Lyndhurst City Zoning Code
CHAPTER 1150
General Provisions and Definitions
1150.01 TITLE.
This Title Five of Part Eleven of these Codified Ordinances, and all ordinances amending, explaining or supplementing the same, shall be known and may be cited as the "City of Lyndhurst, Ohio, Zoning Code" and shall be referred to throughout this Title Five as "this Zoning Code."
(Ord. 96-61. Passed 4-21-97.)
1150.02 PURPOSE AND INTENT.
(a) The purpose of this Zoning Code, and the intent of Council in its adoption of this Zoning Code, is to promote and protect the public health, safety, convenience, comfort, prosperity and general welfare of the residents of the City of Lyndhurst, Ohio, by regulating the use and location of buildings, other structures, land and premises to be used for residences, public facilities, institutions, businesses, services, industry and other specified uses, by regulating and restricting the height, bulk, design and location on the lot of buildings or other structures, the percentage of lot occupancy, setback building lines and the area of yards, courts and other open spaces, by regulating and limiting population density, and for the combination of all purposes hereinbefore described and such further purposes set forth in this chapter by dividing the land within the City of Lyndhurst into districts as hereinafter provided, which districts are deemed and determined to be best suited to carry out such purposes and by providing procedures for the administration, interpretation, amendment and enforcement of this Zoning Code.
(b) This Zoning Code is intended to achieve, among others, the following objectives:
(1) To protect the character and values of residential, business, service, institutional and public uses and to ensure their orderly, harmonious and beneficial development;
(2) To provide adequate open spaces for light and air, to prevent overcrowding of land, to prevent excessive concentration of population and to prevent uncoordinated development;
(3) To improve the public safety and to lessen congestion by locating buildings and uses in relation to streets so as to cause the least interference with, and damage by, traffic movements;
(4) To establish zoning patterns that will ensure adequate and economical extensions for sewers, water supply, waste disposal and other public utilities, as well as development of recreation, schools and other public facilities;
(5) To encourage the most appropriate uses of the land and guide the future development of the City in accordance with a master plan; and
(6) To accomplish the specific intents and goals set forth in the introductions to the respective chapters.
(Ord. 96-61. Passed 4-21-97.)
1150.03 SCHEDULE OF FEES, CHARGES, EXPENSES AND GUARANTEES.
Council shall establish a schedule of, and collection procedure for, fees, charges, expenses and guarantees.
The schedule of such fees, charges, expenses and guarantees shall be made available through the City and may be altered or amended only by Council. Until all such applicable fees, charges, expenses and guarantees have been paid in full, no building permits will be issued. (Ord. 96-61. Passed 4-21-97.)
1150.04 INTERPRETATION.
(a) In interpreting and applying the provisions of this Zoning Code, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience and general welfare.
(b) Except as specifically provided herein, it is not intended by this Zoning Code to repeal, abrogate or annul any existing provisions of any law, ordinance, rule or regulation previously adopted or issued pursuant to law relating to the construction and use of structures and land; nor is it intended by this Zoning Code to interfere with, abrogate or annul any private easement, covenant, agreement or restriction, provided, however, that where this Zoning Code imposes greater restrictions upon the use of a building, structure or premises or upon the height of a building, or requires larger open spaces than are imposed or required by other ordinances, rules, regulations, permits, private easements, covenants or agreements, then the provisions of this Zoning Code shall govern and to such extent only such other ordinance or regulation shall be modified and amended.
(Ord. 96-61. Passed 4-21-97.)
1150.05 SEPARABILITY.
Should any section, sentence or provision of this Zoning Code, or any district, building, map designation, use or part thereof, be held invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remainder of this Zoning Code.
(Ord. 96-61. Passed 4-21-97.)
1150.06 EFFECTIVE DATE.
This Zoning Code shall become effective from and after the date of its approval and adoption as provided by law.
(Ord. 96-61. Passed 4-21-97.)
1150.07 REPEALER.
All sections of the previously adopted zoning ordinance, or portions thereof, which are not contained in this Zoning Code, are hereby repealed.
(Ord. 96-61. Passed 4-21-97.)
1150.08 AMENDMENTS.
(a) In General. This Zoning Code may be amended from time to time in the same manner and to the same extent as originally adopted, in accordance with the applicable provisions of the laws of the City of Lyndhurst.
(b) Amendments by Council. Council may, on its own action or on petition, amend this Zoning Code in any respect. No such amendment shall be passed unless it has first been submitted to the Planning Commission for its consideration, which Commission shall be allowed a reasonable time, not less than thirty days and no more than ninety days, to report thereon. However, any amending ordinance submitted to Council by the Commission may be passed without further reference to such Commission. Public notice of the ordinance or amendment shall be given as provided for in Section 1150.09(c)(100) ("Newspaper") and (117) ("Public Notice").
(c) Petitions by Property Owners. Whenever a petition for amendment to this Zoning Code pertaining to particular land use is presented to Council, duly signed by more than fifty percent of the owners of such land in a district which, when changed, does not result in spot zoning (as determined by the Director of Law), it shall be the duty of Council to vote upon such amendment within ninety days of the presentation of the petition.
(d) Amendments of the Zoning Map. When an amendment to this Zoning Code changing the zoning of any area becomes effective, it shall be the duty of the Commission to cause such change to be entered upon the Zoning Maps on file in the offices of the Clerk of Council and the Building Commissioner.
(Ord. 96-61. Passed 4-21-97.)
1150.09 DEFINITIONS.
(a) Interpretation. In the Subdivision Regulations and in this Zoning Code, words are used in their ordinary English usage. Certain terms and words are, however, herein defined, and wherever they are used in the Subdivision Regulations and in this Zoning Code, they shall have the meanings indicated in this chapter, except where the context clearly indicates a different meaning.
(b) Words, Terms and Phrases Generally. For the purpose of interpreting the Subdivision Regulations and this Zoning Code, the following terms, phrases, words and their derivatives shall have the meanings given herein and shall be construed as if followed by the words "or part thereof." Words or numbers used in the singular include the plural and the plural includes the singular, unless the context clearly indicates the contrary.
(1) The word "shall" is to be interpreted as a mandatory requirement and shall be complied with unless waived; "may" is to be interpreted as having permission or being allowed to carry out a provision; "should" is to be interpreted as expressing that the application of a criterion or standard is desired and essential unless commensurate criteria or standards are achieved.
(2) All words used in the present tense shall include the future tense, unless the context clearly indicates the contrary.
(3) The word "person" includes "an individual, association, organization, partnership, trust, company, corporation, firm, or any other legal entity."
(4) The words "occupied" or "used," as applied to any building or premises, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."
(5) The word "lot" includes the words "plot" or "parcel."
(6) The word "City" means the City of Lyndhurst, Ohio.
(7) The word "Commission" means the City Planning Commission of the City of Lyndhurst, Ohio.
(8) The word "Council" means the legislative body of the City of Lyndhurst, Ohio.
(9) The word "Board" means the Board of Zoning Appeals of the City of Lyndhurst, Ohio.
(10) The word "County" means the County of Cuyahoga.
(11) "Building Commissioner" includes all persons succeeding him or her, by whatever title known, in the duties and powers provided for him or her by this Zoning Code.
(12) All distances are horizontal measurements unless otherwise specified.
(13) "Director of Law" means the head of the Law Department of the City of Lyndhurst, Ohio.
(c) Words, Terms and Phrases Defined. As used in the Subdivision Regulations and in this Zoning Code:
(1) "Abstract of title" means a complete historical summary of all recorded documents affecting the title of a property.
(2) "Access Road" (see "street - local street").
(3) "Accessory use" or "accessory building" means a subordinate use or building located on the same lot with, and customarily incidental to, the main use or building.
(4) "Allotment" (see "subdivision").
(5) "Alteration," as applied to a building or structure, means a change or rearrangement in the structural parts or existing facilities or an enlargement, whether by extending on a side, increasing in height, adding a dividing wall or moving from one location or position to another.
(6) "Antenna" or "aerial" means that portion, usually wires or rods, of a radio transmitter or receiver station used for radiating waves into or receiving them from space. (See also "antenna tower"; "satellite dish- type earth station".)
(7) "Antenna, dish" means an antenna consisting of a radiation element which transmits or receives radiation signals generated as electrical, light or sound energy, and supported by a structure with or without a reflective component to the radiating dish, usually in a circular shape with parabolic curve design constructed as solid or open mesh surface.
(8) "Antenna tower" means a structure designed and constructed for the purpose of mounting a radio or television antenna. (See also "antenna"; "satellite dish-type earth station".)
(9) "Apartment" means a dwelling unit located in an apartment building consisting of one or more habitable rooms, exclusive of a bathroom, which is designed for, intended for or occupied by one family doing its cooking for consumption within the unit.
(Ord. 96-61. Passed 4-21-97.)
(10) "Apartment building" means a multi-family dwelling comprised of three or more dwelling units (apartments) arranged side by side and/or one above the other, each having a separate entrance or entrances connected to a common outside entrance or entrances. An apartment building may be combined with a hotel.
(Ord. 2014-17. Passed 5-19-14.)
(11) "Area of a lot" (see "lot measurement - lot area").
(12) "Assemblage" (see "lot consolidation").
(13) "Assisted living facilities" is a state licensed "residential care facility" for the frail or elderly that provides rooms, needs, personal care, assistance with activities of daily living, supervision of, or assistance with, self-administered medication and which may provide other services such as recreational activities and transportation.
An "assisted living facility" shall not include any of the following:
A. Except as provided in Ohio R.C. 3721.01(A)(1), a public hospital or hospital as defined in Ohio R.C. 3701.01 or 5122.01;
B. A residential facility for mentally ill persons as defined under Ohio R.C. 5119.22;
C. A residential facility as defined in Ohio R.C. 5123.19;
D. A habitation center as defined in Ohio R.C. 5111.041;
E. A community alternative home as defined in Ohio R.C. 3724.01;
F. An adult care facility as defined in Ohio R.C. 3722.01;
G. An alcohol and drug addiction program as defined in Ohio R.C. 3793.01;
H. A facility licensed to provide methadone treatment under Ohio R.C. 3793.11;
I. A facility providing services under contract with the Department of Mental Retardation and Developmental Disabilities under Ohio R.C. 5123.18;
J. A facility operated by a hospice care program licensed under Ohio R.C. 3712.04 that is used exclusively for care of hospice patients;
K. Until January 1, 1997, a facility, infirmary or other entity that is operated by a religious order that provides care exclusively to members of religious orders who take vows of celibacy and live by virtue of their vows within the orders as if related and does not participate in the medicare program established under Title XVIII of the "Social Security Act" or the Medical Assistance Program established under Ohio R.C. Chapter 5111 and Title XIX of the "Social Security Act", if on January 1, 1994, the facility, infirmary or entity was providing care exclusively to members of the religious order.
(14) "Basement" means that portion of a building which is all or partly underground but has at least one-half of its height below the average level of the adjoining ground.
(15) "Billboard" means a sign which directs attention to a business, commodity, service or entertainment conducted, sold or offered at a location other than the premises on which the sign is located.
(16) "Block" means a unit of land bounded by streets or a combination of streets and public land, railroad rights-of-way, waterways or any other barrier to the continuity of development.
(17) "Building" means a structure that is completely enclosed and is designed, intended or used for the shelter of persons, animals, property, or business activity of any kind.
(18) "Building coverage" means the amount of land on a lot that is covered or permitted to be covered by a building and measured in terms of percent.
(19) "Building line" (see "setback building line").
(20) "Main Building" means a building occupied by the chief use or activity on the premises.
(21) "Building permit" means written permission issued by the City of Lyndhurst Building Department for the construction, repair or alteration of, or addition to, a structure.
(22) "Certificate of approval" means a certificate issued by the Building Commissioner for uses or premises when the same comply or are constructed in accordance with this Zoning Code, the Fire Prevention Code, the Building Code or other applicable law, variance or special use permit of the Board of Zoning Appeals and/or Council or by order of a competent jurisdiction.
(23) "Certificate of title" means a written opinion by an attorney as to who owns a parcel of land.
(24) "Child day care home" means a permanent residence or facility of the provider for one to six children at one time in which no more than three children may be under two years of age at one time. In counting children for the purposes of this paragraph, any children under six years of age who are related to the provider and who are on the premises of the child day care home shall be counted.
(25) "Cluster" means a development design technique that concentrates buildings in specific areas on the site to allow the remaining land to be used for recreation, common open space and the preservation of environmentally sensitive features.
(26) "Cluster subdivision" means a form of development for single-family residential subdivisions that permits a reduction in lot area and bulk requirements, provided there is no increase in the number of lots permitted under a conventional subdivision and the remaining land area is devoted to open space.
(27) "Community garage" (see "garage").
(28) "Conditional use" means a use permitted in a particular zoning district upon a showing that such use in a specified location will comply with all the conditions and standards for the location or operation of the use as specified in this Zoning Code and as authorized and approved by City Council after being reviewed by the City Planning Commission.
(29) "Conditional use permit" means a permit issued by the Building Commissioner, after approval by the Planning Commission and City Council, stating that a conditional use meets all the conditions set forth within this Zoning Code.
(30) "Condominium" means a building or group of buildings in which units are individually owned but the structure, common areas and facilities are owned on a proportional, undivided basis by all of the owners.
(31) "Confirmation by Council" means affirmance, reversal or modification of a Board of Zoning Appeals order.
(32) "Contour interval" means lines on a topographic map that connect points having the same elevation (see also "topographic map;" "topography").
(33) "Corner lot" (see "lot types").
(34) "Court" means an open, unoccupied and unobstructed space other than a yard on the same lot with a building."
In addition:
A. "Outer court" means a court which extends directly to and opens for its full width on a street or other permanent open space, or on a required yard.
B. "Inner court" means a court which is bounded on more than three sides by the exterior walls of one or more buildings.
FIGURE 1 COURTS
(35) "Covenant" means a written agreement or promise.
(36) "Cul-de-sac" (see "street - local street").
(37) "Curb" means a stone or concrete boundary usually marking the edge of the roadway or paved area.
(38) "Curb cut" means the opening along the curb line at which point vehicles may enter or leave the roadway.
(39) "Dead-end street" (see "street - local street").
(40) "Dedication" means the conveyance of private land by the owner of such land for a public use that is accepted by the public.
(41) "Density of dwelling units" means a unit of measurement expressing the number of dwelling units per acre of land.
A. "Gross density" means the number of dwelling units per acre of the total land to be developed.
B. "Net density" means the number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses excluding streets, water and open space.
(42) "Depth of a lot" (see "lot measurement - lot depth").
(43) "Developer" means the legal or beneficial owner or owners of a lot or of any land included in a proposed development, the holder of an option or contract to purchase such land or any other person having an enforceable proprietary interest in such land.
(44) "Drive-in restaurant" means a building or portion thereof where food and/or beverages are sold in a form ready for consumption and where all, or a significant portion of, the consumption takes place, or is designed to take place, outside the confines of the building, often in a motor vehicle on the site.
(45) "Driveway apron" (see "street - driveway and access drive").
(46) "Dwelling" means a building, or portion thereof, designed or occupied exclusively for nontransient residential use (including one-family or multi-family buildings).
Specifically:
A. "Duplex dwelling" means a dwelling consisting of two dwelling units which are attached side by side, each unit having a separate entrance.
B. "Multi-family dwelling" means a building consisting of three or more dwelling units with varying arrangements of entrances and party walls, including town houses, apartment houses and condominiums.
C. "Single-family dwelling" means a detached dwelling arranged, intended or designed to consist of one dwelling unit.4
D. "Town house" means a multi-family dwelling comprised of dwelling units attached in a row or group, having party walls and each unit having at least two separate outside entrances.
(47) "Dwelling unit" means a space within a dwelling, comprised of a living, cooking and dining area, a sleeping room or rooms, storage closets and bathing and toilet facilities, all used by only one family.
(48) "Easement" (see "street - right-of-way").
(49) "Engineer" means any person registered to practice professional engineering by the State Board of Registration as specified in Ohio R.C. 4733.14.
(50 "Established street grade" (see "grades").
(51) "Family" means a person living alone or two or more persons living together as a single housekeeping unit in a dwelling unit, as distinguished from a group occupying a rooming house, motel or hotel, dormitory or fraternity or sorority house. However, "family" shall not include more than four persons living together unrelated to each other by blood, marriage or legal adoption, except for group residential facilities.
(52) "Final grading plan" means the elevation of the surface of the ground for the proposed sublots and all common areas in the subdivision as illustrated in the final plat.
(53) "Final plat" means the final map of all, or a portion of, a subdivision or site plan which is presented to the City for final approval.
(54) “Finished grade” (see "grades").
(55) "Flood plain" means the channel of a natural stream or river and the relatively flat area adjoining the channel which has been or may be temporarily covered by floodwater.
(56) "Floor area, gross" means the sum of the gross horizontal areas of the floor or several floors of a building measured from the exterior face of exterior walls or from the centerline of a wall separating two buildings, but not including interior parking spaces, loading space for motor vehicles or any space where the floor-to-ceiling height is less than six feet.
(57) "Floor area, net" means the total of all floor areas of a building, excluding stairwells, elevator shafts, equipment rooms, interior vehicular parking or loading as measured from the centerline of a wall and all gross floor areas of all floors below the first or ground floor, except when used or intended to be used for human habitation or service to the public.
(58) "Floor area ratio" means the gross floor area of all buildings on a lot divided by the lot area.
(59) "Fowl" means a bird, including, but not limited to, chickens, ducks, geese, turkeys and poultry, used as food or hunted as game.
(60) "Front lot line" (see "lot line").
(61) "Front yard" (see "yard").
(62) "Garage" means an accessory building or buildings designed and used for the storage of motor vehicles.
Specifically:
A. "Community garage" means an accessory building or buildings used for the storage of motor vehicles of tenants of two or more adjoining apartment buildings or other dwellings, permitting ordinary maintenance service on such vehicles.
B. "Private garage" means an accessory building or portion of a main building used for the storage of motor vehicles.
C. "Repair garage" means a building or part of a building used for general repair of motor vehicles.
D. "Storage garage" means a building or part of a building, other than a private garage or a community garage, used for the storage of any kind of motor vehicles, with or without ordinary maintenance service on such vehicles or sale of accessories.
(63) “Gasoline service station" means a building or part of a building, or a structure or space, used for retail sale of gasoline, lubricants and motor vehicle accessories and for minor services and repairs not accompanied by objectionable noises, fumes or odors.
(Ord. 96-67. Passed 4-21-97.)
(63A) “Automotive Fueling Station” means a building or part of a building, or a structure or space, used for retail sale of gasoline or other fuel products, and which provides no other onsite automotive services except an attached car wash as a conditional use.
(Ord. 2015-66. Passed 11-16-15.)
(64) "General plan of street development" means a plan illustrating the general layout of streets and their proposed rights-of-way within the City.
(65) "Grades" shall be defined as follows:
A. "Established street grade" means the roadway elevation established by the City, measured at the roadway centerline in front of the lot.
B. "Finished grade" means the elevation of the finished surface of the ground adjoining the building or structure.
C. "Natural grade" means the elevation of the undisturbed natural surface of the ground adjoining the building or structure.
(66) "Group residential facilities" or "group home" means a state licensed or certified home for residence care of children or developmentally disabled persons which is:
A. Owned and/or operated by a public agency or a private community chest funded agency;
B. An established private single-family home or a home established by a nonprofit corporation into which placement of such persons is made by a public agency; or
C. Supervised by such agency with respect to licensing and regulations and standards of operation, program and personnel.
(67) "Guarantee of title" means an insurance policy issued by a title company guaranteeing the accuracy of the title examination subject to certain limitations, one of which is flaws that cannot be revealed by examination of public records.
(68) "Half-story" (see "story").
(69) "Headquarters or executive offices park" means an arrangement of buildings intended for headquarters or executive offices incidental to the operations of a single business or administrative entity being served by such offices. The contemplated activities are those activities which are directly involved in, are necessarily incidental to, and the consolidation or amalgamation of, headquarters or executive offices activities of a single business or other administration activities.
(70) "Height of a building" means the vertical distance to the highest point of the coping of the street wall, in the case of a flat roof, and to the mean height between the eaves and ridge, in the case of a pitched roof, measured from the finished grade of the ground adjoining the building.
(71) "Height of a structure," other than a building, means the vertical distance to the highest point of the structure, measured from the established street grade if the structure is located in front of the setback building line, and from the finished grade approved by the City if located on or back of the setback building line.
(72) "Highway" (see "street - freeway").
(73) "Home occupation" means an accessory use which is an activity, profession, occupation, service, craft or revenue-enhancing hobby clearly incidental and subordinate to the use of the premises as a dwelling and is conducted entirely within the dwelling unit. However, such home occupation shall be conducted in the dwelling used by the person as his or her private residence, no person shall be employed other than members of his or her immediate household and such home occupation shall not give rise to a nuisance of any kind and shall not be otherwise detrimental to the district.
(74) "Homeowners association" means a community association, other than a condominium association, which is organized in a development in which individual owners share common interests in open space or facilities.
(Ord. 96-67. Passed 4-21-97.)
(75) "Hotel" means any building or portion thereof which provides, or which is intended, arranged or designed to provide, lodging or meals and lodging, to guests for compensation, whether the compensation is paid directly or indirectly. A hotel may include a full service restaurant/lounge facility with an inside or outside entrance, or both. In addition, such building or portion thereof shall only have interior access to lodging rooms or units (i.e. interior corridors), meeting rooms and banquet/conference facilities with catering capabilities, indoor swimming pool and exercise room. Cooking facilities within a unit or units are prohibited. Such facility shall not be occupied by the owner or operator as is generally the case with an inn or bed and breakfast facility. "Full service restaurant/lounge" shall mean facilities and equipment necessary to serve breakfast, lunch and dinner with table side service and with food prepared in a full, on site kitchen facility. A hotel may also be combined with an apartment building.
(Ord. 2014-18. Passed 5-19-14.)
(76) "House" means a single or duplex dwelling.
(77) "Improvement bond" means an agreement between an owner or developer and the City of Lyndhurst, Ohio, for the amount of the estimated construction costs, guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the owner's agreement and/or the plans, specifications and bid documents. Such agreement shall take the form of performance and payment bonds or, at the City's option, an equivalent financial guarantee in forms satisfactory to the Director of Law. All bonds submitted pursuant to this Zoning Code shall be executed by a surety licensed and approved by the Ohio Superintendent of Insurance to execute such a bond in the State.
(78) "Improvements" means street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping and other related matters normally associated with the development of raw land into building sites.
(79) "Interior lot" (see "lot types").
(80) "Landscaping" means the deliberate use of vegetation to improve the appearance or function of a structure or property.
(81) "Lane" (see "street - local street").
(82) "Livestock" means domestic animals such as sheep, cattle, goats or horses, raised for home use or for profit.
(83) "Loading/unloading space" means an open or enclosed space, other than a street, used for the temporary parking of a commercial vehicle while its goods are being loaded or unloaded.
(84) "Local street" (see "street").
(85) "Lot" means a parcel of land occupied or intended to be occupied by a main building or use and its accessory building or use, or a group of buildings united by a common interest or use and their accessory buildings and uses, together with the open spaces belonging to the same, as provided for and as required under the provisions of this Zoning Code and the Subdivision Regulations, having a frontage on a street, alley or private right-of-way, and which is the area of land within existing lot lines shown in a subdivision plat or the area resulting from a division of unsubdivided land held as one unit by its owner or owners.
(86) "Lot consolidation" means the joining together of two or more existing lots or parcels to create a single parcel.
(87) "Lot line" means the boundary of a lot which separates it from adjoining lots of record, public land, private land, common, public or private open space and public or private roads. (See Figure 2) Specifically:
A. "Lot line, front" means the street line of the lot, in the case of an interior lot, and that street line designated by the owner as the front lot line, in the case of a corner lot. (See also "lot types").
B. "Lot line, rear" means the boundary of a lot which is parallel to or within forty-five degrees of being parallel to the front lot line. If the rear lot line forms a point, then the rear lot line shall be a line ten feet in length within the lot, drawn parallel to, and the maximum distance from, the front lot line.
C. "Lot line, side" means a lot line other than a front or rear lot line.
(88) "Lot measurement" specifically: (see Figure 2).
A. "Lot area" means the total horizontal area included within the lines of the lot.
B. "Lot depth," except as hereinafter provided in the case of unusually shaped lots, means the distance from the middle of the front lot line to the middle of the rear lot line.
C. "Lot width" means the mean width measured at right angles to the depth along a straight line parallel to the front lot line at the minimum required building setback line.
(89) "Lot of record" means land designated as a separate parcel on a plat, map or deed in the records of the Cuyahoga County Recorder.
(90) "Lot split" means the separation of part of an existing lot or parcel from the remainder. (See also "subdivision - minor".)
(91) "Lot types" means the terminology used with reference to corner lots, interior lots and through lots. (See Figure 3)
Specifically:
A. "Corner lot" means a lot abutting on two streets at their intersection, where the angle of intersection is not more than 135 degrees.
B. "Interior lot" means a lot other than a corner lot.
C. "Reversed frontage lot" means a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot.
D. "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.
FIGURE 3 LOT TYPES
(92) "Main building" (see "building, main").
(93) "Major arterial street" (see "street").
(94) "Major subdivision" (see "subdivision - major").
(95) "Master plan" means a comprehensive long-range plan intended to guide the growth and development of a community or region into the future and includes analysis, recommendations and proposals for the community's population, economy, housing, transportation, community facilities and land use.
(96) "Minor subdivision" (see "subdivision - minor").
(97) "Monuments" means permanent concrete or iron markers used to establish definitely all lines of the plat of a subdivision, including all lot corners, boundary line corners and points of change in street alignment.
(98) "Multi-family dwelling" (see "dwelling").
(99) "Natural grade" (see "grades").
(100) "Newspaper" means a publication published weekly or more often, which contains local news of general interest in the City, and which is distributed free, by subscription or purchase, to a majority of the residents of the City. Any publisher of a newspaper, other than the publishers of the Cleveland daily newspapers, circulated within the City, shall certify to the facts contained in this paragraph, to the Clerk of Council, as and when such Clerk of Council may require such data.
(101) "Nonconforming use" means the use of a building or land, existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the use regulations, off-street parking and loading requirements, performance standards and/or any other use regulations of the district in which it is located.
Specifically:
A. "Nonconforming building" means a building existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the current area, height and/or bulk of building, yard and/or any other building regulations of the district in which it is located.
B. "Nonconforming lot" means a lot existing lawfully at the time this Zoning Code, or an amendment thereto, became effective, but which does not conform to the current lot area, width, access and/or any other lot requirements of the district in which it is located.
(102) "Occupancy certificate" means an official statement of the City of Lyndhurst certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purpose designated thereon.
(103) "Office planned unit development" means an area of a minimum contiguous size, as specified by ordinance, to be planned and developed as a single entity containing one or more office buildings.
(104) "Off-street parking space" means an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley, and maneuvering room that is located totally outside of any street or alley right-of-way.
(105) "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 the natural environmental features, swimming pools, tennis courts or any other recreational facilities. Streets, structures for habitation and the like shall not be included.
(106) "Owner" refers to the individual, individuals, company, corporation or trustee in whom or which is vested the legal title to the lands proposed to be allotted or developed.
(107) "Parabolic reflector" means a metallic sheet formed so that its cross section is in the shape of a cylindrical parabola. The antenna elements are placed along the line that runs through the focal point of the parabola, parallel to the leading edge of the reflecting sheet. (See also "satellite dish-type earth station"; "antenna"; "antenna tower".)
(108) "Parcel" means an area of unsubdivided land, or resulting from a division of unsubdivided land, held as one unit by its owner or owners.
(109) "Performance bond/surety bond" (see "improvement bond").
(110) "Performance standards" means standards and criteria established to control the dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by, or inherent in, uses of land or buildings.
(111) "Plat" means the map or drawing on which the developer's plan of a subdivision is presented to the City for approval and, after such approval, to the County Recorder for recording.
(112) "Preliminary plan" means a preliminary map indicating the proposed layout of the subdivision or site plan which is submitted to the City for consideration and preliminary approval.
(113) "Premises" means land which includes improved or unimproved realty.
(114) Private garage" (see "garage").
(115) "Private street" (see "street").
(116) "Profile" means an illustration on a tracing of a cross section of the existing elevations of a proposed subdivision.
(117) "Public notice," unless otherwise specifically noted herein, of a hearing or proceeding, means thirty days notice of the time and place thereof printed in a newspaper, as defined in paragraph (c)(100) hereof, at least once a week for four consecutive weeks.
(118) "Public uses" means public parks, schools and administrative and cultural buildings and structures, not including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(119) "Rear lot line" (see "lot line").
(120) "Rear yard" (see "yard").
(121) "Reserve strip" means any lands which are not included in the subdivision and which are intended to control access to adjacent property.
(122) "Residential planned unit development" means an area of land in which a variety of housing units is accommodated in a preplanned environment under more flexible standards, such as lot sizes and setbacks, than those that would normally apply under other single-family regulations, allowing for the clustering of residential units to preserve common open space for scenic beauty and recreation for its residents.
(123) "Restaurant" means a place located in a permanent building provided with space and accommodations wherein, in consideration of the payment of money, meals are habitually prepared or sold and served.
(124) "Resubdivision" means a reconfiguration of lots which were previously established by recorded subdivision.
(125) "Right-of-way" (see "street").
(126) "Satellite dish-type earth station" means a microwave antenna, usually shaped like a parabola, which reflects the radio energy leaving or entering the system. (See also "antenna"; "antenna tower"; "parabolic reflector".)
(127) "Screening" means the use of landscaping, fences, walls or the like to mask structures or property uses from the view of users of public streets or occupants of adjacent properties.
(128) "Setback building line" means the line or back of the setback line between which and the street line no building or portion thereof or structure may be erected above the finished grade, except as provided herein. (See Figure 2 following the text of this chapter.)
(129) "Side lot line" (see "lot line").
(130) "Side yard" (see "yard").
(131) "Sign" means a structure or part thereof, or any device attached to or painted directly or indirectly on a structure or parcel of land, and which displays or includes any letter, work, model, insignia, device or other representation to direct attention to a person, institution, organization, activity, place, object, product or business on the premises to which such sign relates.
(132) "Single-family dwelling" (see "dwelling").
(133) "Site plan" means a plan, to scale, showing uses and structures proposed for a parcel of land.
(134) "Special use" means a use permitted within a district other than a principally permitted use, requiring a special (conditional) use permit and approval of the Board of Zoning Appeals.
(Ord. 96-61. Passed 4-21-97.)
(134A) “Storage facility” means a facility constructed or built for the purpose of housing machinery, equipment, materials or the like to be used only as an accessory use to the permitted use on that property and to maintain and service only the permitted use on that property.
(Ord. 98-89. Passed 10-19-98.)
(135) "Storage garage" (see "garage").
(136) "Story" means that part of the building between any floor and the floor next above, and if there is no floor above, then the ceiling above. A basement is a story if its ceiling is over five feet above the ground level from which the height of the building is measured, if it is used for business purposes or if it contains any dwelling units other than one dwelling unit for the caretaker of the premises.
Specifically:
A. "First story" means the lowest story or the ground story of any building, the floor of which is not more than twelve inches below the average contact ground level at the exterior walls of the building.
B. "Half-story" means the portion of the building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over three feet above the floor level.
(137) "Stream" means a watercourse with a definite bed and banks which confine and conduct the normal continuous or intermittent flow of water.
(138) "Street" means a public way for purposes of vehicular travel, including the entire area within the rights-of-way. The term includes, but is not limited to, avenue, alley, boulevard, drive, highway, road and freeway. (See Figure 4) Streets shall be classified and further defined as follows:
A. "Collector street" means a street supplementary to, and connecting, the major street system to local streets.
B. "Driveway and access drive" means a prepared hard surface area providing ingress and egress for vehicles from private property and the public rights-of-way.
C. "Driveway apron" means that portion of a driveway that is between the street and the sidewalk. (See also "curb cut".)
D. "Freeway" means a divided arterial highway for through traffic to which access from the abutting properties is prohibited and all street crossings are made by grade-separated intersections.
E. "Local street" means a local street primarily for access to abutting residential properties and to serve local needs.
Specifically:
1. "Access road" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.
2. "Cul-de-sac" means a local street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
3. "Dead-end street" means a street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.
4. "Lane" means a narrow street.
F. "Major arterial street" means a public street which is primarily for moving fast or heavy traffic between large or intensively- developed districts.
G. "Private street" means a street held in private ownership.
H. "Right-of-way" means all the land included within an area which is dedicated, reserved by deed or granted by easement for street purposes.
In addition:
1. "Easement" means the right of a person to use common land or private land owned by another for a specific purpose.
2. "Pedestrian way" means a public or private right-of-way solely for pedestrian circulation.
3. "Roadway" means that portion of a right-of-way available for vehicular travel, including parking lanes.
4. "Tree lawn" means that portion of a right-of-way lying between the exterior line of the roadway and the outside right-of-way line.
I. "Street line" means the street right-of-way line which corresponds with the lot line that divides the lot from an abutting street.
FIGURE 4 STREET TYPES
(139) "Street line" (see "street").
(140) "Structure" means anything constructed or erected, the use of which requires location on the ground or attachment to something having location on the ground. Structures include, but are not limited to, buildings, porches, patios, open decks, balconies, platforms, carports, covered patios and similar architectural projections, including walls, fences, billboards, and other signs.
(141) "Subdivider" means any person, firm, partnership, association, corporation, estate, trust or any other group or combination acting as a unit, including any agent of the subdivider, who has ownership, or the written right to obtain ownership, in land that is the subject of an application for subdivision.
(142) "Subdivision" means the division of a lot, tract or parcel of land into two or more lots, tracts or parcels or other divisions of land for sale, development or lease.
Specifically:
A. "Major subdivision" means the division of a parcel into two or more lots when such subdivision involves the opening, widening or extension of any street, or any division of a parcel into more than five lots.
B. "Minor subdivision" means the division of a parcel of land along an existing public street not involving the opening, widening or extension of any road or street, and not involving more than five proposed lots.
(143) "Swimming pool" means an artificial body of water of permanent construction which necessitates any excavation, with a controlled water supply, and which is maintained by the owner or manager.
Specifically:
A. "Community swimming pool" means a swimming pool operated with a charge for admission; a primary use.
B. "Private swimming pool" means a swimming pool exclusively used without paying an additional charge for admission by the residents and guests of a single household, a multi-family development or a community, the members and guests of a club or the patrons of a motel or hotel; an accessory use.
(144) "Title insurance" means insurance obtained by the owner of a property from a title company which protects the owner against loss arising from any defect in a property's title, including flaws which are not revealed by examination of public records.
(145) "Topographic map" means a map of a portion of the earth's surface showing relative elevations illustrated in graphic form. Elevations are depicted by contour lines that connect points having the same elevation. Such maps often show natural and man-made features. (See also "contour interval"; "topography".)
(146) "Topography" means the configuration of a surface area showing relative elevations. (See also "contour interval"; "topographic map".)
(147) "Townhouse" (see "dwelling").
(148) "Tracing" means a translucent drawing on linen, mylar, cronaflex or the equivalent, from which a print can be made.
(149) "Traffic control device" means a device used to regulate traffic, including, but not limited to, traffic lights.
(150) Two-family dwelling" (see "dwelling").
(151) "Variance" means a modification of the regulations of this Zoning Code and/or the Subdivision Regulations where such modification will not be contrary to the public interest and where, because of conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of this Zoning Code and/or the Subdivision Regulations would result in an unnecessary and undue hardship and/or practical difficulty.
(152) "Vicinity map" is a drawing located on a preliminary subdivision plan which sets forth, by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the general area in order to better locate and orient the area in question.
(153) "Width of a lot" (see "lot measurement").
(154) "Yard" means an open and unoccupied space, other than a court, on the same lot with the main building, extending from the lot line to the nearest wall of the main building unobstructed from the ground to the sky, except as otherwise provided herein. (See Figure 2 following the text of this chapter.)
Specifically:
A. "Front yard" means a yard across the full width of the lot, extending from the main building to the street line.
B. "Rear yard" means the main yard across the full width of the lot between the rear line of the main building and the rear lot line. The depth of the rear yard is the mean distance between these two lines.
C. "Side yard" means the yard between the main building and the side line of the lot, extending from the front yard to the rear yard.
(155) "Zero lot line development" means the location of a building on a lot in such a manner that one or more of the building sides rest directly on a lot line.
(156) "Zoning Code" means the officially adopted document of the City of Lyndhurst, Ohio, that sets forth the zoning regulations and zoning districts. The Zoning Code consists of the zoning text, which describes all regulations, standards and procedures and defines the terms that are used, and a Zoning Map, which delineates the location of all zoning districts. A schedule of district regulations in which various requirements are listed and summarized may also be included.
(157) "Zoning district" means a section or sections of the City for which the zoning regulations governing the use of buildings and premises, the height of buildings, the size of yards and the intensity of use are uniform.
(158) "Zoning Map" means the official zoning map, or maps, of the City of Lyndhurst, Ohio, which are part of this Zoning Code and which delineate the boundaries of the zoning districts established in this Zoning Code. (Ord. 96-61. Passed 4-21-97; Ord. 2001-25. Passed 6-4-01; Ord. 2022-77. Passed 11-21-22.)