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

   Words used in the present tense include the future; the singular number includes the plural and the plural the singular. The words occupied and 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. All distances are horizontal measurements unless otherwise specified. The word shall is mandatory, unless the natural construction of the wording indicates otherwise.

(Ord. 2000-128. Passed 12-6-00.)

   A drive or roadway which provides vehicular access within a development and connects to a public street.

(Ord. 2022-34. Passed 4-6-22.)

   An alley is a dedicated public right-of-way, other than a street that affords a secondary means of access to abutting property.

(Ord. 2000-128. Passed 12-6-00.)

   An assisted living facility shall mean a residence for older adults that provides rooms, meals, personal care, and supervision of self-administered medication. They may also provide other services such as recreational activities, financial services and transportation for the residents.

(Ord. 2000-128. Passed 12-6-00.)

   An automotive or trailer dealer is an open area, other than a street, used for the display, sale, lease or rental of new or used motor vehicles or trailers in operable condition; and where no repair work is done.

(Ord. 2000-128. Passed 12-6-00.)

   An automotive car wash is a building or structure where chain conveyors, blowers, steam cleaners, or other mechanical devices are employed for the purpose of automatically or manually washing motor vehicles.

(Ord. 2000-128. Passed 12-6-00.)

   Automotive repair and services is any general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles or trailers.

(Ord. 2000-128. Passed 12-6-00.)

   An automobile service station is a structure and surrounding land used for the storage and sale of petroleum fuel, primarily to passenger vehicles, and for accessory uses such as the sale and installation of lubricants, accessories or supplies; the incidental washing of motor vehicles and the performing of tune-ups, tire and brake changing and repair.

(Ord. 2000-128. Passed 12-6-00.)

   Any establishment wherein the sale of alcoholic beverages for consumption on premises is the primary use of that establishment and where and minors are excluded therefrom by law, and in which dancing may be permitted.An establishment serving alcohol beverages in which the principal business is the sale of such beverages at retail for consumption on the premises and where food may be available for consumption on the premises.

(Ord. 2000-128. Passed 12-6-00; Ord. 2022-34. Passed 4-6-22.)

   A basement is that portion of a building which is partially or completely below grade.

(Ord. 2000-128. Passed 12-6-00.)

   A bed and breakfast establishment is any owner occupied dwelling unit that contains no more than four rooms where lodging, with or without meals, are provided for compensation.

(Ord. 2000-128. Passed 12-6-00.)

   The Board shall mean the Board of Zoning Appeals of the City of Maple Heights, Ohio.

(Ord. 2000-128. Passed 12-6-00.)

   Required space between two buildings of the same or different land uses in order to minimize negative impacts of a concentration of a particular type of land use or to minimize negative impacts of incompatible land uses.

(Ord. 2022-34. Passed 4-6-22.)

   A building is any structure designed or used for the shelter of persons, animals, chattel or property of any kind.

(Ord. 2000-128. Passed 12-6-00.)

   Building Commissioner means the administrative official of the City of Maple Heights, or his/her duly authorized agent, who is in charge of administering and/or enforcing this Zoning Code.

(Ord. 2000-128. Passed 12-6-00.)

   The building height is the vertical distance from the average finished grade across the front of a building to the highest point of the coping of a flat roof, irrespective of any decorative features, or to the deck line of a mansard roof; or to the mean height level between eaves and to the ridge in the case of a pitched roof.

(Ord. 2000-128. Passed 12-6-00.)

   The building line is a line parallel to the street right-of-way line at any story level of a building and representing the distance which all or any part of the building is to be set back from said right-of-way.

(Ord. 2000-128. Passed 12-6-00.)

   The buildable lot area is the portion of a lot remaining after required yards have been provided.

(Ord. 2000-128. Passed 12-6-00.)

   For the purpose of this Code, camping and recreational equipment shall include the following:

   Boat and boat trailer shall include boats, floats and rafts plus the normal equipment to transport the same on the highway.

   A canvas folding structure, mounted on wheels and designed for travel and vacation uses.

   A portable dwelling designed and constructed as an integral part of a self-propelled vehicle.

   A structure designed primarily to be mounted on a pickup or truck chassis and with sufficient equipment to render it suitable for use for travel, recreational, or vacation uses.

   A vehicular, portable structure built oil a chassis, designed to be used as a temporary dwelling for travel, recreational and vacation uses, permanently identified travel trailer by the manufacturer.

   Any single or dual-axle non-motorized vehicle used for transportation of equipment, vehicles, livestock and any other materials.

(Ord. 2000-128. Passed 12-6-00.)

   A check cashing business is any business whose primary function is to cash personal and payroll checks or to extend short-term loans with checks post dated or currently dated as collateral.

(Ord. 2004-016. Passed 4-7-04; Ord. 2008-06. Passed 1-16-08)

   City means the City of Maple Heights.

(Ord. 2000-128. Passed 12-6-00.)

   A clinic shall mean a place used for the human care, diagnosis, and treatment of sick, ailing, infirm, and injured persons and those who are in need of medical or surgical attention, but who are not provided with board or room nor kept overnight on the premises.

(Ord. 2000-128. Passed 12-6-00.)

   A club shall mean a nonprofit association of persons who are bona fide members paying regular dues, and are organized for some common purpose, but excluding religious places of worship or a group organized solely or primarily to render a service customarily carried on as a commercial enterprise.

(Ord. 2000-128. Passed 12-6-00.)

   Any profit making activity which is generally related to the entertainment field such as motion picture theaters, carnivals, comedy clubs, theaters, amusement parks, and similar entertainment facilities. Commercial entertainment facilities shall not include sexually oriented businesses or adult cabarets.

(Ord. 2000-128. Passed 12-6-00.)

   The Commission shall mean the Planning Commission of the City of Maple Heights.

(Ord. 2000-128. Passed 12-6-00.)

   A communication transmission structure is a tower, pole or other device, erected on the ground or roof top, for the purpose of transmitting or receiving radio, micro, cellular, or other electromagnetic waves between terrestrially and/or orbitally based uses.

(Ord. 2000-128. Passed 12-6-00.)

   A community social service facility is a facility which provides resident services to a group of individuals of whom one or more are unrelated. These individuals may be mentally retarded, handicapped, aged or disabled, are undergoing rehabilitation, and are provided services to meet their needs. This category includes uses licensed, supervised, or under contract by any federal, state, county, or other political subdivision. "Community social service facility" (residential homes) includes, but is not limited to, the following listed categories:

   A.   Adult Family Home

   A residential facility that provides accommodations to three (3) to five (5) unrelated adults and supervision and personal care services to at least three (3) of these adults pursuant to Chapter 3722 of the Revised Code.

   B.   Adult Group Home

   A residential facility that provides accommodations to six (6) to sixteen (16) unrelated adults and provides supervision and personal care services to at least three (3) of the unrelated adults pursuant to Chapter 3722 of the Revised Code.

   C.   Family Home

   A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for at least six (6) but not more than eight (8) mentally retarded or developmentally disabled persons pursuant to Section 5123.19 of the Revised Code.

   D.   Family Foster Home

   A private residence in which children are received apart from their parents, guardian, or legal custodian by an individual for hire, gain or reward for non-secure care, supervision, or training twenty-four (24) hours a day pursuant to Chapter 5153 of the Revised Code. "Family foster home" does not include babysitting care provided for a child in the home of a person other than the parents, guardian or legal custodian of the child.

   E.   Foster Family Home

   A residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for not more than five (5) mentally retarded or developmentally disabled persons pursuant to Section 5123.19 of the Revised Code.

   F.   Foster Home

   A family home in which any child is received apart from the child's parents for care, supervision or training pursuant to 5153 of the Revised Code.

   G.   Group Home

   A residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine (9) but not more than sixteen (16) mentally retarded or developmentally disabled persons pursuant to Section 5123.19 of the Revised Code.

   H.   Semi-Independent Living Home

   A residential facility for a mentally retarded or developmentally disabled person where, according to the person's individual habilitation plan, the person demonstrates skills that would enable the person to function for specified periods of time without supervision. Such skills include, but are not limited to, home management, community mobility, personal hygiene, interpersonal relationship skills, and self-preservation pursuant to Section 5123.19 of the Revised Code.

(Ord. 2000-128. Passed 12-6-00.)

   A Comprehensive Plan is a plan, or any portion thereof, adopted by the Planning Commission and City Council of the City of Maple Heights, Ohio showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, agricultural land, major thoroughfares, parks, schools, and other community facilities. This Plan establishes the goals, objectives, and policies of Maple Heights, Ohio.

(Ord. 2000-128. Passed 12-6-00.)

   A convenience store is any retail establishment offering for sale prepackaged food products, household items, newspapers and magazines, and sandwiches and other freshly prepared foods, for offsite consumption.

(Ord. 2000-128. Passed 12-6-00.)

   A convention or conference center means a building or portion of a building thereof which is designed to accommodate groups of 100 people or more in assembly and which may also include facilities for meeting rooms, entertainment, resource facilities, and the preparation and consumption of food and beverages.

(Ord. 2000-128. Passed 12-6-00.)

   A corporate or business training facility is a building or facility utilized for the vocational training of potential, current or future employees.

(Ord. 2000-128. Passed 12-6-00.)

   Council means the City Council of the City of Maple Heights.

(Ord. 2000-128. Passed 12-6-00.)

   A building or indoor/outdoor space used for the programming, production, presentation, or exhibition of any of the arts, historical celebrations or commemorations, or cultural disciplines.

(Ord. 2022-24. Passed 4-6-22.)

   Extension of the sidewalk or curb line out into the parking lane, which reduces the effective street width. Curb extensions significantly improve pedestrian crossings by reducing the pedestrian crossing distance, improving the ability of pedestrians and motorists to see each other, and reducing the time that pedestrians are in the street.

(Ord. 2022-24. Passed 4-6-22.)

   A child or adult day care center is a place in which supervision, protection and care is administered to a person or persons, by an adult other than their parents or guardians, custodians or relatives by blood, marriage or adoption, for any part of the twenty-four hour day in a place or residence other than the persons own home.

(Ord. 2000-128. Passed 12-6-00.)

   A district is a portion of the City of Maple Heights within which certain uniform regulations and requirements, or various combinations thereof apply, under the provisions of this Zoning Code.

(Ord. 2000-128. Passed 12-6-00.)

   A drive-in or drive through facility shall be any portion of a building or structure from which business is transacted, or is capable of being transacted, directly with customers located in a motor vehicle during such business transactions.

(Ord. 2000-128. Passed 12-6-00.)

   A dwelling is any building or portion thereof designed or used exclusively as the residence or sleeping place of one or more families, but not including a tent, cabin, trailer or trailer coach, boarding or rooming house, hotel, or mobile home.

(Ord. 2000-128. Passed 12-6-00.)

   A duplex dwelling means a building designed for or used exclusively by two families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit, separated from each other by a common firewall.

(Ord. 2000-128. Passed 12-6-00.)

   A multi-family dwelling is a building or portion thereof designed for or used by three or more families or housekeeping units, living independently of each other, with cooking and sanitary facilities in each dwelling unit.

(Ord. 2000-128. Passed 12-6-00.)

   A single family detached dwelling means a building. designed for or used exclusively for residence purposes by one family or housekeeping unit.

(Ord. 2000-128. Passed 12-6-00.)

   A single family attached dwelling means a dwelling unit attached to other dwelling units in contiguous side-by-side groupings, which are physically attached to one another by common or adjoining vertical walls without openings between the dwelling units extending from the basement floor, or ground floor if there is no basement, to the roof, which have individual heating and plumbing systems and separate ground floor entrances.

(Ord. 2020-66. Passed 8-5-20.)

   A two family dwelling means a detached dwelling arranged, intended or designed to consist of two dwelling units.

(Ord. 2000-128. Passed 12-6-00.)

   Dwelling unit shall mean one room, or a suite of two (2) or more rooms, designed for or used by one family for living and sleeping purposes and which includes permanently installed cooking and lawfully required sanitary facilities.

(Ord. 2000-128. Passed 12-6-00.)

   2021 Replacement

   An educational institution is a facility that provides a curriculum of elementary, secondary or collegiate level academic instruction, including kindergartens, elementary schools, junior high schools, high schools, technical and collegiate level courses.

(Ord. 2000-128. Passed 12-6-00.)

   Essential services means the location, erection, construction, reconstruction, change, alteration, maintenance, removal, use or enlargement by public utilities, county, or other governmental agencies of underground or overhead gas, telephone systems, electrical, steam or water generation, transmission or distribution systems; including buildings, structures, towers, poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants, and other similar equipment or accessories and the use of land in connection therewith, for the furnishing of adequate service by such public utilities, county, or other governmental agencies or for the public health, safety and general welfare.

(Ord. 2000-128. Passed 12-6-00.)

   Family means one or more persons not necessarily related by blood, marriage, adoption or guardianship, occupying a dwelling unit and living as a single housekeeping unit, under a common housekeeping management plan based on an intentionally structured relationship providing organization and stability.

(Ord. 2000-128. Passed 12-6-00.)

   A fence or wall shall mean a barrier or divider constructed to prevent escape or intrusion, to mark a boundary, or to enclose an area.

(Ord. 2000-128. Passed 12-6-00.)

   A financial institution is any building, property or activity of which the principal use or purpose of which is the provision of financial services including but not limited to banks, facilities for automated teller machines (ATMs), credit unions, savings and loan institutions and mortgage companies.

(Ord. 2000-128. Passed 12-6-00; Ord. 2004-016. Passed 4-7-04; Ord. 2008-06. Passed 1-16-08)

   Exterior walls that extend continuously from the base of the building to the roof that are designed to remain standing even if the adjacent structure collapses. Firewalls are built thicker than normal walls with significant structural stability under fire conditions.

(Ord. 2022-34. Passed 4-6-22.)

   The floor area is the sum of the gross horizontal areas of each floor of the principal building, measured from the exterior walls or from the center line of party walls, including the floor area of accessory buildings and structures.

(Ord. 2000-128. Passed 12-6-00.)

   Floor area ratio is the total floor area of the building or buildings on a lot or parcel divided by the gross area of the lot or parcel.

(Ord. 2000-128. Passed 12-6-00.)

   A funeral home shall mean any dwelling or other structure used ~d occupied by a professional licensed mortician for burial preparation and/or funeral services.

(Ord. 2000-128. Passed 12-6-00.)

   Community garage means a building or part of a building enclosed by walls on all sides and having a door or doors, and complying with the Fire Prevention Code, used for the storage of passenger automobiles of tenants of two or more adjoining apartment buildings.

(Ord. 2000-128. Passed 12-6-00.)

   Private garage means an accessory building or enclosure, primarily designed or used for the permanent or temporary storage of motor vehicles, enclosed by walls on all sides and having a door or doors, and in which no occupation, business or service for profit is carried on. Private Garages are further divided as follows:

(Ord. 2000-128. Passed 12-6-00.)

   A storage garage shall mean a building or part of a building enclosed by walls on all sides and having a door or doors, and complying with the Fire Prevention Code, other than a private garage or community garage, used for the storage of any kind of motor vehicles, with or without ordinary maintenance services on such vehicles or sale of accessories.

(Ord. 2000-128. Passed 12-6-00.)

   Space that is owned or operated by an instrumentality or agency of federal, state, or local government meant to carry out services to the public.

(Ord. 2022-34. Passed 4-6-22.)

   Grade means the average level of the finished surface of the ground adjacent to the exterior walls of the building or structure.

(Ord. 2000-128. Passed 12-6-00.)

   The multifunctional, interconnected network of open space and natural features such as greenways, wetlands, parks, forest preserves, and areas of native plant vegetation, that naturally manages stormwater, reduces flooding risk, and improves water quality. The term green infrastructure is often adapted to refer to products, technologies, and practices that use natural systems, or engineered systems that mimic natural processes.

(Ord. 2022-34. Passed 4-6-22.)

   Parking lots that are designed to reduce stormwater runoff volumes and velocity, provide naturalized landscaped areas, and provide a pleasing appearance through the use of permeable or pervious paving options, reconfigured design, reduction of curbing, and additional landscaping and use of raingardens and bioswales.

(Ord. 2022-34. Passed 4-6-22.)

   A retail or wholesale store that primarily sells food, including canned and frozen foods, fresh fruits, and vegetables, and fresh (raw) and prepared meats, fish, and poultry.

(Ord. 2022-34. Passed 4-6-22.)

   A heliport is an area on the ground or on a roof used by helicopters or steep gradient aircraft for the purpose of picking up or discharging passengers or cargo.

(Ord. 2000-128. Passed 12-6-00.)

   A home occupation is any occupation, business, profession, activity or use which is incidental to the principal use of the premises and is conducted by a resident occupant which does not alter the exterior of the property or affect the residential character of the neighborhood, including, but not limited to a home office as defined by Section 1261.53, a child or adult daycare center as defined in Section 1261.30, and a daycare home as defined in Section 822.02.

(Ord. 2000-128. Passed 12-6-00; Ord. 2005-005. Passed 1-19-05.)

   A home office is any home occupation consisting of the office of a practitioner of a recognized profession including, but not limited to: accounting, art, engineering, law, music, medicine and real estate agents.

(Ord. 2000-128. Passed 12-6-00.)

   A hospital is an institution providing health services primarily for human inpatient medical or surgical care for the sick or injured and including related facilities such as laboratories, out-patient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.

(Ord. 2000-128. Passed 12-6-00.)

   A hotel means a facility offering transient lodging accommodations on a daily rate to the general public and providing additional services, such as restaurants, meeting rooms, and recreational facilities.

(Ord. 2000-128. Passed 12-6-00.)

   The impervious surface ratio is a measure of the intensity of land use that is determined by dividing the total area of all impervious surfaces on the site by the area of the site or lot.

(Ord. 2000-128. Passed 12-6-00.)

   Industrial shall mean the assembling of components, altering, converting, fabricating, finishing, processing, packaging or treatment of a product.

(Ord. 2000-128. Passed 12-6-00.)

   Light industrial shall mean the assembling, altering, converting, fabricating, finishing, processing or treatment of a product utilizing a relatively clean and quiet process which does include or generate objectionable or hazardous elements such as smoke, odor, vibration, water pollution or dust and which is operating and storing products in a completely enclosed structure.

(Ord. 2000-128. Passed 12-6-00.)

   An organization committed to reducing light pollution of the night sky and the various social and environmental impacts associated with light pollution.

(Ord. 2022-34. Passed 4-6-22.)

   Junk shall mean old or scrap copper, brass, rope, rags, batteries, paper, rubber; junked, dismantled, or wrecked motor vehicles or parts thereof; iron, steel, and other old or scrap ferrous or nonferrous materials which are not held for sale or remelting purposes by an establishment having facilities for processing such materials.

(Ord. 2000-128. Passed 12-6-00.)

   A junk yard shall mean an establishment or place of business (other than an establishment having facilities for processing iron, steel, or nonferrous scrap and whose principal product is scrap iron and steel or nonferrous scrap for sale for remelting purposes), 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, except an establishment or place where automobiles, wrecked or otherwise, are held or impounded for a period not to exceed ninety (90) days exclusively for storage, repair, or resale without alteration.

(Ord. 2000-128. Passed 12-6-00.)

   A kennel is any lot or premises on which domesticated animals more than four months of age are housed, groomed, bred, boarded, trained, sold, or which offers provisions for minor medical treatment.

(Ord. 2000-128. Passed 12-6-00.)

   Any human activity which involves soil disturbance.

(Ord. 2022-34. Passed 4-6-22.)

   A measure of the extent to which a parcel is allowed to be developed, or allowable maximum coverage by principal and accessory uses.

(Ord. 2022-34. Passed 4-6-22.)

   Landscaping means changing, rearranging or adding to the original vegetation, plant materials or scenery of a piece of land to produce an aesthetic effect appropriate for the use to which the land is put. Landscaping may include reshaping the land by moving the earth, as well as preserving the original vegetation or adding vegetation. Landscaping may act as a buffer, visually separating different types of uses.

(Ord. 2000-128. Passed 12-6-00.)

   A loading space means an off-street space or berth on the same lot with a building or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials; and which abuts upon a street, alley or other appropriate means of access.

(Ord. 200-128. Passed 12-6-00.)

   Logistical services are services which are related to the distribution of goods including labeling, breaking bulk, inventory control and management, light assembly, order entry and fulfillment, packaging, pick and pack, price marking and ticketing and transportation arrangement.

(Ord. 2003-062. Passed 10-1-03.)

   A lot means a piece or parcel of land occupied or intended to be occupied by a principal building or a group of buildings united by a common interest or use, together with accessory building and uses and the open spaces belonging to the same, and having frontage on a public street.

(Ord. 2000-128. Passed 12-6-00.)

   Area of a Lot means the total horizontal area contained within the lot lines of the lot.

(Ord. 2000-128. Passed 12-6-00.)

   A corner lot means a lot abutting on two or more streets at their intersection where the angle of intersection is not more than 135 degrees. The point of intersection of the street lines is the corner.

(Ord. 2000-128. Passed 12-6-00.)

   Depth of a lot means the average horizontal distance from the front lot line to the middle of the rear lot line measured in the mean direction of the side lot lines.

(Ord. 2000-128. Passed 12-6-00.)

   The interior lot means a lot other than a corner lot and with frontage on one street.

(Ord. 2000-128. Passed 12-6-00.)

   2004 Replacement

   A through lot is a lot having a pair of opposite lot lines along two or more or less parallel public streets. On a through lot, both street lines shall be deemed front lot lines.

(Ord. 2000-128. Passed 12-6-00.)

   Width of a lot means the mean width measured at right angles to the depth of the lot. In the case of an irregularly shaped lot, the lot width shall be the average width of the lot.

(Ord. 2000-128. Passed 12-6-00.)

   Lot coverage means that percentage of a lot which, when viewed directly from above, would be covered by a structure or structures, or any part thereof, excluding projecting roof eaves.

(Ord. 2000-128. passed 12-6-00.)

   Lot line means the property lines bounding the lot.

(ord. 2000-128. Passed 12-6-00.)

   The front lot line 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.

(Ord. 2000-128. Passed 12-6-00.)

   The rear lot line means the lot line that is most distant from, and is, or is most nearly parallel to, the front lot line.

(Ord. 2000-128. Passed 12-6-00.)

   The rear lot line means the lot line that is most distant from, and is, or is most nearly parallel to, the front lot line.

(Ord. 2000-128. Passed 12-6-00.)

   A side lot line means a lot line which is neither a front lot line nor a rear lot line.

(Ord. 2000-128. Passed 12-6-00.)

   A lot of record means a lot which is part of a subdivision, the plat of which has been recorded in the office of the County Recorder of Cuyahoga County, or a lot described by metes and bounds, the description and deed of which has been recorded in such office.

(Ord. 2000-128. Passed 12-6-00.)

   Manufactured housing unit means any structure designed to be used as a habitable space, that is transportable in one or more sections, which may or may not be permanently attached to a chassis or placed on a foundation, and meeting the design and construction standards of the United States Department of Housing and Urban Development and of the State of Ohio.

(Ord. 2000-128. Passed 12-6-00.)

   A development that includes some combination of commercial, office, and residential uses, where the residential component is typically located above commercial or office space.

(Ord. 2022-34. Passed 4-6-22.)

   A plant that is a part of the balance of nature that has developed over hundreds or thousands of years in a particular region or ecosystem of Maple Heights, Ohio.

(Ord. 2022-34. Passed 4-6-22.)

   A nursing home, rest home or convalescent home means a place, residence or home, with or without medical services, used for the boarding and care, for a consideration, of not less than three (3) persons, not members of the immediate family operating such facilities, who by reason of age or infirmity are dependent upon the services of others.

(Ord. 2000-128. Passed 12-6-00.)

   See definition 1261.130, Use, Nonconforming.

(Ord. 2000-128. Passed 12-6-00.)

   An office means a building or portion of a building wherein services are performed involving predominately administrative, professional or clerical operations.

(Ord. 2000-128. Passed 12-6-00.)

   Open space means land used for resource protection, recreation, amenity and/or buffers.

(Ord. 2000-128. Passed 12-6-00.)

   Open storage shall mean the keeping, in an unroofed area, of any goods, junk, merchandise, materials or vehicles in the same place for more than twenty-four (24) hours.

(Ord. 2000-128. Passed 12-6-00.)

   Accessory parking area means an open or enclosed area, other than a street or driveway, accessory to a dwelling or other building, and used for the free parking of passenger automobiles for the occupants of such building, their guest or customers.

(Ord. 2000-128. Passed 12-6-00.)

   A parking lot means an open lot or plot of ground used by the public, with or without a fee, for the standing or parking of motor vehicles, no part of which is a public street or driveway.

(Ord. 2000-128. Passed 12-6-00.)

   A parking space means a permanently surfaced area, either within a structure or in the open, exclusive of driveways or access drives, for the parking of motor vehicles.

(Ord. 2000-128. Passed 12-6-00.)

   The space provided between the sidewalk and the curb of a roadway. The pedestrian buffer/tree lawn is meant to provide a safer and more pleasant experience for pedestrians by shielding them from traffic on the roadway.

(Ord. 2022-34. Passed 4-6-22.)

   Interconnected walkways, shared-use paths, sidewalks, and other amenities to provide continuous pedestrian access route that connects to facilities, elements, and spaces at the street level as well as to and within parking facilities.

(Ord. 2022-34. Passed 4-6-22.)

   Meant to improve the visibility of and for pedestrians at the street level to improve safety and security. Pedestrian scaled street lighting is directed toward the sidewalk, positioned lower than roadway lighting, and is more closely spaced than roadway lighting.

(Ord. 2022-34. Passed 4-6-22.)

   A space with design qualities and elements that contribute to an active, inviting, and pleasant place for pedestrians including:

      1.   Building facades that are highly articulated at the street level, with interesting uses of material, color, and architectural detailing, located directly behind the sidewalk;

      2.   Design amenities related to the street level such as awnings, paseos, arcades;

      3.   Visibility into buildings at the street level;

      4.   A continuous sidewalk, with a minimum of intrusions into pedestrian right-of-way;

      5.   Continuity of building facades along the street with few interruptions in the progression of buildings and stores;

      6.   Signs oriented and scaled to the pedestrian rather than the motorist;

      7.   Landscaping; and

      8.   Street furniture.

(Ord. 2022-34. Passed 4-6-22.)

   Performance standards are a criterion established in the interest of protecting the public health and safety for the control of noise, odor, smoke, noxious gases, and other objectionable or dangerous elements generated by and inherent in or incidental to land uses.

(Ord. 2000-128. Passed 12-6-00.)

   Alternative pavement materials which allow rain and snowmelt to seep through the surface down to underlying layers of soil and gravel. These include pervious asphalt, pervious concrete, interlocking pavers, and plastic grid pavers. In addition to reducing the runoff from the rain that falls on them, pervious and permeable pavements can help filter out pollutants that contribute to water pollution. Permeable pavements can also reduce the need for road salt and reduce construction costs for residential and commercial development by reducing the need for some conventional drainage features.

(Ord. 2022-34. Passed 4-6-22.)

   Personal services are activities conducted in an office, store or other place of business catering to the personal needs of a customer, such as normally conducted by a barber, tailor, dressmaker, doctor, dentist, attorney, architect, or a photocopy duplication center.

(Ord. 2000-128. Passed 12-6-00; Ord. 2004-016. Passed 4-7-04; Ord. 2008-06. Passed 1-16-08)

   A type of building development that conforms to an approved development plan that can offer more creative and efficient use of land. It can be a grouping of either similar or varied uses, all within one contained development or subdivision.

(Ord. 2022-34. Passed 4-6-22.)

   Plant nurseries shall mean the selling and growing of plants, flowers, vegetables, shrubs and trees including the selling and warehousing of garden equipment and supplies and the storage of bulk gardening items, bagged and/or on pallets.

(Ord. 2000-128. Passed 12-6-00.)

   A privately-owned, non-commercial recreation facility which could include swimming pools, swim, and tennis clubs, park, and sport court facilities.

(Ord. 2022-34. Passed 4-6-22.)

   A business organization (such as an electric company) performing a public service and subject to special governmental regulation.

(Ord. 2024-34. Passed 4-6-22.)

   A rain garden is a depressed area in the landscape that collects rainwater from a roof, driveway or street and allows it to soak into the ground. Raingardens are planted with appropriate grasses and flowering perennials. Can work in conjunction with bioretention cells and bioswales.

(Ord. 2024-34. Passed 4-6-22.)

   Active recreation shall mean the improvement of the land, open to the general public, which provides facilities serving the recreational needs of the community. Active recreational areas shall include, but are not limited to: swimming pools, athletic fields, tennis courts, amphitheaters, community centers, and playgrounds.

(Ord. 2000-128. Passed 12-6-00.)

   Commercial recreation is land or facilities operated as a business and are open to the general public for a fee that shall include, but is not limited to: rollerblade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks, batting cages or swimming pools.

(Ord. 2000-128. Passed 12-6-00.)

   Public recreation is any land or facility operated by a governmental agency or non-profit organization and open to the public or members of the non-profit organization without a fee that shall include but is not limited to: picnic areas, bike/hike trails, riding stables, public golf courses, athletic fields or swimming pools.

(Ord. 2000-128. Passed 12-6-00.)

   A religious place of worship shall mean an institution that a congregation of people regularly attend to participate in or hold religious services, meetings and other activities, including buildings in which the religious services of any denomination are held.

(Ord. 2000-128. Passed 12-6-00.)

   A research and development laboratory shall mean a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except as incidental and accessory to the main purpose of the laboratory.

(Ord. 2000-128. Passed 12-6-00.)

   An establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in nondisposable containers. Although restaurants may sell alcohol for consumption, the sale and consumption of alcohol shall not be its principal use.A restaurant is an establishment with table services whose principal business is the selling of unpackaged food and beverages to the customer in a ready to consume state, in individual servings, or in nondisposable containers.

(Ord. 2000-128. Passed 12-6-00; Ord. 2022-34. Passed 4-6-22.)

   A fast food restaurant is an establishment whose principal business is the sale of prepared or rapidly prepared food, in disposable containers and without table service, directly to the customer in a ready-to-consume state.

(Ord. 2000-128. Passed 12-6-00.)

   A restaurant where food may be purchased by motorists without leaving their vehicles.

(Ord. 2022-34. Passed 4-6-22.)

   A retail business shall mean any business selling goods, wares or merchandise to the ultimate consumer for direct consumption and not for resale.

(Ord. 2000-128. Passed 12-6-00.)

   An area of land taken or dedicated for use as a public passage or for public safety purposes. In addition to roadways, rights-of-way typically include sidewalks, curbs, lawn strips, lighting, drainage facilities, or public utility, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges. Rights-of-way can occur on public or private property.

(Ord. 2022-34. Passed 4-6-22.)

   Plants capable of surviving high levels of salt resulting from application of road salt in winters and able to withstand periods of drought experienced during summer months.

(Ord. 2022-34. Passed 4-6-22.)

   A satellite dish is a device incorporating a reflective surface that is solid, open mesh, or bar configured and is in the shape of a shallow bowl used only to receive radio or electromagnetic waves between terrestrially and/or orbitally based uses.

(Ord. 2000-128. Passed 12-6-00.)

   A senior independent living facility is any planned age-restricted development, which may be in any housing form, including detached and attached dwelling units, apartments, and residences, offering private and semi-private rooms. Such facilities may emphasize social and recreational activities and may also provide personal services, limited health facilities, and transportation.

(Ord. 2000-128. Passed 12-6-00.)

   Building setback line means a line establishing the limits of a yard which abuts a street or property line and in which no building may be located.

(Ord. 2000-128. Passed 12-6-00.)

   The strip of land created by the required setback line of buildings, structures, or other development features. This setback strip may be required to be landscaped.

(Ord. 2022-34. Passed 4-6-22.)

   A tool through which adjacent property owners share their parking lots and reduce the number of parking spaces that each would provide on their individual properties.

(Ord. 2022-34. Passed 4-6-22.)

   A sign means any display, figure, painting, drawing, placard, poster or other device visible from a public way or area generally accessible to the public, which is designed, intended or used to convey a message, advertise, inform or direct attention to a person, institution, organization, activity, place, object or product.

(Ord. 2000-128. Passed 12-6-00.)

   Billboard sign means a sign directing attention to a specific business, product, service, entertainment or other activity sold, offered or conducted elsewhere than upon the lot on which the sign is located.

(Ord. 2000-128. Passed 12-6-00.)

   Bulletin board sign means a sign for the display of announcements of a public or semipublic institution and located on the grounds of that institution.

(Ord. 2000-128. Passed 12-6-00.)

   Business sign means generally, a sign containing product advertisements or other detailed information about the operation of a business. Specifically, such sign is one which contains brand names of goods sold or services rendered on the premises, a listing of numerous specific types of goods or services, prices or special sale information, forms of payment accepted, hours of operation, a telephone number or other similar information. A business sign may also include items permitted on an identification sign.

(Ord. 2000-128. Passed 12-6-00.)

   Canopy sign means a sign attached to the fascia or hanging from the soffit of a canopy or covered entrance or attached to a permanent awning or marquee.

(Ord. 2000-128. Passed 12-6-00.)

   Directional sign means a sign indicating a direction or a location to which pedestrian or vehicular traffic is requested to move.

(Ord. 2000-128. Passed 12-6-00.)

   Freestanding sign means a sign which is not attached to a building and which is either attached directly to the ground or elevated on a supporting structure attached to the ground.

(Ord. 2000-128. Passed 12-6-00.)

   Ground mounted sign means any freestanding sign, other than a pole sign, in which the entire bottom is in contact with or is close to the ground and is independent of any other structure.

(Ord. 2000-128. Passed 12-6-00.)

   Identification sign means, generally, a sign identifying or naming a business, institution, residential development or other use. Specifically, such sign may indicate the name, owner, manager and address of an existing building, business or other use, including the general type of goods or services and without reference to brand names, prices, sales or telephone numbers, with the following exception: Identification signs may have up to twenty-five percent of the total permitted sign area devoted to changeable letters and numbers for promotional advertising of specific goods or services, brand named, prices or sales. This twenty-five percent area for promotional advertising shall be defined as a reader board.

(Ord. 2000-128. Passed 12-6-00.)

   Informational sign means a sign which presents miscellaneous information or instructions intended to serve the public rather than to promote a business, product or issue. Such sign may not contain information included in the definition of any other sign by use type. (Typical information signs include those presenting travel information and those concerning weather, time, historic and scenic sites, public recreation facilities, miscellaneous instructions and warnings, etc.).

(Ord. 2000-128. Passed 12-6-00.)

   Nameplate sign means a sign indicating the name, address or profession of a person occupying a residence.

(Ord. 2000-128. Passed 12-6-00.)

   Panel sign means a structural object or portion of a structural object designed to form a distinct background area or frame for the display of information on a sign.

(Ord. 2000-128. Passed 12-6-00.)

   Pole sign means a sign that is mounted on a freestanding pole or other support so that the bottom edge of the sign face is six (6) feet or more above grade.

(Ord. 2000-128. Passed 12-6-00.)

   Political sign means a sign or placard advocating action on a public issue or indicating a candidate or candidates for public office.

(Ord. 2000-128. Passed 12-6-00.)

   Portable sign means a sign which is designed to be moved and is not attached to any part of a building or to the ground.

(Ord. 2000-128. Passed 12-6-00.)

   Real estate sign means a temporary sign promoting the development, construction, rental, sale or lease of property.

(Ord. 2000-128. Passed 12-6-00.)

   Projecting sign means a sign erected on the outside wall of a building and projecting out at an angle therefrom.

(Ord. 2000-128. Passed 12-6-00.)

   Roof sign means a sign erected upon and completely over the roof of any building.

(Ord. 2000-128. Passed 12-6-00.)

   Sold sign means a temporary sign announcing that a property has been sold or leased or is no longer available.

(Ord. 2000-128. Passed 12-6-00.)

   Temporary sign means a sign announcing special events or sales, the sale or rental of property, political positions or other matters and intended for use for a limited period of time.

(Ord. 2000-128. Passed 12-6-00.)

   Wall sign means a sign integral with the exterior face of an interior wall of a building, structure or structural object, or attached to the wall and parallel with the wall and projecting not more than fifteen inches therefrom and not perpendicular to the wall.

(Ord. 2000-128. Passed 12-6-00.)

   Window sign means a sign painted, attached or affixed to the interior or exterior surface of windows or doors of a building.

(Ord. 2000-128. Passed 12-6-00.)

   A story means that portion of a 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 level from which the height of the building is measured, if it is used for business purposes or if it contains any dwelling unit.

(Ord. 2000-128. Passed 12-6-00.)

   Half story shall mean a portion of a building between the top floor and a sloping roof, with at least two opposite exterior walls meeting the sloping roof not over four and one-half (4 1/2) feet above that floor level.

(Ord. 2000-128. Passed 12-6-00.)

   A street means an improved public right-of-way which provides a public means of access to abutting property, provided such street has been accepted by the City. The term street shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term.

(Ord. 2000-128. Passed 12-6-00.)

   A structure shall mean anything constructed, except pavement, the use of which requires permanent location on the ground, or attachment to something having a permanent location on the ground.

(Ord. 2000-128. Passed 12-6-00.)

   A swimming pool is any body of water or receptacle for water having a depth greater than eighteen (18) inches, used or intended to be used for swimming or bathing, and constructed, installed or maintained in or above the ground outside a building.

(Ord. 2000-128. Passed 12-6-00.)

   A single or two (2) family dwelling on its own lot, served by its own exclusive exterior pedestrian entrance, and attached to one (1) or more other such units by fire walls or fire separation walls.

(Ord. 2022-34. Passed 4-6-22.)

   A system for the installation and protection of street trees. Tree grates, wells and boxes are installed with the tree and allows the soil underneath to stay uncompacted and the pedestrians to walk near the tree without stepping on the soil. These systems allow tree roots to absorb air, sunlight, and water, while protecting the soil from pedestrian traffic impact.

(Ord. 2022-34. Passed 4-6-22.)

   Use means the purpose for which land or a building or structure is arranged, designed, or intended, or for which either land or a building or structure is, or may be, occupied or maintained.

(Ord. 2000-128. Passed 12-6-00.)

   Accessory use means a use or structure subordinate to the principal use of a building or to the principal use of land, which is located on the same lot as the principal use, and which is serving a purpose customarily incidental to the use of the principal building or land use.

(Ord. 2000-128. Passed 12-6-00.)

   A conditional use means a use which is permitted in a district only if a conditional use zoning certificate therefore is expressly authorized by the Planning Commission in accordance with the provisions of this Zoning Code.

(Ord. 2000-128. Passed 12-6-00.)

   A nonconforming use means the use of land, building or structure legally existing or used at the time of adoption of this Code, or any amendment thereto, and which does not conform with the use regulations of the district in which it is situated.

(Ord. 2000-128. Passed 12-6-00.)

   Principal permitted use is a use which is permitted outright in a district for which a zoning certificate shall be issued by the Building Commissioner provided that the applicant meets the applicable requirements of the Code.

(Ord. 2000-128. Passed 12-6-00.)

   Similar use means a use that has the same characteristics as the specifically listed uses in terms of the following: trip generation and type of traffic, parking and circulation, utility demands, environmental impacts, physical space needs, and clientele.

(Ord. 2000-128. Passed 12-6-00.)

   The area of the lot that is buildable after all regulations such as setback, maximum coverage, and right-of-way easements are satisfied.

(Ord. 2022-34. Passed 4-6-22.)

   Window covering means anything covering the inside or outside of a window opening of a business or residence, including, but not limited to window treatments, drapes, shades, blinds, shutters, rods and supports.

(Ord. 2009-85. Passed 8-19-09.)

   The administrative relief provided by the Board of Zoning Appeals from the strict terms of the relevant regulations of this Zoning Code.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   A veterinarian clinic/animal hospital is a building used for the medical treatment, housing or boarding of domestic animals such as dogs, cats, rabbits and birds by a veterinarian.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   Facilities for the storage of furniture, household goods, or other commercial goods of any nature in which the primary purpose of storage is for wholesaling and distribution. Does not include storage or mini-storage facilities offered for rent or lease to the general public.

(Ord. 2022-34. Passed 4-6-22.)

   Establishments engaged in selling merchandise to retailers; to contractors, industrial, commercial, institutional, farm, or professional business users; to other wholesalers; or acting as agents or brokers in buying merchandise for or selling merchandise to such persons or companies.

(Ord. 2022-34. Passed 4-6-22.)

   A yard means 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.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   Front yard means the yard extending across the full width of the lot, extending from the main building to the lot line.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   Rear yard means a yard extending 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.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   Side yard means a yard extending between the main building and the nearest side lot line extending from the front yard to the rear yard.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)

   Zoning map shall mean the Zoning Map or Maps of the City of Maple Heights, or portions thereof, together with all amendments thereto subsequently adopted.

(Ord. 2000-128. Passed 12-6-00; Ord. 2009-85. Passed 8-19-09.)