building shown on the tax duplicate of Cuyahoga County at the time of the first expenditure for such construction, and provided further that such restoration begins within six (6) months of the date of the damage.
(b) Any single-family dwelling that is damaged or destroyed in any way and to any extent may be restored or reconstructed using at a minimum the minimum living area, lot frontage, lot depth and lot area of the dwelling that existed prior to such damage even if the same would not be conforming under the then current requirements of this Zoning Code, provided that such restoration or reconstruction begins within six (6) months from the time of the damage.
(Ord. 2023-029. Passed 4-18-23.)
1129.07 REPAIRS AND ALTERATIONS.
(a) Such repairs and maintenance work as are required to keep it in sound condition may be made to a nonconforming building or structure, provided the total structural repairs and alterations do not, during its life subsequent to the date of its becoming a nonconforming building or structure, exceed sixty percent (60%) of the value of the building shown on the tax duplicate of Cuyahoga County at such date, unless such building or structure is permanently changed to a conforming building or structure, except as provided for in this Zoning Code.
(b) If a nonconforming site condition(s) and/or building exists when a revised development plan is required pursuant to Chapter 1131, then such building and/or site condition(s) shall be brought into compliance with district regulations and the applicable regulations in this Zoning Code, unless the Planning Commission determines that such conformance cannot be reasonably achieved because of existing site conditions. Existing site conditions include, but are not limited to, the existing lot configuration and patterns of surrounding development; inability of the applicant to acquire additional property; location of the existing structures on the site in question; the location of parking and access on the site in question, and the location of utilities both on and off-site. In such cases, the Planning Commission may approve a development plan that reduces the existing nonconforming site condition(s) to the maximum extent practicable and permits renovation and/or limited expansion of an existing, non-conforming building.
(Ord. 2023-029. Passed 4-18-23.)
1129.08 BUILDINGS UNDER CONSTRUCTION.
No change is required by this Zoning Code in the plans, construction or designated uses of a building which does not conform to the regulations of this Zoning Code for the district in which its premises are located, if the permit for such building was issued and construction on it was begun before the passage of this Zoning Code (Ordinance 72-13, passed July 11, 1972) or amendments thereto and completed within eighteen (18) months of the issuance of such permit in accordance with the plans and descriptions on which the permit was issued. For the purpose of this Zoning Code, such construction shall be deemed to be an existing nonconforming use or building/structure, as applicable.
(Ord. 2023-029. Passed 4-18-23.)
1129.09 NONCONFORMING USE DUE TO RECLASSIFICATION.
The foregoing provisions of this chapter and other applicable provisions of this Zoning Code shall also apply to buildings, land or other uses hereafter becoming nonconforming as a result of future reclassification of districts or of other amendments to this Zoning Code. However, where this chapter specifies a termination date for the discontinuance of nonconforming buildings or uses in a given category, such a date shall be computed from the date of reclassification or change.
(Ord. 2023-029. Passed 4-18-23.)
1130.01 PURPOSE AND INTENT.
The purpose of this chapter shall be to provide rules, regulations and standards for the limited placement and use of unattended donation bins in the City of Bedford Heights, in order to promote the public health, safety, convenience and welfare of the City. The procedures, standards and requirements of this chapter are enacted to:
(a) Promote the community's health, safety and welfare by regulating unattended charitable donation bins for the placement of any items of personal property within the City;
(b) Ensure that unattended charitable donation bins do not pose a hazard to pedestrian and vehicular traffic;
(c) Ensure that material is not allowed to accumulate outside of the unattended charitable donation bins so that it can be scattered or deteriorate due to adverse weather conditions, animal contacts and human activities; and
(d) Establish criteria that avoid attracting vermin, unsightliness and public health hazards.
(Ord. 2017-055. Passed 6-20-17.)
1130.02 DEFINITIONS.
(a) "Charitable contribution" is a contribution to an organization engaged in charitable purposes.
(b) "Charitable organization" is a person/entity which has been determined by the Federal Internal Revenue Service to be a tax-exempt organization pursuant to Section 501(c)(3) and which is established for any benevolent, philanthropic, humane, social welfare, public health, or other eleemosynary purpose, or for the benefit of law enforcement personnel, firefighters or other persons who protect the public safety.
(c) "Donation bin" is an unattended receptacle or container made of metal, or other fire-resistant material designed or intended solely for the collection and temporary storage of donated clothing, shoes, books, or other salvageable personal property.
(d) "Site Host" is the owner or lawful occupant (or their respective representatives) of the site of a collection bin within the City.
(e) "Director" means the Building Official of the City of Bedford Heights or designee.
(f) "Operator" means a person, entity, association or organization who places, maintains or operates unattended outdoor donation bin(s) on commercial properties for the purpose of placement of any items of salvageable personal property.
(g) "Permittee" means the "Site Host" who is issued a permit authorizing placement of unattended donation bin(s).
(h) "Property owner" means the person, entity, association or organization who owns the real property where the unattended donation bin(s) are or are proposed to be located.
(i) "Residential district" includes all residential zoning districts within the City as established pursuant to Part Eleven - Planning and Zoning Code, including, but not limited to, R-S, R-1A, R-1, R-2, R-3, R-4 and SR Districts.
(f) "Unattended charitable donation bin" means any unattended container, receptacle or similar device that is located on any property within the City for the purpose of placement of any items of salvageable personal property.
(Ord. 2017-055. Passed 6-20-17.)
1130.03 PERMIT APPLICATION REQUIREMENTS.
(a) Unless otherwise exempt, it shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended outdoor donation bins unless the Site Host first obtains a permit pursuant to this chapter and the donation bin is placed, operated and maintained in accordance with all provisions of this chapter.
(b) An application for a permit shall be filed with the City Building Department annually. The application for a permit shall include the following:
(1) A permit fee as follows:
A. Initial Application (one-year period, per bin): $100
B. Renewal Application (one year period per bin): $100
(c) An affidavit stating the following:
(1) The precise location where the bin will be situated, including a description of the business or enterprise being conducted on the property;
(2) The name, location and telephone number of the bona fide office of the charitable organization which has custody of the donation bin and the name of the person authorized by said organization to assure compliance with this ordinance and the phone number, physical address and e-mail address, where such person can be reached during normal business hours. For the purposes of this chapter, an answering machine or service unrelated to the person or entity does not constitute a bona fide office;
(3) The name, phone number and e-mail address of a contact person responsible for the placement, emptying, maintenance and removal of the bin;
(4) Written consent from the property owner to place the bin on the subject property. The written consent shall acknowledge that the City may hold both the property owner and the charitable organization liable for violations of this chapter;
(5) The articles of incorporation of any corporation, the names of the officers of the corporation and the name and physical address of the statutory agent, for purposes of service; and
(6) A statement of the manner in which the application anticipates any donations collected via the bin would be used, sold or disbursed, and the method by which the proceeds of collected donations would be allocated or spent.
(d) The permit application shall be made on a form provided by the Director and shall include the following information:
(1) The name, address, email, website (if available) and telephone number of the applicant;
(2) Written proof sufficient to establish that the operator who will utilize the unattended outdoor donation bin is qualified to solicit placement of any salvageable items of personal property,
(3) The text of the disclosures that will be made on the unattended donation box and/or other unattended outdoor receptacle as required by Section 1130.05(a)(3); and
(4) The physical address of the property owner's and/or Site Host's real property and a drawing sufficient to indicate the proposed location of the unattended donation box and/or other unattended outdoor receptacle on the property owner's real property, as well as the size of the proposed unattended donation box and/or other unattended outdoor receptacle.
(e) Applications shall be filed with the City's Building Official.
(f) Within thirty (30) days of receiving a completed application, the Building Official shall issue a permit or deny the issuance of a permit.
(g) The Building Official shall not issue a permit unless:
(1) The applicant has submitted a complete and accurate application accompanied by the applicable fee;
(2) The operator who will maintain or operate the unattended outdoor donation bin is qualified to solicit placement of salvageable items of personal property,
(3) The proposed location and placement of the unattended donation box and/or other unattended outdoor receptacle on the property owner's real property is in compliance with all applicable laws and will not impede pedestrian, bicycle, site distances onto adjacent streets or vehicular traffic.
(h) If the Building Official denies an application, the Building Official shall state, in writing, the specific reasons for denial.
(i) A permit issued hereunder shall be valid for one unattended donation box and/or one other unattended outdoor receptacle.
(j) The term of the permit shall expire one year from the date of issuance.
(j) No person or operator to whom a permit has been issued shall transfer, assign or convey such permit to another person or operator.
(k) Prior to expiration of the permit, the permittee may voluntarily cancel the permit by notifying the Building Official, in writing, of the intent to cancel the permit. The permit shall become void upon the Building Official's receipt of a written notice of intent to cancel the permit.
(Ord. 2017-055. Passed 6-20-17.)
1130.04 REQUIREMENTS FOR THE UTILIZATION OF DONATION BINS.
Unattended outdoor charitable donation bins shall be permitted on a limited basis and only in compliance with all other provisions of this chapter, and inclusive of all of the following requirements:
(a) A donation bin shall only be owned and operated by a charitable organization as defined above, performing services in relation to its charitable purpose.
(b) The items donated shall be utilized by the charitable organization in pursuit of its exempt purpose.
(c) The items permitted to be deposited in the bin shall be clothing, shoes, books or other salvageable personal property which shall be regularly emptied at a minimum of every two (2) weeks and not permitted to overflow to the point in which contents are visible from the outside; the ground area immediately adjacent to the bin (within six (6) feet of the bin on all sides) shall be kept free of donated items and/or other debris.
(d) The charitable organization operating the donation bid shall obtain a valid permit from the City of Bedford Heights prior to the placement of the donation bin and renew it annually.
(e) The valid permit shall be displayed at all times in a conspicuous location on the exterior of the bin.
(f) The charitable organization operating the donation bin shall clearly display the following information in a conspicuous location on the donation bid: name, address and contact telephone number of the bona fide office of the charitable organization which owns or has custody of the bin.
(g) The bin shall be kept free of signs except for those identifying the charitable organization that is responsible for the donation bin and the information required herein.
(h) The bin must maintain an aesthetic presentation including, but not limited to, fresh paint, readable signage and general upkeep.
(i) Applicant must remove graffiti within five (5) business days following receipt of notice of its existence.
(j) Applicant must respond to collection bin maintenance complaints within one business day of receiving notification.
(k) If a bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five (5) days of receipt of notice of such conditions.
(Ord. 2017-055. Passed 6-20-17.)
1130.05 PERMIT RENEWAL APPLICATION REQUIREMENTS.
(a) Annual renewal applications shall include an affidavit that all information and statements in the original application continues to be true, and a description of any facts which would make any information or statement in the original application no longer true and accurate. It is a criminal offense to knowingly make a false statement with the purpose to secure the issuance of a permit from a governmental agency.
(b) A permittee may apply for permit renewal by submitting to the Building Official, before the expiration of the permit, a renewal application and a nonrefundable renewal fee in an amount set by resolution of the City Council.
(c) The Building Official shall either approve or deny the renewal of a permit within thirty (30) days of receipt of the complete renewal application and payment of the renewal fee.
(d) The Building Official shall approve the renewal of a permit if he or she finds that no circumstances existed during the term of the permit, existed at the time of submission of an application for renewal, or existed at any time during the review of the application for renewal that are inconsistent with any finding required for approval of a new permit as specified in Section 1130.03 or that would justify the revocation of the permit as specified in Section 1130.06.
(Ord. 2017-055. Passed 6-20-17.)
1130.06 PLACEMENT OF DONATION BINS-RESTRICTIONS.
(a) The placement of the bin shall not create a safety hazard. Such hazards include, but are not limited to, placement of a donation bin within 100 yards of any place which stores or sells large amounts of fuel or other inflammable liquids or gases, or placement of a bin where it interferes with vehicular or pedestrian traffic.
(b) Donation bins shall be secured or removed in such a manner so as to minimize the danger of such units causing damage to persons or property from high winds or severe weather conditions.
(c) No donation bin shall be located in a residential zoning district or within 300 feet of a residential zoning district unless the Site Host's property is devoted solely to a non-profit organization.
(d) Donation bins shall not be placed on a vacant parcel or on a parcel containing a vacant building.
(e) Bins shall not be located in rights-of-way, impede traffic nor visually impair any motor vehicle operation and shall adhere to the set-back standards for the site where they are placed.
(f) No more than one donation bin shall be placed on any property.
(Ord. 2017-055. Passed 6-20-17.)
1130.07 DONATION BIN STRUCTURE.
The structure of the donation bins as defined in Section 1130.02 shall adhere to the regulations as follows:
(a) The donation bin(s) shall be the type that are enclosed by the use of a one-way receiving door so that the contents of the bin(s) may not be accessed by anyone other than those responsible for the retrieval of the contents;
(b) No donation bin shall cover a ground surface area of more than five (5) feet by five (5) feet;
(c) No donation bin shall exceed six (6) feet in height;
(d) There shall be no advertisement of any kind on the bin, except for the identity of the charitable organization and the purpose of the donation effort(s);
(e) The name, address and telephone number of the charitable organization responsible for the donation bin shall be in a conspicuous location in at least two (2)-inch typeface; and
(f) The valid permit shall be securely attached to the exterior of the bin.
(Ord. 2017-055. Passed 6-20-17.)
1130.08 REQUIREMENTS AND MAINTENANCE.
(a) A permittee shall operate and maintain or cause to be operated and maintained all unattended donation bins and all other unattended outdoor receptacles located in the City as follows:
(1) Outdoor unattended charitable donation bins shall be maintained in good condition and appearance with no structural damage, holes or visible rust and shall be free of graffiti;
(2) Outdoor Unattended charitable donation bins shall be locked or otherwise secured;
(3) Outdoor unattended charitable donation bins shall contain the information contained in Section 1130.07 and as required in this section and the following contact information in two (2)-inch typeface visible from the front of each outdoor unattended charitable donation box: the name, address, e-mail and phone number of both the permittee and operator;
(4) Outdoor unattended charitable donation bins shall be serviced and emptied as needed, but at least once per month, or within five (5) business days of a request by the Building Official.
(5) No outdoor unattended charitable donation bin shall be placed within fifty (50) feet of the right-of-way.
(6) Outdoor unattended charitable donation bins shall be located and placed on a paved surface which matches the material (asphalt or concrete) of the access lanes and parking lot area of the lot upon which the donation box is placed. (placement of unattended charitable donation bins on non-paved areas is prohibited).
(b) The permittee shall maintain or cause to be maintained the area surrounding the unattended donation bins free of any junk, garbage, trash, debris or other refuse material.
(c) The permittee, operator, and/or site host shall be individually, jointly and severally responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding the outdoor unattended donation bins outdoor receptacles within twenty-four (24) hours of written notice from the City.
(d) The permittee and operator shall be individually and jointly and severally responsible for all costs for abating and removing any junk, garbage, trash, debris and other refuse material from the area surrounding the outdoor unattended charitable donation bins.
(e) It shall be unlawful for any property owner or operator to place an unattended donation bin in any residential district.
(f) No outdoor unattended charitable donation bin shall be placed within 400 feet from another unattended charitable donation bin.
(g) No outdoor unattended charitable donation bin shall be placed on required parking spaces or within the site triangle of said lot.
(h) No more than one outdoor unattended charitable donation bin shall be placed on a parcel of real property within the City.
(i) The permittee and/or the operator shall, within seventy-two (72) hours' written notification by the Building Official correct any violation of this chapter by performing such maintenance or repairs as directed by the Director. If the permittee and/or the operator fails to make said required maintenance or repairs, the City, in addition to any other available remedies, may declare such unattended donation box a nuisance and seek an order from the municipal court allowing the City to take all action[s] provided for the abatement and removal of nuisances under and pursuant to the Ohio Revised Code.
(Ord. 2017-055. Passed 6-20-17.)
1130.09 REVOCATION OF PERMIT, REMOVAL OF OUTDOOR UNATTENDED CHARITABLE DONATION BINS.
(a) The Building Official shall have the right to revoke any permit issued hereunder if any of the grounds upon which he or she may refuse to issue an initial permit exists. In addition, the failure of the permittee to comply with the provisions of this chapter or other provisions of this code or other law shall also constitute grounds for revocation of the permit. The Building Official shall provide a written notification to the permittee stating the specific grounds for revocation. Upon revocation, the outdoor unattended charitable donation bin shall be removed from the permittee's real property within thirty (30) calendar days and, if not removed within this time period, the City may remove, store and dispose of the outdoor unattended charitable donation bin at the permittee's sole cost and expense.
(b) Upon revocation, a permittee shall be prohibited from applying for a permit for a period of one year. Any violation of the provisions of this chapter is a public nuisance subject to abatement pursuant to this code or as otherwise permitted by law.
(Ord. 2017-055. Passed 6-20-17.)
1130.10 APPEAL TO BOARD OF ZONING APPEALS.
Any person aggrieved by the decision rendered by the Building Official in granting or denying an application for a permit under this chapter or in revoking or refusing to renew a permit issued hereunder may appeal the decision to the Board of Zoning Appeals pursuant to Chapter 1133 of the Codified Ordinances. Notwithstanding Section 1133.05 of the Codified Ordinances, the appeal provided for in this section shall be made by filing a written notice thereof with the Clerk of Council not later than ten (10) calendar days after receiving notice of the decision of the Building Official. The Board of Zoning Appeals shall hold a hearing on the appeal within forty-five (45) calendar days and, notwithstanding other provisions contained in Section 1133, the decision of the Board of Zoning Appeals shall be final.
(Ord. 2017-055. Passed 6-20-17.)
1130.11 ADMINISTRATIVE FEES.
The City Council may, by resolution, establish reasonable fees and deposits to defray the cost of processing applications, proposals and for the administration of this chapter.
(Ord. 2017-055. Passed 6-20-17.)
1130.12 EXEMPTION.
Unattended donation bins located entirely within the interior of a building are exempt from the requirements of this chapter. This chapter shall not apply to any donation bin that is located on premises that are owned or leased by any religious, charitable or eleemosynary organization within an appropriate zoning district and the religious, charitable or eleemosynary organization is the owner or custodian of the donation bin.
(Ord. 2017-055. Passed 6-20-17.)
1130.13 NON-COMPLIANCE.
All unattended donation bins and all other outdoor unattended charitable bins already in place on the effective date of this chapter which are not in compliance with the requirements of this chapter shall be brought into compliance with its requirements within six (6) months after written notice to the operator and/or permittee by the Building Official that said unattended donation box and/or other unattended outdoor receptacle is in violation of the requirements of this chapter unless the operator and/or permittee applies for and is granted a variance from the requirements of this chapter by the City's Zoning Board of Appeals pursuant to Section 1133.06 of the Codified Ordinances.
(Ord. 2017-055. Passed 6-20-17.)
1130.99 VIOLATION; PENALTY.
A violation of the provisions of this chapter shall constitute a minor misdemeanor punishable by a fine of up to one hundred-fifty dollars ($150.00). Each day that such violation persists shall constitute a separate offense.
(Ord. 2017-055. Passed 6-20-17.)