(Ord. 16-19. Passed 9-16-19.)

   The following words and phrases when used in this UDC shall have the following meanings respectively ascribed to them unless otherwise stated in this Code:

   (1)   Administrator - The City of Painesville Community Development Director or the authorized representative thereof.

   (2)   Adult family home - A dwelling unit, licensed by the Ohio Department of Health, which is shared by three to five unrelated adults, exclusive of staff, who require assistance and/or supervision and who reside together in a family-type environment as a single housekeeping unit, provided that authorized supervisory personnel are present on the premises. Adult family homes are permitted in any residentially zoned district subject to the same regulations as may be applied to any dwelling unit in the same zoning district. An adult family home shall not include nursing homes, assisted living facilities, adult group homes or homes for persons who are addicted to alcohol or narcotic drugs or are criminal offenders serving on work release or probationary programs.

   (3)   Adult group home - A dwelling unit, licensed by the Ohio Department of Health, which is shared by six to 16 unrelated individuals, exclusive of staff, who require assistance and/or supervision and who reside together in a family-type environment as a single housekeeping unit, provided that authorized supervisory personnel are present on the premises. Adult family homes are permitted in any district zoned for multi-family dwelling units subject to the same regulations as may be applied to any multi-family dwelling unit in the same zoning district. An adult group home shall not include nursing homes, assisted living facilities, adult family homes, or homes for persons who are addicted to alcohol or narcotic drugs or are criminal offenders serving on work release or probationary programs.

   (4)   Age restricted housing - A residential development that qualifies for an exemption as “housing for older persons” under the Federal Fair Housing Amendments Act of 1988, and any amendment thereto. Such development may provide a range of housing and lifestyle choices, including independent living, assisted living and skilled nursing care in an integrated system.

   (5)   Age restricted housing, assisted living facility - A long term residential care facility for persons in need of supervision or assistance with activities of daily living but who do not require the level of skilled medical and nursing care provided in a skilled nursing care facility. The facility provides a residential living environment with congregate meals, housekeeping and other supportive services.

   (6)   Age restricted housing, skilled nursing care facility - An establishment licensed for the care of the aged or infirm that may provide facilities and services including restorative care and treatment, nursing services, aid with daily living skills, meal service, regular or as-needed medical supervision, social care, or other services that are supportive, restorative or preventive in nature, but does not contain equipment for surgical care or the treatment of disease or injury. Such facility shall not include assisted living facilities, adult family homes, or adult group homes.

   (7)   Agriculture - The use of land for farming of crops, floriculture, and viticulture, and the necessary accessory structures for performing these when the products are propagated for sale on a parcel of property that exceeds five acres. The growing of crops, floriculture and viticulture solely for personal use shall not be considered agriculture. The raising of domesticated animals does not constitute agriculture.

   (8)   Aisle - That portion of the off-street parking and loading area that provides access to parking, stacking or loading spaces, exclusive of driveways and parking and loading spaces.

   (9)   Alteration - Any change in the external architectural features of any structure or building that is visible from a public way or from adjoining property, but not including ordinary repairs and maintenance.

   (10)   Animal grooming - An activity where the principal business is hygiene for companion animals, including washing, brushing, shearing and nail trimming.

   (11)   Applicant - Any individual, subdivider, firm, association, syndicate, partnership, corporation, trust or any other legal entity who applies for a permit or other approval as regulated by this UDC.

   (11.1)   Area, cultivation - Cultivation area shall have the same meaning as R.C. § 3780.01.

   (12)   Automotive service station and fuel sales - A premises where gasoline and other petroleum products are sold and/or light maintenance and minor repairs are conducted but not including engine overhauls, body work and painting. This facility may also include accessory facilities for other retail sales.

   (13)   Automotive repair - An establishment for general repair, rebuilding, reconditioning, body or fender work, framework, painting or the replacement of parts to motor vehicles.

   (14)   Automotive/vehicle wash - A facility used for cleaning motor vehicles by self-service, attendant or machine.

   (15)   Awning/canopy - Any structure made of cloth or metal with a metal frame attached to a building which is designed to protect an area from the elements of weather.

   (16)   Bar or tavern - An establishment where any fermented malt beverage, malt beverage, special malt, vinous, or spirituous liquors are offered for sale by the drink for on-site consumption and where food may be available for consumption on the premises as an accessory use.

   (17)   Basement - A portion of a building located partly below the ground and having less than 50% of its height below the average finished grade of the adjoining ground.

   (18)   Bed and breakfast - An establishment operated as a home occupation where overnight guest rooms and limited meal service are provided for compensation.

   (19)   Block - A unit of land bounded by streets or by a combination of streets and public lands, railroad right-of-way, waterways, or any other barrier to the continuity of development or corporate boundary.

   (20)   Board or BZA - the Board of Zoning Appeals of the City of Painesville.

   (21)   Brewpub, microbrewery or microwinery - An establishment which produces alcoholic beverages, including beers, ales, meads, hard ciders, or wines, and which also contains facilities for the on-site consumption of food and beverages as an accessory use.

   (22)   Buffer - An area of natural or planted vegetation adjoining or surrounding a land use and unoccupied by any building or structure, for the purposes of separating, screening, and softening the effects of the land use.

   (23)   Build-to line - An alignment established at a certain distance from and parallel to the curb line along which the building shall be built.

   (24)   Building - Any structure having a roof, supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

   (25)   Building, accessory - A building or structure customarily incidental and subordinate to and located on the same lot as the main use or building.

   (26)   Building, height - The vertical distance from the average finished grade along the front elevation to the highest point of the coping on a flat or shed roof or to the deck line of a mansard roof, or to the mean height level between the eaves and ridge for gable, hip or gambrel roofs.

   (27)   Building, line - See setback line.

   (28)   Building, main - A building in which is conducted the principal use of the lot on which it is situated.

   (29)   Building and lumber yard - Buildings or premises used for the storage and sale of lumber and building materials such as brick, tile, cement, insulation, and roofing materials are sold at retail.

   (30)   Carport - A roofed structure that is attached to the main building, not more than 75% enclosed by walls and intended to provide shelter to one or more motor vehicles.

   (31)   Cellar - A portion of a building located partly or wholly underground, and having 50% or more of its height below the average finished grade of the adjoining ground. Cellar space shall not be used as a habitable room or dwelling unit.

   (32)   Cemetery - Land used or intended to be used for the burial of human remains and dedicated to cemetery purpose, including columbariums, mausoleums, crematories and mortuaries when operated in conjunction with and within the boundaries of such cemetery.

   (33)   Certificate of appropriateness - A permit issued by the Design Review Board and/or Administrator approving and/or concurring in any application for a permit for construction, erection, alteration, removal, moving or demolition of any building, other structure or other physical elements in the Design Review District and declaring the determination that such project complies with the provisions of this Code.

   (34)   Certificate of compliance - The document issued by the Administrator authorizing buildings, structures or uses consistent with the terms of this UDC and for the purpose of carrying out and enforcing its provisions.

   (35)   City - The City of Painesville, Ohio.

   (36)   City Engineer - The City Engineer of the City of Painesville.

   (37)   Clinic - An establishment where patient care is administered to humans on an out-patient basis by one or more licensed physicians and/or dentists and their professional associates, a building designed and used for the diagnosis and treatment of human patients that does not include overnight care facilities.

   (38)   Club, fraternal or service - An establishment operated for social, literary, political, educational or recreational purposes primarily for the exclusive use of members and their guests, but not operated for profit. Food and alcoholic beverage service may be permitted as activities that are secondary and incidental to the promotion of some other common objective of the organization, and further provided that the sale or service of alcoholic beverages is in compliance with all applicable laws.

   (39)   Cluster area - That part of a cluster development designed and intended for the construction of single-family attached or detached dwelling units in a unified and harmonious arrangement as reflected on a plan indicating all dwelling units within a specific portion of the development area.

   (40)   Cluster development - A form of development that concentrates buildings on a portion of a site to allow the remaining land to remain as open space.

   (41)   College/university - An educational institution, certified by the State of Ohio, that offers academic instruction and confers degrees with undergraduate or graduate standing and may include related instructional and recreational uses with or without living quarters, food service, and other incidental facilities for students, teachers and employees.

   (42)   Common wall - A wall or portion of a wall that divides contiguous buildings and such wall or portion of a wall contains no openings and extends from its footing below grade to the height of the exterior surface of the roof.

   (43)   Community center - A building used for recreational, social, educational or cultural activities, open to the public and designated to accommodate and service significant segments of the community.

   (44)   Community garden - An area of land managed and maintained by a group of individuals to grow and harvest food crops and/or non-food, ornamental crops, such as flowers, for personal or group use, consumption or donation.

   (45)   Compatible - The characteristics of different uses or designs which allow them to be located near or adjacent to one another in harmony and in keeping with the intent of the district in which such use or design is located. Elements affecting compatibility include, height, scale, mass and bulk of structures, pedestrian or vehicular circulation, access and parking impacts, landscaping, lighting, noise, odor, and architectural elements.

   (46)   Comprehensive Plan - Any plan, or any portion thereof, adopted by Council, showing the general location and extent of present and proposed physical facilities including housing, industrial and commercial uses, major streets, parks, schools and other community facilities. This plan establishes the goals, objectives and policies of the community.

   (47)   Conditional use - A use that may be permitted in a district after review and approval by the Planning Commission.

   (48)   Condominium - A structure or group of structures containing multiple units in which single units are held under individual ownership whereas common areas, facilities and open space are held jointly and equally.

   (49)   Contractor shop - An establishment where business associated in the construction trades is conducted and may include showrooms and material storage area that are completely enclosed within the main building.

   (50)   Contractor storage yard - An area of open storage for materials used for construction and for construction equipment, which is not typically licensed for travel on a public highway. The materials and equipment are typically employed in the course of the contractor's business or may be available for sale or rent.

   (51)   Council or City Council - The City Council of the City of Painesville.

   (52)   Covenant - A written promise or pledge.

   (52.1)   Cultivator, adult use - Adult use cultivator shall have the same meaning as R.C. § 3780.01 and includes the following licenses;

      A.   Level 1 adult use cultivator as defined in R.C. § 3780.01;

      B.   Level 2 adult use cultivator as defined in R.C. § 3780.01;

      C.   Level 3 adult use cultivator as defined in R.C. § 3780.01.

   (53)   Cultural institution - Public or private facilities used for display, or enjoyment of heritage, history, or the arts. This use includes, but is not limited to, museums, libraries, cultural centers, and interpretative sites.

   (54)   Culvert - A transverse drain that channels under a bridge, embankment, street or driveway.

   (55)   Day care facility, children - An establishment other than a dwelling in which care, protection and supervision are provided for children on a regular basis and in accordance with applicable state laws pertaining to licensing and regulation. Incidental facilities for the preparation and consumption of meals, rest and recreation may also be provided.

   (56)   Day care facility, adult - An establishment which provides supervision, meals, assistance, protection, medical or personal care for adults for a time period of less than 24 hours per day and in accordance with applicable state laws pertaining to licensing and regulation.

   (57)   Density - A unit of measurement; the number of dwelling units per acre of land.

   (58)   Density, bonus - The authorization of additional density in a development in exchange for the applicant’s provision of other publicly desirable amenities.

   (59)   Density, gross - The ratio of dwelling units per land area utilizing the full acreage of a parcel.

   (60)   Density, net - The ratio of dwelling units per land area that excludes areas such as public rights of way, common open space and other areas as may be required by this Code.

   (61)   Design Review District - An area where supplemental requirements are applied to properties in addition to the zoning regulations, the boundaries of which are shown on the Official Zoning Map.

   (62)   DRB - The Design Review Board of the City of Painesville.

   (63)   Development agreement - An agreement between an applicant and the City which is based on an approved development plan and clearly establishes the applicant’s responsibilities regarding project phasing, the provision of public and private facilities, improvements and any other mutually agreed to terms and requirements.

   (64)   Development area - A legally established lot or parcel of land occupied or capable of being occupied by a building or group of buildings including accessory structures or uses together with such yards open spaces or setback areas as required by this Code.

   (65)   Development plan - A dimensioned presentation of the proposed development of a specified parcel of land that reflects thereon the location of buildings, easements, parking arrangement, public access, street pattern, and other similar features.

   (65.1)   Dispensary, adult use - Adult use dispensary shall have the same meaning as R.C. § 3780.01 and operate according to R.C. § 3780.15.

   (65.2)   Dispensary - Dispensary shall have the same meaning as R.C. § 3780.01 and R.C. Chapter 3796.

   (66)   District - A portion of the City for which zoning regulations govern the use of buildings and premises.

   (67)   District, Commercial - Those zoning districts designated as Business/Residential District, General Business District, Central Business District, and Downtown Development District.

   (68)   District, Industrial - Those zoning districts designated as Light Industrial District and Industrial District.

   (69)   District, Residential - Those zoning districts designated as Special District, Single- Family Residential District and Multi-family Residential District.

   (69.1)   Domesticated Animal - For purposes of this chapter domesticated animal shall mean dogs, cats, gerbils and similar small animals, pot belly pigs, and similar animals that generally are harbored within the primary residence and chickens.

   (70)   Donation box - An unattended receptacle of any type, construction or material designed for the collection and storage of articles donated to a recognized charitable, educational or similar organization.

   (71)   Dormitories and student housing - A permanent building serving as residential quarters for students of a college, university, or boarding school but not including hotels, boarding houses, or bed and breakfast. Dormitories and student housing may provide kitchen facilities in each room/unit but there may be a group kitchen or dining facility to serve all residents.

   (72)   Drive-through facility commercial use - An establishment where a portion of the main building that includes a building opening such as a window, door or mechanical device through which occupants of a motor vehicle receive or obtain a product or service.

   (73)   Dwelling unit - A permanent building or portion of a building, with cooking and sanitary facilities, designed or used for residential occupancy by a single housekeeping unit, but not including hotels, inns, boarding houses, bed and breakfast, or dormitories.

   (74)   Dwelling unit, accessory - A dwelling unit subordinate to and located within a nonresidential main building.

   (75)   Dwelling unit, duplex - A building consisting of two dwelling units.

   (76)   Dwelling unit, multi-family - A building consisting of three or more dwelling units.

   (77)   Dwelling unit, single-family - A building consisting of one dwelling unit.

   (78)   Dwelling unit, single-family attached - Individually owned dwelling units which are attached to one another by common walls but not a common floor/ceiling. Such units shall have individual heating and plumbing systems and direct access from the exterior and not from a hallway or other common area.

   (79)   Easement - Authorization by a property owner for the use by another, and for a specified purpose, of any designated part of his property.

   (80)   Exterior architectural feature - The architectural style and general arrangement of the exterior of a structure, including the type and texture of building materials, all windows, doors, lights, signs and other fixtures appurtenant thereto.

   (80.1)   Facility, cultivation - Cultivation facility shall have the same meaning as R.C. § 3780.01.

   (80.2)   Facility, prohibited - Prohibited facility shall have the same meaning as R.C. § 3796.30.

   (81)   Family - One of the following:

      A.   One to four persons occupying a dwelling unit; or

      B.   Five or more persons occupying a dwelling unit and living together as a traditional family or the functional equivalent of a traditional family;

         1.   It shall be presumptive evidence that five or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a traditional family.

         2.   In determining whether individuals are living together as the functional equivalent of a traditional family, the following criteria shall be present:

            a.   The group is one which, in theory, size, appearance, structure and function resembles a traditional family unit;

            b.   The occupants shall share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a traditional family;

            c.   The group shares expenses for food, rent or ownership costs, utilities and other household expenses;

            d.   The group is permanent and stable. Evidence of such permanency and stability may include:

               i.   The presence of minor dependent children regularly residing in the household who are enrolled in local schools;

               ii.   Members of the household have the same address for purposes of voter's registration, driver’s license, motor vehicle registration and filing of taxes;

               iii.   The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;

               iv.   There is common ownership of furniture and appliances among the members of the household;

               v.   The group is not transient or temporary in nature;

               vi.   The group shares common entrances and exits; and

               vii.   There is only one set of utility connections to the dwelling unit.

            e.   Any other factor reasonably related to whether or not the group is the functional equivalent of a family.

   (82)   Fence - A structure constructed of approved materials intended to screen, delineate or enclose a yard or part of a yard, but not including hedges, shrubs, trees, or other natural growth.

   (83)   Financial institution - An establishment, usually a corporation, chartered by a state or Federal government, whose principal business is to provide for the everyday financial transactions of businesses and individuals, which includes most or all of the following: receives demand deposits and timed deposits, honors instruments drawn on them, and pays interest on them; discounts notes, makes loans, and invests in securities; certifies depositor’s checks; and issues drafts and cashier’s checks.

   (84)   Fitness center or health club - An establishment which provides specialized facilities, equipment and instruction in exercise and wellness to benefit physical fitness.

   (85)   Flood plain - The land, including the flood fringe and floodway, subject to inundation by water from any source.

   (86)   Floor area - The sum of the areas of several floors of a building measured from outside wall to outside wall. In residential structures it shall not include unenclosed porches, decks, garages or carports.

   (87)   Frontage - The portion of the property which abuts one side of a street.

   (88)   Funeral homes - A building or part thereof used for preparation of the deceased for burial and for the customary rituals associated with burial or cremation where all operations are conducted within a completely enclosed building.

   (89)   Garage, parking - A structure which may have multiple levels above, below, at grade or a combination thereof constructed for the purpose of parking motor vehicles for the general public, clients or employees whether or not charges are made for the parking of motor vehicles therein.

   (90)   Garage, private - An accessory building or portion of a main building accessory to a dwelling unit that is used by the occupants of the premises for the parking and temporary storage of motor vehicles and other personal property associated with a residential use.

   (90.1)   Gardening, personal - The accessory use of land on a residential property to grow vegetables, flowers, fruits, and similar products primarily for the use of the resident of the property. Incidental sale of products may be permitted on a seasonal basis if approved by the Planning Director or assigned designee.

   (91)   Golf course - A tract of land laid out for at least nine holes for playing the game of golf and improved with tees, greens, fairways and hazards that may include buildings for maintenance, restaurants, and other associated amenities.

   (92)   Grade, building - The first floor elevation which shall not be less than one-fourth of an inch per foot rise for each foot from the reference grade to the first floor of the building.

   (93)   Grade, natural - The elevation of the undisturbed ground surface that exists or existed prior to man-made alterations, such as grading, grubbing, filling or excavating.

   (94)   Grade, finished - The final elevation of the ground surface of the ground adjoining a building after final grading and normal settlement.

   (95)   Grade, reference - The center line street elevation opposite the midpoint of the building site frontage.

   (96)   Hedge - A barrier of natural vegetation usually consisting of closely planted evergreen trees, shrubs, or tall grasses that can be used to enclose, screen, or separate areas.

   (97)   Historic building - A building that is historically or architecturally significant.

   (98)   Historic Preservation District - A geographic area designated by the City with buildings, properties or sites that are historically or architecturally significant or contribute to the overall historic character of their designated area.

   (99)   Home occupation - A business, profession, occupation, or trade that is conducted within a dwelling unit and is accessory to the residential use of the lot.

   (100)   Hospital - An institution providing health services primarily for human in-patient health maintenance, medical or surgical care and including related facilities such as laboratories, out- patient services, dispensaries, and social support services.

   (101)   Hotel - A building containing five or more guest rooms offering transient lodging accommodation for compensation to the general public and may provide additional services such as restaurants, meeting rooms or central services.

   (102)   Improvements - Street pavement or resurfacing, curbs, gutters, sidewalks, water lines, sewer lines, storm drains, street lights, flood control and drainage facilities, utility lines, landscaping erosion and sediment control and other related matters normally associated with the development of raw land into building sites.

   (103)   Improvement plans - Engineering drawings prepared by a certified third party engineer in compliance with this Code for the construction of public infrastructure such as streets, water and sewer systems, drainage facilities, landscaping installations and associated appurtenances.

   (104)   Inn - An architecturally and/or historically significant structure, containing between five and 20 guest rooms for hire with associated services and amenities, for lodging by prearrangement.

   (105)   Industrial sales and service - An establishment which provides sales and service primarily to other commercial or industrial enterprises, or which services and repairs equipment used in industrial operations.

   (106)   Kennel and animal boarding facilities - A lot or premises on which four or more domesticated animals of the same type, more than four months of age are housed, groomed, bred, boarded, trained, or sold.

   (106.1)   Laboratory, adult use testing - Adult use testing laboratory shall have the same meaning as R.C. § 3780.01.

   (107)   Laboratory or research facility - A facility conducted entirely within a building in which scientific research, investigation, testing or experimentation is conducted, but not including the manufacturing or sale of products, except incidentally to the principal use of the laboratory.

   (108)   Landscaping - The improvement of a lot, parcel, tract of land, or portion thereof, with living grass, shrubs, trees and flowers. Landscaping may also include pedestrian walks, and ornamental objects such as fountains, statuary, and other similar natural and artificial objects.

   (108.1)   License - License shall have the same meaning as R.C. Chapter 3780.

   (109)   Loading space, off-street - Space designed for bulk pick-up and deliveries, scaled to delivery vehicles and expected to be available even when off-street parking spaces are filled and does not include required off-street parking spaces.

   (110)   Lot - 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 lot shall have frontage on an improved street, and may consist of:

      A.   A single lot of record;

      B.   A portion of a lot of record; or

      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.

   (111)   Lot area - The total horizontal area within the lot lines of a lot exclusive of right- of-way of any public or private street.

   (112)   Lot, corner - A lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than 135 degrees.

   (113)   Lot coverage - That area of a lot which is covered by the footprint of a building, structure or pavement including access drives, parking lots and sidewalks. Percentage of lot coverage shall be determined by dividing the total square footage of coverage by the gross lot area.

   (114)   Lot depth - the mean horizontal distance between the front and the rear lot lines.

   (115)   Lot, frontage - The portion of the lot abutting the street.

   (116)   Lot, interior - A lot other than a corner lot with only one frontage on a street.

   (117)   Lot of record - A lot which is duly recorded among the land records of the Lake County Recorder’s Office.

   (118)   Lot, through - A lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots.

   (119)   Lot width - The distance between straight lines connecting front and rear lot lines at each side of the lot, measured at the building setback line. The width between side lot lines at their foremost points, where they intersect with the street line, shall not be less than 80% of the required lot width.

   (120)   Manufacturing or chemical processing - Establishments engaged in the mechanical or chemical transformation of materials or substances into new products including the assembling of component parts, the manufacturing of products, and the blending of materials such as lubricating oils, plastics, or resins.

   (121)   Manufacturing, extractive/deposit - Any mining, quarrying, excavating, processing, storing, separating, cleaning or marketing of any mineral natural resources, or the deposit of any mineral, soil or natural resource.

   (122)   Manufacturing, heavy - Manufacturing, processing, assembling, storing, testing and similar industrial uses which are generally major operations and extensive in character, may require a large site, open storage and service areas, and having the potential to produce noise, dust, glare, odors or vibration beyond its lot line.

   (122.1)   Medical marijuana - Medical marijuana shall have the same meaning as in R.C. § 3796.01.

   (122.2)   Medical marijuana cultivation and processing - Medical marijuana cultivation and processing shall have the same meaning as in R.C. §§ 3796.18 and 3796.19.

   (122.3)   Medical marijuana dispensary - Medical marijuana dispensary shall have the same meaning as in R.C. § 3796.20.

   (123)   Monuments - Permanent concrete or iron markers used to establish definitively all lines of the plat of a subdivision including all lot corners, boundary line corners and points of change in street alignment.

   (124)   Multipurpose path - A pathway, which may be paved or unpaved, and is physically separated from motor vehicle traffic by an open space or barrier and is either within a public right-of- way or within an independent easement.

   (125)   Multi-tenant building - A main building with multiple tenant spaces and/or multiple use types where each are considered a main use.

   (126)   Non-conforming lot, structure or use - A lot, structure or use legally existing prior to the adoption or amendment of this Code that does not conform to the current regulations of the district in which it is currently located.

   (127)   Nonconforming site condition - Any lot, building or structure lawfully existing on the effective date of this Code or any amendment thereto, which, on such effective date, does not conform to the lot area, width or yard regulations, parking requirements, sign regulations, landscaping or screening requirements or other development standards of the district in which it is situated.

   (128)   Office, general, professional, or medical - An establishment providing executive, management, medical, administrative or professional services, but not including retail sales except those that are clearly subordinate to the office use.

   (129)   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, or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. The area may include, along with the natural environmental features, swimming pools, tennis courts, any other recreational facilities that the Planning Commission deems permissive. Streets, structures for habitation and the like shall not be included.

   (130)   Open space, common - Land within or related to a development, which is designed and intended for the common use or enjoyment of the residents of the development and may include such complimentary structures and improvements as are necessary and appropriate for the use.

   (130.1)   Operator, adult use cannabis - Adult use cannabis operator shall have the same meaning as R.C. § 3780.01.

   (131)   Ordinary repairs and maintenance - Any replacement of any part of a structure where the purpose and effect of such work or replacement is to correct any deterioration or decay of or damage to such structure or any part thereof and to restore damage to such structure or any part thereof and to restore same, as nearly as may be practicable, to its condition prior to the occurrence of such deterioration, decay or damage.

   (132)   Outdoor dining - Areas on sidewalks, patios, or other unenclosed areas, excluding parking lots, that are accessory to a restaurant use and designated for outdoor seating where patrons may be served food and beverage for on-site dining.

   (133)   Outdoor sales - The placement of products or materials for sale outside of a retail establishment.

   (134)   Outdoor vending machines - Small machines that are capable of accepting money in return for the automatic dispensing of goods.

   (135)   Parking lot or area - An area designed and designated for the temporary storage of motor vehicles that consists of off-street parking spaces and any driveways or access drives specifically related to the parking spaces.

   (136)   Parking space, off-street - A surfaced and permanently maintained area exclusive of access drives and aisles that is adequate for parking an automobile that is located totally outside of any street or alley right-of-way.

   (137)   Performance bond or surety bond - An agreement by an applicant with the City for the amount of the estimated construction cost guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the applicant’s agreement.

   (138)   Perpetual maintenance plan - A document filed with the County Recorder which sets forth the responsibility for maintenance of all such areas denoted on a final site plan or subdivision plat and describes the method of financing for such maintenance program.

   (139)   Personal services - Establishments that provide services of a personal convenience nature. Personal service establishments shall include but not be limited to, travel agencies, dry cleaning and laundry drop-off and pick-up stations, self-service laundries, tailors, hair stylists, health, fitness and other self-improvement facilities, photography studios, handicraft or hobby instruction, driving schools, photocopying services, postal substations, package delivery drop-off and pick-up stations, or shoe repair.

   (140)   Porch, patio or deck - A structure attached or directly adjacent to a main building, any part of which does not exceed the first floor elevation of the main building, and that may or may not have railings, ramps or stairs, but does not contain walls or a roof.

   (141)   Place of worship - A special purpose building for the primary use of conducting on a regular basis organized religious services by a religious congregation. Associated accessory uses include, but are not limited to, classrooms, meeting halls, indoor and outdoor recreational facilities, day care, counseling and kitchens.

   (142)   Planned unit development (PUD) - A land development project planned as a comprehensive single entity departing from the strict application of the UDC. It permits a creative approach to the development of compatible, high quality residential, commercial, institutional, public and industrial uses. A PUD provides flexibility in building sites; variety of land use and design; optimum land planning; usable open space and recreational areas; preservation of natural topographic and geological features; provision of underground utilities; efficient circulation systems; and an environment which is fully compatible with the surrounding areas. The PUD permits a combination and coordination of architectural styles, building forms and relationships.

   (143)   Planning Commission or Commission - The City Planning Commission of the City of Painesville.

   (144)   Plat - The map, drawing or chart on which the applicant’s plan of subdivision is presented to the Planning Commission for review, and subsequently to Council for approval; finally, to the County Recorder for recording.

   (145)   Portable storage container - Any portable enclosed unit of durable construction or material, not greater than eight feet wide by eight feet high by 16 feet long, designed for temporary storage, which can be transported by vehicle and left on-site for a designated maximum period of time.

   (146)   Preapplication conference - A nonbinding meeting intended to familiarize the applicant with the City’s code requirements and to familiarize the applicant with the Comprehensive Plan and other planning documents as applicable. The conference is also intended to provide the applicant with an opportunity to discuss their project and obtain informal comments and direction from the City staff members which may help to expedite the formal review process.

   (147)   Premises - An area of land occupied by structures or uses which are integral to the activity conducted upon the land and such open spaces as are arranged and designed to be used in conjunction with such activity.

   (147.1)   Processor, adult use - Adult use processor shall have the same meaning as R.C. § 3780.01.

   (148)   Professional engineer - Any person registered to practice professional engineering by the State Board of Registration as specified in R.C. § 4733.14 and retained by an applicant to prepare plans and specifications.

   (149)   Public use - Any facility, use or structure owned and/or operated by a local, county, state or Federal government or any agencies thereof.

   (150)   Public way - An alley, avenue, boulevard, bridge, channel, ditch, easement, expressway, freeway, highway, land, parkway, right-of-way, road, sidewalk, street, subway, tunnel, viaduct, walk or other ways in which the general public or a public entity have a right, or which are dedicated, whether improved or not.

   (151)   Radio and television studios - Facilities used to produce, operate, or develop radio or television programs for distribution through various telecommunication formats but that do not include on-site towers or satellites.

   (152)   Recreational facilities - Public or private facilities that are designed and equipped for the conduct of sports, leisure time activities and other customary and usual recreational activities.

   (153)   Recreational facilities, commercial/organizational - A facility operated either for profit by the owner, lessee, or licensee; or operated by a not-for-profit organization established for such purpose. Such facilities shall include, but not be limited to: fitness centers, gyms, schools for the martial arts, gymnastic schools, indoor team sports training facilities, golf practice facilities and other such similar facilities.

   (154)   Recreational facilities, noncommercial - A recreational facility that is operated by a government entity for which a fee may or may not be charged.

   (155)   Recreational vehicle - A vehicle or portable structure designed and constructed to be used for travel, recreational or vacation uses, including but not limited to the following:

      A.   Travel trailer - a vehicular portable structure built on a chassis as a non-self-propelled vehicle including tent-type fold-out trailer and designed to be used as a temporary dwelling;

      B.   Pick-up camper - a structure designed primarily to be mounted on a pick-up or truck chassis and with sufficient equipment to render it suitable for use as a temporary dwelling;

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

      D.   Watercraft - includes boats, floats, rafts, wet bike, jet ski, and the normal equipment to transport same.

      E.   Recreational trailers - any form of device, equipment or machinery on wheels, or a single wheel that is intended to be pulled by a motor vehicle, whether or not attached to a motor vehicle. This shall include every vehicle designed and utilized for the sole purpose of transporting materials or equipment used for recreation.

   (156)   Regulation - Any rule adopted under the authority of the City of Painesville to carry out the purpose and intent of this UDC.

   (157)   Restaurant - An establishment principally operated for the sale of food and beverages to be served for consumption on the premises, which may also include carry-out service or delivery of food through drive-thru facility for consumption off the premises.

   (158)   Residential - Land areas or buildings which are arranged, designed used or intended to be occupied by dwelling units and uses associated with dwelling units.

   (159)   Retail sales - Establishments engaged in selling merchandise to the general public for personal or household use and not for resale.

   (160)   Retail sales, transitional - Retail establishments with no more than 2,000 square feet of gross ground floor area which cater to and can be located in close proximity to residential uses without creating undue vehicular congestion, excessive noise or other objectionable influences.

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

   (162)   Roadside stand - A temporary structure designed or used for the display or sale of agricultural products grown on the site.

   (163)   School, compulsory - An educational institution whose primary use is to conduct regular academic instruction and/or special substitute educational programs which are certified by the State Board of Education as meeting the minimum educational requirements of the Ohio Revised Code for compulsory-age children attending the school. As a secondary use, such institutions may conduct optional community programs and activities involving persons of any age, such as but not limited to child day care, pre-kindergarten, evening classes, summer programs, recreational and cultural programs, and special events.

   (164)   Screen - A wall, fence, earthen berm, densely planted vegetation or a combination of these elements which meets the requirements of this Code for shielding or obscuring one abutting or nearby property from another.

   (165)   Setback - The minimum horizontal distance by which any building or structure will be separated from a lot line.

   (166)   Setback line - A line established by this Code, generally parallel with and measured from the lot line, defining the limits of a yard in which no building or structure may be located above ground except as may be provided in such codes. See "yard".

   (167)   Self-storage facility - A building or group of buildings in a controlled access and/or fenced compound that contains varying sizes of individualized, compartmentalized and controlled access rooms, stalls or lockers for the storage of customer's goods or wares.

   (168)   Sidewalk or walkway - That portion of the road right-of-way outside the roadway, which is improved for the use of pedestrian traffic.

   (169)   Sight triangle - A triangle formed by lines drawn between points on the front and side rights-of-way lines 15 feet or a greater distance as required by the City Engineer from their point of intersection that is intended to be clear of landscape materials, vehicles, fences, signs, parking, or any other view-obstructing structures with the exception of required traffic control devices, and utility poles.

   (169.1)   Small box discount store - Small box discount store means a retail, variety, or discount store up to 15,000 square feet that sells at retail, directly to the consumer, a limited assortment of physical goods and other consumer products, including food or beverages for off premises consumption, that generally cost less than ten dollars or cost 20% - 40% lower than the same type of good, products or merchandise sold at grocery or drug stores.

   (170)   Story - That portion of a building, other than a basement or cellar, included between the surface of any floor and the surface of the floor above it, or if there is no floor above it, then the space between the floor and the ceiling above it.

   (171)   Street, or road - The full width between property lines bounding every public way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:

      A.   Alley - A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.

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

      C.   Collector street - A thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets including the principal entrance and circulation routes within the residential subdivisions.

      D.   Cul-de-sac - A local street of relatively short length with one end open to traffic and the other end terminating in a vehicular turnaround.

      E.   Dead-end street - A street temporarily having only one outlet for vehicular traffic and intended to be extended or continued in the future.

      F.   Local street - A street primarily for providing access to residential, commercial or other abutting property.

      G.   Loop street - A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the 180-degree system of turns are not more than 1,000 feet from the arterial or collector street, nor normally more than 600 feet from each other.

      H.   Marginal access street - A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. Also called frontage street.

   (172)   Structure - Anything constructed or erected with a fixed location on or in the ground or attached to something having a fixed location on or in the ground. Among other things, the term includes buildings, mobile homes, walls, fences, signs, backstops for tennis courts, swimming pools, tanks and towers.

   (173)   Subdivision:

      A.   The division of any parcel of land shown as a unit or as contiguous units on the last preceding tax roll, into two or more parcels, sites or lots any one of which is less than five acres for the purpose, whether immediate or future, of transfer of ownership, provided however, that the division or partition of land into parcels of more than five acres not involving any new streets or easements of access, and the sale or exchange of parcels between adjoining lot owners, which such sale or exchange does not create additional building sites, shall be exempted; or

      B.   The improvement of one or more parcels of land for residential, commercial or industrial structures or groups of structures involving the division or allocation of land for the opening, widening or extension of any street or streets except private streets serving industrial structures; the division or allocation of land as open spaces for common use by owners, occupants, or lease holders, or as easement for the extension and maintenance of public sewer, water, storm drainage or other public facilities. See "minor subdivision".

   (174)   Subdivision, minor - A division of a parcel of land that does not require a plat to be approved by a planning authority according to R.C. § 711.131. Also known as lot split.

   (175)   Surveyor - Any person registered to practice surveying under the statutes of the State of Ohio.

   (176)   Terrain classification - Terrain within the entire area of the preliminary plat is classified as level, rolling, hilly or hillside for street design purposes. The classifications are as follows:

      A.   Level - Land which has a cross slope range of 4% or less;

      B.   Rolling - Land which has a cross slope range of more than 4% but not more than 8%;

      C.   Hilly - Land which has a cross slope range of more than 8% but not more than 15%;

      D.   Hillside - Land which has a cross slope range of more than 15%.

   (177)   Theater - Any building or part of a building used for the showing of motion pictures or for dramatic, dance, musical, live or pre-recorded performances. Such use may include a lobby area and limited food service for patrons.

   (178)   Trailer - A vehicular portable structure built on a chassis as a non-self propelled vehicle.

   (179)   Truck terminal - A premises where merchandise, property or freight transported by motor freight vehicles or trucks of common carriers, is received, stored, transferred, loaded, unloaded, delivered or dispatched, and includes any accessory parking space, fueling station, service or repair shop, cargo storage or other incidental operations.

   (180)   Unified Development Code (UDC) - The combining of development regulations and procedures, including zoning and subdivision regulations, sign and floodplain regulations, administrative and hearing procedures, etc. into one unified code as the City of Painesville Unified Development Code.

   (181)   Use, accessory - A subordinate use which is customarily incidental to that of the main use and located on the same lot or within the same structure as the main use.

   (182)   Use, conditional - Those uses that, because of special requirements or characteristics, may be allowed in a particular zoning district only after review and granting of conditional use approval imposing such conditions as necessary to make the use compatible with other uses permitted in the same district.

   (183)   Use, main - The principal 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.

   (184)   Use, similar - A use not otherwise described in this Code but found to be substantially similar to a permitted use or a conditionally permitted use, with regard to such characteristics as trip generation, type of traffic, parking and circulation, utility demands, physical space needs, hours of operation and clientele.

   (185)   Use, temporary - A use established for a specified period of time with the intent to discontinue such use upon the expiration of such time period.

   (186)   Utility structure - Any above ground structure, facility, or equipment, including but not limited to, pedestals, poles, boxes, cabinets, meters, storage facilities, or utility stations, that are associated with a utility providing services to its customers. Such services shall include, but are not limited to: electricity, natural gas, telecommunications, cable, video and internet service, and water. Utility structures shall not include fire hydrants, traffic control devices, or other City equipment.

   (186.1)   Vape/e-cigarette store - Establishments that sell or otherwise distribute electronic smoking devices and/or vapor products as defined in R.C. § 2927.02.

   (187)   Variance - A modification of the strict terms of the standards of this UDC consistent with the variance conditions contained herein.

   (188)   Veterinary clinic - An establishment used for the care, grooming, diagnosis and treatment of sick, ailing, infirm or injured animals, and those who are in need of medical or surgical attention and may include overnight accommodations on the premises for the treatment, observation and/or recuperation. Where permitted, it may also include boarding that is incidental to the primary activity.

   (189)   Vicinity map - A drawing located on the plat which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within Lake County in order to better locate and orient the area in question.

   (190)   Warehouse and distribution center - A facility used primarily for the mass storage and distribution of goods, cargo and materials as well as transportation, logistics, maintenance and fleet parking.

   (191)   Watershed - The drainage basin into which the subdivision drains or that land whose drainage is affected by the subdivision.

   (192)   Wholesale - The sale of commodities in large quantities or by the piece to retailers, jobbers, other wholesale establishments, or manufacturing establishments for resale, use in the fabrication of a product, or use by a business service.

   (193)   Yard - A required open space unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward, provided accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.

      A.   Yard, front - A yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.

      B.   Yard, rear - A yard extending between side lot lines across the rear of a lot and from the rear lot line to the rear of the principal building.

      C.   Yard, side - A yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards.

   (194)   Zoning map - The official map, adopted by ordinance, that delineates the extent of each district or zone established in the UDC.

      (Ord. 16-19. Passed 9-16-19; Ord. 30-21. Passed 12-6-21; Ord. 11-24. Passed 4-15-24; Ord. 21-24. Passed 6-3-24; Ord. 36-24. Passed 11-4-24; Ord. 37-24. Passed 11-4-24; Ord. 38-24. Passed 11-4-24; Ord. 39-24. Passed 11-4-24.)

(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)

(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)

(Ord. 16-19. Passed 9-16-19; Ord. 09-21. Passed 5-3-21; Ord. 18-22. Passed 10-3-22.)

         B.    New construction in Historic Preservation District. The Design Review Board shall use the criteria as set forth in Chapters 1129 and 1133 as the basis of their review.

(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)

      (3)    Any Ordinance which modifies the recommendation of the Commission shall require approval by not less than three-fourths of the membership of Council to modify the Amended Ordinance that was recommended by the Commission. The Modified Ordinance shall require three- fourths of the membership of the Council for approval. In the event the Modified Ordinance is not passed by three-fourths vote of the membership of Council, then the Modified Ordinance shall fail. In the event the Modified Ordinance does not pass, then Council shall then vote on the Zoning Amendment that was approved by the Commission. Any Ordinance which is in accordance with the recommendation of the Commission shall require concurrence of at least a simple majority of the members of Council. Any Ordinance which is in accordance with the recommendation of the Commission that does not receive a simple majority of the members of Council shall fail. Any Ordinance which overrides a negative recommendation from the Planning Commission shall require three-fourths of the membership of the Council for approval. In the event the Ordinance which overrides a negative recommendation from the Planning Commission is not passed by three-fourths vote of the membership of Council, then such an Ordinance shall fail.

(Ord. 16-19. Passed 9-16-19; Ord. 18-22. Passed 10-3-22.)