These rules, regulations, procedures, and accompanying maps shall be known, cited, and referred to as the Olmsted Falls Planning and Zoning Code. This Code includes standards for planning, subdividing, and developing land within the City, as set forth in the Subdivision Regulations and the Zoning Code.

(Ord. 24-97. Passed 10-14-97.)

   This Planning and Zoning Code shall be applicable to all land within the City and to all other territory over which the City may now or in the future have authority to make and enforce plans, plats, and regulations under Ohio R.C. Chapter 711 or any similar law.

(Ord. 24-97. Passed 10-14-97.)

   (a)   The purpose of this Planning and Zoning Code is to promote the public health and safety, and the convenience, comfort, prosperity, and/or general welfare of the inhabitants of the City by regulating the use of buildings, other structures, and land for residential, office, commercial, industrial, institutional, public, or other uses; to establish zoning districts of such classification and dimension as may be considered best to implement comprehensive planning; to regulate the subdividing and development of land by restricting the location, bulk, height, design, and land coverage of uses, buildings, and structures; to limit the density of population; and to provide regulations and procedures for the administration, interpretation, amendment, and enforcement of the Planning and Zoning Code.

   (b)   This Planning and Zoning Code is established to achieve the following objectives:

      (1)   To protect the character and the values of the residential, business, industrial, and recreational areas, and to assure their orderly and beneficial development;

      (2)   To provide for the reservation and dedication of land for safe and convenient pedestrian and vehicular circulation, and for open space for recreation and other public purposes;

      (3)   To provide for the construction of streets and utilities which will be adequate and economical to maintain;

      (4)   To ensure the accurate surveying of land and preparing and recording of plats; and

      (5)   To provide for the coordination of land development with the objectives of this Planning and Zoning Code and the Comprehensive Plan.

         (Ord. 24-97. Passed 10-14-97.)

   In interpreting and applying the provisions of this Planning and Zoning Code, they shall be held to be minimum requirements adopted for the promotion of the public health, safety, convenience, comfort, prosperity, and general welfare. They shall be liberally construed to further the purposes and objectives set forth herein and the purposes and intent of each district as set forth in each district chapter.

   (a)   They shall apply uniformly to each class or kind of use, building, structure, or land.

   (b)   This Planning and Zoning Code shall not interfere with, abrogate, or annul any easement, covenant, deed or plat restrictions, or other agreement between parties, except that in cases where this Planning and Zoning Code imposes a greater restriction upon the use of buildings or premises, upon the height of buildings, or upon the lot area per family, or requires larger yards or other open spaces, than are imposed or required by such easements, covenants, or agreements, the provisions of this Planning and Zoning Code shall control.

   (c)   If there is uncertainty as to the meaning and intent of any of the provisions of this Planning and Zoning Code, a request for an interpretation of such provision by the Planning Commission may be made by any property owner or by any officer, department, division, board, or bureau of the City.

      (Ord. 24-97. Passed 10-14-97.)

   This Planning and Zoning Code shall not repeal, abrogate, annul, or in any way impair or interfere with any existing law or ordinance, or any rules or regulations heretofore or hereafter adopted or promulgated pursuant to law regulating the use of land or buildings except to the extent that this Planning and Zoning Code imposes a greater restriction upon the use of buildings or premises, upon the height of buildings, or upon the lot area per family, or requires larger yards or other open spaces, than are imposed or required by such other laws, ordinances, or rules and regulations, in which case the more restrictive provision of this Planning and Zoning Code shall control.

(Ord. 24-97. Passed 10-14-97.)

   Should any provision of the regulations set forth in this Planning and Zoning Code be declared invalid for a particular provision by a court of competent jurisdiction, such decision shall not affect the validity of this Planning and Zoning Code other than the provision declared to be invalid, nor shall such decision affect the application of the particular provision to different facts or circumstances.

(Ord. 24-97. Passed 10-14-97.)

   Except to the extent expressly permitted by this Planning and Zoning Code, after the effective date of this Code:

   (a)   No land or structure shall be used or occupied, and no structure shall be erected, constructed, reconstructed, enlarged, moved, or structurally altered, except in conformity with all of the regulations herein specified as being applicable to such land or structure.

   (b)   No building shall accommodate or house a greater number of families or employees than permitted by this Code.

   (c)   Any parcel of land may be divided into two or more zoning lots, provided all lots resulting from such division shall conform to all lot area, width, and depth regulations of the district in which it is located, and shall comply with the procedures for minor or major subdivisions enumerated in Chapter 1224.

   (d)   Any lot of record, whether vacant or occupied by a building, which has an area, width, or depth equal to or less than required by these regulations, and which was owned separately from adjoining lots on the effective date of this Planning and Zoning Code or an amendment thereto, causing the lot to become nonconforming, shall not be further reduced in any manner except by conveyance of all or part of such lot to an adjacent owner or owners.

   (e)   Any part of a lot necessary to provide the required lot area for a building or use shall not be considered as providing any part of the required lot area for another building or use.

   (f)   No part of a yard, or other open space, or off-street parking area, which may be required in this Code in connection with any land or structure, shall be included as part of a yard, open space, or off-street parking or loading space similarly required for any other land or structure.

   (g)   No yard or lot existing upon the effective date of this Code shall be reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this Planning and Zoning Code shall meet the minimum requirements herein established.

      (Ord. 24-97. Passed 10-14-97.)

   This Planning and Zoning Code shall take effect and be in full force from and after its passage, or at the earliest period allowed by law.

(Ord. 24-97. Passed 10-14-97.)

   (a)   Unless otherwise specifically provided, the time within which an act is to be done shall be computed by excluding the first and including the last day. If the last day is a Saturday, Sunday, or legal holiday, that day shall be excluded. When the period of time prescribed is less than seven days, intermediate Saturdays, Sundays, and holidays shall be excluded.

   (b)   Unless otherwise specifically provided, whenever a person has the right or is required to do some act within a prescribed period after the service of a notice or other paper upon him or her and the notice or paper is served by mail, three days shall be added to the prescribed period.

(Ord. 24-97. Passed 10-14-97.)

   Throughout this Planning and Zoning Code, reference to section numbers means the numbered sections of this Code. Under no circumstances shall the title at the head of each section, subsection or item, or an illustration, be construed as a legal part of this Planning and Zoning Code. In this Code, a title, illustration or photograph is used for reference and explanation only.

(Ord. 24-97. Passed 10-14-97.)

   For the purpose of this Planning and Zoning Code, the following terms shall have, throughout this text, the meanings given in this chapter:

   (a)   All words used in the singular include the plural and the plural includes the singular.

   (b)   All words used in the present tense include the future tense, unless the context clearly indicates the contrary.

   (c)   The masculine, feminine, or neuter gender includes both of the others.

   (d)   The word “shall” is to be interpreted as mandatory; the word "may" is permissive.

   (e)   The phrase "used for" includes the phrases “arranged for”, “designed for”, “intended for”, "maintained for,” or “occupied for”.

   (f)   The word "lot" also means the word “plot.”

   (g)   The word “erected” also means the word “used” and the word "altered."

   (h)   The word “build” also means to “erect,” “convert,” “enlarge,” “reconstruct,” or "structurally alter" a building or structure or part thereof.

   (i)   "Such as" shall be construed as introducing a typical or illustrative enumeration of uses.

   (j)   When a colon is used to introduce an enumeration, what follows is a complete enumeration of uses and not an illustrative one.

      (Ord. 24-97. Passed 10-14-97.)

   Words used in this Planning and Zoning Code are used in their ordinary English usage. However, for the purpose of this Planning and Zoning Code, certain words used herein are defined and whenever used in this Code shall have the meaning indicated in this section, except where the context clearly indicates a different meaning.

   (a)   The following are general terms of reference:

      (1)   ADMINISTRATOR (OR ZONING ADMINISTRATOR): The official designated to administer the Planning and Zoning Code of the City of Olmsted Falls, Ohio. Duties of the Zoning Administrator may also be performed by a designated agent. (See Section 1206.01).

      (2)   BOARD: The Board of Zoning Appeals of Olmsted Falls, Ohio. (See Section 1206.05).

      (3)   CITY: The City of Olmsted Falls, Ohio.

      (4)   CITY ENGINEER: The professional engineer hired by the City as either an employee or a consultant.

      (5)   CITY PLANNER: The professional planner hired by the City as either an employee or a consultant.

      (6)   CLERK: The Clerk of Council of the City.

      (7)   COMMISSION: The Planning Commission of the City. (See Section 1206.03).

      (8)   COUNCIL: The legislative body of the City. (See Section 1206.06).

      (9)   COUNTY: Cuyahoga County, Ohio.

      (10)   DATE OF PASSAGE: The date upon which this Planning and Zoning Code was passed by Council.

      (11)   DEVELOPER: Any individual, firm, association, corporation, trust, or other legal entity, including contractors and agents, commencing proceedings under these regulations.

      (12)   DISTRICT: A part of the City wherein regulations of this Planning and Zoning Code are uniform as classified by the provisions of Chapter 1234.

      (13)   FILING DATE: The date of the first regular meeting on which the application, plan, plat, or appeal is placed on the review body's agenda as a regular business item, and not including applications reviewed as study or discussion items.

      (14)   HEALTH DEPARTMENT: The County or State Health Department.

      (15)   LAW DIRECTOR: The legal counsel for the City.

      (16)   OFFICIAL ZONING MAP: The map which, as a part of this Zoning Code, delineates the boundaries of the zoning districts and is the official and final authority as to the current zoning status of land in the City.

      (17)   PLANNING AND ZONING CODE: Part Twelve of these Codified Ordinances - The Planning and Zoning Code of the City of Olmsted Falls, Ohio.

       (18)   PROFESSIONAL ENGINEER: A registered engineer licensed to practice engineering in the State.

      (19)   PROFESSIONAL SURVEYOR: A registered surveyor licensed to practice surveying in the State.

      (20)   PUBLIC NOTICE: Advance notice of a hearing or proceeding as prescribed in this Code which states the subject matter to be heard and the time and place of the hearing or proceeding, printed once in a newspaper of general circulation in the City.

      (21)   REVIEW BOARD: The Architectural Board of Review of Olmsted Falls, Ohio. (See Section 1206.04).

      (22)   SANITARY ENGINEER: The County or State Sanitary Engineer.

      (23)   SECRETARY: The Secretary of the Planning Commission.

      (24)   STATE: The State of Ohio.

       (25)   TREASURER: The Treasurer or the Finance Director of the City.

   (b)   Certain general terms are hereby defined as follows:

      (1)   ABUTTING: Having a common border with, or being separated from such a common border by a right-of-way, alley, or easement.

         (Ord. 89-99. Passed 12-14-99.)

      (2)   ACCESS DRIVE: A private way used to serve a land area and provide access to a public street. In a residential district, an access drive is a private way serving a maximum of four (4) dwelling units. An access drive serving more than four (4) dwelling units is a public or private streets.

      (3)   ACCESSORY APARTMENT: A dwelling unit which is constructed in an existing permitted single-family dwelling or an existing carriage house, is subordinate to the principal single-family dwelling unit with respect to size, and provides complete housekeeping facilities for one family, but which does not alter the character and appearance of the residential structure or carriage house, or its conformity with the character of the neighborhood.

      (4)   ACCESSORY BUILDING: A subordinate building which is detached from, but located on the same lot as, the principal building, the use of which is customarily incidental and subordinate to that of the principal building or use.

      (5)   ADULT DAY-CARE FACILITY: An establishment that during any part of the normal business day provides supervised educational, recreational and social activities to elderly and/or handicapped adults, but not including persons suffering from acute or chronic alcoholism or other drug dependency or persons who regularly require restraint.

         (Ord. 24- 97. Passed 10-14-97.)

      (6)   ADULT ENTERTAINMENT BUSINESS: An adult arcade, adult bookstore, adult novelty store, adult video store, adult cabaret, adult motion picture theater, adult theater, nude model studio, or sexual encounter center. "Adult entertainment business" does not include an adult motel.

         A.   Adult arcade. Any place to which the public is permitted or invited where (1) motion picture machines, projectors, video or laser disc players, or other video or image producing devices are available, run via coin, token, or any other form of consideration, to show images to five or fewer persons per machine at any one time; and/or (2) live entertainment is available in a format designed for viewing by five or fewer persons at one time; and where the images shown and/or live entertainment presented are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

         B.   Adult bookstore, adult novelty store, or adult video store. A commercial establishment which, as one of its principal business purposes, offers for sale or rental for any form of consideration any one or more of the following:

            1.    Books, magazines, periodicals or other printed matter, or photographs, films, motion pictures, videocassettes or video reproductions, slides, or other visual representations that are characterized by the depiction or description of specified sexual activities or specified anatomical areas; or

            2.    Instruments, devices, or paraphernalia, other than prophylactics, that are designed for use in connection with specified sexual activities.

         C.   Adult cabaret. A nightclub, bar, restaurant, or similar commercial establishment that regularly features:

            1.    Persons who appear in a state of semi-nudity;

            2.    Live entertainment characterized by the depiction or description of specified anatomical areas;

            3.    Live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment; or

            4.    Films, motion pictures, videocassette, slides, or other photographic reproductions that are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

         D.   Adult motel. A hotel, motel, or similar commercial establishment which:

            1.    Offers accommodations to the public for any form of consideration; and provides patrons with closed circuit television transmissions, films, motion pictures, video cassettes, slides, or other photographic reproductions which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this sex-oriented type of photographic reproductions; or

            2.    Offers a sleeping room for rent for a period of time that is less than ten (10) hours; or

            3.    Allows a tenant or occupant of a sleeping room to subrent the room for a period of time that is less than ten (10) hours.

         E.   Adult motion picture theater. A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, slides, or similar photographic reproductions are regularly shown which are characterized by the depiction or description of specified sexual activities or specified anatomical areas.

         F.   Adult theater. A theater, concerthall, auditorium, or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by the depiction or description of specified anatomical areas, or live entertainment of an erotic nature including exotic dancers, strippers, male or female impersonators, or similar entertainment.

         G.   Escort service. A person who, for consideration, agrees or offers to act as a companion, guide, or date for another person, or who agrees or offers to privately model lingerie or to privately perform a striptease or any other sexually oriented act for another person, in a manner which meets the definition of adult entertainment business pursuant to this paragraph (b)(5A).

         H.   Escort agency. A person or business association who or which furnishes, offers to furnish, or advertises to furnish escort services as one of its primary business purposes, for a gratuity or other consideration.

         I.   Nude model studio. Any place where a person, who appears in a state of nudity or displays specified anatomical areas, is provided for money or any form of consideration to be observed, sketched, drawn, painted, sculpted, photographed, or similarly depicted by other persons. A nude model studio shall not include:

            1.    A proprietary school licensed by the State of Ohio, or a college, junior college or university supported entirely or in part by public taxation;

            2.    A private college or university that offers educational programs in which credits are transferable to a college, junior college, or university supported entirely or partly by taxation; or

            3.    An establishment holding classes in a structure that has no sign visible from the exterior of the structure and no other advertising that indicates a semi-nude person is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one semi-nude model is on the premises at any one time.

         J.   Nude or nudity. The showing, representation, or depiction of human male or female genitals, pubic area, or buttocks with less than a full, opaque covering of every portion thereof, or female breast(s) with less than a full, opaque covering of every portion thereof below the top of the nipple, or of covered male genitals in a discernibly turgid state.

         K.   Semi-nude or semi-nudity. The showing of the female breast below a horizontal line across the top of the nipple at its highest point or the showing of the male or female buttocks. This definition shall include the entire lower portion of the cleavage of the human, female breast, but shall not include any portion of the cleavage of the human, female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other wearing apparel, provided the nipple is not exposed in whole or in part.

         L.   Sexual encounter center. A business or commercial enterprise that, as one of its principal business purposes, offers, for any form of consideration:

            1.    Physical contact in the form of wrestling or tumbling between persons of the opposite sex; or

            2.    Activities between male and female persons and/or persons of the same sex when one or more of the persons is nude or semi-nude.

         M.   Specified anatomical areas. These areas shall include:

            1.    The human, male genitals in a discernibly turgid state, even if completely and opaquely covered; or

            2.    Less than completely and opaquely covered human genitals, pubic region, or buttocks or a less than completely and opaquely covered female breast below a point immediately above the top of the nipple.

         N.   Specified sexual activities. Such activities shall include:

            1.   The fondling or other erotic touching of human genitals, pubic region, buttocks, anus, or female breasts;

            2.    Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, masturbation, or sodomy; or

            3.    Excretory functions as part of or in connection with any of the activities set forth paragraphs (b)(5A)N. 1. or 2. hereof.

               (Ord. 89-99. Passed 12-14-99.)

      (7)   AGRICULTURE: The use of land for agricultural purposes, including farming, dairying, pasturage, apiculture, horticulture, floriculture, viticulture, and animal husbandry. Agriculture does not include the feeding of garbage to animals or the operation or maintenance of a kennel, commercial stockyard, or feedyard; nor does it include any other activity which may entail a level of livestock concentration that exceeds normal field grazing.

      (8)   ALLEY: See STREET.

      (9)   APARTMENT; APARTMENT HOUSE: See DWELLING, APARTMENT.

      (10)   AUTOMOBILE REPAIR GARAGE: A building or part of a building or structure which is used for major automobile repairs, and which may, in addition, be used for the retail sale of gasoline, similar fuels, lubricants, and motor vehicle accessories.

      (11)   AUTOMOBILE REPAIR, MAJOR: Major automobile repair shall include the following: the general repair, rebuilding or reconditioning of engines, motor vehicles or major parts thereof; collision services, including body, frame, or fender straightening or repair, overall painting; and/or vehicle or engine steam cleaning and upholstering.

      (12)   AUTOMOBILE REPAIR, MINOR: Includes incidental and minor repairs such as touch-up painting, glass replacement, parts replacement, and motor service to automobiles and to trucks that do not exceed one and one-half ton capacity.

      (13)   AUTOMOBILE SALES: An open area or building that is used for the display, sale, or rental of new or used motor vehicles in operable condition.

      (14)   AUTOMOBILE-SERVICE STATION: A building or part of a building, structure, or space used for the retail sale of gasoline, similar fuels, lubricants, and motor vehicle accessories, and for minor automobile repairs.

      (15)   AUTOMOBILE WRECKING: The dismantling or disassembling of motor vehicles or trailers, or the storage, sale, or dumping of dismantled, partially dismantled, obsolete, or wrecked automobiles or their parts.

      (16)   BASEMENT: A portion of a building partly or entirely underground whose ceiling or underpart of the floor above is four feet or less above the average finished grade.

      (17)   BED AND BREAKFAST; INN: A single-family, detached dwelling licensed to provide short-term lodging for a fee and in which the owner/operator resides as his or her primary residence.

      (18)   BLOCK: A tract of land bordered on all sides by streets, or by one or more streets and a railroad right-of-way, stream, ravine, or unsubdivided acreage.

      (19)   BUILDING: Any structure having a roof supported by or suspended from columns or walls and which is completely enclosed, that is intended to be used for the shelter or enclosure of persons, animals, or property. The term "building" does not include any vehicle, trailer (with or without wheels), or any removable device, such as furniture, machinery, or equipment. (Ord. 24-97. Passed 10-14-97.)

      (20)   BUILDING HEIGHT: The vertical distance from the average finished grade to the highest point of the roof surface, regardless of roof design. (Ord. 89-99. Passed 12-14-99.)

      (21)   BUILDING LINE: A line established by the Planning and Zoning Code and measured from the property line, which defines the minimum limits of the front, side, or rear yard, or in the case of a corner lot, the side yard abutting the street.

      (22)   BUILDING, PRINCIPAL: A building occupied by the main use or activity on the lot on which said building is located.

      (23)   CAR WASH FACILITIES: A building or other structure where chain conveyors, blowers, stream cleaners, and/or other mechanical devices are employed for the purpose of washing motor vehicles on a commercial basis.

      (24)   CELLAR: See BASEMENT.

      (25)   CEMETERY: Land used or intended to be used for the burial of the human dead and dedicated for cemetery purposes, including columbariums and mausoleums, when operated in conjunction with and within the boundaries of such cemetery.

      (26)   CHILD DAY-CARE: Administering to the needs of infants, toddlers, preschool children, and school children outside of school hours by persons 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 a child's own home.

      (27)   CHILD DAY-CARE CENTER: Any place other than a child day-care home in which child day-care is provided.

      (28)   CHILD DAY-CARE HOME: A permanent residence of the provider in which child day-care is provided. A Type-A day-care home is a home where care is provided for seven to twelve children or four to twelve children if four or more of them are under two years of age. A Type-B day- care home is a home where care is provided for one to six children at one time and 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 definition, 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. The term “child day-care home” does not include a residence in which the needs of children are administered to if all such children are siblings of the same immediate family and the residence is their home.

      (29)   CHURCH; PLACE OF WORSHIP: A permanent building or structure used for religious worship and which may include on the parcel a rectory, parish house, or similar building incidental to the particular use, such as classrooms for religious instruction, but does not include business offices (except administrative offices incidental to the operation of the particular use), rescue missions, or the occasional use for religious purposes of properties not regularly so used.

      (30)   CLINIC: A building used for the care, diagnosis, and treatment of sick, ailing, infirm or injured human patients by a group of physicians or dentists practicing medicine together, but which is not used to lodge patients overnight.

      (31)   COMMON AREA: Any land area, and associated facilities, within a planned development that is jointly owned by the residents or tenants of the development.

      (32)   COMMUNITY ASSOCIATION: An incorporated, nonprofit organization operating under recorded land agreements or contracts through which each unit owner in a subdivision or planned development is a member and each dwelling unit is subject to charges for a proportionate share of the expenses of the organization's activities, such as maintaining common open space and other common areas and providing services needed for a development. A community association can take the form of a homeowners' association or condominium association.

      (33)   CONSTRUCTION BATTERY LIMITS: A line that defines the outside perimeter of an area within which construction activities are permitted to occur.

      (34)   COURT: An open, unoccupied, and unobstructed space, other than a yard, on the same lot with a building or group of buildings, which is enclosed on three or more sides.

      (35)   DENSITY: The number of dwelling units permitted per acre of land.

      (36)   DEVELOPMENT BOUNDARY: See PROJECT BOUNDARY.

      (37)   DRIVE-THRU FACILITY: 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. The term “drive-thru” shall also include “drive-up” and “drive-in” but shall not include car wash facilities and auto service station.

      (38)   DWELLING: Any building or portion thereof which is designed or used as the residence or sleeping place of one or more persons. "DWELLING" does not include a tent, cabin, recreational vehicle, or room in a hotel, motel, bed and breakfast, or inn.

      (39)   DWELLING, APARTMENT: A multi-family dwelling comprised of three or more dwelling units arranged side by side and/or one above the other, and each unit having a separate entrance or entrances connected to a common entrance.

      (40)   DWELLING, ATTACHED SINGLE-FAMILY: Single-family dwelling units which are structurally attached to one another, side by side, by common walls extending from the basement floor to the roof, and which maintain separate identities, including such elements as separate ground floor entrances, services, and garages.

      (41)   DWELLING, CLUSTER SINGLE-FAMILY: A building which is designed and used exclusively by one family and separated from all other dwelling units by air space from ground to sky, which is grouped with other dwellings on a site and which is not necessarily located on its own subdivided lot.

      (42)   DWELLING, MULTI-FAMILY: A building which is designed for, or used exclusively for, residence purposes by three or more families or dwelling units, living independently of each other, where the units are separated by party walls with varying arrangements of entrances, and which does not meet the definition of attached single-family dwelling units.

      (43)   DWELLING, SINGLE-FAMILY: A building designed for, or used exclusively for, residence purposes by one family.

      (44)   DWELLING, TWO-FAMILY: A building consisting of two dwelling units, designed for, or used exclusively for, residence purposes by two families. The dwelling units may be arranged either side by side or one above the other.

      (45)   DWELLING UNIT: A group of rooms arranged, maintained, or designed to be occupied by one family and consisting of a complete bathroom with toilet, lavatory, and tub or shower facilities; one and one only complete kitchen or kitchenette with approved cooking, refrigeration, and sink facilities; and approved living and sleeping facilities. All of these facilities shall be in contiguous rooms and used exclusively by such family.

      (46)   ENCLOSED: To be completely surrounded on all sides. See also BUILDING.

      (47)   FAMILY: One individual; two or more individuals related by blood, adoption, or marriage plus no more than two unrelated individuals; or not more than four unrelated individuals, occupying a dwelling unit and living as a single housekeeping unit, but not including groups occupying a hotel or motel as herein defined.

      (48)   FLEET VEHICLES: Trucks, vans, and other vehicles, including motorized equipment, which are used as part of the operation of a principal use, but not including privately owned customer or employee vehicles.

      (49)   FLOOR AREA, DWELLING UNIT: The total number of square feet of all floor space contained within the outside surface of the exterior walls of a dwelling unit, excluding cellars, open porches, breeze ways, garages, terraces, patios, and, in basement less structures, utility and storage rooms. In multi-family dwellings, public halls and general storage rooms shall be excluded.

      (50)   FLOOR AREA, GROSS: The total number of square feet of all floor space contained within the outside surface of the exterior walls of a building or from the center line of a common wall separating two buildings, but not including space in cellars or basements, space in machinery penthouses, or floor space used for accessory off-street parking. However, if the cellar or basement is used for business or commercial purposes, it shall be counted as floor area in computing off-street parking requirements.

      (51)   FLOOR AREA RATIO: The total gross floor area of all stories of all buildings within a project, divided by the total land area.

      (52)   FRONTAGE: That portion of the boundary of a lot which abuts an existing or dedicated public street right-of-way or easement.

      (53)   GARAGE, PRIVATE: A detached or semidetached accessory building, or a portion of the principal building, which is used or intended to be used for the storage of motor vehicles and other normal household accessories of the residents of the principal building with no facilities for mechanical service or repair of a commercial or public nature.

      (54)   GRADE, FINISHED: The surface elevation of the ground adjacent to the exterior walls of the building after all improvement work, including final grading, has been completed.

      (55)   GRADE, NATURAL: The elevation of the natural surface of the ground prior to any excavation or fill.

      (56)   GRADE, STREET: The elevation approved by the Engineer at the centerline of a right-of-way.

      (57)   HANDICAPPED: Having a physical or mental impairment, as defined in 42 U.S.C.3602 (h), that substantially limits one or more of a person's major life activities so that such person is incapable of living independently. However, “handicapped” shall not include current illegal use of or addiction to a controlled substance, nor shall it include any person whose residency in the home would constitute a direct threat to the health and safety of other individuals.

         (Ord. 24-97. Passed 10-14-97.)

      (58)   HOME FOR HANDICAPPED PERSONS, FAMILY: A residential facility that provides room and board, personal care, rehabilitative or habilitative services, and supervision in a family setting for five to eight handicapped persons. (See HANDICAPPED.) The term “family home for handicapped persons” does not include “halfway house” or terms designating other housing facilities serving as an alternative to incarceration, “nursing home”, “rest home”, “boarding house”, “rooming house”, “lodging house”, “residential treatment home/center”, “special care home”, or any other terms designating buildings with similar uses. One to four persons, including resident staff, living in such a residential facility, constitute a family for the purposes of this Zoning Code (see FAMILY), and are not subject to the conditional use regulations for family homes.

         (Ord. 89-99. Passed 12-14-99.)

      (59)   HOME FOR HANDICAPPED PERSONS, GROUP: A residential facility that provides room and board, personal care, rehabilitative and habilitative services, and supervision in a family setting for at least nine handicapped persons. (See HANDICAPPED.) The term “group home for handicapped persons” does not include “halfway house” or other housing facilities serving as an alternative to incarceration, “nursing home”, “rest home”, “boarding house”, “rooming house”, “lodging house”, “residential treatment home/center”, “special care home”, or any other such similar building or use of a building.

      (60)   HOME OCCUPATION: An occupation for gain which is subordinate to the use of the premises as a dwelling, carried on by a person in the home in which he or she resides.

      (61)   HOMEOWNERS' ASSOCIATION: See COMMUNITY ASSOCIATION.

      (62)   HOTEL; MOTEL: A commercial building in which lodging is provided and offered to the public for compensation on a daily rate and which is open to occupancy for periods of less than one week and not occupied by the owner or operator in contrast to an inn or bed and breakfast as defined in this section.

      (63)   IMPROVEMENT PLAN: See PLAN, IMPROVEMENT.

      (64)   INOPERABLE MOTOR VEHICLE: Any motor vehicle, licensed or unlicensed, without regard to its age or value, and which is apparently inoperable, or is in such condition that it could not be legally operated on the public streets, or is in an extensively damaged, dilapidated, or disassembled condition.

      (65)   INSTITUTION: Any establishment of a public or charitable character, or foundation, including, but not limited to, churches, colleges, hospitals, and schools, or similar uses as approved by the Planning Commission.

      (66)   JUNK OR WRECKING YARD: Any building, open area, or part thereof, used as a place to store, dump, sell, exchange, disassemble, or otherwise handle partly dismantled, obsolete, or wrecked vehicles or their parts, second hand building materials, waste, debris, or other salvaged material which, unaltered or unchanged and without further reconditioning, cannot be used for its original purpose as readily as when new. It does not include pawn shops, antique shops, and places for the sale, purchase, or storage of used furniture, household equipment, used cars in operable condition, or salvaged materials incidental to manufacturing operations.

      (67)   LANDSCAPED AREAS OR LANDSCAPING: The areas that include existing and introduced natural elements (trees, shrubs, grasses, flowers, etc.) plus built elements (trellises, walks, fountains, ponds, statuary and outdoor seating, walls and fences, lighting, etc.) designed to create a setting for new or existing structures and buildings.

      (68)   LOADING SPACE, OFF-STREET: An off-street space, having access to a street, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials.

      (69)   LOT: For the purpose of this Planning and Zoning Code, a lot is a parcel of land of sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such yards and other open spaces as are herein required. The term “zoning lot” is used synonymously with “lot” in this Planning and Zoning Code. Such may consist of:

         A.   A single lot of record;

         B.   A portion of a lot of record;

         C.   A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.

      (70)   LOT AREA: The area contained within the lot lines exclusive of any portion of the right-of-way of any public street.

      (71)   LOT COMBINATION: The joining of two or more lots into one lot or parcel. (See Section 1224.02(a)(2))

      (72)   LOT, DEPTH: The average horizontal distance of a lot measured between the front and rear lot lines.

      (73)   LOT LINE: The boundary line defining the limits of the lot. Lot line is synonymous with “property line.”

         A.   Front lot line. The line separating an interior lot from the street right of way on which the lot fronts; or, on a corner lot, the shorter of the two lot lines abutting streets, except that when the lot lines abutting streets are of equal lengths, the front lot line shall be the lot line abutting the street having the longest frontage within the same block.

         B.   Rear lot line. The lot line which most closely parallels the front lot line; or in the case of triangular or otherwise irregularly shaped lots, a line ten feet in length entirely within the lot, parallel to and at the maximum distance from the front lot line.

         C.   Side lot line. A lot line which is neither a front or a rear lot line.

      (74)   LOT OF RECORD; PARCEL: Land designated as a separate parcel on a plat, map, or deed, or by metes and bounds, in the records of the County.

      (75)   LOT REALIGNMENT: An alteration of the boundaries between or among existing lots which does not result in an increase in the number of lots. (See Section 1224.02(a)(3).)

      (76)   LOT TYPES: Terminology used in this Planning and Zoning Code with reference to corner lots, interior lots, and through lots is as follows:

         A.   Corner lot. A lot abutting two streets at their intersection where the angle of such intersection is not more than 135 degrees.

         B.   Interior lot. A lot with only one frontage on a street.

         C.   Double frontage lot. A lot other than a corner lot, having frontage on two parallel or approximately parallel streets. Double frontage lots may be referred to as “through lots.”

 

 

(Ord. 24-97. Passed 10-14-97.)

      (77)   LOT WIDTH: The horizontal distance between the side lot lines measured along a straight line parallel to the front lot line at the required front setback line. However, if the side lot lines are parallel to each other, but not perpendicular to the front lot line, the lot width shall be measured along a straight line perpendicular to the side lot lines. If the side lot lines are not parallel to each other and one or both are not perpendicular to the front lot line, the lot width shall be measured along a straight line that is perpendicular to one of the side lot lines and intersects the opposite side lot line at the point where such opposite side lot line intersects with the setback line. (See Figure 3A below.)

 

 

         (Ord. 89-99. Passed 12-14-99.)

      (78)   MINOR SUBDIVISION: See SUBDIVISION.

      (79)   MOBILE HOME: A vehicle or movable structure mounted on wheels, designed and equipped to provide living and sleeping facilities for one or more persons, and able to be drawn by its own or other motive power. Synonymous with "house trailer."

      (80)   MOBILE HOME PARK: A lot, or part thereof, or a tract of land which is used or offered as a location for two or more mobile homes. Synonymous with "trailer camp."

      (81)   MOTEL: See HOTEL.

      (82)   NONCONFORMING BUILDING: A building lawfully existing on the effective date of this Planning and Zoning Code or any amendment thereto, which, on such effective date, does not conform to the area or height regulations pertaining to buildings or yard regulations of the district in which it is located.

      (83)   NONCONFORMING LOT: A lot lawfully existing on the effective date of this Planning and Zoning Code, or any amendment thereto, which, on such effective date, does not conform to the lot area, width, or frontage requirements of the district in which it is located.

      (84)   NONCONFORMING SITE CONDITION: Any structure lawfully existing on the effective date of this Planning and Zoning Code, or any amendment thereto, which, on such effective date, does not conform to the yard regulations, parking requirements, sign regulations, landscaping or screening requirements, or other development standards of the district in which it is situated.

      (85)   NONCONFORMING USE: Any building or land lawfully occupied by a use on the effective date of this Planning and Zoning Code, or any amendment thereto, which, on such effective date, does not conform with the use regulations or the performance standards of the district in which it is situated.

         (Ord. 24-97. Passed 10-14-97.)

      (86)   NURSING CARE FACILITY: An extended or intermediate care facility which provides skilled nursing, dietary care and personal care services for persons who are ill or incapacitated or which provides service for the rehabilitation of persons who are convalescing from illness or incapacitation, excluding facilities for persons suffering from acute or chronic alcoholism, or other drug dependency, or persons who are mentally incapacitated from causes other than simple senility or who regularly require restraint.

         (Ord. 89-99. Passed 12-14-99.)

      (87)   OPEN SPACE: Any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment.

         A.   Common open space. Land area within a planned development that is of sufficient size to meet the minimum zoning requirements, and that is held in private ownership.

         B.   Public open space. Land that has been dedicated and/or purchased by the City of Olmsted Falls, or the County, State, or Federal government for use as a park, recreation area, or natural area.

      (88)   OUTDOOR DISPLAY: An outside area devoted to the viewing from the street a representative sample of retail goods and merchandise for sale, rent, or lease from the premises.

      (89)   OUTDOOR STORAGE: The keeping in an area outside of a building of any goods, material, merchandise, vehicles, or junk in the same place for more than twenty-four hours.

      (90)   PARCEL: See LOT OF RECORD.

      (91)   PARKING LOT: An area which is not in any street right-of-way and not within a building, where vehicles, together with the necessary aisles and access drives, may be stored for the purposes of temporary, daily, or overnight parking. The term "parking lot" shall be the same as "parking area".

      (92)   PARKING SPACE, OFF-STREET: An open or enclosed area adequate for parking an automobile with room for opening doors on both sides, with access to a public street. Arrangement of the parking space shall be such as to allow ingress and egress of an automobile without the necessity of moving any other automobile, and shall be located totally outside of any public right-of-way.

      (93)   PERFORMANCE STANDARDS: Standards for the measurement of effects or by-products of various physical processes, as established in this Planning and Zoning Code.

      (94)   PLAN: Any map, drawing, chart, or report which describes an activity or work to be done.

         A.   Comprehensive Plan. The duly adopted Plan showing the location and extent of existing and future land development, park and recreation facilities, community facilities, major thoroughfares, and public utilities within the City.

         B.   Conceptual plan, overall. An initial plan required for a PRD or MUPD development, containing all elements noted in Section 1232.05(a).

         C.   Development Plan. Drawing(s) and map(s) illustrating the proposed design, layout, and other features for the development or alteration of one or more lots and including all the elements set forth in Section 1232.06(c).

         D.   Improvement Plan. A plan prepared by a professional engineer showing all improvements required by this Planning and Zoning Code.

         E.   Master Plan. The final overall conceptual plan approved by the Planning Commission in accordance with Section 1224.04(a) and Section 1232.05(c).

         F.   Sketch Plan. A sketch of the proposed layout of streets, lots, and other features of a particular development or subdivision, in relation to existing conditions, including topography, prepared by the developer and submitted to the Planning Commission for the purpose of obtaining the Commission's advice and assistance before the preparation of the preliminary plat.

      (95)   PLANNED DEVELOPMENT: An area of land to be planned and developed as a single entity, in which a variety of housing types, office, and/or commercial uses are accommodated under more flexible standards, such as lot size and setbacks, than those that would normally apply under district regulations.

      (96)   PLANNED RESIDENTIAL DEVELOPMENT: An area of land to be planned and developed as a single entity, in which a variety of housing units are accommodated under more flexible standards, such as lot size and setbacks, than those that would normally apply under single-family district regulations, allowing for the clustering of houses to preserve common open space.

      (97)   PLAT: A 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.

         A.   Preliminary plat. A drawing of a subdivision prepared by a professional engineer or surveyor showing the lines of each element by accurate distances and bearings, based on available record data, which may include explanatory exhibits and text, which, if approved by the Planning Commission, provides the basis for proceeding with the preparation of a final plat and improvement plans of the subdivision.

         B.   Final plat. A final drawing of a subdivision prepared by a professional engineer or surveyor, showing the lines of each element by accurate distances and bearings, based upon the approved preliminary plat of the subdivision, which is presented to the Planning Commission for final approval and, thereafter, to the County Recorder for recording.

      (98)   PRINCIPAL BUILDING: See USE, PRINCIPAL.

         (Ord. 24-97. Passed 10-14-97.)

      (99)   PRODUCE STAND: A structure which is used to display and sell fresh raw fruits and vegetables for human consumption.

         (Ord. 14-2010. Passed 4-13-10.)

      (100)   PROJECT BOUNDARY: The boundary defining the tract(s) of land which are included in a development project to meet the minimum required project area for a planned development. The term "project boundary" shall also mean "development boundary".

      (101)   PUBLIC: Anything owned or controlled by a public or governmental agency, either Federal, State, County, or City, including a corporation created by law to perform certain specialized governmental functions. Examples are federal, state, county, and city offices, schools, city-owned parks, safety forces buildings, and post offices. (Also see semi-public).

      (102)   PUBLIC IMPROVEMENT: Any roadway, sidewalk, pedestrian way, tree lawn, lot improvement, or other facility for which the local government may ultimately assume the responsibility for maintenance and operation, or which may effect an improvement for which responsibility by the City is established.

      (103)   PUBLIC UTILITY: Any entity certified by the Public Utility Commission of Ohio as a public utility, including electrical and gas transmission facilities, telephone and cable television equipment, unit wastewater treatment plants, and other utility installations.

      (104)   RAW MATERIAL: Any material, whether gas, liquid or solid, which is in its natural condition as found in the environment and has not been substantially refined, processed, or treated, and is intended to be used as feedstock in a manufacturing or processing operation.

      (105)   RECREATIONAL VEHICLE: A portable structure built on a chassis or designed to be mounted on or drawn by a motor vehicle, and intended to be used for temporary occupancy for travel, or for recreational or vacation use.

      (106)   REDEVELOPMENT: The demolition or major structural renovation of existing structures or the clearance and reuse of a parcel of land.

      (107)   RETAIL ESTABLISHMENT: An establishment engaged in the selling of goods or merchandise to the general public for personal or household consumption, which is open to the general public during regular business hours and which has display areas that are designed and laid out to attract the general public. In determining a use to be a retail use, the Planning Commission may consider the proportion of display area versus storage area and the proportion of the building facade devoted to display windows.

      (108)   RIGHT-OF-WAY: A strip of land taken, dedicated, or otherwise recorded as an irrevocable right-of-passage for use as a public way. In addition to the roadway, it normally incorporates the curbs, tree lawns, sidewalks, water and sewer lines, lighting, and drainage facilities, and may include special features (required by the topography or treatment) such as grade separation, landscaped areas, viaducts, and bridges.

      (109)   RIGHT-OF-WAY LINE: The line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. "Right-of-way line" also means “street line”.

      (110)   SCREEN: A method of reducing the impact of noise and unsightly visual intrusions with less offensive or more harmonious elements such as plants, berms, fences, walls, or any appropriate combination thereof. (Ord. 24-97. Passed 10-14-97.)

      (111)   SELF-STORAGE FACILITY, MINI: A building separated into individual covered storage areas, not exceeding 500 square feet each, which is available for rent or lease for the storage of non-hazardous articles, materials and/or goods.

      (112)   SEMI-PUBLIC: Property open to or serving the public, under conditions set forth by the owners and/or official board of trustees or directors. Examples are churches, temples, and other religious institutions; museums; historical sites; hospitals.

       (113)   SENIOR RESIDENTIAL FACILITY: A residential facility to provide for the needs of individuals who are elderly or handicapped. The facility shall consist of residential dwelling units or rooms designed specifically for the elderly or handicapped and shall have common social, recreational, dining, and/or food preparation facilities available. The facility may provide a range of personal and medical support services, but shall not offer skilled nursing care.

         (Ord. 89-99. Passed 12-14-99.)

       (114)   SETBACK: The required minimum horizontal distance between a lot line and a structure as established by this Code.

          (Ord. 24-97. Passed 10-14-97.)

      (115)   SETBACK LINE (See also YARD, REQUIRED): A line established by this Planning and Zoning Code parallel with and measured from the front lot line, defining the limits of the required yard in which no building, or structure may be located above ground, except as may be provided in this Planning and Zoning Code. The term "setback line" shall also include “required setback line.”

         (Ord. 89-99. Passed 12-14-99.)

      (116)   SIGN: Any identification, description, illustration, or device exposed to public view which is affixed to or integrated into a building, structure, or land, or otherwise situated on a lot and which is intended to direct or attract attention to, or announce or promote a product, place, activity, person, institution, or business by means of letters, words, designs, colors, symbols, flags, banners, fixtures, images, or illuminations.

      (117)   SIMILAR USE: A use not specifically listed in any of the schedules of permitted uses of any district, but which may be found similar and added to the schedule of permitted uses for a particular district.

      (118)   STORAGE, BULK: Any unpackaged material or product, which is placed in a manner that permits such material to pile or flow loosely on the ground, and is not in a finite container or package that can be moved from one place to another.

      (119)   STORY: That portion of a building included between the above surface of any floor and the above surface of the floor next above it, or if there be no floor above it, then the space between the floor and the ceiling next above it and including those basements used for the principal use.

      (120)   STORY, HALF: A space under a sloping roof which has the line of intersection of the roof and wall face not more than three feet above the floor level, and in which space the possible floor area with head room of five feet or less occupies at least forty percent of the total floor area of the story directly beneath.

      (121)   STREET: An avenue, highway, road, thoroughfare, boulevard, parkway, alley, or other way proposed for vehicular traffic, and any existing State, County, or City street or way shown upon a plat heretofore duly approved, filed and recorded in the office of the County Recorder. Included is the land between the street right-of-way lines, whether improved or unimproved, and may comprise pavement, shoulder, gutters, sidewalks, division strips, or other areas within the street lines. Streets shall be classified as follows:

         A.   Alley. A street providing service access to the rear or side of properties abutting also on other streets.

         B.   Arterial; highway. A street which is primarily for moving fast or heavy traffic between large or intensely developed areas.

         C.   Collector or secondary street. A street supplementary to and connecting arterial streets to local streets.

         D.   Cul-de-sac. A local street with one end connected to another street and the other permanently terminated to allow for the turning of vehicles.

         E.   Local street. A street primarily for access to abutting properties and to serve local needs.

         F.   Marginal access street. A strip of public land devoted to movement of traffic, not providing access to the abutting properties.

         G.   Pedestrian way. Land dedicated, reserved by deed, or granted by easement for pedestrian circulation.

         H.   Sidewalk. That portion of the right-of-way which is paved for pedestrian circulation.

         I.   Tree lawn. The portion of a street right-of-way between the edge of the pavement or curb of the roadway and the public sidewalk or property line.

      (122)   STRUCTURE: Anything constructed, the use of which requires a permanent location on the ground or an attachment to something having a permanent location on the ground.

      (123)   SUBDIVISION: A division of any parcel of land (shown as a unit or as contiguous units in the current records of the County Recorder) into two or more lots, parcels, sites, or other divisions of land, any one of which is five acres or less, for the purpose, whether immediate or future, of transfer of ownership. “Subdivision” also includes the improvement of one or more parcels of land for residential or non-residential purposes, involving the division or allocation of land for the opening, widening or extension of any street, for open space, or for easements for the extension and maintenance of sewers, drainage, water supply, or other public facilities.

         A.   Major subdivision. A subdivision which is not a minor subdivision.

         B.   Minor subdivision. The subdivision of a parcel which abuts an existing public street, does not involve the opening, widening, or extension of any street, and does not include more than five lots after the original parcel has been completely subdivided.

      (124)   SWIMMING POOL: An outdoor permanent structure used for recreational swimming or bathing having more than 100 square feet of water surface, which is capable of containing in excess of two feet of water at its deepest point.

      (125)   TRAILER: A vehicle with wheels constructed in such a manner as to permit the conduct of a business, trade or occupation, or use as a selling or advertising device, or use for storage or shipping of goods, equipment or machinery, or for storage or transportation of boats or other recreational vehicles or equipment, and so designed that it may be used as a conveyance on streets and highways drawn or towed by power other than a muscular power. For purposes of this Planning and Zoning Code, a trailer shall be considered a motor vehicle and shall be required to be operative and have a current license plate.

      (126)   TRUCK TERMINAL: Any building or land used by a motor freight company, which is the origin or destination point of goods being transported, for the purpose of storing, transferring, loading, or unloading goods.

      (127)   USE, ACCESSORY: A use, building, or structure subordinate to the principal use or building, which is on the same lot and serves a purpose customarily incidental and subordinate to the principal use.

      (128)   USE, CONDITIONAL: A use permitted in a district, other than a principal use permitted by right, which is allowed only under certain conditions as set forth in Chapter 1264, and which requires a conditional use certificate and approval of the City Planning Commission, in accordance with the standards and procedures of Section 1232.05.

      (129)   USE, PRINCIPAL: The main purpose of, or activity in, a building, structure, or land.

      (130)   VARIANCE: A modification of the literal provisions of this Planning and Zoning Code where such modification will not be contrary to the public interest.

      (131)   WAREHOUSE: Any building or other structure used for the storage of goods or materials.

      (132)   YARD: An open space, other than a court, which is on the same lot with a principal building that lies between the principal building and the nearest lot line, unoccupied and unobstructed by any portion of the structure from the ground upward, except for accessory uses, structures, or buildings as expressly permitted in this Planning and Zoning Code.

 

 

      (133)   YARD, FRONT: A yard extending across the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and a line parallel thereto on the lot, as required in the district where such yard is located.

      (134)   YARD, REAR: A yard extending across the full width of the lot, between the principal building and the rear lot line. On a corner lot, the rear yard shall be the area between the rear lot line and the principal building, extending from the side lot line abutting an interior lot to the corner side yard.

      (135)   YARD, REQUIRED: The open space between a lot line and a setback line for a building, parking area, outdoor storage area, or other use that is the minimum area required to comply with the regulations of the district in which the lot is located, and within which no structure shall be located except as expressly permitted in this Planning and Zoning Code.

 

 

      (136)   YARD, SIDE: A yard between the nearest wall of the principal building and the side lot line and extending from the front yard to the rear yard. On a corner lot, the yard between the principal building and the side lot line adjacent to the street and extending from the front yard to the rear lot line.

      (137)   ZONING LOT: See LOT.

         (Ord. 24-97. Passed 10-14-97; Ord. 75-2005. Passed 10-11-05; Ord. 14-2010. Passed 4-13-10.)

   This chapter sets forth the powers and duties of the Zoning Administrator, the Planning and Zoning Commission, the Architectural Board of Review, and Council with respect to the administration of the provisions of this Planning and Zoning Code.

(Ord. 24-97. Passed 10-14-97; Ord. 62-2019. Passed 9-10-19.)

   (a)   Appointment. The Mayor shall appoint a Zoning Administrator with the approval of Council for the purpose of effecting this proper administration of this Planning and Zoning Code. The Zoning Administrator shall report to the Service Director.

   (b)   Powers and Duties. For the purpose of this Code, the Zoning Administrator shall have the following powers and duties:

      (1)   To enforce the provisions of this Code in accordance with the administrative procedures specified in this Code.

      (2)   To issue certificates of zoning compliance as provided by this Code and keep a record of same with a notation of any special conditions involved.

      (3)   To issue conditional use permits when authorized by the Planning and Zoning Commission.

      (4)   To accept and review for completeness all applications which the Zoning Administrator is authorized to review by the provisions of this Code. The Zoning Administrator shall promptly review each application submitted to determine compliance with applicable district regulations and submission requirements. If the application is deemed insufficient, the Zoning Administrator shall promptly notify the applicant of necessary changes. If the application is deemed sufficient and the application fee has been paid, the Zoning Administrator shall accept the application on that date for consideration of the action(s) requested.

      (5)   To respond to questions concerning the regulations and procedures set forth in this Code and to refer all questions of interpretation to the Planning and Zoning Commission as set forth in Section 1202.04(c).

      (6)   To maintain in current status the Official Zoning Districts Map which shall be kept on permanent display in the City.

      (7)   To maintain permanent and current records required by this Code, including, but not limited to, zoning approval, inspection documents, and records of all variances, amendments, conditional uses, and similar uses.

      (8)   To make such records available for the use of City Council, the Planning and Zoning Commission, the Architectural Board of Review, and the public.

      (9)   To conduct inspections of buildings and uses of land to determine compliance with this Code and, in the case of any violation, to stop work, and to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.

      (10)   To determine the existence of any violations of this Code and cause such notifications, revocation notices, stop work orders, or tickets to be issued, or initiate such other administrative or legal action as needed, to address such violations.

      (11)   To take any other action that is authorized by this Code to ensure compliance with, or to prevent violation of, this Code.

(Ord. 24-97. Passed 10-14-97; Ord. 62-2019. Passed 9-10-19.)

   (a)   Organization. The composition and appointment of the Planning and Zoning Commission shall be in compliance with and as provided in Section 10.06 of the City Charter.

   (b)   Powers and Duties. For the purpose of this Planning and Zoning Code, the City Planning and Zoning Commission shall have the following responsibilities that are in addition to all other powers and duties granted to the Commission by Section 10.06 of the City Charter:

      (1)   To interpret the meaning and intent of this Code as stated in Section 1202.04.

      (2)   To review and act on all plans and plats for the subdivision of land according to the procedures set forth in Chapter 1224.

      (3)   To review requests for waiver of improvement requirements for a minor subdivision as set forth in Section 1224.02(f)(3) of the Subdivision Regulations.

      (4)   To review and approve or disapprove all new and modified development plans for non-single-family developments as required by this Code.

      (5)   To review and approve or disapprove applications for conditional use certificates for a particular zoning lot according to provisions and criteria stated in Section 1232.05.

      (6)   To make a determination that a proposed use that is not listed or provided for in this Code is substantially similar to and of the same general character as the uses that are listed as permitted in a particular district according to the procedures set forth in Section 1232.08.

      (7)   To review all proposed amendments to the Planning and Zoning Code and Zoning Districts Map and to submit to Council its recommendations with respect to such proposed amendments according to the provisions and criteria set forth in Chapter 1212.

      (8)   To review and approve or disapprove the substitution of one nonconforming use for another nonconforming use.

      (9)   To interpret district boundaries as stated in Section 1234.08.

      (10)   To investigate and to propose, on its own initiative, such amendments to this Code as it may deem consistent with the purposes of this Code and which further the public health, safety, and general welfare of the City.

      (11)   To adopt rules and bylaws for the holding of regular and special meetings, for the transaction and disposition of its business, and for the exercise of its powers.

      (12)   To hear and decide appeals. The Planning and Zoning Commission shall hear and determine all appeals from any decision or action made by the Zoning Administrator, or by any administrative officer on matters relating to this Code, for relief from any order, requirement, decision, or determination, including the refusal, granting, or revocation of permits, and then to decide appeals by either reversing, affirming wholly or in part or modifying such order, requirement, decision, or determination subject to the provisions of Section 1232.06.

      (13)   To authorize variances from the terms of this Code. When results inconsistent with the general purpose of this Code result through the strict and literal interpretation and enforcement of the provisions hereof, the Planning and Zoning Commission shall have authority subject to the provisions of Section 1232.07 to grant, upon such conditions as it may determine, such variances from the provisions of this Code as may be in harmony with its general purpose and intent, so that the spirit of this Code shall be observed, public safety and welfare secured, and substantial justice done.

      (14)   To review and approve or disapprove the restoration, reconstruction, or extension of noncomforming buildings and structures; and the improvement of a vacant nonconforming lot with a building other than a single-family dwelling.

(Ord. 24-97. Passed 10-14-97; Ord. 62-2019. Passed 9-10-19.)

   (a)   Organization. The composition and appointment of the Architectural Board of Review shall be in compliance with Section 1444.01 of these Codified Ordinances.

   (b)   Powers and Duties. For the purposes of this Planning and Zoning Code, the Architectural Board of Review shall have the powers and duties as defined in Chapter 1444 of the Codified Ordinances, including but not limited to the following:

      (1)   To review plats required under Section 1224.05 for major residential subdivisions according to the provisions and criteria stated in this Planning and Zoning Code and make a recommendation to the Planning Commission.

      (2)   To review all development plans and architectural renderings for buildings in such developments required pursuant to Section 1232.06, according to the provisions and criteria stated in this Code and make a recommendation to the Planning Commission.

      (3)   To review an application for a conditional use proposed for a particular zoning lot according to the provisions and criteria stated in this Code and make a recommendation to the Planning Commission.

      (4)   To review landscape plans and screening plans for all development plans and to make recommendations to Planning Commission. The focus of the ABR is overall aesthetics, including the effective utilization of special elements such as walls, fencing, and trellises in the landscaping, and the choice of plant species to meet the requirements of this Code, with special attention to the common areas (See also 1232.06(f)(2)). ABR has final authority in regard to Landscape and Screening Plans for development plans of proposals within historic districts as authorized either by this Planning and Zoning Code or Chapter 1444 of these Codified Ordinances. [See also 1232.06(f)(2).] (Ord. 75-2008. Passed 1-27-09.)

   (EDITOR’S NOTE: Section 1206.05 was repealed by Ordinance 62-2019, passed September 10, 2019.)

   For the purpose of this Planning and Zoning Code, the City Council shall have the following powers and duties:

   (a)   To accept or reject the dedication of public land shown on a final plat.

   (b)   To hear and decide appeals of decisions made by the Board of Zoning Appeals and the Architectural Board of Review.

   (c)   To initiate or act upon proposed amendments to this Code or the Zoning Map. Final action upon a proposed subdivision or zoning amendment shall be taken at or after a public hearing.

      (Ord. 24-97. Passed 10-14-97.)

   (a)   Authority to Establish; Availability; Amendments. Council shall by ordinance establish a schedule of fees for minor subdivisions, major subdivisions, certificates of zoning compliance, development plan review, conditional use permits, appeals, variances, amendments, and other procedures and services pertaining to the administration and enforcement of this Planning and Zoning Code after considering the recommendations of the Zoning Administrator with respect to actual administrative costs, both direct and indirect. The schedule of fees shall be available at City Hall, and may be altered or amended only by Council. Until all such appropriate fees, charges, and expenses have been paid in full, no action shall be taken on any application, appeal, or administrative procedure.

(Ord. 24-97. Passed 10-14-97.)

   (b)   Filing Fees and Deposits. Upon application to the Planning Commission, or the Board of Zoning Appeals requesting action on any of the following matters, a filing fee and/or deposit shall be paid by the applicant in compliance with Chapter 1452.

      (1)   Informal hearing.

      (2)   Minor Subdivision.

      (3)   Major Subdivision.

      (4)   Conditional use certification.

      (5)   Zoning Code amendment.

      (6)   Zoning Variance.

      (7)   Any other required review.

   (c)   Review Deposits. Prior to making application for approval of a preliminary or final plat, improvement plans, or a variance, the developer shall make the required deposit (see Section 1452.01(A)) with the Zoning Administrator to cover costs incurred by the Engineer, the Law Director, the Planning Consultant, and other required personnel or consultants, in reviewing such plats or plans. After placing the deposit in a fund in the name of the developer, the Zoning Administrator shall notify the Planning Commission, in writing, or such action. If, during such review, the balance of the fund is reduced to less than the required minimum, the Zoning Administrator shall notify the developer in writing to provide additional funds to return the balance to the required amount. If such funds are not provided within seven working days thereafter, the Zoning Administrator shall notify the Law Director, who shall initiate proceedings to dismiss the application.

   (d)   Inspection Deposits. Prior to beginning any approved improvement, the developer shall deposit with the Zoning Administrator a sum to cover expenses incurred by the City for inspection of such improvement (see Section 1452.01(D)). After placing the deposit in a fund in the name of the developer, the Zoning Administrator shall notify the Engineer in writing. If, during the inspection of the improvements, the balance of the fund is reduced to less than the required minimum, the Zoning Administrator shall notify the developer, in writing, to provide additional funds to return the balance to the sum originally deposited. If such funds are not provided within seven working days thereafter, the Zoning Administrator shall notify the Law Director, who shall initiate proceedings to stop work on the improvements.

   (e)   Insurance. The developer agrees to hold the City harmless from any and all claims of any type, nature, and description whatsoever, arising from the provision of improvements or other activities covered by the Subdivision Regulations. In addition, the developer shall defend and pay the costs and any judgement resulting from such claims upon reasonable notification of the pendency of the claim by the City or by any party. The developer shall not be responsible for claims arising from the sole negligence of an employee of the City.

   (f)   Certificate of Insurance. The developer shall furnish the Law Director with a certificate of insurance, or at the option of the Director, a certified copy of the insurance policy, as proof that the developer and his or her subcontractors are covered by general liability coverage, in the required amounts, as stated in Section 1452.01(F). Such policy shall contain no unusual exclusions, shall name the City as an additional insured, and shall not be cancelable as to the City on less than thirty days written notice in advance of such cancellation.

   (g)   Return of Deposit Balance. Deposit balance shall be refunded per Section 1452.05.

   (h)   Construction in Existing Rights of Way. During the improvement stage, if any work is to be done in an existing right of way, see Section 1020.01 of these Codified Ordinances for permits, fees and deposits required therefore.

   (i)   Construction Permit Fees. For actual construction permit fees, see Section 1448.03.

(Ord. 75-2005. Passed 10-11-05.)

   The provisions of this Planning and Zoning Code shall be enforced by the Zoning Administrator. (Ord. 24-97. Passed 10-14-97.)

   Certificates of zoning compliance issued by the Zoning Administrator on the basis of approved plans and applications authorize only the use and arrangement set forth in such approved plans and applications, or amendments thereto. Use, arrangement, or construction contrary to that authorized shall be deemed a punishable violation of this Planning and Zoning Code.

(Ord. 24-97. Passed 10-14-97.)

   The following procedures shall be adhered to, or actions accomplished, if violations of this Planning and Zoning Code occur:

   (a)   Action of Zoning Administrator. If the Zoning Administrator finds that any provision of this Planning and Zoning Code is being violated, the Zoning Administrator shall notify, in writing, the person responsible for such violation, indicating the nature of such violation and ordering the action necessary to provide compliance with this Planning and Zoning Code.

      (Ord. 24-97. Passed 10-14-97.)

   (b)   Violator to Comply. Any person so notified of a violation of this Planning and Zoning Code or of work performed contrary to approvals by any City Commission or Board shall immediately initiate necessary action to bring such violation into compliance with this Planning and Zoning Code and shall be in full compliance by the compliance date stated in the Zoning Administrator’s notification of violation. In addition to pursuing criminal citations under Section 1210.99 hereof, if such violation is not brought into conformity within the time provided in this subsection, the Zoning Administrator may inform Council of the violation and request appropriate civil action, as provided in subsection (c) hereof.

   (c)   Action of Council and Law Director. If land is improved, or a building or other structure is, or is intended to be, erected, constructed, reconstructed, altered, or converted, or if a building, structure, or property is, or is intended to be, used in violation of or contrary to the provisions of this Planning and Zoning Code, then Council shall promptly, upon notice of a violation of this Planning and Zoning Code, take such appropriate action so as to prevent or enjoin improvement, construction, reconstruction, alteration, conversion, maintenance, habitation, or use. Such civil court action may also be instituted by the owner of any contiguous or neighboring property, as provided in Ohio R.C. 713.13.

   (c)   Criticalroot zone (CRZ): This is the circular area surrounding a tree in which the tree's roots critical to its survival usually will be found, and which should be protected. The radius of the CRZ in feet is, typically, 1.5 times the DBH in inches. For example, if a tree's DBH is 10 inches then the CRZ is 1.5 times 10, resulting in a CRZ radius of 15 feet. This formula is particularly useful in dealing with trees that have been growing in a forest or that naturally have a narrow growth habit. Recognizing that the root zone varies with tree variety, the actual radius for the critical root zones shall be approved by the City Arborist.

      (Ord. 73-2018. Passed 1-8-19.)