For the purposes of this Zoning Code, the following terms, phrases, words and their derivatives shall have the meaning given in the succeeding sections. Words used in the singular include the plural.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Accessory use” or “building” means a subordinate use or building customarily incident to and located on the same lot with the main use or building.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   "Accessory parking space" means an area open or enclosed, of not less than one hundred fifty-three (153) square feet accessible from a street, exclusive of drives or access area and to be used solely for the storage or parking of motor vehicles for use by the owner, tenants, visitors, patients, clients, customers or employees of the main building, structure or land use. Off-street loading requirements shall not be considered as accessory off-street parking spaces.

(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)

   “Alley” means any public space or thoroughfare twenty (20) feet or less in width, but not less than ten (10) feet in width, which has been dedicated or deeded to the public for public travel and affords access to abutting property.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Apartment hotel” means a building or part of a building used for permanent occupancy containing living, sleeping or eating facilities, provided not more than ten percent (10%) of the dwelling units shall be designed for transient accommodations. Such eating facilities may include a dining room and private bar room accessible only from the interior of the building, and such eating facilities shall not have any exterior advertising.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Apartment house” means a Class A multiple dwelling containing three (3) or more dwelling units.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Auto wrecking yard” means any land, building or other structure used primarily for the dismantling of motor vehicles for the purpose of converting such dismantled motor vehicles into scrap metal or salvageable parts.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   A raised landscaped mound of earth used for screening, noise reduction, or beautification.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Building” means a structure designed, built or occupied as a shelter or roofed enclosure for persons, animals or property. “Building” shall be construed under this Zoning Code as if followed by the words “or parts thereof” and shall include tents, lunch wagons, dining cars, camp cars, trailers and other roofed structures on wheels or other supports used for residential, business, mercantile, storage, commercial, industrial, institutional assembly, educational or recreational purposes. For the purposes of this definition “roof” includes an awning or other similar covering, whether or not permanent in nature.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Building line” means the line between which and the street line or lot line, no building or other structure or portion thereof, except as provided in this Zoning Code, may be erected above the grade level. The building line is considered a vertical surface intersecting the ground on such line.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Car wash” means a building or other structure or premises, or part thereof, used for the washing of automobiles and other motor vehicles with a gross vehicle weight of no more than 5,000 pounds.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   "Central Business District" (CBD) means the area bounded as follows: Beginning at the intersection of the center lines of West 10th Street and the Cleveland Memorial Shoreway; thence northeasterly along said center line of the Cleveland Memorial Shoreway to its intersection with the center line of West 3rd Street; thence northwesterly along said center line of West 3rd Street to its intersection with the Harbor line of Lake Erie; thence northeasterly along said Harbor line of Lake Erie to its intersection with the northwesterly prolongation of the center line of East 12th Street; thence southeasterly along said northwesterly prolongation and along said center line of East 12th Street to its intersection with said center line of the Cleveland Memorial Shoreway; thence northeasterly along said center line of the Cleveland Memorial Shoreway to its intersection with the center line of the Inner Belt Freeway as established by Ordinance 1845-47, effective October 22, 1947; thence southerly and southwesterly along said center line of the Inner Belt Freeway to its intersection with the center line of Broadway; thence northwesterly along said center line of Broadway to its intersection with the center line of Carnegie Avenue, S.E.; thence southwesterly along said center line of Carnegie Avenue S.E. to its intersection with the center line of Ontario Street; thence northwesterly along said center line of Ontario Street to its intersection with the center line of Huron Road, N.W.; thence northwesterly along said center line of Huron Road N.W. to its intersection with the center line of Superior Avenue N.W.; thence westerly along said center line of Superior Avenue, N.W. to its intersection with the center line of Old River Road; thence northwesterly along said center line of Old River Road to its intersection with the center line of St. Clair Avenue; thence westerly along said center line of St. Clair Avenue and its prolongation to the center line of the Cuyahoga River; thence northwesterly along said Cuyahoga River center line to its intersection with the center line of the Cleveland Memorial Shoreway; thence easterly along said center line of the Cleveland Memorial Shoreway to the place of beginning, and as outlined on the map hereto attached be and the same is now defined as the Central Business District.

(Ord. No. 76-18. Passed 4-2-18, eff. 4-3-18)

   "Construction and Demolition Debris ("C&DD") Processing Facility" means any site, location, tract of land, installation, or building that is used or intended to be used primarily for the purpose of processing, transferring, or recycling C&DD that was generated off the premises of the facility.

   For purposes of this definition:

   "Transferring" means the receipt or storage of C&DD, or the movement of C&DD from vehicles or containers to a working surface and into other vehicles or containers, for the purposes of transporting the debris to a solid waste landfill facility, a C&DD landfill facility, or a C&DD processing facility.

   "Processing" means the temporary receipt or storage of C&DD, or the movement of C&DD from vehicles or containers to a working surface, for purposes of separating the debris into individual types of materials as a commodity for use in a beneficial manner that does not constitute disposal.

   "Processing facility" does not include:

      (a)   A facility that is operating or is licensed under Ohio law as a solid waste transfer facility or solid waste landfill facility or C&DD landfill facility;

      (b)   Any facility that consists solely of portable containers that have an aggregate volume of fifty (50) cubic yards or less;

      (c)   A site where "clean hard fill", which consists solely of reinforced or non-reinforced concrete, asphalt concrete, brick, block, tile or stone, is stored for no more than six (6) months on a permitted construction site from which it was generated during an active permitted construction, for use on that site, in legitimate fill operations for permitted construction purposes or to bring the site up to a consistent grade, if stored, managed and used in accordance with the Building Code at Chapter 345 and Chapter 3126 of these Codified Ordinances;

      (d)   A site where "clean hard fill," which consists solely of reinforced or non-reinforced concrete, asphalt concrete, brick, block, tile or stone, is stored for no more than six (6) months on a permitted construction site from which it was generated, for use on a permitted site, other than the site from which it was generated, for legitimate fill operations or permitted construction purposes on another site or to bring another site up to a consistent grade, if stored, managed and used in accordance with the Building Code at Chapter 345 and Chapter 3126 of these Codified Ordinances.

   "Temporary receipt or storage" means storage of that material for no more than sixty (60) days, as demonstrated by documentation.

(Ord. No. 806-18. Passed 7-18-18, eff. 7-20-18)

   “Correctional halfway house” means a premises which provides room and board and correctional oversight, pursuant to a contract to provide those services for the Federal Bureau of Prisons or the Ohio Department of Rehabilitation and Corrections or the Cuyahoga County Court of Common Pleas Department of Probation or any other governmental entity with jurisdiction to provide correctional services, to adults who have been assigned to such facility by either a governmental authority or a court of law. Such premises may be one (1) building or a grouping of buildings located on contiguous properties.

(Ord. No. 2215-96. Passed 4-7-97, eff. 4-7-97; Reprinted 7-2-97 CR)

   “Court” means an open, unoccupied space, other than a yard, bounded on two (2) or more sides by the exterior walls of a building, or by exterior walls and lot lines.

(Ord. No. 1105-57. Passed 4-14-58. eff. 4-15-58)

   “Height” as applied to a court, means the vertical distance from the lowest level of the court as actually constructed, or from the grade level, whichever is higher, to the top of the walls bounding the court, or to the level under consideration. In case the tops of such walls are at different elevations, the measurement shall be taken to the average elevation of the two (2) highest walls that are opposite.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Inner court” means a court enclosed on all sides by exterior walls of a building, or by exterior walls and lot lines other than street or alley lines.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Length”, as applied to an outer court, means the mean horizontal distance between the open and closed ends of the court.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Outer court” means a court enclosed on not more than three (3) sides by exterior walls of a building, or by exterior walls and lot lines, with one (1) side or end open to a street or yard, or to an alley or other permanent open public space not less than twenty (20) feet wide.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Width,” as applied to an inner court, means its least horizontal dimension. Width, as applied to an outer court, is the shortest horizontal dimension measured in a direction substantially parallel with the principal open end of such court.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   The perimeter formed by the points furthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Dwelling house” means a detached house designed for and occupied exclusively as the residence of not more than two (2) families, each living as an independent housekeeping unit.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   A single-family dwelling attached to one (1) or more other single-family dwellings by one (1) or more common vertical walls with each dwelling located on a separate lot.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Dwelling unit” means one (1) or more rooms providing complete living facilities for one (1) family, including equipment for cooking or provisions for the same, and including rooms for living, sleeping and eating.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Special exception” means an exception to the provisions of this Zoning Code, specifically mentioned in this Zoning Code as one (1) which may be granted by and at the discretion of the Board of Zoning Appeals.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Family” means one (1) or more persons related by blood, adoption or marriage, or a family foster home, living and cooking together as a single housekeeping unit, exclusive of house-hold servants. A number of persons, but not exceeding three (3) living and cooking together as a single housekeeping unit though not related by blood, adoption or marriage shall be deemed to constitute a family. A “family foster home” means a family related by blood, adoption or marriage as defined above with no more than five (5) foster children.

(Ord. No. 919-88. Passed 6-20-88, eff. 6-24-88)

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

(Ord. No. 1811-2000. Passed 2-12-01, eff. 2-20-01)

   “Floor area” means a floor space enclosed by exterior walls or fire walls or by a combination of them.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   For the purpose of determining the ratio of the floor area of a building to the area of the lot, the “gross floor area” means the sum of the gross horizontal areas of the several floors of the building excluding areas used for accessory garage purposes and such basement and cellar areas as are devoted exclusively to uses accessory to the operation of the building. All horizontal dimensions shall be taken from the exterior faces of walls, including walls or other enclosures of enclosed porches. In computing the gross floor areas of buildings in residence districts, areas of floors with story heights greater than ten (10) feet shall be considered as H/10 times the gross area of the floor, where “H” is the height of the story in feet measured from the floor level to one (1) foot above the ceiling level for top stories, and from floor level to floor level for other stories.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Front yard” means a yard across the full width of the lot, extending from the setback or specific building line or front yard line to the street line.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Front yard line” means a line on or back of the street line between which and the street line no building or other structure or portion thereof, except as provided in this Zoning Code, may be erected above grade level. The front yard line shall be the building line for the front of a building.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Grade level” means the mean elevation of the curb level opposite those walls of the main building that are located on or within five (5) feet of the street line; where all the walls of the main building are more than five (5) feet back from the street line, the grade level is the mean elevation of the ground adjoining the building on all sides.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Hand laundry” means a laundry which occupies not more than one thousand two hundred (1,200) square feet of floor space and within which not more than five (5) persons are engaged in laundry activities.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Building height” means the vertical distance measured from the grade level to the average height of the coping of the street or outside wall for flat roofs, to the deck line of mansard roofs and to the mean height between eaves and ridge for gable, gambrel or hip roofs.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Hotel” means a building or part thereof operated as a public inn and containing ten (10) or more guest rooms for hire.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Institutional H Occupancy Classification” means a building classification based on occupancy which includes all buildings in which people suffering from physical limitation because of health or age are harbored for medical, charitable or other care or treatment, and includes, among others:

   Hospitals;

   Sanitariums and sanatoriums;

   Infirmaries;

   Nursing homes;

   Convalescent homes;

   Old folks homes;

   Homes for the aged;

   Rest homes;

   Orphanages;

   Nurseries for children under five (5) years of age.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Interior side yard” means a side yard which is not a side street yard.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Junk” means any worn out, cast-off or discarded article or material which is ready for destruction or has been collected or stored for salvage or conversion to some use. Any article or material which, unaltered or unchanged and without further reconditioning, can be used for its original purpose as readily as when new shall not be considered junk.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Junk car” means a used car not placed in a safe operating condition for use on the highway within thirty (30) days after it has become unsafe for use on the highway.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Junk yard” means any land or building or other structure used for the storage, collection, processing or conversion of any worn out, cast-off or discarded metal, paper, glass or other material which is ready for destruction, or has been collected or stored for salvage or conversion to some use.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Kennel” means a place where dogs are bred for hunting, or for sale, or for any gain.

(Ord. No. 1900-06. Passed 6-4-07, eff. 6-7-07)

   The assembly of premanufactured parts into finished products by use of small power tools and/or hand tools and such jigs and fixtures as are necessary, but specifically excluding any forging, metal stamping, shearing or casting operations.

(Ord. No. 656-05. Passed 6-6-05, eff. 6-15-05)

   “Lot” (plot) means a portion or parcel of land considered as a unit, devoted or to be devoted to a certain use or occupied by a building or group of buildings and accessory uses that are united by a common interest or use, and the open spaces belonging to the same. A lot may or may not be a platted lot.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Corner lot” means a lot at the point of intersection of and abutting on two (2) intersecting streets, each more than twenty (20) feet in width, the angle of the intersection being not more than one hundred thirty-five (135) degrees. It is the land occupied or to be occupied by the corner building and its accessory buildings. For the purposes of this Zoning Code, in computing the area of a corner lot or in applying the yard regulations, the width shall be considered as extending not more than fifty (50) feet from the side street line measured at right angles thereto, or to the actual lot line, whichever distance is less, and the depth shall be considered as one hundred fifty (150) feet, or the actual depth, whichever is less.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Lot depth” means the mean distance from the street line of the lot to its rear line measured in the mean direction of the side lines of the lot.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   "Lot, Interior" means a lot other than a corner lot.

(Ord. No. 887-18. Passed 6-3-19, eff. 7-3-19)

   “Lot line” means the boundary of a lot separating it from adjoining land, public or private. It may or may not be the boundary line of a lot in a recorded subdivision.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Lot, side line” means any lot line not a front line or a rear line. The side line of a corner lot is the line along the narrower or less important street, unless the lot is a sublot in a recorded subdivision and is clearly intended to front on the narrower street.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Lot width” means the mean width measured at right angles to its depth.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Main building” means the building or space occupied by the chief use or activity on the premises.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   An institution providing in-patient or out-patient care or therapy for individuals affected by mental illness, developmental disabilities, alcoholism or substance abuse and others needing psychological therapy but which does not serve as a residence for such individuals.

(Ord. No. 656-05. Passed 6-6-05, eff. 6-15-05)

   “Motor freight depot” or “trucking terminal” means a place, building or part thereof where merchandise, property or freight transported by motor vehicles, including trailers, to or from outside the limits of Cuyahoga County is received, stored, transferred, loaded, unloaded, delivered or dispatched, and includes any parking space, gasoline filling station, service or repair shop or other accessory service operated in conjunction therewith.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   Any self-propelled wheeled vehicle designed primarily for transportation of persons or goods on public streets. Motor vehicles include automobiles, buses, trucks, self-propelled recreational vehicles except boats, self-propelled farm and construction implements, and both the tractor and trailer portions of tractor-trailers. Motor vehicles exclude train and train cars, aircraft, boats, trailers and manufactured homes.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Motor vehicle maintenance” means routine maintenance services to motor vehicles of a gross vehicle weight of no more than five thousand (5,000) pounds, limited to such activities as the following:

   (a)   Car washing and vacuuming;

   (b)   Addition of fluids;

   (c)   Wiper blade replacement;

   (d)   Flat tire repair and replacement;

   (e)   Electrical charging; and

   (f)   Similar activities that produce minimal noise, vibration or fumes and that exclude activities listed only under the definitions of “motor vehicle minor repair” or “motor vehicle major repair.”

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle minor repair” means repairs and servicing that produce relatively low levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles of a gross vehicle weight of no more than six thousand (6,000) pounds:

   (a)   “Motor vehicle maintenance” as defined in 325.482;

   (b)   Air conditioning, starting and charging service;

   (c)   Brake repair and replacement;

   (d)   Engine oil changes, fluids replacement;

   (e)   Exhaust system repair and replacement;

   (f)   Automotive electrical work other than audio sound system installation;

   (g)   Shock absorber, spring, and strut replacement;

   (h)   Upholstery work;

   (i)   Tire balancing, tire installation; wheel alignment;

   (j)   Windshield and glass installation;

   (k)   Tune-ups, diagnostics; spark plug replacement, emission control service; and

   (l)   Other repairs of a similar nature with respect to impacts on nearby properties.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle major repair” means repairs that produce relatively high levels of noise, vibration and fumes and, more specifically, include the following types of repairs to motor vehicles and repairs of a similar nature with respect to impacts on nearby properties:

   (a)   Audio sound system installation;

   (b)   Auto body customizing; sun roof installation;

   (c)   Auto body sheet metal, fiberglass or plastic repair, replacement, prepping or painting;

   (d)   Auto body or frame media blasting;

   (e)   Chassis and frame cleaning, fabrication, straightening or welding;

   (f)   Transmission repair and replacement;

   (g)   Any other types of automotive work not included in the definition of “motor vehicle minor repair” except for automotive engine machine rebuilding and machining, as permitted in 345.03(c)(31); and

   (h)   Any “minor repair” of motor vehicles of greater than six thousand (6,000) pounds gross vehicle weight.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle sales facility” means any land or buildings used primarily for the sale of new or used motor vehicles fit for transportation, which may include as an accessory use “minor repair” of motor vehicles sold from the facility or, in the case of a new car sales facility, “minor repair” of vehicles of the make sold in the facility.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle service station” means a use of premises primarily for the retail sale of gasoline or other motor vehicle fuels and oil for delivery into automotive vehicles, and may include the retail sale of lubricants, tires, batteries and automotive accessories; and may include the rendering of services and repairs limited to “minor repair” of motor vehicles, as defined in Section 325.483.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle service garage” means a building or part thereof in which the motor vehicle servicing and repairs performed are limited to “minor repair” of motor vehicles as defined in Section 325.483.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Motor vehicle repair garage” means a building or part thereof in which the motor vehicle servicing and repairs performed may include both “minor repair” as defined in Section 325.483 and “major repair” as defined in Section 325.484.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Multiple dwelling” means a building other than a dwelling house, row house or institution occupied in whole or in part as a residence. It includes apartment houses, rooming houses and other buildings classified as Class A or Class B multiple dwellings.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Multiple dwelling, Class A,” means a multiple dwelling occupied more or less permanently for residence purposes by more than two (2) families and in which the rooms are occupied in apartments, suites or groups, each comprising a dwelling unit. Class A multiple dwellings include, among others:

   Apartment houses;

   Apartment hotels;

   Studio apartments;

   Tenement houses;

   Bachelor apartments;

   Duplex apartments;

   Kitchenette apartments;

   Garden-type apartments.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Multiple dwelling, Class B,” means a multiple dwelling occupied, as a rule transiently, as the more or less temporary abode of individuals or families with or without meals, and in which, as a rule, the rooms are occupied singly and not as dwelling units. Class B multiple dwellings include, among others:

   Lodge houses;

   Rooming houses;

   Boarding houses;

   Furnished room houses;

   Tourist homes;

   Club houses with sleeping accommodations;

   Fraternity houses;

   Sorority houses;

   Dormitories;

   Convents;

   Monasteries;

   School and college buildings containing sleeping; accommodations.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Nonconforming use” means a use of a building or premises that does not conform to the regulations of the use district in which it is located.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   “Nonconformity” means any feature, such as location, size, bulk, height or use of a building or premises, that does not conform to the regulations of the district in which it is located.

(Ord. No. 1105-57. Passed 4-14-58, eff. 4-15-58)

   The percentage of vision-obscuring solid materials visible when screening is viewed horizontally from grade level – or from the level of the roof at the base of the screening in the case of roof-mounted screening – to the top of the screening upon installation, or, in the case of landscape screening, starting no later than twelve (12) months after installation.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   Open land that is used or occupied for the purpose of buying, selling, or storing prior to sale passenger cars, trucks, motor scooters, motorcycles, boats, trailers, recreational vehicles, manufactured homes, cemetery monuments, nursery plants or supplies, or other merchandise.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Community parking garage” means a building or part thereof for the storage of automobiles of residents of an apartment building or other residents in the vicinity and in which “motor vehicle maintenance” services, as defined in Section 325.482 may be provided for vehicles stored in the garage.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Private parking garage” means a building or part thereof accessory to a main building and providing for the storage of automobiles and electrical charging of such vehicles and in which no occupation or business for profit is conducted.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Public parking garage” means a building or part thereof for the storage of motor vehicles, other than a private parking garage or a community parking garage, and in which “motor vehicle maintenance” services, as defined in Section 325.482 may be provided for vehicles stored in the garage.

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Parkway” means an arterial highway with full or partial control of access located within a park or a ribbon of park-like development.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   Except as provided in Section 329.01(k), “public notice” of a hearing or procedure means notice of the time and place thereof published in one (1) issue of the City Record at least seven (7) days previous to the hearing.

(Ord. No. 2145-82. Passed 11-5-84, eff. 11-8-84)

   “Rear yard” means a yard immediately in the rear of the main building on the lot and across the full width of the lot. It may or may not be on the opposite side of the building from the front yard.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   As used in this section "recycling" means processing material that would otherwise be disposed of and returning the material to commerce as a commodity for use in a beneficial manner that does not constitute disposal.

   As used in the definition of "recycling", "processing" means storage of not more than forty percent (40%) of the total amount, by weight, of the recyclable materials brought to the facility each month, as averaged monthly, for not less than an eight (8) month rolling period in each calendar year.

(Ord. No. 806-18. Passed 7-18-18, eff. 7-20-18)

   "Recycling Facility" means an engineered Facility or site where Recycling of material is the primary objective of the Facility. For purposes of this chapter, "Recycling Facilities" are those that are licensed by the City of Cleveland and accept only source-separated Recyclable Materials for recycling that are recoverable using existing technology. "Recycling Facility" includes facilities that meet this definition and accept and process Recyclable Materials for marketing to an end user manufacturer, but does not include any Facility licensed by the State of Ohio as a Solid Waste Transfer Facility, Solid Waste Disposal Facility, C&DD Disposal Facility, Composting Facility, Scrap Tire Collection, Scrap Tire Monofill, Scrap Tire Monocell, or Scrap Tire Recovery Facility.

(Ord. No. 806-18. Passed 7-18-18, eff. 7-20-18)

   “Required yard lines” means the lines whose location with respect to lot lines provides required yard spaces.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   A facility for scientific research, testing, experimentation, or product development but not primarily for manufacture, sale or storage of products.

(Ord. No. 656-05. Passed 6-6-05, eff. 6-15-05)

   "Residential facility" means a publicly or privately operated home or facility, licensed pursuant to state law, that provides accommodations, supervision, and personal care services to any of the following: (a) one (1) or two (2) unrelated persons with mental illness; (b) one (1) or two (2) unrelated adults who are receiving residential state supplement payments as defined in the Ohio Revised Code; or (c) three (3) to sixteen (16) unrelated adults.

(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)

   “Rock Crushing” means any activity that uses mechanical processes to break down rock into gravel or other small particulate matter. Rock means any man-made or naturally formed consolidated or coherent and relatively hard mass of material including but not limited to stone, concrete, cement, asphalt, conglomerate or any similar material.

(Ord. No. 586-16. Passed 7-13-16, eff. 7-17-16)

   “Rooming house” or “furnished room house” means a building or part thereof not a hotel or inn in which sleeping rooms are available for hire as lodging with or without meals. Where equipment for cooking or provisions for the same are included in a sleeping room, such room shall be deemed to be a dwelling unit.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Row House” has the same meaning as “townhouse unit” as defined in division (b) of Section 337.031.

(Ord. No. 552-96. Passed 6-10-96, eff. 6-19-96)

(Ord. No. 729-09. Passed 7-1-09, eff. 7-8-09)

   “Setback building line” means a building line back of the street line.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Side yard” means a yard along the side line of a lot and extending from the front building line to the rear yard line or, in the case of a side street yard, to the rear lot line.

(Ord. No. 1891-68. Passed 11-4-68, eff. 11-6-68)

   “Side street yard” means a side yard along the side street the width of which extends from a setback building line to a street line.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Specific building line” means a setback building line indicated and located on the Building Zone Map.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Street” means a public thoroughfare more than twenty (20) feet wide which has been dedicated or deeded to the public for public use.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Street or alley line” means the lot line dividing the lot from, respectively, a street or an alley.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Residence street” means that portion of a street between its intersections with two (2) other streets where the majority of the frontage is within a residence district.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Side street” means the street along the side lines of a corner lot.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Street width” means the width of a street in any block between the intersecting streets, and means the average distance between street lines on opposite sides of the street.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Structure” means anything built or erected including, among other things, outdoor pay telephones, buildings, stadia, reviewing stands, bandstands, bleachers, booths, swimming pools, platforms, towers, bridges, trestles, bins, fences, barriers, poles, tanks above or below ground and signs, and also means the supporting framework or supporting parts of a building. “Structure” shall be construed as if followed by “or parts thereof.”

(Ord. No. 1989-01. Passed 10-22-01, eff. 11-1-01 without the signature of the Mayor)

   “Tourist home” means a rooming house in which transients are lodged for hire.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   A subordinate land use located on the same lot or parcel as a Principal Use (except as may be specifically permitted hereunder to be located on a separate lot) and serving a purpose customarily incidental to that of the Principal Use.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   The main use of a lot or parcel as distinguished from an Accessory Use.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Used car” means a motor vehicle which, notwithstanding age or condition, is such that it can be placed in a safe operating condition for use on the highway.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   An off-street parking area in which attendants in the employ of the parking facility either park or direct the parking of all vehicles.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   Any place other than a motor vehicle repair establishment where there are stored in the open three (3) or more motor vehicles, as defined herein, or trailers, boats, or similar vehicles, that are not in operating condition and have not been restored to operation within thirty (30) days of their arrival, or where parts of such items are stored in the open.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Variance” means a deviation from requirements of this Zoning Code granted by the Board of Zoning Appeals in cases of practical difficulty or unnecessary hardship under the provisions of and as limited in Sections 329.03 and 329.04.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   Landscaping using native or adapted plantings characterized by low water usage.

(Ord. No. 3077-A-89. Passed 6-17-91, eff. 7-27-91)

   “Yard” means an open space on the same lot with a main building or structure, extending between the lot line and the extreme front, rear or side wall of the main building or structure.

(Ord. No. 845-62. Passed 4-27-64, eff. 4-27-64)

   “Skate board facility” means any structure which is erected for private or public skate board use.

(Ord. No. 235-88. Passed 6-13-88, eff. 6-15-88)

   “Temporary use” means any main or accessory use in any Use District involving the erection or occupancy of temporary structures.

(Ord. No. 2228-A-88. Passed 2-27-89, eff. 3-7-89)