For the purpose of this Zoning Code, the following terms and words used herein shall be interpreted as follows:

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

   (b)   The present tense includes the future tense, the singular number includes the plural and the plural number includes the singular.

   (c)   The word "shall" is a mandatory requirement, the word "may" is a permissive requirement and the word "should" is a preferred requirement.

   (d)   The words "used" and "occupied" include the words "intended, designed or arranged to be used" and "intended, designed or arranged to be occupied", respectively.

   (e)   The word "lot" includes the words "sublot", "plot", "piece" and "parcel".

   (f)   The word "he" includes "she"; "him" includes "her"; and "his" includes "hers".

   (g)   The term "such as" shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative.

(Ord. 11-O-1, passed 2-23-2011)

   As used in this Zoning Code:

   (a)   Association. "Association" means a legal entity operating under recorded land agreements or contracts through which each unit owner in a conservation development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization's activities such as maintaining common open space and other common areas and providing services needed for the development. An association can take the form of a homeowners' association, community association, condominium association or other similar entity.

   (b)   Board. "Board" means the Board of Zoning Appeals of the City of Kirtland.

   (c)   Capacity in persons. "Capacity in persons" means the maximum number of persons who can avail themselves of the services or goods of an establishment, at any one time, with reasonable comfort, or according to applicable codes.

   (d)   City Engineer. "City Engineer" means the Engineer of the City of Kirtland.

   (e)   Comprehensive Plan. "Comprehensive Plan" means a plan adopted by the Planning and Zoning Commission and Council, establishing the goals, objectives and policies of the community. This Plan shall include the general location and extent of present and proposed facilities, including housing, industrial and commercial uses, major streets, parks, schools and other community facilities.

   (f)   Conditional use. "Conditional use" means a certain type of main use, so classified because of its uncommon characteristics, infrequent occurrence, large land requirement or other features and shall not be permitted in certain locations by right. Such use requires consideration and approval by the Planning and Zoning Commission according to procedures and standards as provided in Chapter 1285.

   (g)   Conditional use permit. "Conditional use permit" means a permit issued by the Zoning Inspector upon approval by the Planning and Zoning Commission to allow a use, other than a principally permitted use, to be established within a district.

   (h)   Council. "Council" means Council of the City of Kirtland.

   (i)   Density. "Density" means the number of dwelling units per acre of land.

      (1)   Gross density. "Gross density" means the number of dwelling units per acre of the total land to be developed.

      (2)   Net density. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only land devoted to residential uses.

   (j)   Development plan. "Development plan" means the site plan, drawings and information required as provided in Chapter 1263.

   (k)   District. "District" means a portion of the territory of the city within which certain uniform zoning regulations and requirements, or various combinations thereof, apply under the provisions of this Zoning Code.

   (l)   Employees, number of. "Employees, number of" means the maximum number of persons on the two largest successive shifts.

   (m)   Engineer. "Engineer" means any person registered to practice professional engineering by the State Board of Registration, as specified in Ohio R.C. 4733.14.

   (n)   Essential services. "Essential services" means the erection, construction, alteration or maintenance, by public utilities or municipal or other governmental agencies, of underground gas, electrical, steam or water transmission or distribution systems or collection, communication, supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants or other similar equipment and accessories in connection therewith, which are reasonably necessary for the furnishing of adequate service by such public utilities or municipal or other governmental agencies, or for the public health, safety or general welfare, but not including buildings.

   (o)   Family. "Family" means one or more persons related to each other by blood or adoption, together with such blood relatives' respective spouses, who are living together in a single dwelling and maintaining a common household. A family includes domestic servants and not more than one gratuitous guest residing with such family.

   (p)   Mayor. "Mayor" means the Mayor of the City of Kirtland.

   (q)   Nonconformity. "Nonconformity" means a building, structure, sign or use of land existing at the time of enactment of this Zoning Code which does not conform to the regulations of the district or zone in which it is situated.

   (r)   Open space. "Open space" means an area open to the sky, which may be on the same lot with a building. The area may include, along with natural environmental features, swimming pools, tennis courts and any other recreational facilities that the Planning and Zoning Commission deems permissible. Streets, structures for habitation and the like shall not be included.

   (s)   Planning and Zoning Commission. "Planning and Zoning Commission" means the Planning and Zoning Commission of the City of Kirtland.

   (t)   Seat. "Seat" means the number of seating units installed or indicated, on each 24 inches of benches, pews, or space for loose chairs or similar seating facilities. Spacing of rows shall be assumed at 33 inches on center.

   (u)   Subdivision. “Subdivision” means:

      (1)   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll into two or more parcels, sites or lots, any one of which is less than five acres, for the purpose of transfer of ownership. However, the division or partition of land into parcels of more than five acres not involving any new streets or easements of access and the sale or exchange of parcels between adjoining lot owners, where such sale or exchange does not create additional building sites, shall be exempted (may be considered a minor subdivision).

      (2)   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures, involving the division of allocation of land for the opening, widening or extension of any street; or the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easements for the extension and maintenance of public sewer, water, storm drainage or other public facilities.

(Am. Ord. 13-O-60, passed 12-16-2013)

   (v)   Variance. "Variance" means a modification of the strict terms of relevant regulations where such modification will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.

   (w)   Zoning Code. "Zoning Code" means Ordinance No. 75-0-53 passed June 2, 1975 as amended.

   (x)   Zoning permit. "Zoning permit" means a permit issued by the Zoning Inspector indicating a proposed project conforms to the zoning regulations of the city.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Automotive repair garage. "Automotive repair garage" means the repair, rebuilding or reconditioning of motor vehicles or parts thereof, including collision service, painting and steam cleaning of vehicles. It includes major mechanical and body work, and storage of vehicles not in operating condition.

   (b)   Automotive service station. "Automotive service station" means buildings and premises where gasoline, oil, grease, batteries, tires and motor vehicle accessories may be supplied and dispensed at retail and where, in addition, the following services may be rendered and sales made:

      (1)   Sales and service of spark plugs, batteries and distributor parts;

      (2)   Tire servicing and repair, but not recapping or regrooving;

      (3)   Replacement of muffler and tailpipes, water hoses, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like;

      (4)   Radiator cleaning and flushing;

      (5)   Washing, polishing and sale of washing and polishing materials;

      (6)   Greasing and lubrication;

      (7)   Providing and repairing fuel pumps and oil pumps and lines;

      (8)   Minor servicing and repair of carburetors or fuel injection systems;

      (9)   Adjusting and repairing brakes;

      (10)   Minor motor adjustment not involving removal of the head or crankcase or racing the motor.

   (c)   Car wash. "Car wash" means a building or portion thereof containing facilities for washing automobiles, using either production line methods, with a chain conveyor, blower and steam cleaning device, or other methods or mechanical devices.

   (d)   Floor area, loading requirements. "Floor area, loading requirements" means the total floor area used for the main and accessory activities and storage areas of the building served.

   (e)   Floor area, parking requirements. "Floor area, parking requirements" means the total area of all the floors of the building used by the principal activity as enumerated in the schedule, § 1288.05, measured from the exterior faces of the building. Basement areas of other floors or parts thereof, designed, arranged or used exclusively for accessory storage or similar uses, may be excluded from the floor area.

   (f)   Garage, private. "Garage, private" means a detached accessory building or portion of a principal building for the parking or temporary storage of automobiles, travel trailers, boats and/or other vehicles or equipment of the occupants of the premises.

   (g)   Garage, public or storage. "Garage, public or storage" means a building or part thereof, other than a private garage, for the storage of motor vehicles or other equipment in which repair of vehicles or equipment may be carried on.

   (h)   Motor vehicle. "Motor vehicle" means any passenger vehicle, truck, truck-trailer, trailer or semitrailer propelled or drawn by mechanical power.

   (i)   Off-street loading space. "Off-street loading space" means space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space shall not be included as off-street parking space. All off-street loading spaces shall be located totally outside of any street or alley right-of-way.

   (j)   Off-street parking space. "Off-street parking space" means an area not less than nine feet by 20 feet, together with properly related access to a public street and maneuvering room, but located totally outside of any street right-of-way.

   (k)   Recreational equipment. "Recreational equipment" means travel trailer, recreational vehicle (RV), camper, trailer, boat and boat trailer, all-terrain vehicle, motor home and tent trailer.

   (l)   Seating capacity. "Seating capacity" means the number of seating units installed or indicated on plans for places of assembly; where not indicated on plans, it shall be assumed that a seating unit will occupy six square feet of floor area exclusive of all aisles or areas used for assembly.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Alteration. "Alteration" means a change in the size, shape, character, occupancy or use of a building or structure.

   (b)   Awning. "Awning" means a rooflike cover, temporary in nature, which projects from the wall of a building.

   (c)   Basement. "Basement" means a story all or partly underground but having at least one-half of its height below the average level of the adjoining ground.

   (d)   Buildable land. "Buildable land" means the area of the conservation development excluding the areas of wetland, submerge areas, slopes of 25 percent or steeper and the 100-year floodplain.

   (e)   Building. "Building" means any structure designed or intended for the support, enclosure, shelter or protection of persons, animals, chattels or property.

   (f)   Building, accessory. "Building, accessory" means a subordinate building detached from but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use.

   (g)   Building envelope. "Building envelope" means an area within a conservation development that is designated as a location within which a dwelling unit is to be placed in compliance with the building setback and spacing requirements established by the conservation zoning regulations. A building envelope may or may not be located within a sublot and may or may not have frontage on a public street.

   (h)   Building height. "Building height" means the vertical distance measured from the average elevation of the proposed finished grade at that side of the building which has the greatest vertical distance to the highest point of the roof for a flat roof; to the deck line of a mansard roof; and to the mean height between the eaves and the ridge for a gable, hip or gambrel roof.

   (i)   Building, principal. "Building, principal" means a building in which is conducted the main or principal use of the lot on which such building is situated.

   (j)   Canopy. "Canopy" means a rooflike structure of a permanent nature extending beyond exterior walls. A canopy is also referred to as a "marquee".

   (k)   Carport. "Carport" means an open-sided roofed automobile shelter.

   (l)   Erect. "Erect" means to build, construct, attach, hang, place, suspend or fix and also includes the painting of wall signs.

   (m)   Signs. "Signs" means any visual communication display, object, device, graphic, structure or part, situated indoors or outdoors, or attached to, painted on or displayed from a building or structure, in order to direct or attract attention, or to announce or promote, an object, product, place, activity, person, institution, organization or business or the like, by means of letters, words, model, banner, flag, pennant, insignia, device, designs, colors, symbols, fixtures, images, illuminations or representation used as, or which is in the nature of an announcement, direction or advertisement. For the purpose of this Code, the word "sign" does not include flag, pennant, badge or insignia of any government or governmental agency.

   (n)   Structure. "Structure" means anything constructed or erected, the use of which requires a fixed location on the ground, and including, but not limited to, buildings, barriers, bridges, decks, fences, gazebos, outdoor seating facilities, platforms, poles, backstops for tennis courts, pergolas, pools, patios, paved areas, sidewalks, tanks, tents, towers, sheds, signs and walls, but not including any vehicles, buses or former commercial vehicles, trailers and/or other vehicles, whether with or without wheels or other supports.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Building, residential. "Building, residential" means a building which is arranged, designed, used or intended to be used for residential occupancy by one or more families or lodgers and which includes, but is not limited to, the following types:

      (1)   Single-family detached dwellings;

      (2)   Two-family dwellings;

      (3)   Multifamily dwellings; and

      (4)   A row of single- or two-family attached dwellings, developed initially under single ownership or control.

   (b)   Dwelling. "Dwelling" means any building or structure, except a house trailer or mobile home as defined by Ohio R.C. 4501.01, which is wholly or partly used or intended to be used for living or sleeping by one or more human occupants.

   (c)   Dwelling unit. "Dwelling unit" means one or more rooms intended to be occupied by and providing facilities for one family, including rooms and/or facilities for cooking, bathing and toilet facilities.

   (d)   Multifamily dwelling. "Multifamily dwelling" means a dwelling consisting of three or more dwelling units, with cooking and toilet facilities for each dwelling unit.

   (e)   Single-family dwelling. "Single-family dwelling" means a dwelling consisting of a single dwelling unit only, separated from other dwelling units by open space.

   (f)   Two-family dwelling. "Two-family dwelling" means a dwelling consisting of two dwelling units which may be either attached side by side or one above the other, with each unit having a separate or combined entrance or entrances.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Borrow pit. "Borrow pit" means any place or premises where dirt, soil, sand, gravel or other material is removed, by excavation or otherwise, below the grade of surrounding land, for any purpose other than that necessary and incidental to grading or to building construction or operation on the premises.

   (b)   Channel. "Channel" means a natural or artificial watercourse of perceptible extent, with a bed and banks to confine and conduct flowing water continuously or periodically.

   (c)   Flood plain. "Flood plain" means that land, including the floodway fringe and the floodway, subject to inundation by the regional flood.

   (d)   Flood protection elevation. "Flood protection elevation" means the elevation to which uses regulated by this Zoning Code are required to be elevated or floodproofed.

   (e)   Flood, regional. "Flood, regional" means a large flood which has previously occurred or which may be expected to occur on a particular stream because of its physical characteristics. The regional flood generally has an average frequency of the 100-year recurrence interval flood.

   (f)   Floodway. "Floodway" means that portion of the flood plain, including the channel, which is required to convey the regional flood waters. Floods of more frequent recurrence are usually contained completely within the floodway.

   (g)   Floodway fringe. "Floodway fringe" means that portion of the flood plain, excluding the floodway, where development may be allowed under certain restrictions. The floodway fringe is delineated by floods having an average frequency of the 500-year recurrence interval flood.

   (h)   Grade. "Grade" means the average level of the finished surface of the ground adjacent to the exterior walls of a building or structure.

   (i)   Natural feature. "Natural feature" means an existing component of the landscape maintained as a part of the natural environment and having ecological value in contributing beneficially to air quality, erosion control, groundwater recharge, noise abatement, visual amenities, the natural diversity of plant and animal species, human recreation, reduction of climatic stress and energy costs.

   (j)   Nature preserve. "Nature preserve" means an area designated for the preservation of natural, ecological or scenic resources.

   (k)   Reach. "Reach" is a hydraulic engineering term to describe longitudinal segments of a stream or river. A reach will generally include the segment of the flood hazard area where flood heights are influenced by a human-made or natural obstruction. In an urban area, the segment of a stream or river between two consecutive bridge crossings would typically constitute a reach.

   (l)   Wetland. "Wetland" means an area that is inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances does support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. The three criteria that must exist on a site for an area to be designated a wetland are hydric soils, hydrophytic vegetation and wetland hydrology.

(Ord. 11-O-1, passed 2-23-2011)

      (1)   A single lot of record;

      (2)   A portion of a lot of record; or

      (3)   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

      (1)   “Lot frontage” means the portion of a lot nearest the street. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to a street shall be considered frontage and yards shall be provided as indicated in § 1261.10(b). On comer lots, the rear yard shall be interpreted to be opposite the frontage having the least dimension. On square or approximately square corner lots, the rear yard shall be considered that which is opposite the frontage bearing the official post office address. Through lots shall be interpreted to have two front yards and two side yards.

      (2)   Minimum lot frontage requirements shall be determined by a continuous measurement on one frontage. The totaling of discontinuous measurements on one frontage or on more than one frontage to meet minimum frontage requirements is not permitted.

      (1)   The depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear; and

      (2)   The width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building set-back line.

      (1)   Any portion of the right-of-way of any public street or easement for a street;

      (2)   Of the total area of all other easements, the portion that exceeds 20 percent of the total area of the lot; and

      (3)   The areas of ponds, lakes, rivers, streams, and federally designated flood plains, on lots that do not meet the requirements of § 1246.02(b).

      (1)   Corner lot. “Corner lot” means a lot located at an intersection of two or more streets. A lot abutting on a curved street shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost point of the lot meet at an interior angle of less than 135 degrees.

      (2)   Interior lot. “Interior lot” means a lot other than a corner lot with only one frontage on a street.

      (3)   Through lot. “Through lot” means a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

(Ord. 11-O-1, passed 2-23-2011; Am. Ord. 13-O-60, passed 12-16-2013)

   (a)   Easement. "Easement" means authorization by a property owner for the use of any designated part of his or her property by someone else for a specified purpose.

   (b)   Public way. "Public way" means any alley, avenue, bikeway, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, wall or other way in which the general public or a public entity has a right or which is dedicated, whether improved or not.

   (c)   Right-of-way. "Right-of-way" means a strip of land taken or dedicated for use as a public way. In addition to the roadway, it normally incorporates the curbs, lawn strips, sidewalks and lighting and drainage facilities and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts and bridges.

   (d)   Sidewalk. "Sidewalk" means that portion of a road right-of-way outside the roadway, which is improved for the use of pedestrian traffic. (See "walkway.")

   (e)   Thoroughfare, street or road; approved private drive.

      (1)   Approved private drive. “Approved private drive” means the full width of an easement with a part thereof being paved as a private drive and not dedicated to the city for public use, providing access to residential or other abutting property in those subdivisions which were authorized to construct approved private drives in lieu of dedicated streets prior to the adoption of Ordinance No. 10-O-35, passed on 7-12-2010.

(Am. Ord. 13-O-60, passed 12-16-2013)

      (2)   Street or road thoroughfare. "Street or road thoroughfare" means the full width between property lines, bounding a public way or the full width of the right-of-way dedicated to the city with a part thereof to be used for vehicular traffic. Street or road thoroughfares may be designated as follows:

         A.   Arterial street. "Arterial street" means a highway primarily for through traffic, carrying heavy loads and a large volume of traffic, usually on a continuous route.

         B.   Collector street. "Collector street" means a thoroughfare in a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes in residential subdivisions.

         C.   Cul-de-sac. "Cul-de-sac" means a local street with one end open to traffic and the other end terminating in a vehicular turn-around.

         D.   Dead-end street. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

         E.   Half street. "Half street" means a street for which only a portion of the required right-of-way width has been dedicated.

         F.   Local street. "Local street" means a street primarily for providing access to residential, commercial or other abutting property.

         G.   Marginal access street. "Marginal access street" means a local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets.

   (f)   Walkway. "Walkway" means a dedicated public way, four feet or more in width, for pedestrian use only, whether or not along the side of a road.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Accessory use or accessory structure. "Accessory use" or "accessory structure" means on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.

   (b)   Active recreation. "Active recreation" means leisure time activities characterized by repeated and concentrated use of land, often requiring equipment and taking place at prescribed places, sites or fields. Examples of active recreation facilities include golf courses, tennis courts, swimming pools, and softball, baseball and soccer fields. For the purpose of these regulations, active recreation facilities do not include paths for bike riding, hiking, horseback riding and walking and picnic areas.

   (c)   Agricultural building or structure. "Agricultural building or structure" means any building or structure existing or erected on land used principally for agricultural purposes, with the exception of dwelling units.

   (d)   Agriculture. "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce. However, the operation of any such accessory use shall be secondary to that of the normal agricultural activities.

   (e)   Airport. "Airport" means an area of land or water which is used or intended for use for the landing and taking off of either public or private aircraft and any appurtenant areas which are used or intended for use for airport buildings or other airport facilities or rights-of-way, including all necessary taxi-ways, aircraft storage and tie-down areas, hangars and other necessary buildings and open spaces.

   (f)   Apartment hotel. "Apartment hotel" means a hotel in which at least 90 percent of the hotel accommodations are occupied by permanent guests.

   (g)   Arboretum. "Arboretum" means a botanical garden exhibiting trees for their scientific interest and educational value.

   (h)   Assisted living facility. "Assisted living facility" means a facility that provides supervision or assistance with activities of daily living, coordination of services by outside health care providers and monitors residents' activities to help to ensure their health, safety and well-being.

   (i)   Bed and breakfast. "Bed and breakfast" means a dwelling or part thereof, other than a hotel, motel or restaurant occupied by the owner, where meals and/or sleeping facilities are provided for not more than four guests for compensation and where no cooking or dining facilities are provided in individual rooms.

   (j)   Business. "Business" means the conduct of any occupation, trade, profession or calling, within the specific limitations set forth in Zoning Districts.

   (k)   Business, local. "Business, local" means commercial uses and business and professional services which generally require locations on or near thoroughfares and/or their intersections, and which, in addition to serving day to day needs of the community, also supply the more durable and permanent needs of the whole community. General business uses include, but are not limited to, such activities as supermarkets; stores that sell hardware, apparel and footwear; and physicians', dentists', professional and business offices.

   (l)   Cemetery. "Cemetery" means land used or intended to be used for the burial of human remains and dedicated for cemetery purposes.

   (m)   Church. "Church" means a house of worship or a building housing an organization conducting religious ceremonies for public worship.

   (n)   Clinic. "Clinic" means a place used for the care, diagnosis and treatment of sick, ailing, infirm or injured persons and those who are in need of medical and surgical attention, but who are not provided with board or room or kept overnight on the premises.

   (o)   Club, private (nonprofit). "Club, private (nonprofit)" means a nonprofit association of persons, who are bona fide members paying annual dues, which owns, hires or leases a building, or portion thereof, the use of such premises being restricted to members and their guests and the affairs and management of such private club being conducted by a board of directors, executive committee or similar body chosen by the members.

   (p)   Common area. "Common area" means any land area, and associated facilities, within a conservation development that is held in common ownership by the residents of the development through a homeowners' association, community association or other legal entity or which is held by the individual members of a condominium association as tenants-in-common.

   (q)   Community center, mobile home park. "Community center, mobile home park" means a building in a mobile home park which contains recreational facilities for the exclusive use of occupants and employees of the mobile home park.

   (r)   Condominium development. "Condominium development" means a condominium property, as defined in Ohio R.C. 5311.01, in which two or more individual dwelling units, together with undivided interests in the common areas and facilities of the property, are offered for sale pursuant to a common promotional plan.

   (s)   Conservation development. "Conservation development" means a contiguous area of land to be planned and developed as a single entity, in which housing units are accommodated under more flexible standards, such as building arrangements and setbacks, than those that would normally apply under single-family district regulations, allowing for the flexible grouping of houses in order to conserve common open space and existing natural resources.

   (t)   Conservation easement. "Conservation easement" means an incorporeal right or interest in land that is held for the public purpose of retaining land, water or wetland areas predominantly in their natural, scenic, open or wooded condition, in agricultural, horticultural, silvicultural or other farming or forest use; that imposes any limitations on the use or development of the areas that are appropriate at the time of creation of the conservation easement to achieve one or more of such purposes; and that includes appropriate provisions for the holder to enter the property subject to the easement at reasonable times to ensure compliance with its provisions.

   (u)   Day care center. "Day care center" means a facility providing supervision of adults and children and operating only during the normal workday hours.

   (v)   Dormitory. "Dormitory" means a dwelling providing sleeping and living accommodations for students attending a post high school educational institution, where meals may be provided or where centralized kitchen and dining facilities may be provided for use by students in preparing their own meals. Under no circumstances are cooking facilities to be provided in individual living units.

   (w)   Drive-in or drive-thru. "Drive-in or drive-thru" restaurant or service means any establishment that sells food or services and permits placing an order or conducts business outside of the building and within a motor vehicle or as a pedestrian, using a drive-in or walk-up window, counter or remote speaker.

   (x)   Home occupation. "Home occupation" means an occupation or profession carried on by a member of the immediate family residing on the premises.

   (y)   Hospital. "Hospital" means an institution that provides medical, surgical or psychiatric treatment and nursing care for the ill or injured temporarily lodged there.

   (z)   Hotel. "Hotel" means an establishment which offers lodging for compensation to more than four transient guests.

   (aa)   Industrial, limited. "Industrial, limited" means manufacturing or other industrial uses which are usually controlled operations; relatively clean, quiet and free of objectionable or hazardous elements such as smoke, noise, odor or dust; operating and storing within enclosed structures; and generating little industrial traffic and no nuisances.

   (bb)   Institutional use. "Institutional use" means a center for study and research in a specialized field, usually connected with a college or university.

   (cc)   Junk. "Junk" means worn out and discarded materials that have outlived their usefulness in their original form, but in general may be turned to some other use, including, but not limited to, old rope; chain; copper; parts of machinery; wood; glass; bottles; brass; rags; trash; plastic; waste; batteries; paper; rubber; junk, dismantled or wrecked automobiles or parts thereof; iron; steel; old or scrap ferrous or nonferrous materials; and rubbish of any kind. "Junk building", "junk shop" and "junk yard" means an establishment or place of business which is maintained or operated for the purpose of storing, keeping, buying or selling junk, or for the maintenance or operation of an automobile graveyard, including garbage dumps and sanitary landfills. The term also encompasses the definition included in Ohio R.C. 4737.05, which states that the definition includes "any site, location or premises on which are kept two or more junk motor vehicles as defined in § 311.301 of the Revised Code, whether or not for a commercial purpose".

   (dd)   Laundromat. "Laundromat" means an establishment with machines for hire or use by the public for washing, drying, dry cleaning or ironing of fabrics.

   (ee)   Lodge. "Lodge" means a hall or meeting place of a local branch, or the members composing such a branch, of a fraternal order or society, such as the Masons, Knights of Columbus, Moose, American Legion and other similar organizations.

   (ff)   Mobile home. "Mobile home" means any self-propelled vehicle so designed, constructed, re-constructed or added to by means of accessories as will permit the use and occupancy thereof for human habitation, when connected to utilities, whether resting on wheels, jacks, blocks or other foundation, used or so constructed as to permit its being used as a conveyance upon the public streets and highways, exceeding a gross weight of 4,500 pounds and having an overall length of at least 30 feet.

   (gg)   Mobile home park. "Mobile home park" means any site or tract of land under single ownership upon which three or more mobile homes used for habitation are parked, either free of charge or for revenue purposes, including any roadway, building, structure, vehicle or enclosure used or intended for use as part of the facilities of such park.

   (hh)   Motel. "Motel" means an establishment which offers lodging for compensation to transient guests and which consists of a group of attached or detached living or sleeping accommodations with a bathroom and close space designed for use by automobile tourists.

   (ii)   Nursing home. "Nursing home" means a long-term health care facility that provides full-time care and medical treatment for people who are unable to take care of themselves.

   (jj)   Permitted use. "Permitted use" means a use which may be lawfully established in a particular district, provided that it conforms with all requirements, regulations and performance standards, if any, of such district.

   (kk)   Place of worship. "Place of worship" means a church, temple, mosque or any structure used for religious activities.

   (ll)   Public building. "Public building" means only those buildings which are publicly owned or leased, i.e. buildings owned or leased by the U.S. government, the state or any political subdivision thereof.

   (mm)   Public park. "Public park" means the use of land for recreational purposes, which is publicly owned and open to public admission.

   (nn)   Public recreational center. "Public recreational center" means a building which is open to public admission and public use for recreational activities.

   (oo)   Public utility. "Public utility" means any person fully authorized to furnish and furnishing, under municipal regulation, to the public, electricity, gas, steam, telephone, telegraph, transportation, water or other similar public utility service.

   (pp)   Research uses. "Research uses" means research, development and testing related to such fields as chemicals, pharmaceuticals, medicine, electricity, transportation and engineering. All research testing and development shall be carried on within entirely enclosed buildings and no noise, smoke, glare, vibration or odor shall be detected outside of such buildings.

   (qq)   Roadside stand. "Roadside stand" means a structure for the display and sale of agricultural products, with no space for customers within the structure itself.

   (rr)   School. "School" means a place or institution where general education, learning and mental training are imparted, whether or not such institution is publicly or privately owned.

   (ss)   Shopping center. "Shopping center" means a group of four or more separately operated commercial establishments, planned, developed, owned and managed as a unit, with common off-street parking provided on the property and designed to serve multipurpose shoppers.

   (tt)   Stable. "Stable" means a building for lodging and feeding horses.

   (uu)   Swimming pool. "Swimming pool" means a fabricated structure constituting a pool or open tank underground or an above-ground rigid structure, not including ponds or lakes, designed or intended to be used for swimming purposes, and having a capability of holding water at any point to a depth of at least 18 inches.

   (vv)   Tourist home. "Tourist home" means a building designed for or used as a single-family or a two-family dwelling in which sleeping rooms are provided or offered to transient guests for compensation.

   (ww)   Use. "Use" means the purpose or activity for which land or a building thereon is designed, arranged or intended or for which it is occupied or maintained and includes any manner of performance of such activity.

   (xx)   Veterinary animal hospital or clinic. "Veterinary animal hospital or clinic" means a place used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals and animals who are in need of medical or surgical attention. A veterinary animal hospital or clinic may include overnight accommodations on the premises for treatment, observation and/or recuperation and it may also include boarding that is incidental to the primary activity.

(Ord. 11-O-1, passed 2-23-2011)

   (a)   Set-back line. "Set-back line" means a line, established by this Zoning Code, generally parallel with and measured from a lot line, defining the limits of a yard in which no building or structure or portion thereof may be located above ground, except as may be provided in this Zoning Code.

   (b)   Yard. "Yard" means a required open space unoccupied and unobstructed by any structure or portion of a structure from the general ground level of the graded lot upward, provided that accessories, ornaments, fences, hedges and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility. Types of yards are as follows:

      (1)   Front yard. "Front yard" means a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building or accessory building.

      (2)   Rear yard. "Rear yard" means a yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building or accessory building.

      (3)   Side yard. "Side yard" means a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

(Ord. 11-O-1, passed 2-23-2011)