Seven Hills City Zoning Code
CHAPTER 937
Definitions
937.01 DEFINITIONS.
For the purpose of this Zoning Code, the following terms shall have the meaning set forth in this Chapter.
ABUTTING. Having a common border with, or being separated from, such a common by a right-of-way, alley, or easement. Lots touching at corners only shall not be deemed abutting.
ACCESSORY STRUCTURE. Any improvement to the property other than the main building(s), with the exception of landscaping, is an accessory structure. If a temporary building is placed on a property to provide extra space for expansion of a use, the temporary building shall also be an accessory structure.
ACCESSORY USE. A use incidental to and on the same lot or property as the principal use.
ADULT FAMILY CARE HOME. Shall mean a residence or facility, licensed by an agency of the State of Ohio, that provides accommodations from three (3) to five (5) unrelated adults or three (3) to five (5) unrelated minors and also provides supervision and personal care for at least three (3) such persons. Such land uses are regulated in Codified Ordinance Section 1146.04.
AGRICULTURE. The use of land exclusively for agricultural purposes including: farming, agriculture, horticulture, floriculture, viticulture, dairying, pasturage, animal and poultry husbandry, and the necessary accessory uses for packing, treating, or storing of the products of same; provided that the operation of such accessory uses shall be secondary to that of the normal agricultural activities. A use shall be classified as agricultural only if it is the principal or main use of the land.
ALLEY. A public or private thoroughfare which affords only a secondary means of access to a lot or abutting property and being less than twenty-one feet (21') in width.
ALTERATION. Any change, addition, or modification in construction or occupancy of an existing structure.
ALTERATIONS, STRUCTURAL. Any change in the supporting members of a building such as bearing walls, columns, beams, or girders.
AMBULANCE SERVICE. A duly licensed transportation service, capable of providing medically necessary life support care in the event of a life-threatening situation.
ANIMALS (Exotic). Any cat, other than feliscatus; any canine, other than canisfamiliaris, non-human primates; poisonous reptiles; alligators, crocodiles or lizards over two (2) feet long; snakes over six (6) feet long; bears; kangaroos; eagles; poisonous stinging insects; or arachnids.
ANIMALS (Farm). All species of animals not classified as an exotic animal or an animal as a pet in these definitions.
ANIMALS (as Pets). Any species of feliscatus and canisfamiliaris and other animals commonly kept as domestic pets.
ANIMAL SERVICE FACILITY. The boarding, breeding, training, grooming, day care or medical care for animals, contained within a structure, enclosure, fencing, usually with the intention that the animals are within the premises for commercial purposes, often for limited periods of time and may include overnight stays. Animal Service Facilities includes animal hospital, breeding facility, indoor boarding facility, livery, pet shops, pet day care, shelters, stables, and veterinarian office. This definition does not include dog walking and similar pet care services that are not carried out at a fixed location.
ANTIQUES and COLLECTIBLE SALES. Any premises used for the sale or trading of articles that are considered to possess collectible value due to its rarity and desirability. "Antique shop" does not include "secondhand store."
APARTMENT. See Dwelling, Multiple-Family, as defined in this chapter.
ARTIST'S STUDIO, COMMERCIAL. A commercial artist's studio is an artist's or worker's workroom, or an artist and his or her employees who work within that studio. This can be for the purpose of architecture, painting, pottery (ceramics), sculpture, scrapbooking, photography, graphic design, cinematography or animation in a for-profit manner.
ASSEMBLY HALL. A structure where many people can congregate and maintaining all activities located within the structure.
ATM. "AUTOMATED TELLER MACHINE" A pedestrian-oriented machine used by bank and financial service patrons for conducting transactions including deposits, fund transfers, and withdrawals without contact with financial institution personnel. The machines may be located at or within a bank, or in other locations.
AUTO, BOAT, RECREATIONAL VEHICLE STORAGE. A facility that rents space for the storing automotive and recreational vehicles.
AUTOMOTIVE GASOLINE STATION. A commercial business which conducts the retail sale of motor vehicle and related petroleum-based fuels including but not limited to gasoline, diesel, ethanol, and propane fuels. Automobile service and re-pair is not included. The sale of other commercial retail goods such as limited food, beverage, and other convenience items is permitted on a limited scale. May also be referred to as a "convenience store with gasoline pumps."
AUTO, TRUCK, BOAT and MOBILE EQUIPMENT MANUFACTURE. An establishment specializing in the manufacturing of automotive and vehicular equipment.
AUTOMOBILE RENTAL. Rental of automobiles and light trucks and vans, including incidental parking and servicing of vehicles for rent or lease. Typical uses include auto rental agencies and taxicab dispatch areas.
AUTOMOBILE REPAIR FACILITY. Establishment primarily engaged in automotive repair and refinishing including the sale and installation of lubricants, tires, batteries, mufflers, and similar accessories. The term "automobile" as used in this land use classification is defined as any self-propelled vehicle required by the state to be titled, including, but not limited to, automobiles, trucks, motorcycles, recreational vehicles, trailer coaches and trailers, and weighing over 2,500 pounds. An automobile repair facility shall only be conditionally permitted as an accessory use.
AUTOMOBILE PARTS and ACCESSORY STORE. A facility providing automotive parts and accessories to customers.
AUTOMOBILE SALES. An open space area, other than a street, used for the display, sale, or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done, including work on farm implements, boats, motorcycles, bicycles, and lawnmowers.
AUTOMOBILE WASH FACILITY. An automatic automobile service facility for clearing interior and exterior of automobiles or other motor vehicles and conditionally permitted only as an accessory use.
AUTOMOBILE WHOLESALE. An establishment supplying large quantities of vehicles and selling them to companies for retail sale.
AWNING. A permanent shelter supported entirely from the exterior wall of a building and composed of rigid or non-rigid materials.
BANKS AND FINANCIAL INSTITUTIONS. Commercial banks, savings and loan associations, credit unions, brokerage offices, and other similar financial institutions, but not including pawnshops, check cashing establishments or payday loan businesses.
BARRIER. A fence or other structural barrier required to provide swimming pool protection and being at least forty-eight inches (48") in height above the finished ground level measured on the outside of the structural barrier.
BASEMENT. That portion of a building below or immediately above grade and not used for habitation. A basement shall not be considered as a story, if the floor level is not less than three feet, six inches (3' 6") below the average grade at the exterior walls of the building.
BED AND BREAKFAST INN. A dwelling wherein lodging and/or food is provided by a resident family primarily for transient guests, as distinguished from a boarding house or hotel.
BOARD. Means the Zoning Board of Appeals of the City.
BOARDING HOUSE. A building other than a hotel or a bed and breakfast where for compensation by the week or month, meals are provided for three (3) or more unrelated boarders or roomers at any one time.
BOUNDARY SURVEY. A boundary survey establishes the perimeter of a property as it relates to a parcel's legal description.
BUFFERYARD AREA or SCREENING. A landscaped area intended to separate and partially obstruct the view of two adjacent land uses or properties from one another. Buffering includes fences, walls, hedges, berms, landscaping material, or a combination of these.
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. When such a structure is divided into separate parts by one or more un-pierced walls extending from the ground up, each part is deemed a separate building with respect to the minimum side yard requirements as hereinafter provided.
BUILDING COMMISSIONER. The duly authorized Building Department official of the City charged with the responsibility to enforce those Sections of this Zoning Code as provided herein.
BUILDING FOOTPRINT. The perimeter of a building at the outer edge of the outside walls including cantilevered portions of a building. The perimeter of decks, patios and other extensions of a building physically attached to the main building structure shall also be considered part of the building footprint.
BUILDING FRONTAGE. The facade of a residential building, store or service, manufacturing or office unit which faces the principal street, or the facade which contains the main entrance of such building.
BUILDING HEIGHT. The vertical distance from the average established grade in front of the lot, or from the average natural grade of the building, if higher, to the average height of the top of the cornice of flat roofs, or to the deck line of a mansard roof, or to the mid-height of the highest gable or dormer in a pitched or hipped roof, or, if there are no gables or dormers, to the mid-height of a pitched or hipped roof. Where a lot faces on two or more streets or alleys of different average established grades in front of the lot, the higher of the grades shall control only for the depth of one hundred twenty (120) feet perpendicularly back from the street line of the higher street or alley. On a corner lot, the height is the mean vertical distance from the average established grade or from the average natural grade at the building line, if higher, on the street of greatest width, or if two or more of the streets are of the same width, from the higher of the grades
BUILDING LINE (SETBACK LINE). A line that establishes the area within which the principal building or structure must be erected or placed and which may be located by means of a plat of subdivision or site plan at a distance greater than, but in no case less than, the minimum setbacks or yard spaces required by this Zoning Code.
BUILDING MATERIAL MANUFACTURE. A business engaged in the manufacture of materials or finished products used in the residential and commercial building industries.
BUILDING MATERIALS SALES. A business selling construction materials and goods.
BULK STORAGE. An establishment or land use that engages in the process of housing or storing materials and packages in larger quantities, generally using the original packaging or shipping containers or boxes.
CAMPER and RECREATIONAL VEHICLES SALES and LEASING. A business selling and leasing campers and recreational vehicles to the general public.
CAMPGROUND. Any area or tract of land used or designed to accommodate two (2) or more camping parties, including cabins, tents or other camping outfits.
CARPORT. A temporary or permanent structure providing a covered automobile parking space not completely surrounded by walls or doors. A carport shall be subject to all the regulations prescribed in this Zoning Code for a private garage.
CEMETERY. Land used or intended to be used for the burial of the animal or human dead and dedicated for cemetery purposes, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
CHECK CASHING SERVICE. A short-term loan company that will allow individuals to cash checks before the finances are available.
CHILD DAY CARE CENTER (LEARNING CENTER). An establishment that administers to the needs of infants, toddlers, pre-school children, and school children inside and 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 (24)-hour day. The term "Child Day Care Center" also includes nursery schools where children under the age of five (5) are receiving schooling. Child day care center must obtain all required licensure requirements from the State of Ohio.
CHILDREN DAYCARE. A child day care land use includes a "Type A Family Child Care Home" or "Type B Family Child Care Home" as provided in Ohio Revised Code Chapter 5104. A "Type A" home shall be a permitted use in all residential zoning districts and a "Type B" home shall be permitted as a conditional use in all residential zoning districts. A children daycare land use is regulated in Codified Ordinance Section 1146.04. A child day care camp is not included under this land use definition.
CITY. Means the City of Seven Hills, Ohio.
CITY OF SEVEN HILLS PUBLIC SERVICES. When used in the context of the Land Use Matrix Chart, includes all land uses related to the provision of public services and other related governmental functions of the City.
CLERK. Means the duly acting and qualified Clerk of Council of the City.
CLUB (LODGES & FRATERNAL ORGANIZATIONS). A building or portion thereof or premises owned or operated for a fraternal, literary, political, or educational purpose primarily for the exclusive use of its members and their guests.
COLLEGE (UNIVERSITY). An Institution accredited at the college level by an agency or association recognized by the U.S. Secretary of Education and legally authorized to offer at least a one-year program of study creditable towards a degree.
COMMISSION. Means the Planning Commission of the City.
MASTER PLAN. A plan, or any portion thereof, adopted by the City Council, showing the general location and extent or present and proposed physical facilities including housing, industrial, and commercial uses, major thoroughfares, parks, schools, and other community facilities. This plan establishes the goals, objectives, and policies of the community.
CONDITIONAL USE. An uncommon or infrequent use which may be permitted in specific districts, subject to compliance with certain standards and explicit conditions set forth in this Zoning Code and subject to the granting of a conditional use permit.
CONVALESCENT HOME. See Senior Care Facility, as defined in this Chapter.
CONVENIENCE STORE. A small-scale retail store used for the sale of goods used on an everyday basis by consumers including, but not limited to, pre-packaged food products, household items, newspapers and magazines and having a gross floor area of less than five thousand square feet (5,000 sq. ft). Such store may also include the sale of gasoline, limited sale of prepared food items for off-site consumption or on-site consumption and providing no more than ten (10) indoor or outdoor seats for on-site food consumption.
COUNCIL. Means the legislative body of the City of Seven Hills.
COUNTY. Means the county of Cuyahoga, Ohio.
CULTURAL USE (MUSEUM USE). A museum, or similar public or quasi-public use displaying, preserving and exhibiting objects of community and cultural interest.
DATA PROCESSING SERVICES. A business establishment that engages in the conversion of data into a form that can be processed by computer.
DECK (HOUSE). The deck of a house is generally an open or enclosed wooden platform or other material built above the ground and connected to the main building. It is generally enclosed by a railing for safety. Access may be from the house through doors and from the ground via a stairway.
DELIVERY SERVICES. A service oriented establishment designed to take a certain type of good to a specified destination.
DEMOLITION. The tearing down, razing or removal of a building or structure or portion thereof, for the purpose of complete or partial removal of buildings or structures, or to prepare for reconstruction or remodeling of a building or structure.
DENSITY. A unit of measure; the number of dwelling units per acre of land.
DENSITY, GROSS. The number of dwelling units per acre of the total land to be developed.
DENSITY, NET. The maximum net density of dwelling units per acre based upon the total net developable acreage available on the project site. The following lands are considered to be undevelopable and shall be excluded from the maximum net density calculation:
(1) Public right-of-way or private access road easement areas.
(2) Permanent bodies of water.
(3) Floodways or floodplains.
(4) Natural slopes with greater than a thirty (30) percent grade.
(5) Significant wetlands.
(6) Significant riparian or woodland habitats.
(7) Land subject to major power transmission easements.
(8) Land upon which other significant environmental features as determined by Planning Commission
(9) Required open space area.
DEVELOPER. A person who commences proceedings under this Zoning Code to affect the development or redevelopment of land for himself or herself or for another.
DIRECTOR OF PUBLIC SERVICE AND PROPERTIES. The duly acting Service Director of the City.
DRIVEWAY. A private roadway providing access for vehicles to a parking space, garage, dwelling, or other structure.
DRIVE-IN RESTAURANTS. Any restaurant, sandwich shop, dairy bar, soft drink stand, or any business establishment where prepared food or beverages are served to customers while the customers are seated in automobiles parked in the open air located on the parcel upon which the restaurant is situated or at tables placed in the open air located on the parcel upon which the restaurant is situated.
DRIVE-UP or DRIVE-THROUGH. An establishment that by design of physical facilities or by services or packaging procedures permits customers to receive a service or obtain a product that may be used or consumed in a motor vehicle on the premises or be entertained while remaining in an automobile.
DUMPSTER. Shall mean a bulk storage container for waste materials that can be hauled directly to the point of disposal or emptied into a large compactor-type truck for disposal.
DWELLING. A building occupied as an abode by one or more persons. Any building or portion thereof designed or used as the residence or sleeping place of one or more persons, but not including a tent, cabin, trailer, modular or mobile home, or factory built dwelling (industrialized unit, industrialized dwelling) where the building or portion thereof is of closed construction necessitating disassembly, damage, or destruction of the industrial unit at the building site in order to allow the building inspector to adequately inspect its component parts, or a room in a hotel.
DWELLING, SINGLE-FAMILY. A building used exclusively to provide one (1) dwelling unit for occupancy.
DWELLING, TWO-FAMILY. A building used exclusively to provide two (2) dwelling units for occupancy.
DWELLING, MULTIPLE-FAMILY. A building used exclusively to provide three (3) or more dwelling units for occupancy.
DWELLING UNIT. A dwelling unit is a suite of one (1) or more rooms within a dwelling forming a single habitable unit with facilities which are used for sleeping, living, cooking, and dining, whether or not such unit is occupied or vacant.
EASEMENT. The right of a person, government agency, or public utility company to use public or private land owned by another for a specific purpose.
EDUCATIONAL INSTITUTION (COMMUNITY EDUCATION K-12). Public or private elementary schools, junior high schools, middle schools or high schools and all associated and accessory uses thereto.
EMERGENCY MEDICAL CARE (URGENT CARE). Emergency medical care is the delivery of ambulatory care in a facility dedicated to the delivery of medical care outside of a hospital emergency department, usually on an unscheduled, walk-in basis. Emergency care centers are primarily used to treat patients who have an injury or illness that requires immediate care but is not serious enough to warrant a visit to an emergency room.
ENGINEER. The City Engineer for the City.
EQUIPMENT SALES, RENTAL, REPAIR. An establishment selling, renting, and repairing equipment. An example of such a facility may be a tool rental company renting items such as cherry pickers, ladders, lifts, and stump grinders.
ERECT. In the appropriate context, to affix, construct, hang, install, locate, paint, place or print.
EXPANSION. As applied to development or building activity, increasing the scope or size of an existing or proposed use, structure, parking, signage, etc.
FACADE. An entire outside wall of a structure, including wall faces, parapets, fascia, windows, and doors, of one complete elevation.
FAIR MARKET VALUE. The price at which property would change hands between a willing buyer and a willing seller, neither being under any compulsion to buy or to sell and both having reasonable knowledge of relevant facts.
FARMER'S MARKET. A public market at which farmers and often other vendors sell produce and other non-processed food products directly to consumers.
FAMILY. A family consists of any person living alone or any of the following groups living together as a single housekeeping unit that shares common living, sleeping, cooking, and eating facilities: (1) any number of people related by blood, marriage, adoption, guardianship, or other duly and legally authorized custodial relationship and no more than two (2) unrelated individuals who provide care or assistance or are domestic employees, (2) two (2) unrelated individuals and their children related to either of them and their foster children, or (3) four (4) unrelated individuals. A family does not include any society; club; boarding or lodging house; fraternity; sorority; or group of individuals whose association is seasonal or similar in nature to a resort, hotel, boarding or lodging house, nor that is institutional in nature.
FENCE. Any structure composed of wood, iron, steel, masonry, stone or other material and erected in such a manner and in such location as to enclose, secure, partially enclose or secure, provide privacy, decorate, define or enhance all or any part of any premises. Temporary or seasonal garden fences less than twenty-four (24") inches in height that are not permanently affixed to the ground shall not be considered fences under this definition.
FLEA MARKET. Flea market: an occasional sale or periodic market held in a structure or open area where five (5) or more individuals offer goods for sale to the public. The term "flea market" excludes sales held by charitable or nonprofit organizations, farmers' markets and garage / yard sales.
FLOOR AREA. The sum of the gross horizontal areas of each floor of the principal building measured from the exterior faces of the exterior walls or from the centerline of common walls separating two (2) buildings. The floor area of a building shall include all livable spaces including the basement floor area when more than one-half of the basement height is above the finished grade level.
FRONTAGE. All the property on one side of a public or private street between two intersecting streets, crossing or terminating, measured along the line of the street, or if the street is dead ended, then all the property abutting on one side between an intersecting street and the dead-end of a street.
FUNERAL PARLOR. A building or part thereof used for human funeral services. Such building may contain space and facilities for: (a) embalming and the performance of other services used in preparation of the dead for burial; (b) the performance of autopsies and other related surgical procedures; (c) the storage of caskets, funeral urns, and other related funeral supplies; and (d) the storage of funeral vehicles, but shall not include facilities for cremation. Where a funeral home is permitted, a funeral chapel shall also be permitted.
GARDEN (PERSONAL). "Personal Garden" means a permitted area of a residential zoned lot or non-residential zoned lot when used as residential to cultivate edible herbs, fruits, vegetables or flowers.
GARAGE.
(1) A "private garage" is a building or space used as an accessory to a main building permitted in a Residence District and providing for the storage of motor vehicles and in which no occupation, business or service for profit connected in any way with motor vehicles is carried on.
(2) A "storage garage" is a building or space other than a private garage for the storage of motor vehicles within which filling station service and the sale of accessories is permitted.
(3) A "repair garage" is a garage at which repairs on any kind of motor vehicles are permitted.
(4) A "service garage" is a repair garage used as an accessory to an automobile sales room and primarily for the repair and servicing of automobiles of the make sold in the sales room.
GENERAL MERCHANDISE SALES. Providing for the general sale of unused (new) goods directly to the consumer, this includes the sale of most tangible personal property.
GOVERNMENT (and CIVIC USE). Land uses supporting the provision of public services and functions of a local, state or federal governmental entity or agency. This land use does not include any functions or services provided by the City of Seven Hills.
GRADE. The lowest point of elevation of the finished surface of the ground, paving, or sidewalk within the area between the building and the property line or when the property line is more than five feet from the building, between the building, and a line five feet from the building.
GROCERY STORE. A grocery store is a self-service retail store offering a wide variety of food and household merchandise, organized into departments. May also be referred to as a supermarket.
HAZARDOUS SUBSTANCE. A substance listed under United States Public Law 96-510, entitled the Comprehensive Environmental Response Compensation and Liability Act.
HAZARDOUS WASTE. A waste or combination of solid wastes, which because of its quantity, concentration, or physical, chemical or infectious characteristics, may:
(1) Cause or significantly contribute to an increase in mortality or an increase in serious irreversible or incapacitating illness; or
(2) Pose a substantial present or potential hazard to human health or to the environment when improperly treated, stored, transported, disposed of, or otherwise managed.
HEALTH CLUB. A public or private place to exercise, although not necessarily under the supervision of a physical therapist, occupational therapist, exercise physiologist, or other similar health care provider.
HOME OCCUPATION. Any occupation conducted entirely within a dwelling unit exclusive of garages or accessory buildings carried on by persons residing in the dwelling unit, which use is clearly incidental and secondary to the use of the dwelling for dwelling purposes and does not involve any extension or modification of the dwelling which will alter its outward appearance. The intent of the "Home Occupation" designation is to provide for a more intense business use compared to the less intensive Professional Home Office use. A Home Occupation is considered a conditional use and subject to specific operational standards as set forth in Chapter 921. A "Home Occupation" use does not include a "Professional Home Office" use as defined in this Chapter.
HOME OWNERS ASSOCIATION. An incorporated, nonprofit organization operating under recorded land agreements through which each lot owner of a development area is a member and under which each lot is subject to charges for a proportionate share of the expenses for the organization's activities such as maintaining the common property. May also be referred to as a Property Owners Association (POA).
HOSPICE. An establishment that provides palliative care and attends to the emotional and spiritual needs of terminally ill patients.
HOSPITAL. Any public or private institution which specializes in giving clinical, temporary and emergency services of a medical or surgical nature to injured persons and which maintains and operates twenty-four (24) hour inpatient services for the diagnosis and treatment of patients. Any hospital shall be so licensed by the State Department of Health.
HOTEL. Any structure consisting of one or more buildings containing any combination of more than five guest rooms that are each approved by the Building Commissioner and the State Fire Marshal as meeting the requirements for transient sleeping rooms or extended stay temporary residence dwelling units, or as having features of such sleeping rooms and dwelling units within the same room, and such structure is specifically constructed, kept, used, maintained, advertised, and held out to the public to be a place where transient sleeping accommodations or temporary residence is offered for pay to persons, but such structure does not otherwise meet the definition of a transient hotel or an extended stay hotel as defined in O.R.C. § 3731. A hotel may provide other ancillary services for the guests such as restaurants, meeting rooms, and recreational facilities. All public entrances to the facilities are from a lobby, hallway, or other interior portion of the hotel.
INDEPENDENT SENIOR FACILITY. A facility that contains multiple dwelling units occupied by individuals who are fifty-five (55) years of age or older. The individual units contain bathroom facilities and may contain a full kitchen, partial kitchen or no kitchen when those services are provided. The facility may offer a variety of social, housekeeping, transportation and food services to the users of the facility. This type of senior facility does not offer skilled care nursing nor assistance with common daily activities such as supervision of medication, bathing dressing, toileting, etc., although these services may be available through licensed, third-party health care providers. An independent senior facility shall be considered multifamily zoning allowing common wall and common roof construction, for the purposes of satisfying the requirements of Article XIV, Section 6 of the Charter of the City of Seven Hills.
INDUSTRIAL USE. Enterprises engaged in the processing, manufacturing, compounding, assembly, packaging, treatment or fabrication of materials and products, from processed or previously manufactured materials. Light industry is capable of operation in such a manner as to control the external effects of the manufacturing process, such as smoke, noise, soot, dirt, vibration, odor, etc.
INDUSTRIALIZED UNITS. Factory-built housing certified as meeting the applicable State of Ohio requirements. Once certified by the state, industrialized units shall be subject to the same standards as site-built homes.
JUNK. Any personal property which is bought, bartered, acquired, possessed, collected, accumulated, dismantled, sorted or stored for reuse or resale such as, but not limited to: salvage metal, metal alloys, metal compounds and combinations, used or salvaged fabric, fibers, bags, paper, rags, glass or any latex or plastic product, used or salvaged motor vehicles which are primarily used for parts or scrap metal and similar or related articles or property.
JUNK DEALER. Any person who buys, exchanges, collects, receives, stores or sells any article defined as junk or salvage.
JUNK YARD. Any place where any person who is a junk dealer or salvage dealer buys, exchanges, collects, receives, stores, accumulates, sells or otherwise transfers junk or salvaged material.
LANDSCAPE OPERATION (WITH YARD STORAGE). A business offering landscape maintenance and installation. Such companies may store equipment, landscape materials, and plant goods on site.
LANDOWNER. The holder of fee title, a mortgagee, or contract purchaser of real property.
LAW DIRECTOR. The Municipal Attorney for the City.
LIBRARY. A public facility for the use, but not sale, of literary, musical, artistic, or reference materials.
LOADING SPACE (OFF-STREET). Space for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used and accessible to such vehicles when required off-street parking spaces are filled.
LOAN COMPANIES. A (non-banking) finance company that offers loans to individuals and businesses.
LODGES and FRATERNAL ORGANIZATIONS. A place where an organized group of people having common beliefs or interests, and often formal membership requirements, meet on a regular basis.
LOT. A parcel of land occupied or intended to be occupied by one or more dwellings in a residential district or a permitted building or use in a non-residential zoning district, intended as a unit for transfer of ownership, together with accessory buildings and uses customarily incident thereto. A lot includes open spaces and minimum area provisions as are required by this Zoning Code for the zoning district in which the lot is situated and having its principal frontage on a public or private street or public right-of-way. Other related lot definitions are located in Section 931.02.
LOT AREA. The total computed horizontal area contained within the lot lines or boundary lines of a lot including any portion of a lot that may exist within a public right-of-way.
LOT OF RECORD. A lot which is part of a subdivision, the map of which has been recorded in the office of the County Recorder; or a parcel of land described by metes and bounds, the description of which has been recorded in the office of the County Recorder of Cuyahoga County, Ohio.
MANUFACTURE (MANUFACTURING). The processing or converting, or both, of raw, unfinished materials or products, or either of them, into articles or substances of different character or for use for a different purpose.
MANUFACTURED HOME. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle."
MAXIMUM HEIGHT (STRUCTURE). Maximum height of a structure is measured from grade to uppermost extension of the structure. Receiving antennae, belfries, spires, and other ornamental details shall be included when calculating height of the structure. Specific height measurement standards may apply to certain types of structures within this Zoning Code. See also "Building Height".
MAXIMUM LOT COVERAGE. The total area of a lot that is covered by permanent buildings.
MEDICAL OFFICE. Any type of medical or surgical care performed at a medical office or similar medical facility. This land use shall also include mental health counseling where individuals may acquire professional assistance in addressing and discussing psychological / mental health issues. Land uses under this definition shall provide out-patient services only with no overnight stays permitted.
MINI-STORAGE (or SELF-STORAGE). A building designed to provide rental storage space in bays or other fully enclosed areas where each enclosed area has a maximum floor area of four hundred square feet (400 sq. ft.). Each enclosed area shall be enclosed by walls and ceiling and have a separate entrance for the loading and unloading of stored goods.
MINIMUM LOT AREA. The least amount of area of horizontal plane bounded by the vertical planes through front, side, and rear lot lines.
MINIMUM LOT WIDTH. The required minimum width of lot measured at the front setback line for a building.
MOBILE HOME. A transportable, factory-built home designed to be used as a year-round residential dwelling and built prior to the enactment of the Federal Manufactured Housing Construction and Safety Standards Act of 1974.
MOBILE HOME SALES, RENTAL, REPAIR. An open space area, other than a street, used for the display, sale, rental or repair of new or used mobile homes or mobile home trailers in operable condition.
MONOPOLE. A support structure constructed of a single, self- supporting hollow metal tube securely anchored to a foundation.
MOTEL. A building or group of detached or connected buildings designed or used primarily for providing sleeping accommodations for travelers and having a parking space adjacent to a sleeping room that is directly accessible from a parking lot or exterior corridor. A motel is a prohibited land use.
MOTORCYCLE SALES. An open space area, other than a street, used for the display, sale, or rental of new or used motorcycles, scooters or motorcycle trailers in operable condition and where no repair work is done.
MULTI-SECTION MANUFACTURED HOME. A factory-built home constructed to the design and specification standards of a manufactured home as set forth in 24 CFR 3280, 3282 and 3283 and 42 USC 5401 et. seq.
NONCONFORMITY. A lot, use of land, building, structure, use of buildings, or use of buildings and land in combination lawfully existing at the time of enactment of this Zoning Code or its amendments, which do not conform to the regulations of the district or zone in which it is situated, and is therefore, incompatible.
NONCONFORMING BUILDING (or STRUCTURE). A building or structure existing lawfully when this Zoning Code, or any amendment thereto, became effective, but which does not conform to the specific regulations governing buildings and structures of the zoning district in which it is located.
NONCONFORMING LOT. A lot lawfully existing on the effective date of this Zoning Code or any amendment thereto, which on such effective date, does not conform to the lot area, width or frontage requirements of the zoning district in which it is located.
NONCONFORMING SITE CONDITION. Any structure lawfully existing on the effective date of this 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 applicable standards provided in this Zoning Code.
NONCONFORMING USE. The use of any building, structure, or land which lawfully existed on the effective date of this Zoning Code or any amendment or supplement thereto which does not conform to the use regulations of the zoning district in which it is located.
NOT FOR PROFIT ORGANIZATION. An organization which exists for educational or charitable reasons and from which its shareholders, trustees or members do not benefit financially.
NURSERY (PRE) SCHOOL. Means providing care for children during daytime hours, including parent cooperative nursery schools, play groups for preschool children, afterschool care for school children, provided such establishment is institutional in character and is licensed by the state or county and conducted in accordance with state requirements.
NURSERY (GARDEN CENTER). An establishment engaged in the cultivation and retail sale of vegetation and associated items to the public. This definition does not include large scale nursery production operations selling vegetation products at a wholesale level.
OCCUPANCY. The period during which one owns, rents, uses, or occupies a certain premises or land.
OCCUPANCY CERTIFICATE. An official statement certifying that a building, other structure or parcel of land is in compliance with the provisions of all applicable codes, or is a lawfully existing nonconforming building or use, and hence may be occupied and used lawfully for the purpose designated.
OCCUPANT. A person who, on a regular basis, spends nights at a residence or other structure. A person is considered an occupant regardless of whether they spend the majority of their nights at a residence or other structure, if the times they do stay overnight are regular and recurrent. In addition, a person shall be considered an occupant if their clothes or other daily living supplies are maintained at the residence or other structure.
OFFICE, GENERAL. A place of business used exclusively for office purposes where no product or commodity for retail sale is located or sold, including but not limited to sales offices, real estate offices, financial offices and professional offices. May also include data processing and analysis facilities, insurance offices, office buildings, office spaces, office uses, travel service bureaus, utility company business offices, and license bureaus.
OFFICE, PROFESSIONAL. The office of a recognized profession maintained for the conduct of that profession. A profession is a vocation, calling, occupation, or employment requiring training in the liberal arts or sciences, or combination thereof, requiring advanced study in a specialized field; any occupation requiring licensing by the State and maintenance of professional standards applicable to the field.
OFFICE BUILDING. A building or portion of a building wherein services are performed involving predominantly administrative, professional or clerical operations not involving any equipment other than furniture and document processing and storage facilities.
OPEN SPACE. An area open to the sky which is or may be on the same lot with a building or structure. This area may include landscaped areas.
OPEN SPACE, ACTIVE. In the context of a planned unit Development Plan, active open space shall be designed with the goal to encourage active recreational use(s) for the residents of the planned unit development. Active open space may include, but may not be limited to the following uses: pedestrian walkways, mowed parkland, picnic areas, maintained ball fields, maintained open areas, horse trails, swimming pools, clubhouses, tennis courts and golf courses.
OPEN SPACE, COMMON. A parcel or parcels of land or any area of water, or a combination of land and water, within the site designed and intended for the use or enjoyment of occupants of the planned unit development. Common open space may contain such complementary structures and improvements as are necessary and appropriate for the benefit and enjoyment of occupants.
OUTDOOR DINING. Tables and/or chairs (including benches) and umbrellas associated with lawfully operating restaurants and similar uses, in or on the public right-of-way or resting on, or projecting into, the sidewalk area, which are not physically or structurally attached to a building, retaining wall or fence.
OUTDOOR STORAGE. The keeping, in other than a building, of any goods, materials, or merchandise on the same parcel for more than twenty-four (24) consecutive hours.
PARKING AREA (OFF-STREET). An unobstructed space or area other than a street or alley that is permanently reserved and maintained for the parking of one motor vehicle.
PARKING AREA (PUBLIC). An open area, other than a street, used for the temporary parking of more than four automobiles and available for public use, whether free, for compensation or as an accommodation for clients or customers.
PARKING FACILITY. A site for surface parking or a parking structure use which provides one or more parking spaces together with driveways, aisles, turning and maneuvering areas, incorporated landscaped areas, and similar features meeting the requirements established by this chapter. This use type shall not include parking facilities accessory to a permitted principal use.
PARKING LOT, COMMERCIAL. Any area of land used for off-street parking and operated for profit.
PAWN SHOP. An establishment engaged in retail sales of secondhand merchandise and that offers personal loans secured by consumer goods, jewelry and other personal property held by the pawn shop.
PERFORMANCE BOND. An agreement by an applicant with the City for the amount of the estimated construction cost plus a contingency amount as provided for in this Zoning Code guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the applicant's agreement.
PERFORMANCE STANDARD. A criterion established to control dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations and other conditions created by or inherent in uses of land or buildings.
PERSON. An individual, firm, corporation, or association.
PERSONAL SERVICES (OTHER). Establishments or places of business engaged in the provision of frequently or recurrently needed services of a personal nature. Typical uses include beauty and barber shops; grooming of pets; seamstresses, tailors, or shoe repairs; florists; and laundromats and dry cleaning stations serving individuals and households.
PHARMACY. A store where a substantial portion of the business is the filling of medical prescriptions and the sale of drugs, medical devices and supplies, and nonprescription medicines but where nonmedical products may be sold as well. A pharmacy may include accessory drive-up customer service facilities located on the same lot.
PLAT. A map of a tract or parcel of land.
PRINCIPAL STRUCTURE. A building or structure in which the primary use of the lot on which the building is located is conducted.
PRINCIPAL USE. The main use of land or structures as distinguished from a secondary or accessory use.
PROFESSIONAL HOME OFFICE. A homed based business utilizing the dwelling area for a small scale professional office use by an occupant of the dwelling. The intent of the "Professional Home Office" designation is to provide for a less intensive business use compared to the more intensive "Home Occupation" use. Examples of a "Professional Home Office" use include, but are not limited to: attorney, accountant, sales representative, architect. A "Professional Home Office" use does not constitute a "Home Occupation" use as defined in this Chapter.
PROFESSIONAL SERVICE. The use of offices and related spaces for such professional services as are provided by medical practitioners, lawyers, architects, and engineers, and similar professions.
PROPERTY. Any tract, lot, parcel or several of such tracts, lots or parcels collected together.
PUBLIC. Unless otherwise specifically indicated, public shall mean anything owned, operated, provided and/or maintained by a local, state, or federal government.
PUBLIC ASSEMBLY. Facilities that accommodate public assembly for sports, amusements, or entertainment purposes. Typical uses include auditoriums, sports stadiums, convention facilities, and incidental sales and exhibition facilities.
PUBLIC PARK. A public space and supporting facilities designed and used for a variety of recreational activities, a greater part of which take place outside of any structure.
PUBLIC USE. Public parks, schools, and administrative and cultural buildings and structures, including public land or buildings devoted solely to the storage and maintenance of equipment and materials and public service facilities, including water and sewer service facilities.
PUBLIC SERVICE and UTILITY FACILITIES. A site where a utility company or business providing a public service, such as cable companies and telephone companies, store and service equipment, have offices, and headquarter various crews of employees. This land use category does not include any public service or utility use owned or operated by the City of Seven Hills.
PUBLIC MUSEUM. A building, place, or institution devoted to the acquisition, conservation, study, exhibition, and educational interpretation of objects having scientific, historical, or artistic value.
RAISING OF ANIMALS. The raising of farm animals, exotic animals, or the raising of any animal for commercial purposes. This definition does not pertain to domestic household pets.
RECREATION (ACTIVE). Those recreational pursuits which require physical alteration to the area in which they are performed including, but not limited to, pedestrian ways, bikeways, tennis courts, swimming and boating areas, playgrounds, and play fields.
RECREATION (PASSIVE). Recreational activities that generally do not require a developed site such as hiking, horseback riding, and picnicking.
RECREATION AREA (PUBLIC). A recreation area maintained by a public authority for public use.
RECREATION AREA (COMMERCIAL). Land or facilities operated as a business and which are open to the general public for a fee that shall include, but is not limited to: roller blade rental, billiard parlors, video amusement arcades, pay-to-play athletic fields, golf courses, ice skating rinks, swimming pools, bingo parlors, lotto facilities and other businesses where the majority of business is in games of chance.
RECREATIONAL VEHICLE. A vehicle, whether or not it is pulled by another vehicle, used or intended for use as a conveyance upon the public streets or highways, so designed, constructed, reconstructed, or added to by means of portable accessories in such manner as will permit the occupancy thereof as a movable dwelling or sleeping place.
RELIGIOUS INSTITUTION. An institution that a congregation of people regularly attends to participate in or hold religious services, meetings and other activities, including buildings in which the religious service of any denomination is held.
RESIDENTIAL DWELLING. A building or part of a building, containing living, sleeping, housekeeping accommodations, and sanitary facilities for occupancy by one or more individuals or families.
RESTAURANT (CARRY-OUT). Any establishment that provides, as a principal use, the preparation and sale of food and/or beverages in a ready-to consume state, primarily for consumption off the premises. A carryout restaurant shall not include drive-through or drive-up facilities, and up to ten (10) seats may be provided for on-site consumption.
RESTAURANT (WITH DRIVE-THROUGH OR DRIVE-UP). Any establishment that provides, as a principal use, the preparation and sale of food and/or beverages in a ready-to-consume state for consumption on or off the premises, and which contains a drive-through or drive-up facility.
RESTAURANT (GENERAL). Any establishment that provides, as a principal use, the preparation and sale of food and/or beverages in a ready-to-consume state for consumption on or off the premises. A restaurant with drive-through or drive-up facilities and a carry-out restaurant as defined herein, shall not be deemed to be a General Restaurant. Restaurant shall include a bar use.
RETAIL SALES (BUSINESS). Any business which primarily sells goods, wares or merchandise directly to the ultimate customer for direct consumption and not for resale.
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.
RIGHT-OF-WAY LINE. A dividing line between a lot, tract, or parcel of land and a contiguous public street, and demarcating the public right-of-way. Where the lot, tract, or parcel of land has been conveyed to the center of the road, the road line then becomes the inside line of land reserved for road purposes. "Right-of-way line" also means "street line."
ROADSIDE STAND. A temporary structure used for the sale of goods or produce made or grown on the same lot.
ROOF LINE. The uppermost line or point of the facade or parapet of a flat roof structure, or the lower edge of an eve, gable or rake of a sloped roof structure.
ROOF or STRUCTURE MOUNTED SOLAR ENERGY SYSTEM. An active solar technology system developed and created for harnessing and distributing solar energy that can be mounted on a roof or stationary structure using a variety of techniques including the use of photovoltaic panels and solar thermal collectors to harness the energy.
SATELLITE DISH. A signal-receiving device whose purpose is to receive or send communications or signals from earth-orbiting satellites or other sources.
SECONDHAND STORE. A business principally engaged in the buying, selling, or accepting on consignment or donation, secondhand tangible personal property and in which at least fifty percent (50%) or more of the gross receipts are from the sale of a secondhand tangible personal property. The definition shall have no application to the business of selling used or secondhand vehicles. A pawn shop shall be considered a secondhand store.
SECRETARY. The duly acting Secretary of the Planning Commission, the Zoning Board of Appeals and the Board of Building Appeals of the City.
SENIOR CARE FACILITY. Any place or abode, building, institution, residence, or home used for the reception and care for persons who are fifty-five (55) years of age or over and for which a license, if necessary, has been issued by the Ohio Department of Public Welfare or other appropriate agency. This land use includes commonly used references such as assisted living facilities and nursing home facilities. Skilled care nursing services are typically provided in a senior care facility. A "hospital" land use is not covered under this definition. A senior care facility shall be considered multifamily zoning allowing common wall and common roof construction, for the purposes of satisfying the requirements of Article XIV, Section 6 of the Charter of the City of Seven Hills.
SEXUALLY ORIENTED BUSINESS. An adult bookstore, adult video store, adult cabaret, adult motion picture theater, sexual device shop, or sexual encounter center, but does not include a business solely by reason of its showing, selling, or renting materials that may depict sex, as those terms are defined in O.R.C. Chapter 2907.
SHOPPING CENTER.
(1) "Neighborhood shopping center" means a shopping center ranging in size from 20,000 to 100,000 square feet of building floor area, having a supermarket-type food store or super drug store as the leading tenant.
(2) "Community shopping center" means a shopping center ranging in size from 100,000 to 400,000 square feet of building floor area, having a junior department store as the leading tenant.
(3) "Regional shopping center" means a shopping center over 400,000 square feet in building floor area having a major department store as the leading tenant.
SHORT TERM RENTAL. The rental of a residential dwelling or portion thereof for a period of fewer than thirty (30) nights, for which the guest compensates an owner or lessee of the dwelling. Short term rentals are regulated in Section 1146.03 of the City Codified Ordinances.
SIGN. A sign is defined as any display that evokes or convey a messages including but not limited to: any name, number, symbol, identification, description, display, illustration, object, graphic, sign structure, or part thereof, whether permanent or temporary, which is affixed to, painted on, represented directly or indirectly upon, or projected onto a building, structure, lot, or other device, whether mobile or affixed to the ground, and which directs attention to any object, product, place, activity, person, institution, organization, or business. A sign may consist of wording, logos or images. This definition includes all signs visible from any public right-of-way or adjacent property, including interior signs oriented towards the exterior facade of any building or structure as well as back-lighted translucent panels or strip lighting affixed to any wall or roof where any such panels or lighting serves to identify and attract attention rather than illuminate space for human activity.
SOLAR ENERGY SYSTEM. A solar energy system is any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating. Based on this definition, solar energy systems include, but are not limited to:
(1) Photovoltaics (solar electric)
(2) Solar water heating for use in buildings
(3) Solar water heating for space heating or cooling
STORY (BUILDING). That part of a building included between any floor and the floor or roof next above; provided that for any purpose of regulating the dimensions of yards and courts when the average story height of any building exceeds twelve (12) feet, each twelve (12) feet or fraction thereof of total building height shall be considered a separate story, except the first story, which may be fifteen (15) feet high. A mezzanine story shall be deemed a full story where it covers more than fifty percent (50%) of the area of the story next below. A basement shall not be counted as a story unless more than one-half of the basement height is above grade level at the front of the building.
STREET. All property dedicated or intended for public or private use for passage or travel of motor vehicles.
STREET, COLLECTOR. A street supplementary to and connecting the major street system to local streets.
STREET, LOCAL. A street primarily for access to abutting residential properties and to serve local needs. Local streets are classified and defined further as follows:
(1) "Cul-de-sac" means a street, one end of which connects with another street and the other end of which is a dead-end which allows space for turning of vehicles.
(2) "Marginal access street" means a local street providing access to lots which abut or are adjacent to a limited-access highway or major street.
STREET, MAJOR ARTERIAL. A public street which is primarily for moving fast or heavy traffic between large or intensively developed districts.
STRUCTURE. Anything built or constructed which requires a permanent location on any given lot, other than landscaping. Structures include but are not limited to buildings, pools, tennis courts, storage facilities, parking lots, roadside stands, monuments, statues, flagpoles, sheds and signs.
STRUCTURE HEIGHT. The distance between the highest point of any structure, and the lowest grade adjacent to the structure.
STRUCTURAL ALTERATION. Any change in the structural members of a building, such as walls, columns, beams, or girders.
STUDIO (DANCE, MUSIC, VOICE and MARTIAL ARTS). An establishment where an art is taught or studied, often an open room where one or more persons can work.
SUBDIVISION. The division of any parcel of land shown as a unit, part of a unit or a contiguous unit on the last preceding transfer of ownership thereof.
(1) Major Subdivision shall mean the improvement of six (6) or more new parcels from the original parcel of land for residential use or the improvement of one or more parcels of land for commercial or industrial structures or groups of structures involving the subdivision and allocation of land as streets or other open spaces for common use by the owners, occupants or leaseholders or as easements, or for the extension and maintenance of public sewer, water, storm drainage or other public utilities and facilities.
(2) Minor Subdivision shall mean a proposed division of a parcel of land along an existing public street, not involving the opening, widening or extension of any street or road and involving no more than five (5) lots after the original tract has been completely subdivided. A minor subdivision shall also mean the division of land for agricultural purposes where the resulting parcels are more than five (5) acres or larger in size; the division of property by testamentary or intestate provisions; a lot consolidation or the division of property upon court order.
SWEEPSTAKES TERMINAL CAFÉ. Shall mean any individual premises upon which any computerized sweepstakes device is located for the use or entertainment of the public, whether or not such premises have other business purposes of any nature whatsoever.
SWIMMING POOL. For the purposes of this Zoning Code, swimming pools are defined and classified as follows:
(1) "Swimming Pool" means an open tank, any other structure or body of water, not located within a completely enclosed building, designed so as to contain at least three (3) feet of water at any point, including the lounging and spectator areas and any accessory buildings, structures or equipment. It also includes a wading pool, hot tub, or spa.
(2) "Private Swimming Pool" means a pool maintained for the sole use of a household and guests, without charge for admission and located as an accessory use to a dwelling.
(3) "Club Swimming Pool" means a pool maintained and operated by a private club or a neighborhood association, incorporated as a nonprofit organization, for the exclusive use of a limited number of members and their guests.
(4) "Commercial Swimming Pool" means a pool operated for a profit and open to the public upon payment of a fee.
(5) "Portable Swimming Pool" means a swimming pool that is only capable of holding eighteen inches (18") of water or less, at the deepest point, and are nine feet (9') or less in water surface diameter at the widest point, or less than sixty-five (65) square feet in surface area.
TATTOO PARLOR or BODY PIERCING ESTABLISHMENT. An establishment or facility engaged in the method of placing designs, letters, scrolls, figures, symbols, or any other marks upon or under the skin with ink or any other substance resulting in the coloration of the skin by the aid of needles or any other instruments designed to touch or puncture the skin. This definition also includes body piercing or other related body art activities.
TECHNICAL SCHOOL. A post-secondary vocational school that trains students in a variety of skills, especially in the manual trades, health care, and computer technology.
TEMPORARY BUILDING OR STRUCTURE. A structure intended for a limited duration in which construction or erection of such building or structure requires no permanent foundation.
TEMPORARY STORAGE STRUCTURE. Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all Building Code and land use requirements.
THEATRE (INDOOR MOTION PICTURE & LIVE). A structure reserved for housing dramatic presentations, stage entertainments, or motion-pictures for public or private audiences.
THEATRE (OUTDOOR DRIVE-IN). A facility or outdoor space designed to permit customers to remain in their vehicles while viewing a motion picture.
TOBACCO RETAILER. Any establishment that devotes ten percent (10%) or more of floor area or display area to the sale, distribution, delivery, offering, or furnishing of tobacco products and/or derives fifty-one percent (51%) or more of gross sales receipts from the sale of tobacco products. Tobacco products shall mean: (1) Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; (2) Any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or (3) Any component, part, or accessory of (1) or (2), whether or not any of these contain tobacco or nicotine, including but not limited to liquids used in electronic smoking device, filters, rolling papers, blunt or hemp wraps, and pipes. The term "tobacco product" excludes any product that has been specifically approved by the United States Food and Drug Administration (FDA) for sale as a tobacco/smoking cessation product or for other medical purposes, where such product is marketed and sold solely for such an approved purpose."
TOWNHOUSE CLUSTER ATTACHED DWELLING. A single family dwelling attached side by side, separated from each other by fire walls, of concrete, masonry or the equivalent, each unit having at least two (2) separate exterior entrances. Each townhouse dwelling unit shall be serviced with separate sewer and utility lines connected individually from outside of the unit. The installation, repair and replacement of the sewers and utility lines shall not encroach upon the living and garage space of another dwelling unit.
TRAILER CAMP. A "trailer camp" is a yard or other area used for the parking of a trailer, or house car, or camp car, or any vehicle or structure mounted on wheels or capable of being propelled from place to place either by its own power or power supplied by some vehicle attached thereto or to be attached thereto, and being used for living or sleeping quarters.
TREE LAWN. That portion of a public right-of-way lying between the back face of the curb and the leading edge of the sidewalk and/or the back edge of the right-of-way, if no sidewalk is installed.
TRUCK SERVICE STATION. A facility repairing and conducting routine maintenance on heavy duty trucks and tractor-trailers.
USE. The specific purposes for which a building or land is designated, arranged, intended, or maintained. In the classification of uses, a use may be a use as commonly understood or the name of an occupation, business, activity, or operation carried on in a building or on premises or the name of a building, place, or thing which name indicates the use or intended use.
MAIN USE. The principal use of an activity conducted in a building or other structure or on the land.
VEHICLE, COMMERCIAL. A motorized vehicle or vehicle trailer, possessing more than four wheels and a cargo area for the transport of paying passengers; vehicles weighing more than 10,000 pounds or longer than twenty-two (22) feet; vehicles having a total height, inclusive of racks, signs or attached equipment exceeding eight feet (8'); vehicles having attached signage projecting more than one inch past any external surface to which such signage is attached; any vehicle with a dump bed. Commercial vehicles shall include commercial trucks, buses, commercial vans, tractors, semitrailers, utility trucks, motorized farm vehicles, earth-moving equipment, construction trailers, flatbed trailers, pole trailers, horse/livestock trailers, and construction equipment including but not limited to backhoes, excavators, motorized cranes, portable cranes, well drilling rigs, or other commercial-type vehicle licensed by the Ohio State Bureau of Motor Vehicles as a commercial vehicle or truck. "Commercial vehicle" shall not include a passenger car, passenger van (with a seating capacity of less than sixteen (16) passengers) or recreational vehicle used by a household for non-commercial personal or family transportation, for recreation or for van pooling or ride-sharing use.
VEHICLE (MOTOR). Motor vehicle means and includes automobiles, motorcycles, trucks, tractors, trailers, semi-trailers, airplanes, buses and farm implements, whether semi-propelled or designed to be pulled, pushed or carried by another motor vehicle.
VEHICLE (RECREATIONAL). Recreational vehicle shall be defined as any of the following: any privately owned boat, boat trailer, folding tent trailer, personal watercraft, motorized home, pick-up camper, snowmobile, travel trailer, a three (3) or four (4) wheel all-terrain vehicle or other similar equipment meeting the following criteria:
(1) Built on a single chassis;
(2) Fur Hundred square feet (400 sq. ft.) or less when measured at the largest horizontal projection;
(3) Designed to be self-propelled or permanently towable by a light duty truck; and
(4) Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational camping, travel, or seasonal use.
VARIANCE. A modification of the strict terms of the relevant regulations of this Zoning Code where such modification will not be contrary to the public interest. A variance is also a modification of regulations where owing to conditions peculiar to the property and not the result of the action of the applicant. Variances can only be granted by the Zoning Board of Appeals after consideration of the applicable standards of review.
WAREHOUSE. A use engaged in storage, wholesale, and distribution of manufactured products, supplies, and equipment containing no on-site retail sales, but excluding bulk storage of materials that are inflammable or explosive or that create hazardous or commonly recognized offensive conditions. This term also includes "Wholesale" and "Distribution" related establishments.
YARD, REQUIRED. The minimum yard required between a lot line and building line or the line of any parking area or any other use requiring a yard in order to comply with the zoning regulations of the district in which the zoning lot is located. A required yard shall be open and unobstructed from the ground upward, except for projections on buildings as permitted in this Zoning Code and except for walks, landscaping and other yard or site features.
YARD SETBACKS. The required minimum horizontal distance between the building line and the related front, side, or rear property line.
ZERO LOT LINE. The location of a building on a lot in such a manner that one or more of the building's sides rests directly on a lot line. Also, for the purposes of this Zoning Code, a zero lot line shall include buildings that are built with a shared wall resting on a lot line, and the shared wall shall be considered the zero lot line if the building is intended to be owned by two (2) separate owners on both sides of the shared wall.
ZONING MAP, CITY OF SEVEN HILLS. The zoning map for the City of Seven Hills showing the corporation limits and streets and other landmarks for reference, the property boundaries for all properties inside the City, and the zoning districts that have been adopted and are enforced for the properties contained within the City. Also referred to as the City Zoning Map. (Ord. 03-2025. Passed 2-11-25.)
CODIFIED ORDINANCES OF SEVEN HILLS