Chapter 1107: Definitions

Sections

Cross references

  • General Codified Ordinance definitions - see ADM. 101.02
  • Off-street parking facilities defined - see P. & Z. 1141.04

1107.01   Intent

The following terms shall have, throughout this Planning and Zoning Code, the meaning given herein:

  1. (a) The word “shall” is to be interpreted as mandatory and not directory; the word “may” is permissive; the word “should” indicates that a certain standard is recommended and may be required if deemed appropriate and feasible by the responsible Commission, Board, etc.;

  2. (b) The phrase “used for” includes “arranged for,” “designed for,” “intended for,” “maintained for” or “occupied for”;

  3. (c) All words used in the singular include the plural, and words used in the present tense include the future tense, unless the context clearly indicates the contrary;

  4. (d) The term “such as” shall be construed as introducing a typical or illustrative enumeration of uses. A colon used to introduce an enumeration shall be construed as being the complete enumeration of uses and not illustrative;

  5. (e) “Municipality” means the Municipality of Chagrin Falls; “Commission” means the Planning and Zoning Commission of Chagrin Falls; “Board of Zoning Appeals” means the Board of Zoning Appeals of Chagrin Falls; Architectural Board of Review means the Architectural Board of Review of Chagrin Falls; and

  6. (f) “Legislative body” means the Council of Chagrin Falls.
    (Ord. 2019-39. Passed 8-13-19.)

1107.02   Administrator

“Administrator” means the Building Inspector of the Municipality.
(Ord. 2019-39. Passed 8-13-19.)

1107.03   Areas

  1. (a) “Area of buildings” means the area at the ground level of the main building and all accessory buildings, measured from the outside surface of the exterior walls.

  2. (b) “Area of lot” means the total horizontal area within the boundary lines of a zoning lot, however, wetlands, flood hazard areas and easements for drainage ways shall not be counted in the determination of the total area of a lot.

  3. (c) “Coverage” means the area of a lot covered by the area of a building or buildings. (See subsection (a) hereof.)

  4. (d) “Dwelling unit area” means the sum of the gross floor areas above the basement level, including those rooms and closets having a minimum ceiling height of seven feet and having the natural light and ventilation as required by the Building Code. Rooms above the first floor may be included which are directly connected by permanent stairs and hall, and spaces under pitched roofs having a minimum knee wall height of four feet if two thirds of the room area has a minimum ceiling height of seven feet. The area shall be measured from the interior face of the exterior walls at the first floor line and the interior face of the walls of those rooms which may be included under a roof for a one- family dwelling, and measured from the interior face of exterior walls and centerline of party walls, where applicable, for two-family or multi-family dwellings. The following areas shall be excluded: garages and unenclosed porches for all dwellings; utility and general storage rooms in basementless dwellings; and public halls, utility and storage rooms in dwellings other than one family and two family dwellings.

  5. (e) “Development area” means a tract of land that may consist of a single parcel of land or a combination of contiguous parcels of land under one common ownership.
    (Ord. 2019-39. Passed 8-13-19.)

1107.04   Automotive: garages, service stations

  1. (a) “Automotive service station” means a building and land, including pumps, tanks and equipment, for retail sale of gasoline, lubricants, batteries, tires and other automobile accessories, and limited to performing minor services, installations and repairs.

  2. (b) “Garage” means:

    1. (1) A completely enclosed structure accessory to a dwelling(s) that may be either attached or detached, with a permanent roof, continuous foundation, concrete floor, and exterior walls pierced only by windows and doors, and used for parking of the occupants’ personal vehicles; or

    2. (2) A structure used for parking of passenger vehicles as well as trucks used by the business or institution served by the garage, or

    3. (3) A building used for the repair of motor vehicles.
      (Ord. 2019-39. Passed 8-13-19.)

1107.05   Bank; credit union; savings association

  1. (a) “Bank” means a retail service establishment, that is a corporation or similar entities and is operated under authority granted by the regulating authority of 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.

  2. (b) “Credit union” means a retail service establishment that is a nonprofit cooperative financial institution with the general powers conferred upon such corporations or similar entities by the laws of the State of Ohio or of another state and whose principal business is to provide for the everyday financial transactions of its members.

  3. (c) “Savings association” means a retail service establishment that is a savings and loan association doing business under authority granted by the superintendent of financial institutions in accordance with the Ohio Revised Code, or, under the authority granted by the regulatory authority of another state or a federal savings association.
    (Ord. 2019-39. Passed 8-13-19.)

1107.06   Buildings and structures

  1. (a) “Structure” means that which is constructed, and by its design or use is intended to be located permanently on the ground or permanently attached to something located on the ground:

    1. (1) Including, but not limited to buildings, barriers, bridges, bulkheads, chimneys, crane runways, coal bunkers, driveways, fences, outdoor seating facilities, patios, pipe racks, platforms, pools, hot tubs that are connected to any water or electric service, poles, tanks, tents, towers, transformer substation, sheds, signs, stacks and walls, decks or any other manmade products set on or under the ground;

    2. (2) Excluding trailers and other vehicles, whether on wheels or other supports if intended and capable of movement on a dedicated road.

  2. (b) “Building” means a structure which is permanently affixed to the land, having one or more floors and a roof, being bounded by either open spaces or lot lines and used as a shelter or enclosure for persons, animals and/or property.

  3. (c) “Main building” means the building occupied by the principal use or activity on, or intended for the premises, all parts of which building are connected in a substantial manner by common walls and a continuous roof.

  4. (d) “Accessory building or structure” means a subordinate building or structure detached from, but located on the same zoning lot or development area as the main building, the use of which is customarily incidental to that of the main building or use.

  5. (e) “Building line” means a line generally parallel to a front lot line, defining the limits of a front yard. (See “yard”.)

  6. (f) “Required building line” means a line generally parallel to a front lot line, defining the limits of a required front yard. (See “setback”.)

  7. (g) “Completely enclosed building” means a building separated on all sides from the contiguous open space or from other buildings enclosed by a permanent roof and by exterior walls or party walls, pierced only by windows and doors.

  8. (h) “Basement” means a story or space with a floor level more than two feet below the adjoining finished grade but having less than half its clear height below adjoining ground.

  9. (i) “Porch, enclosed” means a roofed structure projecting from a building and separated from the building by the walls thereof, in which more than fifty percent of the horizontal section of the exterior walls is enclosed with materials other than screen material that allows air to flow through.

  10. (j) “Porch, unenclosed” means a roofed structure projecting from a building and separated from the building by the walls thereof, in which not more than fifty percent of the horizontal section of the exterior walls is enclosed with materials other than screen material that allows air to flow through.
    (Ord. 2019-39. Passed 8-13-19.)

1107.061   Cultural and social institutions

  1. (a) “Club, Lodge or Fraternal and Service Organization” means an establishment owned or operated by a group of people formally organized for a common interest, usually cultural, religious or entertainment, with regular meetings, and formal written membership requirements but not for (i) retail sale of beverages, food or goods or services, (ii) profit, or (iii) rendering a sale or service which is customarily carried on as a business.

  2. (b) “Community Center” means an establishment used for recreational, social, educational and cultural activities open to the public, or a designated part of the public, owned and operated by a public or nonprofit group or agency.

  3. (c) “Fitness Center” means an establishment in which facilities are provided for recreational athletic activities including but not limited to body building and exercise classes, racquet sports, swimming pools, and related office space, food and beverage service and retail sales. However, the service of food and beverages, and retail sales on such premises, shall be customary and incidental to the principal objective of the facility.

  4. (d) “Funeral Home” means an establishment used for the preparation of the deceased for burial or cremation, for the display of the deceased, and/or for the ceremonies or services related thereto, excluding cremation, and for the storage of caskets, funeral urns, funeral vehicles and other funeral supplies.

  5. (e) “Museum” means an institution that is established for the purpose of acquiring, conserving, studying, interpreting, and exhibiting to the public for its instruction and enjoyment a collection of artifacts of historical interest. “Museum” also includes any libraries, reading rooms, and other offices and premises in connection therewith. However, the service of food and beverages, and retail sales on such premises, shall be customary and incidental to the principal use of the facility.

  6. (f) “Event Center” means a service commercial establishment used for the gathering together of groups of persons for specific functions including social, recreation, amusement or dining activities and where food and beverages may be served on the premises.

  7. (g) “Theater, indoor” means an establishment devoted to providing entertainment inside a building including movie theaters and theatrical space for dramatic, musical or live performances.
    (Ord. 2019-39. Passed 8-13-19.)

1107.07   Dwellings and other living accommodations

  1. (a) “Dwelling unit” means a space within a dwelling, comprising living, dining, cooking, sleeping room or rooms, storage closets, as well as space and equipment for bathing and toilet facilities, all used by only one family.

  2. (b) “Dwelling” means a building designed or occupied exclusively for nontransient residential use, including one-family, two-family or multi-family buildings.

  3. (c) “One-family dwelling” means a building consisting of one dwelling unit only, detached or separated from other dwelling units by open spaces.

  4. (d) “Two-family dwelling” means a building consisting of two dwelling units which are either attached side by side or one above the other, and each unit having either a separate or combined entrance or entrances, including duplexes and flats.

  5. (e) “Attached single-family dwelling” means a building comprised of two or more dwelling units attached by side party walls, each unit having at least one separate outside entrance.

  6. (f) “Multi-family dwelling” means a building comprised of three or more dwelling units arranged side by side and/or one above the other, and each having a separate entrance or an entrance connected to a common outside entrance.

  7. (g) “Hotel” means a building containing living and sleeping accommodations, excluding cooking facilities within an individual rental unit, for transient occupancy or compensation.

  8. (h) “Efficiency dwelling” means a space within a building containing no less than a main area for both living and sleeping accommodations with cooking, bathing and toilet facilities for the exclusive use of one family.
    (Ord. 2019-39. Passed 8-13-19.)

1107.08   Family

“Family” means either an individual, two or more persons who live together in one dwelling unit and maintain a common household, related by blood, marriage or adoption; or not more than three persons not related by blood, marriage or adoption.
(Ord. 2019-39. Passed 8-13-19.)

1107.09   Grades

  1. (a) “Established street grade” means the elevation established by the Municipality, at the roadway centerline or curb in front of the lot.

  2. (b) “Natural grade” means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.

  3. (c) “Finished grade” means the elevation of the finished surface of the ground adjoining the building after final grading and normal settlement.
    (Ord. 2019-39. Passed 8-13-19.)

1107.10   Height

  1. (a) “Height of building” means the vertical distance measured from the average finished grade across the front of the building to the highest point of the coping of a flat roof or the roof ridge line of a pitched roof.

  2. (b) “Roof ridge line” means the line formed by the intersection of the two sloping sides of a pitched roof, representing generally the highest point of such roof.
    (Ord. 2019-39. Passed 8-13-19.)

1107.11   Home occupation

“Home occupation” means an occupation or profession conducted as an accessory use in a dwelling unit and as limited by the regulations of Section 1125.05.
(Ord. 2019-39. Passed 8-13-19.)

1107.12   Loading space

“Loading space” means an open or enclosed space other than a street, used for the temporary parking of a commercial vehicle while being loaded or unloaded.
(Ord. 2019-39. Passed 8-13-19.)

1107.13   Lot

  1. (a) “Lot of record” means land designated as a separate parcel on a plat, map or deed in the records of Cuyahoga County, Ohio.

  2. (b) “Zoning lot” means a tract of land abutting a street, occupied or intended to be occupied by a use, building or, where permitted, a group of buildings and their accessory uses and buildings as a unit, together with such open spaces as are required by this Planning and Zoning Code. A zoning lot may or may not coincide with a lot of record and may comprise more than one contiguous parcel. Unless the context clearly indicates the contrary, the term “lot” is used synonymously with “zoning lot” throughout this Code.

  3. (c) “Corner lot” means a lot abutting on two streets at their intersections, where the interior angle of intersection is not more than 135 degrees.

  4. (d) “Interior lot” means a lot other than a corner lot or through lot.

  5. (e) “Through lot” means a lot which has two street lines opposite each other, and which are parallel, or within forty-five degrees of being parallel to each other.

  6. (f) “Lot line” means the boundary of a lot separating it from a public street or adjoining public or private land.

  7. (g) “Front lot line” means the lot line separating an interior lot from the street upon which it abuts irrespective of building orientation. On corner lots or through lots, the front lot line shall be the shortest dimension on a street. If the dimensions of such lot are equal, the property owner may designate one of the lot lines as the front, subject to approval by the Planning and Zoning Commission. Such designation shall be made at the time of application for a building permit for the initial construction of the main building. Unless the context clearly indicates the contrary, the term “front lot line” is synonymous with “street line”.

  8. (h) “Rear lot line” means a lot line parallel or within forty-five degrees of being parallel to the front lot line.

  9. (i) “Side lot line” means a lot line which is neither a front nor rear lot line.

  10. (j) “Lot depth” means the mean horizontal distance of a lot measured between the front and rear lot lines.

  11. (k) “Lot width” means the horizontal distance of a lot measured along the required building line at a right angle to the mean lot depth line.

  12. (l) “Street frontage” means the horizontal distance of a lot measured along a street right-of-way line or street line.
    (Ord. 2019-39. Passed 8-13-19.)

1107.14   Office

  1. (a) “Office, general or professional” means an establishment providing executive, management, administrative or professional services, but not including medical offices, investment offices or retail services.

  2. (b) “Office, investment” means an establishment that is licensed to act as an intermediary between buyers and sellers in executing transactions of securities or commodities and may also provide research and advice to clients, but not including a bank, credit union, or savings association.

  3. (c) “Office, medical” means an establishment providing consultation, examination and treatment to human patients on an outpatient basis by one or more physicians, dentists, psychologists, optometrists, therapists, chiropractors or other medical personnel and where patients are not lodged overnight.
    (Ord. 2019-39. Passed 8-13-19.)

1107.15   Occupancy permit

“Occupancy permit” means an official statement asserting that a given building, other structure or parcel of land, and its use is in compliance with the provisions of all existing Codes, or is a lawfully existing nonconforming building or use and hence may be occupied and used lawfully for the purposes designated thereon.
(Ord. 2019-39. Passed 8-13-19.)

1107.16   Performance standard

“Performance standard” means a criterion established to control enclosure, dust, smoke, fire and explosive hazards, glare and heat, noise, odor, toxic and noxious matter, vibrations, drainage, erosion and other conditions created by or inherent in uses of land or buildings.
(Ord. 2019-39. Passed 8-13-19.)

1107.160   Planning and zoning code

“Planning and Zoning Code”, or “this Code” means Ordinance 1963-586, passed December 9, 1963, as amended, which is codified as Titles One to Five of this Part Eleven - Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)

1107.161   Recreational vehicles and trailers

  1. (a) “Recreational vehicle” means a vehicle or portable structure designed and constructed to be used for travel, recreational or vacation uses, including but not limited to the following:

    1. (1) Travel trailers, motor homes, truck campers, fifth-wheel trailers, buses or fold out camping trailers that may be self-propelled or nonself- propelled with facilities enabling them to be used as a temporary dwelling; or

    2. (2) Watercraft, including boats, floats, rafts, wet bikes, jet skis or other vehicles designed or used for transporting persons or property on the water and the normal equipment to transport same; or

    3. (3) Off-road vehicles, including all-terrain vehicles, snowmobiles, trail bikes or other vehicles designed or used for transporting persons or property on nonimproved surfaces and the normal equipment to transport same.

  2. (b) “Trailer” means every vehicle designed or used for carrying persons or property wholly on its own structure and for being drawn by a motor vehicle, including any such vehicle when formed by or operated as a combination of a “semitrailer” and a vehicle of the dolly type, such as that commonly known as a “trailer dolly,” a vehicle used to transport agricultural produce or agricultural production materials between a local place of storage or supply and the farm when drawn or towed on a street or highway at a speed greater than twenty-five miles per hour, and a vehicle designed and used exclusively to transport a boat between a place of storage and a marina, or in and around a marina, when drawn or towed on a street or highway for a distance of more than ten miles or at a speed of more than twenty-five miles per hour.
    (Ord. 2019-39. Passed 8-13-19.)

1107.17   Retail sales

“Retail sales” means an establishment where goods, wares, merchandise, substances, articles or things are offered or kept for sale at retail, including storage of limited quantities of such goods, wares, merchandise, substances, articles or things sufficient only to service such store.
(Ord. 2019-39. Passed 8-13-19.)

1107.18   Retail service

“Retail service” means an establishment primarily engaged in providing direct consumer services at the site of the business, but not including offices.
(Ord. 2019-39. Passed 8-13-19.)

1107.19   Sign

A “Sign” shall have the meaning provided in Chapter 1143 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)

1107.191   Site plan

“Site Plan” means a plan, to scale, showing uses and structures existing and proposed for a parcel of land and containing those elements as required by Section 1109.04 of this Planning and Zoning Code.
(Ord. 2019-39. Passed 8-13-19.)

1107.20   Street; alley; driveway

  1. (a) “Street” or “road” means an existing public way shown upon a plat heretofore approved by official action and duly filed and recorded and affording the principal means of access to abutting property.

  2. (b) “Private street” means an improved right of way owned and maintained by the abutting property owners, or by an association of property owners, excluding off-street parking areas and driveways.

  3. (c) “Alley” means a street providing service to the rear or side of a lot also abutting on other streets.

  4. (d) “Driveway” means a private path providing access for vehicles between a building or structure and a public or private street. Except for one-family and two-family dwellings, vehicle access provided between a street or land and a parking space, parking area, loading areas, or between two parking areas shall also be considered to be a driveway.
    (Ord. 2019-39. Passed 8-13-19.)

1107.21   Use

  1. (a) “Use” means any purpose for which buildings, structures or land may be arranged, designed, intended, maintained or occupied; or any occupation, business, activity or operation carried on in a building or other structure or on land.

  2. (b) “Main use” means the principal purpose of, or activity in a building, other structure or land.

  3. (c) “Accessory use” means a use located on the same zoning lot or development area with the main use of building or land, but incidental to the main use of the main building or land.
    (Ord. 2019-39. Passed 8-13-19.)

1107.22   Variance

“Variance” means an adjustment of this Planning and Zoning Code, allowing either area or use variances, when the applicable factors set forth in Section 1111.07 of this Planning and Zoning Code weigh in favor of the granting of the variance.
(Ord. 2019-39. Passed 8-13-19.)

1107.23   Yards and setbacks

  1. (a) “Yard” means that portion of the open area on a zoning lot extending between a main building and the nearest lot line, open and unobstructed from the ground upwards except for accessory uses and projections as permitted in this Planning and Zoning Code.

  2. (b) “Front yard” means the yard extending from the front wall of the building to the front lot line across the full width of the lot.

  3. (c) “Rear yard” means the yard extending from the rear wall of the building to the rear lot line across the full width of the lot.

  4. (d) “Side yard” means the yard extending between a side lot line and the nearest wall of the building, and from the front yard to the rear yard; provided that for a corner lot, the side yard extends from the front yard to the rear lot line on the street side.

  5. (e) “Setback” means the minimum distance required between any building or structure and a lot line or right of way in order to comply with the regulations of the district in which the lot is located. Use of the word “yard” without the adjectives “required” or “minimum” connotes the term “yard” in its general sense as defined in subsection (a) hereof.
    (Ord. 2019-39. Passed 8-13-19.)

1107.24   Zoning district, overlay

“Overlay District” means a zoning district that encompasses one or more underlying zones and imposes additional or alternative requirements to those required by the underlying zone. Overlay Districts are designated on the official Zoning Map.
(Ord. 2019-39. Passed 8-13-19.)