For the purpose of this Zoning Ordinance, certain terms are hereby defined. Words used in the present tense shall include the future; the singular number shall include the plural and the plural the singular; the word "shall" is mandatory and not directory; the word "building" shall include the word "structure"; the word "used" shall include the words "arranged", "designed", "constructed", "altered", "converted", or "intended to be used"; and a "person" shall mean, in addition to an individual, a firm, corporation, association or any legal entity which may own and/or use land buildings.
(1) "Accessory building or use" means a subordinate building or use customarily incidental to, and located upon the same lot occupied by the main building and use. A guest house or accessory living quarters shall be considered as an accessory use.
(2) "Agriculture" means the use of land for agricultural purposes, including farming, dairying, pasturage, agriculture, horticulture, floriculture, viticulture, and animal and poultry husbandry, and the necessary accessory uses for packing, treating or storing the produce, provided that the operation of such accessory use shall be secondary to that of the normal agricultural activities, and provided that the above uses shall not include the commercial feeding of garbage or offals to swine and other animals. A use shall be classified as agriculture only if agriculture is the principal or main use of the land.
(3) "Alley" means a public thoroughfare which affords only a secondary means of access to a lot of abutting property.
(4) "Apartment": See "Dwelling, Town House, Row House, or Multifamily".
(Ord. 22-1972. Passed 8-1-72.)
(4A) "Arcade games" means those games involving elements of skill and chance wherein winnings can include cash payout. "Arcade" shall not include establishments with no more than two such games.
(Ord. 13-07. Passed 10-2-07.)
(5) "Automobile service station" means a place where gasoline, kerosene or any other motor fuel or lubricating oil or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, including greasing and oiling on the premises.
(6) "Automobile wrecking yard" means the use of more than twenty-five square feet of any land, building or structure used for the purpose of wrecking, dismantling or storing, for private and/or commercial purposes, any discarded motor vehicle.
(7) "Basement" means a story having more than one-half of its height below grade. A basement shall not be counted as a story for the purpose of height regulations.
(Ord. 22-1972. Passed 8-1-72.)
(8) "Bed and breakfast inns" means a building other than a motel, hotel or boarding house where for compensation by the day or week, meals or lodging are provided for not more than four persons.
(Ord. 23-87. Passed 5-19-87.)
(9) "Board" means the Board of Zoning Appeals as created by this Zoning Ordinance.
(10) "Boarding house" means a building other than a hotel or motel where for compensation by the week or month, meals or lodging and meals are provided for at least but not more than twenty persons.
(11) "Building" means any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.
(12) "Building, height of" means the vertical distance from the finished grade to the highest point of the coping of a flat roof or to the deck line of a mansard roof, or the mean height level between eaves and ridge of a gable, hip or gambrel roof.
(13) "Building lines" means the line defining the minimum front, side and rear yard requirements outside of which no building or structure may be located, except as otherwise provided herein.
(14) "Building, principal" means the building on a lot used to accommodate the primary use to which the premises are devoted.
(15) "Building signs" means a sign which identifies the business or profession conducted or the principal products sold upon the premises.
(16) "Car port" means a covered automobile parking space not completely enclosed by walls or doors. A car port shall be subject to all the provisions prescribed in these regulations for a private garage or accessory building.
(Ord. 22-1972. Passed 8-1-72.)
(17) "Child day care centers" means any place licensed by the Ohio Department of Human Services as a Child Day Care Center and which supplies care for five or more infants, toddlers, preschool children or school age children outside of school hours and which fully complies with all the requirements imposed by Ohio R.C. Chapter 5104 and the Administrative Regulations contained in Chapter 5101 of the Administrative Code.
(Ord. 52-87. Passed 1-5-88.)
(18) "Clinic" means any building or other structure devoted to the medical diagnosis, treatment and care of human out patients.
(19) "Commission" means the City Planning Commission.
(20) "Court" means an open unoccupied and unobstructed space other than a yard on the same lot with a building or group of buildings.
(21) "Convalescent home" means a "rest home" or "board home" for the aged or mentally or physically infirmed conducted within any abode, building, institutional residence or home used for the reception and care, for a consideration, of three or more persons who, by reason of age or metal or physical infirmities, are not capable of properly caring for themselves or who are sixty-five years of age or more, and for which a license has been issued by the Department of Public Welfare of the State of Ohio.
(22) "Density" means the number of families residing on, or dwelling units developed on, a gross acre of land.
(Ord. 22-1972. Passed 8-1-72.)
(23) "Development disability" means a disability that originated before the attainment of eighteen years of age and can be expected to continue indefinitely, constitutes a substantial handicap to the person's ability to function normally in society, and is attributable to mental retardation, cerebral palsy, epilepsy, autism or any other condition found to be closely related to mental retardation because such condition results in similar impairment of general intellectual functioning or adaptive behavior or requires similar treatment and services.
(Ord. 36-85. Passed 10-15-85.)
(24) "Discarded motor vehicle" means any inoperable motor propelled vehicle or accessory to same, which is in the process of being wrecked, dismantled or stored and which does not have a license thereon which is valid or was valid not more than six months previous.
(25) "District" means a section or sections of the incorporated territory of the City for which the regulations governing the use of buildings and premises or the height and area of buildings are uniform.
(26) "Dwelling" means any building, or portion thereof, which is designed or used primarily for residence purposes, including one-family, two-family and multifamily but not including hotels, motels, boarding houses, lodging houses and tourist dwellings. An attached garage for purposes of determining the front, side and rear yards shall be considered a part of the dwelling.
(Ord. 22-72. Passed 8-1-72.)
(26.5) "Dwelling, attached single-family" means dwelling units which are attached structurally to one another, are owned individually, and maintain separate identities through such features as separate ground floor entrances, services, attached garages and other design elements, with common open space, and building and grounds maintenance the responsibility of a homeowner association.
(Ord. 47-94. Passed 8-16-94.)
(27) "Dwelling, single-family" means a dwelling designed for or used exclusively for residence purposes by one family.
(28) "Dwelling, two-family" means a building designed and used exclusively by two families living independently of each other.
(29) "Dwelling, multifamily" means a dwelling designed for or occupied by three or more families living independently of each other.
(30) "Dwelling, group" means a single-family, two-family or multifamily dwellings, or their combination located on one lot and around a common court or courts.
(31) "Dwelling unit" means one or more rooms providing complete living facilities for one family, including equipment for cooking or provisions for the same, and including room or rooms for living, sleeping and eating.
(32) "Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal departments, or commissions, of underground or overhead gas, electrical, steam or water transmission or distribution systems, collection, communications, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduit, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, but not including buildings reasonably necessary for the furnishing of adequate service by such public utilities or municipal departments or commissions or for the public health or safety or general welfare.
(33) "Family" means one or more persons occupying a dwelling unit and living as a single housekeeping unit, whether or not related to each other by birth or marriage, as distinguished from a group occupying a boarding house, lodging house, hotel, tourist dwelling, a sorority or fraternity. A family may also include domestic servants and gratuitous guests.
(Ord. 22-1972. Passed 8-1-72.)
(34) "Family home" means a residential facility that provides room and board, personal care, habilitation services and supervision in a family setting for not more than eight persons with developmental disabilities.
(Ord. 36-85. Passed 10-15-85.)
(35) "Flood crest" means the maximum elevation reached by the flood waters at a given location.
(36) "Flood plain" means that portion of a river or creek valley adjacent to the river or creek channel which is covered with water when the river or creek overflows its banks at flood stage.
(37) "Flood proofing" means the preparing of a building to withstand flood waters without damaging the living or working areas.
(38) "Floor area" means the sum of the gross horizontal areas of the one or several floors of a building, measured from the exterior faces of exterior walls or from the center line of common walls separating two buildings; floor area, for the purposes of these Regulations, shall not include basement, garage, elevator and stair bulkheads, attic space, terraces, breezeways, open porches and uncovered steps.
(39) "Frontage" means all the property on one side of a street between two intersecting streets (crossing or terminating) measured along the line of the street or, if the street is dead- ended, all the property abutting on one side between an intersecting street and the dead-end of a street.
(40) "Garage, private" means an accessory building or an accessory portion of the main building, enclosed on all sides and designed or used for the shelter or storage of passenger vehicles and located on the same lot as the dwelling to which it is accessory.
(41) "Garage, auto service shop" means a building or portion of a building, in which repairs are made to motor vehicles, and in which there is no painting of cars or body and fender work done.
(42) "Garage, public" means a building, or portion of a building, in which more than four motor vehicles are, or are intended to be, housed under arrangements made with patrons for renting or leasing such space and accommodation and in which no repair work is carried on.
(43) "Grade, finished" means for buildings abutting one street only, the elevation of the sidewalk at the center of the wall facing the street (or the elevation of the center line of the street where no sidewalk exists); for buildings having walls facing more than one street, the average elevation of the sidewalk at the centers of all walls facing the streets; for buildings having no walls facing the street, the average level of the finished surface of the ground adjacent to the exterior walls of the buildings. (Any wall approximately parallel to a street line is to be considered as facing the street.)
(44) "Grade, natural" means the elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(45) "Gross acre" means land area, measured on the horizontal plane, and including land occupied by all natural and man-made features of the landscape.
(Ord. 22-1972. Passed 8-1-72.)
(46) "Group home" means a residential facility that provides room and board, personal care, habilitation services, and supervision in a family setting for at least nine but not more than sixteen persons with developmental disabilities.
(Ord. 36-85. Passed 10-15-85.)
(47) "Guest house or accessory living quarters" means living quarters located on the second floor of a private garage for the use of persons employed on the premises, or for the temporary use by guests of the occupants of the premises. Such quarters shall have no kitchen facilities and shall not be rented or otherwise used as a separate dwelling.
(48) "Home occupation" means any use or profession customarily conducted entirely within a dwelling and carried on only by the inhabitants thereof, which use is clearly incidental and secondary to the use of dwelling for dwelling purposes and does not change the character thereof.
(49) "Hospital" means any building or other structure containing beds for at least four patients and devoted to the medical diagnosis, treatment or other care of human ailments.
(50) "Hotel" means a building in which lodging is provided and offered to the public for compensation and which is open to transient guests, as distinguished from a boarding house or a lodging house.
(51) "Institution" means a building occupied by a nonprofit corporation or a nonprofit establishment for public use.
(52) "Intermediate regional flood" means a flood having an average frequency of occurrence in the order of once in 100 years although the flood may occur in any year.
(53) "Junk yard" means the use of more than twenty-five square feet of any land, building or structure, whether for private and/or commercial purposes, where waste, discarded or salvaged materials such as scrap metals, used building materials, used lumber, used glass, discarded motor vehicles, paper, rags, rubber, cordage, barrels, etc., are sold, stored for more than fifteen days, bought, exchanged, baled, packed, sorted, disassembled, dismantled or handled.
(54) "Loading house" means an off-street space or berth on the same lot with a building, or contiguous to a group of buildings, for the temporary parking of a commercial vehicle while loading or unloading merchandise or materials, and which abuts upon a street, alley or other appropriate means of access.
(55) "Lodging house" means a building where lodging only is provided by the week or the month for compensation for three or more, but not more than twenty persons.
(56) "Lot" means a piece, parcel or plat of land occupied or intended to be occupied by a principal building or a group of such buildings and accessory buildings, or utilized for a principal use and uses accessory thereto, together with such open spaces and access to or frontage on a public street, as required by these Regulations.
(57) "Lot area" means the computed area contained within the lot lines. Where the lot has been conveyed to the center of the street the area of the lot lying within the established street right of way shall not be included as part of the lot area for the purpose of these Regulations.
(58) "Lot, corner" means a lot at the junction of and abutting upon two intersecting streets.
(59) "Lot coverage" means the portion of the lot area that is covered by any buildings.
(60) "Lot, depth" means the mean horizontal distance between the right-of-way line of the street and the rear lot line.
(61) "Lot, double frontage" means a lot having a frontage on two nonintersecting streets, as distinguished from a corner lot.
(62) "Lot, interior" means a lot other than a corner lot.
(63) "Lot, lines" means the property lines defining the limits of a lot.
(64) "Lot lines, front" means the line separating a lot from the street on which the lot fronts.
(65) "Lot line, rear" means the lot line opposite and most distant from the front lot line.
(66) "Lot line, side" means any lot line other than a front or rear lot line; a side lot line separating a lot from a street is called a side street lot line; a side lot line separating a lot from another lot or lots is called an interior side lot line.
(67) "Lot of record" means a lot which is a part of a subdivision, the map of which has been recorded in the office of the Recorder of Stark County; or a parcel of land, the deed to which was of record on or prior to the effective date of these Regulations.
(68) "Lot, width of" means the width measured along the minimum building setback line.
(69) "Minimum building setback line" means a line parallel to the street right-of-way line and at a distance therefrom equal to the required depth of the front yard, and extending across the full width of the lot. Where the street right-of-way line is not established, the right of way shall be assumed to be sixty feet.
(70) "Mobile home." See "Trailer".
(71) "Motel" means any building or group of buildings containing sleeping rooms, with or without cooking facilities, designed as overnight sleeping quarters for automobile tourists or transients, with garage attached or parking space conveniently located to each unit, including auto courts, motor lodges and tourist courts.
(72) "Nonconforming use" means any building or land lawfully occupied by a use on the effective date of this Zoning Ordinance or any amendment or supplement thereto, which does not conform to the use regulations of the district in which it is situated.
(73) "Parking space" means an off-street space or berth for the temporary parking of a vehicle for a period longer than required to load or unload persons or goods.
(74) "Planned unit residential development" means a planned, integrated residential development of at least ten acres where minimum lot size and dwelling type may be modified somewhat to achieve particular design objectives and the economical provision of open space and utilities and increase the overall density limitations of the district in which the planned unit residential development is located and complying with other pertinent requirements of this Zoning Ordinance as interpreted by the City Planning Commission.
(75) "Public utility" means any person, firm, corporation, governmental agency or board fully authorized to furnish and furnishing to the public, electricity, gas, steam, telephone, telegraphy, transportation, water or any other similar public utilities.
(Ord. 22-1972. Passed 8-1-72.)
(76) "Residential facility" means a home or facility in which a person with a developmental disability resides, except a home subject to Ohio R.C. Chapter 3721 or the home of a relative or legal guardian in which a person with a developmental disability resides.
(Ord. 36-85. Passed 10-15-85.)
(77) "Roadside stands" means a removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of seasonal agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales. No illuminated signs shall be used to advertise such products.
(78) "Sign" means any structure, or natural object such as a tree, rock, bush, and the ground itself, or part thereof, or device attached thereto or painted or represented thereon, which shall be used to attract attention to any object, product, place, activity, person, institution, organization or business, or which shall display or include any letter, word, banner, flag, pennant, insignia, device or representation used as or which is the nature of an announcement, direction or advertisement. For the purpose of these Regulations the word "sign" does not include the flag, pennant, badge or insignia of any government, or governmental agency or of any charitable, religious, educational or similar organization.
(79) "Standard project flood" means the flood that may be expected from the most severe combination of meteorological and hydrological conditions in the Tuscarawas River drainage basin.
(80) "Story" means that portion of a building included between the surface of any floor and the surface of the next floor above it, or if there is no floor above it, then the space between the floor and the ceiling next above it.
(81) "Story, half" means a space under a sloping roof which has the line of intersection of roof decking and wall face not more than three feet above the top floor level, and in which space not more than two-thirds of the floor area is finished off for use.
(82) "Street, public" means a public thoroughfare which has been dedicated to the public for use or subject to public easements therefore, and which affords the principal means of access to abutting property.
(83) "Street, private" means a thoroughfare which affords principal means of access to abutting property, but which has not been dedicated to the public, or subject to public easements therefore.
(84) "Street right-of-way lines" means a dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.
(85) "Structure" means anything constructed or erected, the use of which requires permanent location on the ground or attached to something having a permanent location on the ground, including advertising signs, billboards, pergolas, farmers' roadside stands, but not including fences, or walls used as fences.
(86) "Structural alterations" means any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of cubical contents of the building.
(87) "Swimming pool, family" means a swimming pool used or intended to be used solely by the owner or lessee thereof and his family, and by friends invited to use it without payment of any fee.
(88) "Swimming pool, commercial" means a body of water in an artificial receptacle or other container, whether located indoors or outdoors, used or intended to be used for public, semi-public or private swimming by adults and/or children, whether or not any charge or fee is imposed upon adults or children, operated and maintained by any person as herein defined, whether he be an owner, lessee, operator, licensee or concessionaire, exclusive of a family pool as defined herein, and shall include all structures, appurtenances, equipment, appliances and other facilities appurtenant to and intended for the operation and maintenance of a swimming pool, and also all swimming pools operated and maintained in conjunction with or by clubs, motels, hotels and community associations.
(89) "Thoroughfare" means a street or alley.
(90) "Tourist dwelling" means a dwelling where overnight accommodations are provided for tourists.
(91) "Trailer" or "mobile home" means any vehicle or structure constructed in such a manner as to permit occupancy thereof as sleeping quarters or the conduct of any business, trade or occupation, or use as a selling or advertising device, or use for storage of conveyance for tools, equipment or machinery and so designed that it is or may be mounted on wheels and used as a conveyance on highways and streets, propelled or drawn by its own or other motor powers.
(92) "Trailer park" or "mobile home park" means a tract or parcel of land open to the public upon which spaces for trailers or mobile homes are provided for a consideration, whether for overnight, by the day, the week, the month, or longer.
(93) "Use" means the purpose for which a building or premises is or may be occupied. 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, or intended to be 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.
(94) "Usable open space" means the required portion of a lot excluding the required front yard area which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. This space shall be unobstructed to the sky and shall not be devoted to service driveways or off-street parking or loading space, and shall be twenty feet in least dimension on the ground. Balconies at least four feet, six inches wide, roof areas which are improved, and side and rear yards which have fences or walls at least five feet high between the open space and adjacent property may also be counted as usable open space.
(95) "Yard' means an open space on the same lot with a building, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
(96) "Yard, front" means yard extending across the full width of a lot and being the perpendicular distance between the street right-of-way line and the nearest portion of any building or structure existing or proposed for construction on such lot. Where the right-of-way line is not established, the right of way shall be assumed to be sixty feet.
(97) "Yard, rear" means a yard extending across the full width of a lot between the side lot lines and being the perpendicular distance between the rear lot line and the nearest portions of any building or structure existing or proposed to be constructed on such lot. On corner lots the rear yard shall be considered as parallel to the street upon which the lot has its least dimension. On both corner lots and interior lots the rear yard shall be in all cases at the opposite end of the lot from the front yard.
(98) "Yard, side" means a yard between the nearest portion of any building or structure existing or proposed to be constructed on such lot and the side lines of the lot and extending from the front yard to the rear yard.
(99) "Zoning Map" means the "Zoning District Map of the City of Canal Fulton, Stark County, Ohio".
(Ord. 22-1972. Passed 8-1-72.)