3-8-UNIT RESIDENTIAL. A residential use consisting of 3-8 dwelling units per lot, where all of such units are located within one contiguous structure. This term includes structures conventionally recognized as “Missing Middle” housing, such as triplexes, quadplexes, and six-plexes. This term does not include cottage courts, where the dwelling units are split among independent, separated structures; such uses shall be considered Cottage Court Residential uses. This term does not include any use that fits the definition of a Townhouse Residential use.

9-PLUS-UNIT RESIDENTIAL. A residential use consisting of nine or more dwelling units per lot, where all of such units are located within one contiguous structure. This term includes apartment buildings with nine or more units and school- or college-related dormitories. This term does not include bunks used for on-the-job resting, such as those conventionally found in fire stations. This term does not include any uses defined as Residential Care Housing uses.

ACCESSORY USES AND STRUCTURES. An accessory use is a land use that is incidental and customarily found in connection with the principal use of a property. Accessory uses are often described by their associated structures. For example, parking of private passenger vehicles is an accessory use of a principal residential use; the associated structure for such parking--a detached garage for a one-unit detached residence or a parking garage for an apartment building--would be considered an accessory structure. Accessory uses and their structures may include, but are not limited to the following: accessory dwelling units, carports, decks, garages, gazebos, patios, open porches, balconies, stoops, pergolas or trellises, rain gardens, sheds, swimming pools, hot tubs, recreational ponds, and stormwater retention ponds, swing sets, play

houses, household tennis or sports areas, tree houses, electric vehicle chargers, family day care homes, home occupations, and cottage industries. Accessory uses shall not include a use otherwise described in this Planning and Zoning Code as a principal use; for example, for a church that contains a parochial school, the school is not an accessory use of the Libraries, Museums, Playhouses, and Places of Worship principal use, as it is included in the definition of the Schools principal use; the parochial school shall be considered one of multiple principal uses of the lot, equivalent to the church use.

ADULT-ORIENTED USES. An establishment where a substantial portion of the use is distinguished or characterized by its emphasis on sexually oriented materials. Adult-Oriented Uses include sexually oriented cabarets/theatres, sexually oriented media stores, sexually oriented motels, nude model studios, sexual encounter centers, sexually oriented escort agencies, sexually oriented spas, and sexually oriented viewing booth or arcade booth facilities. Where a use may be defined by multiple terms, and one of such terms is Adult-Oriented Use, the use shall be interpreted to be an Adult-Oriented Use; for example, a shop selling sexually oriented media as a substantial portion of its sales could fit the definition of an Indoor Sales and Services use and an Adult-Oriented Use; in such case, it shall be considered an Adult-Oriented Use and not an Indoor Sales and Services use.

ANIMAL BOARDING. A use consisting of the breeding, boarding, grooming, sale, or training of 5 or more adult domestic animals (excluding farm animals) for which a fee is charged to the animals’ owners, or which is operated by a governmental or non-profit organization. This use term shall not include an animal hospital maintained by a licensed veterinarian as part of the practice of veterinary medicine; such use shall be considered an Indoor Sales and Services use.

BAIL BOND LENDING USES. A use consisting of an institution specializing in providing loans to defendants or representatives of defendants to pay court bail balances.

COMMERCIAL AGRICULTURE. A land use consisting of commercial aquaculture, algaculture, apiculture, animal husbandry, poultry husbandry, or the production for a commercial purpose of timber, field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, or sod; or any combination of such husbandry, production, or growth. This use term includes the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with such husbandry, production, or growth. This use term shall also mean any of the following: (1) agritourism uses, such as pick-your-own berries, goat yoga, or on-farm event venues. This use term does not include any use considered industrial-scale production of food products where the majority of ingredients are sourced from off-site; such uses shall be considered Heavy Industrial uses. This use term does not include slaughterhouse uses; such uses shall be considered Heavy Industrial uses. This use term does not include the processing of hunted wild game, such as deer; such uses shall be considered Light Industrial uses.

COMMUNITY GARDENING. The preparation of the soil, cultivation of vegetables, fruits, and/or flowers, weeding, and harvesting of garden produce by members of multiple households using mainly hand implements for non-commercial purposes. This term may include the use of potable water for the irrigation of the gardens. This term may include the storage of garden implements and supplies within or outside of a garden shed, and the erection of seasonal hoop houses.

COTTAGE COURT RESIDENTIAL. A clustered group of 4-12 separated dwellings oriented around a common open space, where all of the dwellings and the common open space comprise one lot, or where each of the dwellings is located on a “landominium” lot and where all of such lots are completely contained within one common lot. Each dwelling of a Cottage Court shall be affixed to a permanent poured concrete foundation or a permanent concrete block foundation. This term differs from 3-8-Unit Residential uses and from 9-Plus-Unit Residential uses in that those terms include 3-8 residential units or 9 or more residential units within one contiguous building on a lot, whereas a Cottage Court Residential use comprises 4-12 residential units, with each residential unit in its own, separated structure.

CRAFT AND ART INDUSTRIAL. A use consisting of small-scale manufacturing activities that produce minimal noise, vibration, fumes, or other nuisances, typically including activities like woodworking, small-scale soap or candle making, chocolate-making, craft blacksmithing, upholsterer, custom textile-making, and other specialty manufacturing that do not require heavy machinery or large-scale operations.

DAY CARE FACILITY. As defined in the Ohio Revised Code, any place that provides day care or publicly funded day care to thirteen (13) or more children at one time or any place that is not the residence of the licensee or administrator where child day care is provided to seven to twelve (12) children at one time. This use differs from a Day Care Home (including Type A Family Day-Care Home and a Type B Family Day-Care Home), which shall be considered accessory uses rather than principal uses. This term shall not include any use that can be considered an Emergency and In-Patient Medical Services use.

DAY CARE HOME. Any Family Day Care Home Type A or Family Day Care Home Type B, as defined by the Ohio Revised Code. At the time of the drafting of this chapter, the Ohio Revised Code defined a Family Day Care Home Type A as seven (7) to twelve (12) children (or four (4) to twelve (12) children if four (4) children are under two (2) years of age) cared for in the provider’s home, where the provider’s own children under 6 years of age must be included in the total count; and the Ohio Revised Code defined Family Day Care Home Type B as one (1) to six (6) children cared for in the provider’s personal home, where no more than three (3) children may be under the age of two (2), and where the provider’s own children under six (6) years of age must be included in the total count.

DRIVE-THRU SERVICES. An accessory use of a restaurant, bank, pharmacy, or other commercial establishment that allows customers to communicate with an establishment’s staff, place orders, receive services or goods, or make payments without exiting their private automobiles. This service is typically provided through a window or a series of windows where transactions can be completed.

ELECTRIC VEHICLE CHARGING. The charging of an electric vehicle as an accessory use of other vehicle parking or storage uses, and including charging cables, plugs, and their associated converters/inverters.

EMERGENCY AND IN-PATIENT MEDICAL SERVICES. A use providing services for the in-patient medical, psychiatric, or surgical care of sick or injured humans and which may include related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices and bunks, provided, however, that such related facility must be

incidental and subordinate to the main use and must be an integral part of the hospital operation. This use shall include in-patient rehabilitation centers. This use may include in-hospital or hospital-adjacent laboratories with a Biosafety Level of 1 or 2; however, laboratories with a Biosafety Level of 3 or 4 shall be considered Heavy Industrial uses. This use term differs from Residential Care Housing in that the residents of the Residential Care Housing use are considered permanent residents; the patients of an Emergency or In-Patient Medical Services use are being housed only for the limited duration of their treatment or rehabilitation of a disease or procedure.

HEAVY INDUSTRIAL. Uses engaged in the basic processing and manufacturing of materials or products predominately from extracted or raw materials, or a use engaged in storage of, or manufacturing processes using flammable or explosive materials, or storage or manufacturing processes that potentially involve hazardous conditions. This use term shall also mean those uses engaged in the heavy industrial operation, such as the parking and maintenance of vehicles, cleaning of equipment or work processes involving solvents, solid waste or sanitary waste transfer stations, recycling establishments, truck terminals, public works yards, and container storage. This term also includes any of the following uses: acid manufacturing, asbestos manufacturing, chemical and biological incineration (except cremation), concrete products manufacturing, concrete mixing, disinfectant manufacturing, insecticide or poison manufacturing, explosives manufacturing or storage, flour or grain milling, gas manufacturing or storage, glue or gelatin manufacturing, grain drying, poultry feed manufacturing from refuse or mash or grain, hazardous manufacturing, hazardous materials storage, lime or lime products manufacturing, livestock feeding yard (i.e., concentrated animal feeding operation), paper and pulp manufacturing, petroleum or flammable liquids production or refining, rock or stone crushing or milling or quarrying, sawmill or manufacture of wood fiber products, stockyards or slaughterhouse, smelting of metals or ores, stone and monument works employing pneumatic hammers, tar distillation and manufacturing, fertilizer mixing plants, alcoholic production facilities, asphalt/concrete plants, scrap material yards, landfills, salvage yards, and junkyards, recycling plants, chemical processing and refining, and automotive wrecking. This use includes the outdoor storage and sale of materials used at industrial scales, such as the sale of lime, sand, gravel, coal, or other like material. This use includes water treatment and sewage treatment facilities, as well as waste transfer stations, landfills, and waste incineration facilities. This use includes any use considered industrial-scale production of food products where the majority of ingredients are sourced from off-site. This use term shall include any use considered a slaughterhouse and meat packing use, or a sawmill. This use term may include the large-scale production of beer and spirits, where such beer and spirits are canned or bottled for wholesale distribution; where the beer and spirits are served only on-site or into individually ordered growlers or other legal to-go containers but are not canned or bottled for wholesale distribution, such use shall be considered a Indoor Dining, Drinking, and Entertainment use; microbreweries that do not serve on-site may be considered Light Industrial uses. Any laboratory rated as a Biosafety Level 3 or 4 shall be considered a Heavy Industrial use.

HOME ANIMAL HUSBANDRY. An accessory use consisting of the non-commercial raising and care of chickens as an accessory to a principal one-unit residential dwelling use . This term does not include Agritourism or “farm tours.” This term does not include the raising of pets, such as dogs, cats, indoor tropical fish, indoor pet parrots and other non-farm-type pet birds, indoor pet reptiles, and indoor pet amphibians. The Director of Planning and Development shall determine whether an animal not listed in the above definition is similar to a listed animal and whether it shall be permitted.

HOME OCCUPATION. A home occupation is an occupation, profession, or other business activity carried on by a person residing on the premises and accessory to the residential dwelling use (the principal dwelling use may be a one-unit dwelling, a two-unit dwelling, a 3-8-unit dwelling, or a 9-plus-unit dwelling). A home occupation conventionally includes the following: telework or remote office work performed by a resident of the dwelling, hair cutting services performed by a resident of the dwelling, or massage therapy services performed by a resident of the dwelling. Specific uses otherwise defined and regulated by this Planning and Zoning Code shall not be deemed home occupations (e.g., day-care homes).

INDOOR DINING, DRINKING, AND ENTERTAINMENT. A land use consisting of the supply of prepared food and/or beverages to consumers, for dine-in or carry-out consumption, or the hosting of entertainment uses, such as music, dancing, or poetry readings, in an indoor setting, where the indoor facility has a fire occupancy of less than 300 persons. This use may commonly look like coffee shops, bars, restaurants, bakeries, and smoothie cafes. This use does not include stores selling mainly packaged foods or unprepared foods, such as convenience stores and grocery stores, even where such convenience stores and grocery stores may offer a small sampling of prepared foods, such as deli sandwiches; such uses shall be considered Indoor Sales and Services. This use term does not include ghost kitchens, incubator kitchens, community kitchens, or catering kitchens that do not also serve or vend prepared food directly to consumers; such uses shall be considered Light Industrial uses. However, some uses meeting the Indoor Dining, Drinking, and Entertainment use definition and which do serve or vend prepared food directly to consumers may prepare food for delivery dispatch or for catering as an accessory service. This use term may include wine bars, except where such use is considered a wine tasting room as an Agritourism use of a vineyard. This use term may include the small-scale production of beer and spirits, where such beer and spirits are served on-site or into individually ordered growlers or other legal to-go containers but are not canned or bottled for wholesale distribution. Where such beer and spirits are canned or bottled for wholesale distribution, such use shall be considered a Heavy Industrial use. If a use meets the definition of an Adult-Oriented Use, it shall be considered an Adult-Oriented Use, and not a Indoor Dining, Drinking, and Entertainment use. If a use meets the definition of an Indoor Events Center use, it shall be considered an Indoor Events Center use, and not an Indoor Dining, Drinking, and Entertainment use.

INDOOR RECREATION/COMMUNITY CENTERS. A land use consisting of the indoor provision of active physical recreational facilities, such as indoor weight-lifting gyms, indoor exercise course studios, indoor sports courts, and indoor pools, or a community center, congregation of community members, and associated activities. An accessory gym in association with a hotel, office building, or apartment building and which is accessible only to staff, residents, or guests of the hotel, office building, or apartment building shall not be considered a principal Indoor Recreation/Community Center use.

INDOOR SALES AND SERVICES. A use consisting of the sale of goods or provision of services to household consumers or commercial consumers in an indoor setting. This use may include common commercial uses, such as convenience stores, hair salons, doctor’s or dentist’s offices, insurance or tax accounting services, professional offices, art galleries, liquor stores, plant shops, hardware stores, physical therapy and chiropractor offices, print shops, sports shops, toy shops and hobby shops, and dry cleaners without emissions. This use term does not include any services venting noxious fumes, such as dry cleaners using certain volatile solvents; however,

a bakery of less than 1,000 square feet venting bread, cake, cookie, pie, or pastry baking fumes shall be considered an Indoor Sales and Services use. This use term does not include bio-medical laboratories with a bio-safety level (BSL) of 3 or 4; such uses shall be considered Heavy Industrial uses; and medical laboratories with a bio-safety level (BSL) of 1 or 2 shall be considered Light Industrial uses. This use term does not include the sale, rental, refueling, repair, or storage of motor vehicles, including cars, trucks, boats, airplanes, farm equipment, or construction equipment. This use term does not include the sale of materials used at industrial scales, such as the sale of sand or gravel by the ton, but may include the sale of materials on a consumer scale, such as 50-lb bags of sand; the indoor sale of materials used at industrial scales shall be considered a Light Industrial use. This use term does not include in-patient medical services; however, the Indoor Sales and Services use term shall include urgent care clinics without emergency rooms. This use term does not include child care services; such uses shall be considered Day Care Facility uses or Day Care Home accessory uses.

LARGE INDOOR EVENTS CENTER. A use consisting of a fully enclosed space hosting large events, such as weddings, receptions, galas, or parties, for 300 or more guests, where the entire space is reserved for invited guests or where guests are required to purchase tickets in advance. This use term includes convention centers and hotel-associated events spaces for 300 or more attendees. This use term includes fully enclosed arenas, such as centers hosting hockey games, basketball games, or indoor arena concerts or circuses. This use term does not include small events centers, such as gallery exhibitions, with capacity for fewer than 300 guests at one time; such uses shall be considered Indoor Dining, Drinking, and Entertainment uses.

LARGE UTILITY. Any utility facility occupying 10,000 square feet or greater or exceeding a height of 60 feet; utility facilities may include electricity substations, sewer and/or water pump houses occupying 10,000 square feet or greater or exceeding a height of 60 feet, natural gas valve or pump stations, and the like. However, this use term does not include water treatment or sewage treatment plants; such uses shall be considered Heavy Industrial uses. This use term does not include the storage of flammable or explosive fluids; such uses shall be considered Heavy Industrial uses. This use term does not include large-scale electricity generation facilities, such as natural gas generators producing electricity for the grid; such uses shall be considered Heavy Industrial uses. This use term does not include data server centers; such uses shall be considered Light Industrial uses (except in the case that such use also includes an electricity generation plant, in which case it shall be treated as a Heavy Industrial use). This use term does not include electric vehicle charging stations and their associated converters/inverters; such uses are considered Electric Vehicle Charging (accessory use).

LIBRARIES, MUSEUMS, PLAYHOUSES, AND PLACES OF WORSHIP. A use in which literary, musical, artistic, or reference materials, such as, but not limited to, books, manuscripts, computers, recordings, or films, are kept for use by or loaning to patrons of the facility, but are not normally offered for sale; or the exhibition or collection of books or artistic, historical, or scientific objects; or a fully enclosed center for the performance of art, dance, theater, films, or other similar performance; or the practice of religious worship and assembly, such as a church, temple, mosque, or other place of religious worship. This term includes botanical gardens and greenhouse conservatories. This use may be found on lots in conjunction with the living quarters for staff of the religious assembly use, a private school, a meeting hall, offices for administration of the institution, a licensed child or adult daycare, a playground, and/or a cemetery; such associated uses shall be treated as separate uses of the lot.

LIGHT INDUSTRIAL. Uses consisting of the manufacturing, compounding, processing, packaging, storage, assembly, and/or treatment of finished or semifinished products from previously prepared materials, which activities are conducted wholly within an enclosed building and do not produce fumes, odors, vibrations, dust, or other effects that pose a threat to the safety and health of adjacent land users. Finished or semi-finished products may be temporarily stored outdoors pending shipment. This use shall include self-storage centers, warehouses, and data server centers. This use term does not include any services venting noxious fumes, such as dry cleaners using certain volatile solvents or bio-medical laboratories with a bio-safety level (BSL) of 3 or 4; such uses shall be considered Heavy Industrial uses. This use shall include the indoor sale of materials used at industrial scales, provided such materials are not volatile and do not pose a threat to the safety and health of adjacent land users or groundwater supplies.

LODGING. A building or group of buildings containing guest rooms where, for compensation, lodging is provided for transient visitors, such as a hotel, motel, or inn, and is available for stays of less than 30 consecutive days. This term shall not include nature retreat centers or campgrounds that provide a nature or camp-style bunking experience; however, some state or regional parks may include lodges that resemble hotels, and such lodges shall be considered Lodging uses. Where a Lodging use is within the same building as an event space, such as a wedding or conference venue or a meeting hall with a capacity for 300 or more attendees, such building shall be considered both a Lodging use and a Large Indoor Events Center. Where a Lodging use is within the same building as a restaurant or bar, such combination of uses shall be considered both a Lodging use and an Indoor Dining, Drinking, and Entertainment use.

MARIJUANA-, VAPE-, OR SMOKE-ORIENTED USES. A use consisting of the sale or dispensation of recreational or medical cannabis or the sale of consumable products containing marijuana-derived psychoactive compounds that are subject to State licensure, or the sale or on-site consumption of smoking or vaping products and their paraphernalia, including smoking parlors, hookah parlors, cigar shops, vape shops, and cigarette supply stores. This use term shall not include stores that sell cigarettes or other smoking or vaping instruments as a small portion (less than 25%) of total sales, such as certain convenience stores; such stores shall be considered Indoor Sales and Services uses. This term shall not include bars or restaurants that permit patrons to smoke on the premises but that do not sell tobacco, cannabis, or other smokable products to patrons.

NON-RESIDENTIAL DISTRICT. Any zoning district not allowing one or more dwelling uses by administrative review; this includes the Commercial District and the Special Use District, but not the Neighborhood Mixed-Use District or the Turney Road Core Mixed-Use District.

ONE-UNIT RESIDENTIAL. A residential use consisting of exactly one principal dwelling unit per lot. This term shall not include any use considered a Townhouse Residential use.

OUTDOOR ARENA. The use of land for outdoor events that attract large numbers of visitors, may generate much night-time light emissions, and may cause large volumes of traffic and noise, including uses such as stadiums, coliseums, open-air arenas, horse tracks, dog-racing tracks, motorcycle and car racing tracks, recreational vehicle driving parks, drive-in theaters, amphitheaters with amplification, outdoor concert venues, amusement and theme parks, zoos, fairgrounds, and festival grounds. While termed “Outdoor”, this use may include some indoor facilities, such as barns, concession stands, circus tents, toilets, causeways and mezzanines, and storage sheds. Where a fairground or festival ground is activated with a fair or festival for a duration of less than 2 weeks per year, such use shall be considered a Temporary Use and not an Outdoor Arena use.

OUTDOOR DINING, DRINKING, AND ENTERTAINMENT. A land use consisting of the supply of prepared food and/or beverages to consumers, for dine-in or carry-out consumption, or the hosting of entertainment uses, such as music, dancing, or poetry readings, in an outdoor setting. This use may commonly look like outdoor areas of bars and outdoor seating at restaurants. This use does not include drive-thru windows; such uses shall be considered accessory uses to an Indoor Dining, Drinking, and Entertainment use. This use does not include members of a household that dine outdoors at their residence or as guests of another residence. If a use has a capacity for more than 300 attendees and meets the definition of an Outdoor Venues use, it shall be considered an Outdoor Venues, and not an Outdoor Dining, Drinking, and Entertainment use.

OUTDOOR SALES. The sale of goods in an outdoor setting. This use may include lumber yards, the sale of mulch or plants outdoors, or a regularly occurring outdoor flea market/rummage sale. This use term does not include the sale of agricultural products included within the definition of an Agriculture use. This use term does not include the sale of materials used at industrial scales, such as the sale of sand or gravel, but may include the sale of materials on a consumer scale, such as 50-lb bags of sand; the outdoor sale of materials used at industrial scales shall be considered a Heavy Industrial use. This use term does not include the sale of motor vehicles such as cars and trucks; such uses shall be considered Vehicle Sales, Refueling, Repair, and Servicing uses.

OUTDOOR VENUES. A use consisting of any outdoor space hosting special events, such as weddings, receptions, galas, or parties, for 300 or more guests, where the space is reserved for invited guests only or where guests are required to purchase tickets in advance. This use may often be found in conjunction with a wedding venue that includes an indoor and outdoor event space. This use term may include such uses that generate night-time light emissions and may cause large volumes of traffic and noise, including uses such as stadiums, coliseums, open-air arenas, horse tracks, recreational vehicle driving parks, drive-in theaters, amphitheaters with amplification, outdoor concert venues, amusement and theme parks, zoos, fairgrounds, and festival grounds. While termed “Outdoor”, this use may include some indoor facilities, such as barns, concession stands, circus tents, toilets, causeways and mezzanines, and storage sheds. Where a fairground or festival ground is activated with a fair or festival for a duration of less than 2 weeks per year, such use shall be considered a Temporary Use and not an Outdoor Venues use.

PAWN SHOPS. A use consisting of a retail establishment that offers secured loans to individuals, using personal property as collateral. Items used for collateral often include jewelry, electronics, tools, and other valuables.

PRESERVES. A land use comprising areas intended to remain in a predominately natural or undeveloped state to provide resource protection and possible opportunities for passive recreation and environmental education for present and future generations. This use is largely limited to natural, undeveloped land uses but may include accessory structures commonly associated with natural areas, such as boardwalks, interpretational and wayfinding signage, bathrooms, and parking areas. This use term includes “vacant” land left in a naturalized state. This use differs from the Sports Fields and Outdoor Recreation use in that its primary purpose is natural preservation with secondary, subordinate use as a passive recreation asset, whereas Sports Fields and Outdoor Recreation use is primarily a recreational asset.

RESIDENTIAL CARE HOUSING. A residential-medical hybrid use where permanent residents of the property receive on-site care from non-resident therapists, nurses, counselors, or other healthcare providers on a recurring, regular basis. However, this use does not include such situations where there are fewer than 8 residents receiving on-site care or fewer than 3 healthcare providers providing on-site care at any time as regularly occurring per lot; in such case, such use shall be considered a dwelling use. This use differs from Emergency or In-Patient Medical Services in that the residents of the Residential Care Housing use are considered permanent residents; the patients of an Emergency or In-Patient Medical Services use are being housed only for the limited duration of their treatment or rehabilitation of a disease or procedure.

RESIDENTIAL DISTRICT. Any zoning district allowing one or more dwelling uses by administrative review, including the Residential 1 District and the Residential 2 District. The Neighborhood Mixed-Use District and the Turney Road Core Mixed-Use District shall be considered residential districts by this definition.

SCHOOLS. The teaching of children or adults including primary and secondary schools, colleges, professional schools, dance schools, business schools, trade schools, art schools, religious schools, and similar facilities.

SPORTS FIELDS AND OUTDOOR RECREATION. An open-space use designed for recreational activities, such as walking, sitting, jogging, or nature-watching, and may include play areas and play structures for children, gardens, community gardens, naturalized areas, fields for open play, splashpads, fountains, walkways, bike paths, benches, bathrooms, swimming pools, dog parks, skate parks, pickleball and tennis courts, basketball courts, baseball fields, soccer fields, football fields, foot-racing tracks, golf ball driving ranges, and golf courses. This use shall not include arboreta, which shall be considered a Libraries, Museums, Playhouses, and Places of Worship use. This use shall not include areas defined as Preserves uses; however, this use may be conventionally conducted in conjunction with or on the same property as a Preserves use. This use differs from Outdoor Venues in that it is less intense in noise generation and traffic generation; this use does not include stadiums or open-air arenas, although it may include low-rise bleachers.

STANDARD PLANT. A plant that is nursery grown in a climate similar to or more severe than that of the city, typical of its species in branch structure; free of cultural or mechanical injury, insect eggs or their larvae and plant diseases; and is accompanied by certification of inspection from authorities having jurisdiction over use and shipment. Sizes, grading, root spread, dimensions of earth balls and measurement shall conform to American Standards for Nursery Stock of the American Association of Nurserymen, Inc., also known as the “AAN.”

STANDARD SCREENING. A fence, masonry wall, or evergreen hedge which is 80% or more solid and either six feet high or of a height adequate to screen the view from a person six feet tall standing on a public street on adjacent property.

STANDARD SHRUB. A standard plant that is deciduous or evergreen with a busy habit of growth. Sizes, or sizes and spread, shall conform to the American Association of Nurserymen’s (AAN’s) standards for types of their categories of deciduous shrubs, evergreens and evergreen broadleaf.

   (A)    Deciduous = a height of 2-3 feet.

   (B)    Evergreens, coniferous = a height of 2.5-3 feet with a spread of 18 to 24 inches.

   (C)    Evergreens, broadleaf = a height of 2-2.5 feet with a spread of 16 inches.

STANDARD TREE. A standard plant that is a deciduous hardwood species or named variety thereof with a minimum caliper of 2 - 2 ½ inches, measured height conforming to the American Association of Nurserymen’s (AAN’s) Type 1 (standard shade trees) or Type 2 (slower growing shade trees). The tree species selected shall have a normal spread of twenty (20) feet in twenty (20) years’ growth.

TEMPORARY USE. A use established for a fixed period of time, with the intent to discontinue such use upon the expiration of such time, that does not involve the construction or alteration of any permanent structure.

TOWNHOUSE RESIDENTIAL. A residential use consisting of one dwelling unit, where such dwelling unit is a component of a row of 3-8 contiguous dwelling units, where each dwelling unit in the row is situated on a separate lot, and where each dwelling unit in the row shares a side wall with one or two other dwelling units.

TWO-UNIT RESIDENTIAL. A residential use consisting of exactly two principal dwelling units per lot, where both of the units are located within one contiguous structure. This term includes uses conventionally recognized as duplexes.

VEHICLE SALES, RENTAL, REFUELING, REPAIR, AND SERVICING. A use consisting of the display, leasing, rental, sale, financing, marketing, repair, refueling, and/or servicing of passenger cars, recreational vehicles (including motorized and wind-powered watercraft but excluding aircraft), trucks, and other motorized vehicles. This use does not include the charging of electric vehicles; such uses shall be considered an Electric Vehicle Charging accessory use. This use term includes body work and vehicle painting services in fully enclosed buildings. This use is commonly accompanied by a convenience store; in such cases, the lot shall be considered both a Vehicle Sales, Rental, Refueling, Repair, and Servicing use and an Indoor Sales and Services use. If such a lot with a gas station and convenience store also hosts a restaurant use, the lot shall be considered a Vehicle Sales, Rental, Refueling, Repair, and Servicing use, an Indoor Sales and Services use, and an Indoor Dining, Drinking, and Entertainment use. This term shall include truck stops or truck terminals. This term does not include home occupations involving the repair of lawnmowers; such use shall be considered a home occupation.

VEHICLE STORAGE. A use consisting of the storage of non-household vehicles, including fleet vehicles, commercial vehicles, school buses, recreational vehicles, and boats. This use does not include vehicles stored for sale or vehicles stored in queue for repairs or servicing; such uses shall be considered Vehicle Sales, Rental, Refueling, Repair, and Servicing. This term does not include the storage of fewer than two fleet vehicles, commercial vehicles, school buses, recreational vehicles, or boats per residential unit on a lot containing one or more residential units. This use shall not include the storage of more than ten (10) inoperable vehicles, such as a vehicle “graveyard”; such use shall be considered a Heavy Industrial use; for the purposes of this provision, an inoperable vehicle is any vehicle that cannot normally start and drive or lacks fuel, one or more inflated tires, one or more operable lights, or one or more windows or mirrors.

WEAPONS-ORIENTED USES. A use consisting of the firing or sale of guns, rifles, or other explosive weapons. This use may include indoor rifle and pistol ranges, skeet shooting ranges, war games, and other recreational activities using explosive weapons. This use shall also include air-powered pistol uses, such as paint-ball gun ranges and game courses. This use does not include school-administered sports programs involving javelin or discus projectiles; such use shall be considered a Sports Fields, Golf Courses, and Pools use. This use shall not include archery target uses; such uses shall be considered Sports Fields, Courts, Golf Courses, and Pools uses.

(Ord. 87-2025. Passed 1-12-26.)

ABANDONMENT. Abandonment shall mean the cessation of a land use without intention to continue the particular land use. Such cessation of a land use without intention to continue the land use may be demonstrated by scenarios including, but not limited to, the following: (1) the transition of the land use to another land use, and (2) the application for and receipt of zoning permits or building permits from the City indicating a change of use.

ACCESSORY STRUCTURE. A structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.

APPEAL. A request for review of the Floodplain Administrator's interpretation of any provision of these regulations or a request for a variance.

AS-BUILT SURVEY. A survey shown on a plan or drawing prepared by a registered Professional Surveyor indicating the actual dimensions, elevations, and locations of any structures, underground utilities, swales, detention facilities, and sewage treatment facilities after construction has been completed.

AVERAGE PERCENT SLOPE. Average percent slope "S" is computed by the formula: S = (0.00229 I L)/A, where S = average percent slope, I = contour interval, in feet*, L = summation of length of contours, in feet, A = area in acres of parcel being considered. *Calculations of average percent slope should be based upon accurate topographic surveys using a contour interval no greater than ten feet and a horizontal map scale of 1" : 200' or larger.

BASE FLOOD. The flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or 100-year flood.

BASE (100-YEAR) FLOOD ELEVATION (BFE). The water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).

BASEMENT. Any area of the building having its floor subgrade (below ground level) on all sides.

BEST MANAGEMENT PRACTICES (BMPS) OR STORMWATER CONTROL MEASURES (SCMS). Schedule of activities, prohibitions of practices, operation and maintenance procedures, treatment requirements, and other management practices (both structural and nonstructural) to prevent or reduce the pollution of water resources and to control stormwater volume and rate. This includes practices to control runoff, spillage or leaks, sludge or waste disposal, or drainage from raw material storage. For guidance, please see U.S. EPA’s National Menu of BMPs at http://water.epa.gov/polwaste/npdes/swbmp/index.cfm.

BICYCLE. Any two-wheeled non-motorized vehicle with pedals, a chain, a bicycle saddle, handlebars, and a braking mechanism intended for one operator. For the purposes of this Planning and Zoning Code, the term “bicycle” shall also mean any small vehicle that (1) does not use internal combustion engines, that (2) weighs less than 300 pounds, that (3) does not have the capacity to generate twenty (20) horsepower or greater, and shall include unicycles, push scooters, electric push scooters, electric bicycles, motorized wheelchairs, mobility scooters, skateboards, electric skateboards, roller blades, and the like.

CANOPY SIGN. A sign located on an awning or canopy.

CHANNEL-LETTERS. A type of internal sign illumination where each letter or symbol has a light source integrated within it, where such light shines out through a semi-translucent diffusing material on the surface of the letter or symbol; neon lighting and imitation neon lighting are included as examples of channel-letters.

CLEAN WATER ACT. Pub. L. 92-500, as amended Pub. L. 95-217, Pub. L. 95-576, Pub. L. 96 483, Pub. L. 97-117, and Pub. L. 100-4, 33 U.S.C. 1251 et. seq. Referred to as the Federal Water Pollution Control Act or the Federal Water Pollution Control Act Amendments of 1972.

COLLOCATION. The use of a wireless telecommunications facility by more than one wireless telecommunications provider.

COMMUNITY. The City of Garfield Heights, its designated representatives, boards, or commissions.

COMPREHENSIVE STORMWATER MANAGEMENT PLAN. The written document and plans meeting the requirements of this regulation that sets forth the plans and practices to minimize stormwater runoff from a development area, to safely convey or temporarily store and release post-development runoff at an allowable rate to minimize flooding and stream bank erosion, and to protect or improve stormwater quality and stream channels.

CRITICAL STORM. A storm that is calculated by means determined by calculating the of the percentage increase in volume of runoff by a proposed development area for the one-year, twenty-four (24)-hour event. The critical storm is used to calculate the maximum allowable stormwater discharge rate from a developed site.

CUT. A portion of land surface or areas from which the earth has been removed or will be removed by excavation; the depth below the original ground surface or excavating surface.

DAMAGED OR DISEASED TREES. Trees that have split trunks; broken tops; heart rot; insect or fungus problems that will lead to imminent death; undercut root systems that put the tree in imminent danger of falling; lean as a result of root failure that puts the tree in imminent danger of falling; or any other condition that puts the tree in imminent danger of being uprooted or falling into or along a watercourse or on to a building or structure.

DESIGNATED WATERCOURSE. A river or stream within the City that is in conformity with the criteria set forth in this Chapter.

DETENTION FACILITY. A basin, pond, oversized pipe, or other structure that reduces the peak flow rate of stormwater leaving the facility by temporarily storing a portion of the storm water entering the facility.

DEVELOPMENT. Any manmade change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.

DEVELOPMENT AREA. A parcel or contiguous parcels owned by one person or persons, or operated as one development unit, and used or being developed for commercial, industrial, residential, institutional, or other construction or alteration that changes runoff characteristics.

DEVELOPMENT DRAINAGE AREA. A combination of each hydraulically unique watershed with individual outlet points on the development area.

DISTURBED AREA. An area of land subject to erosion due to the removal of vegetative cover and/or soil disturbing activities.

DRAINAGE. The removal of excess surface water or groundwater from land by surface or subsurface drains.

DRIVEWAY. A driveway is an improved vehicle pathway that leads from a right-of-way to a one-unit dwelling, a two-unit dwelling, a three-unit dwelling, or a four-unit dwelling. A driveway may lead to a side yard or a rear yard, or may lead to the entrance of a garage of a one-unit dwelling, a two-unit dwelling, a three-unit dwelling, or a four-unit dwelling.

EARTH MOVING. Any excavating, cutting or filling, or any stockpiling thereof.

ENCLOSURE BELOW THE LOWEST FLOOR. See "Lowest Floor."

ENVIRONMENTAL PROTECTION AGENCY OR UNITED STATES ENVIRONMENTAL PROTECTION AGENCY (USEPA). The United States Environmental Protection Agency, including but not limited to the Ohio Environmental Protection Agency (Ohio EPA), or any duly authorized official of said agency.

EROSION. The process by which the land surface is worn away by the action of wind, water, ice, gravity, or any combination of those forces.

EXCAVATING. Removing of soil or other materials by any means whatsoever from water or land on or beneath the surface thereof or beneath the land surface, whether exposed or submerged.

EXECUTIVE ORDER 11988 (FLOODPLAIN MANAGEMENT). Issued by President Carter in 1977, this order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.

EXTENDED CONVEYANCE. A storm water management practice that replaces and/or enhances traditional open or closed storm drainage conduits by retarding flow, promoting percolation of runoff into the soil, and filtering pollutants during the storm water quality event.

EXTENDED DETENTION FACILITY. A stormwater management practice control measure that replaces and/or enhances traditional detention facilities by releasing the runoff collected during the stormwater quality event over at least twenty-four (24) to forty-eight (48) hours, retarding flow and allowing pollutants to settle within the facility.

FAA. The Federal Aviation Administration.

FCC. The Federal Communications Commission.

FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA). The agency with the overall responsibility for administering the National Flood Insurance Program.

FILL. Depositing of soil, rock or other materials by other than natural means.

FINAL STABILIZATION. All soil disturbing activities at the site have been completed and a uniform perennial vegetative cover with a density of at least eighty percent (80%) coverage for the area has been established or equivalent stabilization practices, such as the use of mulches or geotextiles, have

FINISH GRADE OR FINISHED GRADE. The final grade or elevation of the ground surface after grading is completed.

FLOATABLE MATERIAL. In general, any foreign matter that may float or remain suspended in the water column, and includes but is not limited to, plastic, aluminum cans, wood products, bottles, and paper products.

FLOOD OR FLOODING. A general and temporary condition of partial or complete inundation of normally dry land areas from:

   (A)    The overflow of inland or tidal waters, and/or

   (B)    The unusual and rapid accumulation or runoff of surface waters from any source.

FLOOD HAZARD BOUNDARY MAP (FHBM). Usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.

FLOOD INSURANCE RATE MAP (FIRM). An official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.

FLOOD INSURANCE RISK ZONES. Zone designations on FHBMs and FIRMs that indicate the magnitude of the flood hazard in specific areas of a community. Following are the zone definitions:

FLOOD INSURANCE STUDY (FIS). The official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.

FLOOD PROTECTION ELEVATION. The Flood Protection Elevation, or FPE, is the base flood elevation. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.

FLOODWAY. A floodway is the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the designated height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: Moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.

FREEBOARD. A factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.

FREESTANDING SIGN. A sign that is attached to, erected on, or supported by some structure, such as a post, mast, or frame that is not itself an integral part of or attached to a building or other structure.

GOOSENECK LIGHTING. A type of external sign illumination involving a rigid arm extending horizontally away from the sign with a shielded lamp aiming light back towards the sign surface.

GRADE. The degree of rise or descent of a sloping surface.

GRADING. Any excavating, cutting or filling, stockpiling of land or earth or combination thereof in which the topography of the land is altered to a new slope.

GREEN INFRASTRUCTURE. Wet weather management approaches and technologies that utilize, enhance or mimic the natural hydrologic cycle processes of infiltration, evapotranspiration and reuse.

GROUND LIGHTING. A type of external sign illumination involving a ground-mounted lamp projecting light at the sign surface.

HALO-LETTERS. A type of internal illumination where a light source is routed within each letter or symbol and shines towards the backdrop of the sign, creating the effect of a lit halo around each silhouetted letter or symbol.

HAZARDOUS MATERIAL. Any material including any substance, waste, or combination thereof, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may cause, or significantly contribute to, a substantial present or potential hazard to human health, safety, property, or the environment when improperly treated, stored, transported, disposed of, or otherwise managed.

HILLSIDE AREA. Land in all zoning districts in the City with an average percent slope of twelve percent (12%) or greater.

HILLSIDE CONTROL MEASURES. All of the planning work and control that is required and specified by this Planning and Zoning Code.

HISTORIC STRUCTURE. Any structure that is:

   (A)    Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register;

   (I)    Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or

   (J)    Individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.

HYDROLOGIC AND HYDRAULIC ENGINEERING ANALYSIS. An analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.

HYDROLOGIC UNIT CODE. A cataloging system developed by the United States Geological Survey and the Natural Resource Conservation Service to identify watersheds in the United States.

ILLEGAL CONNECTION. Any drain or conveyance, whether on the surface or subsurface, that allows an illicit discharge to enter the MS4.

ILLICIT DISCHARGE. As defined at 40 C.F.R. 122.26 (b)(2), any discharge to an MS4 that is not composed entirely of storm water, except for those discharges to an MS4 pursuant to a NPDES permit or noted in Section 1172.07 of this regulation.

IMPERVIOUS COVER. Any paved, hardened or structural surface regardless of its composition including (but not limited to).

IMPERVIOUS COVER OR IMPERVIOUS SURFACE. Any surface that cannot effectively absorb or infiltrate water. This may include roads, streets, parking lots (except those with permeable pavement), rooftops, sidewalks, buildings, driveways (except those with permeable pavement), loading/unloading spaces (except those with permeable pavement), decks (except those with openings between decking over bare soil), patios (except those with permeable pavement), swimming pools, and other areas not covered by vegetation or soil.

INFILTRATION CONTROL MEASURE. A stormwater control measure that does not discharge to a water resource during the stormwater quality event, requiring collected runoff to either infiltrate into the groundwater and/or be consumed by evapotranspiration, thereby retaining stormwater pollutants in the facility.

LAND DISTURBANCE ACTIVITY. Any change to the surface area of a lot including (but not limited to) clearing, grubbing, stripping, removal of vegetation, dredging, grading, excavating, cut and fill, construction of buildings or structures, paving, and any other installation of impervious cover.

LANDOMINIUM. A landominium, also known as a land condominium, is a type of shared ownership community where an owner owns both the building and the land exactly under the building. This ownership model differs from some condominium ownership models in that, for many condominium ownership models, the land under the building is owned by the communal condominium association, not the owner of the building.

LARGER COMMON PLAN OF DEVELOPMENT. A contiguous area where multiple separate and distinct construction activities may be taking place at different times on different schedules under one plan.

LATTICE TOWER. In reference to wireless telecommunications facilities, a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.

LETTER OF MAP CHANGE (LOMC). A Letter of Map Change is an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:

LIGHT-BOX. A type of internal sign illumination where a light source is integrated within a sign, rather than following the course of each letter or symbol, where such light shines out through a semi-translucent diffusing material on the surface of the sign.

LOW-IMPACT DEVELOPMENT (LID). A site design approach, which seeks to integrate hydrologically functional design with pollution prevention measures to compensate for land development impacts on hydrology and water quality. LID’s goal is to mimic natural hydrology and processes by using small-scale, decentralized practices that infiltrate, evaporate, detain, and transpire stormwater. LID stormwater control measures (SCMs) are uniformly and strategically located throughout the site.

LOWEST FLOOR. The lowest floor of the lowest enclosed area (including basement) of a structure. This definition excludes an "enclosure below the lowest floor" which is an unfinished or flood resistant enclosure usable solely for parking of vehicles, building access or storage, in an area other than a basement area, provided that such enclosure is built in accordance with the applicable design requirements specified in these regulations for enclosures below the lowest floor.

MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Chapter 3733 of the Ohio Revised Code.

MANUFACTURED HOME PARK. As specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the

facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local government authority.

MAXIMUM EXTENT PRACTICABLE. The level of pollutant reduction that operators of small municipal separate storm sewer systems regulated under 40 C.F.R. Parts 9, 122, 123, and 124, referred to as NPDES Stormwater Phase II, must meet.

MONOPOLE. In reference to wireless telecommunications facilities, a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.

MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4). As defined at 40 C.F.R. 122.26 (b)(8), municipal separate storm sewer system means a conveyance or system of conveyances (including roads with drainage systems, municipal streets, catch basins, curbs, gutters, ditches, man-made channels, or storm drains):

   (A)    Owned or operated by a State, city, town, borough, county, parish, district, municipality, township, county, district, association, or other public body (created by or pursuant to State law) having jurisdiction over sewage, industrial wastes, including special districts under State law such as a sewer district, or similar entity, or an Indian tribe or an authorized Indian tribal organization, or a designated and approved management agency under section 208 of the Clean Water Act that discharges to waters of the United States;

   (M)    Designed or used for collecting or conveying storm water;

   (N)    Which is not a combined sewer; and

   (O)    Which is not part of a Publicly Owned Treatment Works (POTW) as defined at 40 C.F.R. 122.2.

MURAL. A sign type consisting of a hand-produced work of art of at least 150 square feet depicting objects, people, landscapes, shapes or patterns, words, symbols, or phrases using only paint applied by hand directly onto an exterior wall of a building or structure or to panels mounted flush to the exterior wall of a building or structure. Stained-glass windows crafted to be viewed from the exterior of the building, where exceeding 150 square feet on any one of the structure’s elevations, shall be regulated as murals. Murals on the interiors of buildings but clearly visible to the general public through large transparent glass, such as those on the inside of atria, shall be regulated as murals. The following shall not be considered murals:

NATIONAL FLOOD INSURANCE PROGRAM (NFIP). The NFIP is a Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES): A regulatory program in the Federal Clean Water Act that prohibits the discharge of pollutants into surface waters of the United States without a permit.

NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) STORM WATER DISCHARGE PERMIT. A permit issued by EPA (or by a State under authority delegated pursuant to 33 USC § 1342(b)) that authorizes the discharge of pollutants to waters of the United States, whether the permit is applicable on an individual, group, or general area wide basis.

NATURAL GROUND SURFACE. The ground surface in its original state before any grading, excavation or filling.

NATURAL VEGETATION. Plant materials which are indigenous to the area and exist on a site prior to any construction or earth moving activity.

NEW CONSTRUCTION. Structures for which the "start of construction" commenced on or after the initial effective date of the City of Garfield Heights Flood Insurance Rate Map, July 10, 1971, and includes any subsequent improvements to such structures.

NONCONFORMING LOT. A nonconforming lot shall mean any lot that was lawfully created prior to the enactment of this Code and that was recorded by the County Auditor’s Office prior to the enactment of this Code and that does not comply with the minimum lot area, lot width, and/or lot depth standards required by this Code.

NONCONFORMING STRUCTURE. A nonconforming structure shall mean any structure that:

   (A)    Was lawfully constructed, including having received any certificates or permits as required by this City at the time of erection; and

   (S)    Does not now conform to the provisions of this Code or amendment thereto with respect to setback, height, building footprint, impervious coverage percentage, building type, or architectural design standards.

NONCONFORMING USE. A nonconforming use shall mean any use of a particular lot, portion of a lot, or structure that:

   (A)    Was established lawfully, including having been a lawful land use of the district in which it is located per the planning and zoning code in effect at the time of its establishment, and including having been issued any certificates or permits as required by the planning and zoning code in effect at the time of its establishment; and

   (T)    Is no longer a lawful land use in the zoning district in which it is located as restricted by this Code.

NON-STRUCTURAL STORMWATER MANAGEMENT PRACTICE OR NON-STRUCTURAL STORMWATER CONTROL MEASURE (SCM). Any technique that uses natural processes and features to prevent or reduce the discharge of pollutants to water resources and control stormwater volume and rate.

OFF-LOT DISCHARGING HOUSEHOLD SEWAGE TREATMENT SYSTEM (HSTS). A system designed to treat household sewage on-site and discharges treated wastewater effluent off the property into a storm water or surface water conveyance or system.

OHIO ENVIRONMENTAL PROTECTION AGENCY. The governmental agency referred to herein as the Ohio EPA.

ONE HUNDRED YEAR FLOODPLAIN. Any land susceptible to being inundated by water from a base flood. The base flood is the flood that has a one percent or greater chance of being equaled or exceeded in any given year. The one hundred year floodplain shall be identified by the FEMA maps of the City.

OPEN SPACE. Land devoted to conservation or recreational purposes and/or land designated by a municipality to remain undeveloped (may be specified on a zoning map).

ORDINARY HIGH WATER MARK. The point of the bank to which the presence and action of surface water is so continuous as to leave an area marked by erosion, destruction or prevention of woody terrestrial vegetation, predominance of aquatic vegetation or other easily recognized characteristic. The ordinary high water mark defines the bed of a watercourse.

OWNER OR DEVELOPER OR BUILDER. Also see “Site Owner/Operator.” An individual, firm, association, trust, syndicate, limited liability company, partnership, corporation or similar entity having sufficient proprietary interest to seek development of land and shall each have the same meaning for the purposes of this Planning and Zoning Code.

PARKING AREA ACCESSWAY. Parking area accessways are improved vehicle pathways connecting a right-of-way and a parking area, where such parking area is not intended for a one-unit dwelling, a two-unit dwelling, a three-unit dwelling, or a four-unit dwelling.

PERSON. Includes any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies. An agency is further defined in the Ohio R.C. 111.15 as any governmental entity of the state and includes, but is not limited to, any board, department, division, commission, bureau, society, council, institution, state college or university, community college district, technical college district, or state community college. "Agency" does not include the General Assembly, the Controlling Board, the Adjutant General's Department, or any court.

POLLUTANT. Anything that causes or contributes to pollution. Pollutants may include, but are not limited to, paints, varnishes, solvents, oil and other automotive fluids, non-hazardous liquid and solid wastes, yard wastes, refuse, rubbish, garbage, litter or other discarded or abandoned objects, floatable materials, pesticides, herbicides, fertilizers, hazardous materials, wastes, sewage, dissolved and particulate metals, animal wastes, residues that result from constructing a structure, and noxious or offensive matter of any kind.

POST-DEVELOPMENT. The conditions that exist following the completion of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

PRE-CONSTRUCTION MEETING. Meeting prior to construction between all parties associated with the construction of the project including government agencies, contractors and owners to review agency requirements and plans as submitted and approved.

PRE-DEVELOPMENT. The conditions that exist prior to the initiation of soil disturbing activity in terms of topography, vegetation, land use, and the rate, volume, quality, or direction of stormwater runoff.

PROFESSIONAL ENGINEER. See Registered Professional Engineer.

PROJECTING SIGN. Any permanent building sign attached perpendicular to a building wall and extending laterally at least twelve (12) inches but not more than sixty (60) inches from the face of such wall. Any support structures and cables that stabilize the sign from the effects of the wind and gravity and originate from the building’s facade or roof may be treated as parts of a projecting sign but shall not contribute to the sign area of the projecting sign.

RECREATIONAL VEHICLE. Also known as an RV, a private, non-commercial portable structure that is self-propelled or towable by another vehicle and of such size and weight as not to require special highway movement permits. Such vehicle shall be primarily designed, constructed or modified to provide temporary living quarters or for recreational, camping or travel use, and not for commercial purposes or for profit, and shall include, but not be limited to, the following:

REDEVELOPMENT. A construction project on land that has been previously developed and where the new land use will not increase the runoff coefficient used to calculate the water quality volume. If the new land use will increase the runoff coefficient, then the project is considered to be a new development project rather than a redevelopment project.

REGISTERED PROFESSIONAL ARCHITECT. A person registered to engage in the practice of architecture under the provisions of Ohio R.C. 4703.01 to 4703.19.

REGISTERED PROFESSIONAL ENGINEER. A person registered as a professional engineer under Chapter 4733 of the Ohio Revised Code.

REGISTERED PROFESSIONAL SURVEYOR. A person registered as a professional surveyor under Chapter 4733 of the Ohio Revised Code.

RESIDENTIAL DISTRICT. A zoning district that allows one or more types of residential land uses by administrative review. At the time of this ordinance’s enactment, such zoning districts include the Residential 1 District, the Residential 2 District, the Neighborhood Mixed-Use District, and the Turney Road Core Mixed-Use District.

RIPARIAN AND WETLAND SETBACK. The real property adjacent to a water resource on which soil disturbing activities are limited, all as defined by the requirements of Chapter 1179 “Riparian Setbacks”.

RIPARIAN AREA. Land adjacent to any brook, creek, river, or stream having a defined bed and bank that, if appropriately sized, helps to stabilize streambanks, limit erosion, reduce flood size flows, and/or filter and settle out runoff pollutants, or performs other functions consistent with the purposes of this regulation.

RIPARIAN SETBACK. The real property adjacent to a designated watercourse located within the area defined by the criteria set forth in Chapter 1179 “Riparian Setbacks”.

RUNOFF. The portion of rainfall, melted snow, or irrigation water that flows across the ground surface without filtering into the soil and is eventually returned to water resources.

SEDIMENT. The soils or other surface materials that can be transported or deposited by the action of wind, water, ice, or gravity as a product of erosion.

SEDIMENTATION. The deposition of sediment in water resources.

SIGN. Any visual or graphic device that is designed and/or used to communicate--primarily through use of words, numbers, characters, and/or proprietary symbols, as defined herein--a verbal and/or visual message. Such a device shall be considered a sign whether or not a message is currently displayed thereupon. Sign shells, embellishments, and support structures shall be considered part of the sign. Flags shall be considered signs per this definition. Murals and wall paintings shall be considered signs per this definition.

SIGN ILLUMINATION. Any lighting source, other than the sun, that illuminates the surface or interior of a sign. Lighting around the border of a sign, such as in the case of perimeter lighting around a window displaying a window sign or in the case of a border of lights around a marquee sign, shall be considered part of the sign illumination. Sign illumination shall not be construed as referring to any illumination of signs provided by light sources intended to generally illuminate an area in which a sign is located--such as street lights, facade lighting, or parking lot lighting--rather than specifically to illuminate the sign.

SITE OWNER/OPERATOR. Any individual, corporation, firm, trust, commission, board, public or private partnership, joint venture, agency, unincorporated association, municipal corporation, county or state agency, the federal government, other legal entity, or an agent thereof that is responsible for the overall construction site.

SOIL AND WATER CONSERVATION DISTRICT (CSWCD). The Cuyahoga County, Ohio Soil and Water Conservation District, organized under Chapter 1515 of the Ohio Revised Code, including the Board of Supervisors and its designated employees.

SOIL DISTURBING ACTIVITY. Clearing, grading, excavating, filling, or other alteration of the earth’s surface where natural or human made ground cover is destroyed that may result in, or contribute to, increased stormwater quantity and/or decreased stormwater quality.

SPECIAL FLOOD HAZARD AREA. Also known as "Areas of Special Flood Hazard", it is the land in the floodplain subject to a one percent (1%) or greater chance of flooding in any given year. Special flood hazard areas are designated by the Federal Emergency Management Agency on Flood Insurance Rate Maps, Flood Insurance Studies, Flood Boundary and Floodway Maps and Flood Hazard Boundary Maps as Zones A, AE, AH, AO, A1 30, and A99. Special flood hazard areas may also refer to areas that are flood prone and designated from other federal state or local sources of data including but not limited to historical flood information reflecting high water marks, previous flood inundation areas, and flood prone soils associated with a watercourse.

SPECIFIC NATURE. Specific nature shall mean the particular means, manner, and mode in which a land use is carried out. As an example of the use of this term: a planning and zoning code may include a general use-category term, such as “retail establishment,” but such general use-category term may include uses with many different specific natures, such as a retail establishment open only on weekends and selling hiking shoes directly to consumers, a retail establishment selling camping supplies only to boy scout troops, and a retail establishment open only seasonally and selling ski boots.

STABILIZATION. The use of Best Management Practices or Stormwater Control Measures that reduce or prevent soil erosion by stormwater runoff, trench dewatering, wind, ice, gravity, or a combination thereof.

START OF CONSTRUCTION. The date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days of the permit date. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of

excavation; or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of a building.

STORMWATER CONTROL MEASURE (SCM) OR BEST MANAGEMENT PRACTICE (BMP). See “Best Management Practices” in this Glossary of Terms.

STORMWATER OR STORM WATER. Defined at 40 CFR 122.26(b)(13), any surface flow, runoff, and drainage consisting entirely of water from any form of natural precipitation resulting from such precipitation.

STRUCTURAL STORMWATER MANAGEMENT PRACTICE OR STORMWATER CONTROL MEASURE. Any constructed facility, structure, or device that prevents or reduces the discharge of pollutants to water resources and controls stormwater volume and rate.

City of Garfield Heights, Ohio, Planning and Zoning Code

STRUCTURE. A walled and roofed building, manufactured home, or gas or liquid storage tank that is principally above ground.

SUBSTANTIAL DAMAGE. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed fifty percent (50%) of the market value of the structure before the damage occurred.

SUBSTANTIAL IMPROVEMENT. Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure before the "start of construction" of the improvement. This term includes structures, which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include:

SURFACE WATERS OF THE STATE OR WATER RESOURCE. Any streams, lakes, reservoirs, ponds, marshes, wetlands, or other waterways situated wholly or partly within the boundaries of the state, except those private waters which do not combine or affect a junction with surface water. Waters defined as sewerage systems, treatment works or disposal systems in Section 6111.01 of the Ohio Revised Code are not included.

TELECOMMUNICATION. The technology which enables information to be exchanged through the transmission of voice, video, or data signals by means of electrical or electromagnetic systems.

TEMPORARY SIGN. A sign that is not permanently affixed to a structure, is not permanently embedded in the ground, or is made of material that is not designed to be permanently outdoors (such as canvas, fabric, cardboard or corrugated plastic) and is designed to be displayed for a short period of time, typically fewer than 180 days in a calendar year. Examples of temporary signs include fabric signs indicating that a store is “coming soon,” a corrugated plastic political campaign yard sign in a residential yard, or a real estate sign indicating a for-rent apartment unit.

TOTAL MAXIMUM DAILY LOAD (TMDL). The sum of the existing and/or projected point source, nonpoint source, and background loads for a pollutant to a specified watershed, water body, or water body segment. A TMDL sets and allocates the maximum amount of pollutant that may be introduced into the water and still ensure attainment and maintenance of water quality standards.

UNDISTURBED. That portion of the parcel to be developed which will not be regraded, have any vegetation removed from or have any impervious surface constructed on or over as specified in this Planning and Zoning Code.

UTILITY SERVICE LINES. Public or private lines servicing septic systems, sanitary sewers, storm sewers, water, electricity, natural gas, telephone, cable television and other digital transmissions, and other utilities on individual lots as well as public and private lines servicing utilities to more than one lot.

VISION CLEARANCE TRIANGLE. Also called a “sight triangle,” for any street-and-street intersection, the vision triangle shall be defined as the area bounded by the street property lines of corner lots and a line joining points along said street lines twenty (20) feet from their point of intersection. For any street-and-driveway intersection, the vision triangle shall be defined as the area bounded by the street property line and the edge of the driveway and a line joining points along said street and driveway twenty (20) feet from their point of intersection.

WALL SIGN. A sign attached flat or mounted parallel to the façade of a building that does not extend more than twelve (12) inches from the façade of the building.

WASTE WATER TREATMENT PLANT (WWTP). A facility at the end of a sanitary collection system, which processes the influent waste and discharges water to a receiving stream, treated to the standards of the Ohio EPA.

WASTEWATER. The spent water of a community. From the standpoint of a source, it may be a combination of the liquid and water-carried wastes from residences, commercial buildings, industrial plants, and institutions.

WATER QUALITY VOLUME (WQV). The volume of stormwater runoff which must be captured and treated prior to discharge from the developed site after construction is complete. WQv is based on the expected runoff generated by the mean storm precipitation volume from post-construction site conditions at which rapidly diminishing returns in the number of runoff events captured begins to occur. The volume of runoff from a contributing watershed that must be captured and treated, equivalent to the maximized capture.

WATERCOURSE. Any brook, channel, creek, river, or stream having banks, a defined bed, and definite direction of flow, either continuously or intermittently flowing.

WETLAND. Those areas that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, including swamps, marshes, bogs, and similar areas.

WINDOW SIGN. A sign consisting installed directly to the inside or outside of a window or transparent door. In some cases, one window pane may include multiple individual signs, such as the case of a glass shop door containing multiple signs--one indicating store hours, one indicating what credit cards are accepted, and one advertising an on-site deli; in such case that the signs are within one foot of one another, they shall be considered the same window sign. Likewise, where multiple panels of a window are broken up by decorative grilles or muntins, all signs contained by the whole window within the window frame shall be treated as one window sign, rather than one window sign per section of the multi-paneled window.

WIRELESS TELECOMMUNICATIONS ANTENNA. The physical device through which electromagnetic, wireless telecommunications signals authorized by the Federal Communications Commission are transmitted or received. Antennas used by amateur radio operators and residential or small business satellite dishes are excluded from this definition, and are covered under Chapter 1367 of the Building Code.

WIRELESS TELECOMMUNICATIONS EQUIPMENT SHELTER. The structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.

WIRELESS TELECOMMUNICATIONS FACILITY. A facility consisting of the equipment and structures involved in receiving telecommunications signals from a mobile communications source and transmitting those signals to a central switching computer, which connects the mobile unit with the land-based telephone lines, or sends the signal to another mobile telecommunications receiver.

WIRELESS TELECOMMUNICATIONS TOWER. A structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.

(Ord. 87-2025. Passed 1-12-26.)