1145.04 REGULATIONS PERTAINING TO CONDITIONALLY PERMISSIBLE USES.
   101   Loud speakers which cause a hazard or annoyance shall not be permitted.
   102   All points of vehicular entrance or exit should be located no closer than 200 feet from the intersection of two major thoroughfares; or no closer than 100 feet from the intersection of a major thoroughfare and a local or collector thoroughfare.
   103   There shall be no more than one advertisement oriented to each abutting road identifying the activity.
   104   No lighting shall constitute a nuisance and shall in no way impair safe movement of traffic on any street or highway; no lighting shall shine directly on adjacent properties.
   105   Elementary school structures should be located on a collector thoroughfare.
   106   Such developments should be located on major thoroughfares or at intersections of major and/or collector thoroughfares.
   107   Such uses shall not require uneconomical extensions of utility services at the expense of the community.
   108   Such uses should be properly landscaped to be harmonious with surrounding residential uses.
   109   Such structures should be located adjacent to parks and other nonresidential uses such as schools and shopping facilities where use could be made of joint parking facilities.
(Ord. 22-1972. Passed 8-1-72.)
   109(b)   Any conditionally permitted uses should have adequate parking space for the intended use of the property.
(Ord. 23-87. Passed 5-19-87.)
   110   All permitted installations shall be maintained in a neat, orderly condition so as to prevent injury to any single property, any individual or to the community in general; a bond may be required to insure that this provision will be met.
   111   Customary home occupations, subject to the requirements of this subsection as follows:
      (1)   Handicraft, dressmaking, millinery, laundering, baking and operation of a beauty shop.
      (2)   The professional offices of a physician, surgeon, dentist, lawyer, engineer or other like profession (veterinarian, real estate, insurance, C.P.A.).
         (a)   Such use shall be conducted entirely within the dwelling unit and no use of any accessory building or yard space shall be permitted.
         (b)   Such use shall be clearly incidental and secondary to the use of the dwelling for dwelling purposes.
         (c)   Such use shall be conducted only by persons residing in the dwelling unit.
         (d)   There shall be no display nor stock in trade nor commodities sold except those which are produced on the premises.
         (e)   The use shall not involve the use of more than thirty-three and one-third percent (33 1/3%) of the floor area of only one story.
         (f)   No newspaper, radio or television service shall be used to advertise such home occupations.
         (g)   One unlighted name plate not more than two square feet in area announcing the name and home occupation shall be permitted.
         (h)   Such uses shall not create a nuisance by reason of noise, odor, dust, vibration, fumes, smoke, electrical interference or other causes.
   112   Special provisions for group dwellings:
      (1)   Group dwellings shall be considered as one building for the purpose of determining front, side and rear yard requirements, the entire group as a unit requiring one front and rear and two side yards as specified for dwellings in the appropriate district.
      (2)   Each two or two and one-half story group dwelling development shall have a minimum court of forty feet in width and forty feet in length, in addition to its required yards, and each one story group dwelling development shall have a minimum court of thirty feet in width and thirty feet in length, in addition to its required yards.
      (3)   In a group dwelling development, no two separate dwelling structures shall be closer to each other along the sides or end of a court than fifteen feet.
      (4)   The court shall be unoccupied by any building or other structures, except fire hydrants, utility poles or other street improvements.
      (5)   The court shall have an unobstructed opening, not less than thirty feet wide, onto the front yard of a lot which has a width not less than that required in the district in which it is located.
      (6)   All dwelling structures of the group except those facing a public street shall face upon the court.
   113   Such uses shall be permitted under the following conditions:
      (1)   Provided that such facilities be located at the extremity of the business districts so as not to interfere with the pedestrian interchange between stores in the district and provided further, that it would not limit expansion of the pedestrian-oriented facilities.
      (2)   No more than two driveway approaches shall be permitted directly from any thoroughfare and shall not exceed thirty feet in width at the property line.
      (3)   If the property fronts on two or more streets, the driveways shall be located as far from the street intersections as is practical.
      (4)   At least a six-inch high pedestrian safety curb shall be installed along the street right-of-way lines except at driveways' approaches.
   114   Any temporary structures must be indicated as such on site plans submitted to the Planning Commission for approval. Such structures shall not be continued as permanent structures. The period of continuance shall be set by the Planning Commission.
   115   General provisions: It is the intent of this subsection to permit the application of modern planning techniques in the development of residential areas providing:
      (1)   A variety of housing types;
      (2)   A more flexible placing of buildings on the land;
      (3)   Flexibility in placing accessory facilities such as garages or parking spaces;
      (4)   Flexibility of architectural design; and
      (5)   The clustering of houses and multi-family dwelling units so that large areas of land can be left in open space.
   The benefits to the developer in a planned unit residential development are:
      (1)   Construction of housing at a greater density than would ordinarily be permitted in the same district under conventional zoning;
      (2)   A wider choice of housing types than would ordinarily be permitted in the same district under conventional zoning;
      (3)   Less extensive and thus more economical street lengths due to clustering of the dwelling units; and
      (4)   Less extensive and more economical extension of water, sewer and other utilities.
   The benefits to the community are:
      (1)   Open space available for community benefit;
      (2)   More economical maintenance of sewer, water and other utilities due to the clustering of the dwelling units; and
      (3)   An attractive development option to encourage community development on a planned basis.
   The planned unit residential development shall be constructed substantially according to a pre-determined and approved plan subject to the following general requirements:
      (1)   A planned unit residential development shall cover an area of not less than ten contiguous acres which shall not be divided into parts;
         (a)   By any state or federal limited access highways;
         (b)   By any large area of land not included in the proposed development; or
         (c)   By any railroad rights of way. The existence of public or private streets or highways (other than limited access highways), electrical transmission lines, transmission pipes or other rights of way (in fee or easement) within any area shall not be considered as any large area of land not included when determining if an area is contiguous.
      (2)   Central sanitary sewerage facilities and central water facilities shall be required.
      (3)   Thirty percent (30%) of the total land areas must be devoted to open space dedicated to public use or for the exclusive use of residents of the planned unit development. No single park or open space area in a planned unit residential development shall contain less than three acres of contiguous land.
      (4)   In large planned unit residential developments where a school enrollment burden may result from the anticipated increased population, the Planning Commission may require a percentage of the land not to exceed five percent (5%) to be deeded to the school district for use as a school site. If additional school site area is required, then a portion of the open space as required may be deeded to the school district at the discretion of the Planning Commission to supplement the school site area.
      (5)   The housing density of a planned unit residential development shall not exceed eight dwelling units per acre of land excluding land required for open space and school sites. (Ex. 10 acres x 30 percent for open space leaves 7 acres. 7 cards x 8 DU/acre = 56 total units.) Final density will be determined by the Planning Commission taking into consideration the impact of the development on the neighborhood as to traffic, utility availability, and safety.
(Ord. 22-1972. Passed 8-1-72; Ord. 18-06. Passed 7-18-06.)
      (6)   Editor's Note: Former subsection (b) hereof was repealed by Ordinance 23-06, passed July 18, 2006.
      (7)   No single-family lot shall be less than 7,500 square feet or have less than fifty feet of frontage on a public dedicated street. The yards shall comply with the yard requirements of the district in which the development is located including the options for variable lot size, flexible setback and zero lot line (proportionally reduced).
      (8)   Multi-family development shall require a minimum lot size of 4,300 square feet per dwelling unit. All other lot requirements and yard requirements of the R-4 Residential District for multi-family dwellings shall apply to the Planned Unit Residential Development.
      (9)   Off-street parking shall be provided as regulated by Chapter 1183.
      (10)   Developments regulated by this subsection shall conform in all ways to the subdivision regulations of the City.
(Ord. 22-1972. Passed 8-1-72.)
         A.   All Planned Unit Residential Development shall comply with Section 1117.19 of this Planning and Zoning Code.
(Ord. 28-05. Passed 12-6-05.)
      (11)   Any additional conditions deemed necessary by the Planning Commission to safeguard the health, safety, welfare and property values of the community may be imposed.
   Preliminary Plan Requirements. At the time of establishment of a planned unit residential development a general plan for the development of the entire area shall be filed by the owner(s) of the land with the Planning Commission. The general plan (which may be set forth on one or more maps or in one or more instruments) shall have been signed by all owners of property within the entire area to be developed, shall have been drawn to a reasonable scale, shall have been prepared by an architect, engineer, surveyor or planner-in-charge authorized to practice in the State of Ohio, and shall show the following:
      (1)   The boundaries of the entire planned unit residential development.
      (2)   The acreage of the entire planned unit residential development.
      (3)   The topography of the district including contours of no greater vertical interval than two feet.
      (4)   The proposed street system for the development.
      (5)   The location and numbers of spaces of the proposed parking lots within the development.
      (6)   The areas of the district to be used for single-family dwellings and the areas for multi-family dwellings designating the type of multi-family dwellings proposed.
      (7)   The number of dwelling units by type and the number of bedrooms per unit by type.
      (8)   The density by dwelling units per acre not to exceed eight dwelling units per acre of permitted developable land.
      (9)   The projected ultimate population of the development.
      (10)   The area(s) of the district proposed as open space which shall not be less than thirty percent (30%) of the total acreage of the development and no single open space area shall be less than three acres.
      (11)   Descriptive data as to the methods to be employed to preserve and maintain the open space in perpetuity.
      (12)   The location and size of school site(s) proposed which shall not be greater than five percent (5%) of the total acreage of the district. School site(s) being included only if the population of the proposed development would create a school enrollment burden as determined by the Planning Commission prior to development of plans for the project. The location of the site(s) shall be acceptable to the Northwest Local School District.
      (13)   Description and location of proposed water and sewer facilities and the feasibility of extension into the development.
   Final Plan Requirements. Actual development within a planned unit residential development may be accomplished in geographical segments. Each segment shall contain a minimum of ten acres and shall be referred to as an area. Final development plans for the entire project need not be filed before construction is commenced in any area, but a final plan for an area within the project must be filed and approved prior to construction in that particular area. If the entire project is to be constructed at once and not in geographical segments or areas, then the preliminary and final plan may be approved at the same time.
   Prior to final approval of final development plans for any area, such land may be used only for the uses as permitted and regulated by conventional zoning in the residential zone in which the planned unit residential development is located.
   Such final development plan for an area of ten acres or greater must show the following:
      (1)   The area to be developed and the area to be devoted to open spaces for the use of all residents of the area with accurate acreage, courses and distances, as determined by a licensed surveyor who shall sign such plan and certify the accuracy thereof.
      (2)   A title guarantee, prepared by a reputable title company, showing the legal description of the land which has been set aside for open space; and showing appropriate restrictions limiting the use of such land to recreation and open space in perpetuity: either through dedication of land to the City or designating the land for the exclusive use of development residents; and granting owners and residents of the area to be developed a right and easement of use in such open space and designating the responsibilities connected with such right and easement.
      (3)   The location of all buildings, descriptive data as to the type of buildings and the number of dwelling units in each separate type and bedrooms per unit of apartment (multi- family dwelling) buildings.
      (4)   Evidence that the final development plan for an area conforms substantially to the prior approved preliminary plan. Any changes from the preliminary plan must be shown and approved before the final plan is valid.
      (5)   If school site(s) are required, the title to the site(s) shall have been transferred to the local school district or written confirmation shall have been obtained from the School Board that the Board has acquired such legal or equitable interest in the school site(s) as to insure the dedication of the site(s) for school purposes.
      (6)   If the development options of Subsection 126, 127 or 128 hereof are used, the plan shall show the required information.
   116   An integrated planned commercial development which is a grouping of three or more commercial establishments which have common vehicular parking facilities, controlled access to abutting streets, and are developed under a unified site plan, shall be permitted provided the following conditions are met:
      (1)   Only those types of business uses permitted for conventional development in the district shall be permitted in integrated planned business developments.
      (2)   The minimum setback building line shall be 100 feet measured from the street right-of-way line.
      (3)   Side yards and rear yards shall be required only on the perimeter of the planned development and shall be thirty feet except that where the business development is adjacent to a residential zone the side and/or rear yard shall be fifty feet on the side(s) abutting the residential zone only.
      (4)   All points of entrance and/or exit shall be located no closer than 200 feet to the intersection of two thoroughfares.
      (5)   The minimum site size to be considered for an integrated planned shopping development shall be two acres.
   117   All facilities and structures shall meet all County and/or State of Ohio health, building, electrical, other applicable codes and City codes.
   118   All activities, programs and other events shall be adequately and properly supervised so as to prevent any hazard and to assure against any disturbance or nuisance to surrounding properties, residents or to the community in general.
   119   The proposed project shall conform to all requirements and/or conditions as the Planning Commission may deem necessary to meet the following criteria:
      (1)   Vehicular approaches to the property shall be so designed as not to create an interference with traffic on surrounding public streets or roads.
      (2)   Maximum possible privacy for each apartment shall be provided through good design and use of proper building materials and landscaping. Visual privacy should be provided through structural screening and landscaping treatment. Auditory privacy should be provided through sound proofing.
      (3)   The architectural design of apartment buildings should be developed with consideration given to the relationship of adjacent development in terms of building height, mass, texture, line and pattern, and character.
      (4)   Building location and placement should be developed with consideration given to minimizing removal of trees and change of topography.
      (5)   T.V. antenna shall be centralized.
      (6)   On-site circulation shall be designed to make possible adequate fire and police protection.
      (7)   In large parking areas, visual relief shall be provided through the use of tree planted and landscaped dividers, islands and walkways. No parking or service areas shall be permitted between any street and the main building.
      (8)   Paved off-street parking and service areas shall be required; parking spaces shall contain at least 200 square feet and shall be provided at the rate of two spaces per dwelling unit in each apartment building; all parking and service areas shall be paved with concrete, asphalt or equivalent, and shall be no closer than twenty feet from any residential structure. Paved vehicular access drives of at least ten feet in width shall be required for parking areas of ten vehicles or less capacity, and two-way drives of twenty feet paving width minimum shall be required for parking areas of eleven or more vehicle capacity.
      (9)   The property must be served by centralized sewer approved by the State and County Health Departments and operated and maintained according to the inspection and rules of the Stark County Health Department.
   120   No zoning certificate shall be issued until final site plans have been submitted and approved by the Planning Commission. Such site plans shall show the following: drainage (including storm water), and approved by the City Engineer, location of all buildings, fuel tanks (if any), off-street parking and service facilities, water supply, sanitation, walks, fences, walls, landscaping, outside lighting, traffic flow and its relation to abutting streets. No zoning certificate shall be issued until the approval by the State and County Health Departments has been obtained concerning the proposed sanitary sewerage facilities.
   121   The design and construction of all access drives, access points to public streets, and parking and service areas shall be approved by the Planning Commission.
   122   A performance bond or other financial guarantee acceptable to Council shall be placed with the Zoning Inspector to insure that the landscaping be installed, that the hard- surfacing of the access drives and parking and service areas be installed and that adequate storm water drainage be installed, all in accordance with Council's and the Planning Commission's approved plans.
   123   All activities, except those required to be performed at fuel pumps, shall be carried on inside a building; if work is performed on a vehicle, such vehicle shall be entirely within a building.
   124   In the interests of the health, safety, general welfare and the protection of property values of the community, the area and adjoining land uses, the Planning Commission may require any conditions deemed necessary; and in regard to an industrial operation whose effects on adjacent premises, the area or the community are not readily known, the Commission may seek expert advice on what conditions should be imposed on the particular industrial operation to reasonably modify any injurious or offensive effects likely to result from such an operation. The cost of securing such expert assistance shall be borne by the applicant.
   125   All structures and activity areas should be located at least 100 feet from all property lines.
   126   Upon issuance of a conditional zoning certificate by the Planning Commission stating the desire to vary individual lot sizes, varying individual lots sizes may be permitted provided that the overall density requirements of the zoning district or districts within which the project is located are not exceeded. The average net area of all lots within a variable lot size development shall not be less than the minimum lot size within which the development is located.
(Ord. 22-1972. Passed 8-1-72.)
      (1)   Minimum lot sizes for variable density development shall be:
   R-1         12,000 sq. ft. with centralized sewer and water
   R-2         Single-family         12,000 sq. ft. with centralized water and sewer
            Two-family         10,000 sq. ft. with centralized water and sewer
   R-3         Single-family         12,000 sq. ft. with centralized water and sewer
            Two-family         10,000 sq. ft. with centralized water and sewer
            Multi-family         15,000 sq. ft., plus 2,000 sq. ft. for each dwelling unit over three with centralized water and sewer
(Ord. 21-05. Passed 9-6-05.)
      (2)   Unless otherwise specified during subdivision review, minimum yard and frontage requirements for each lot in a variable density development may be reduced in proportion to the total reduction in lot size below the standard zoning requirements for the zone in which the lot is located.
      (3)   Each variable lot size development shall consist of a minimum of three acres.
   127   Upon issuance of a conditional zoning certificate by the Planning Commission stating the desire to use flexible setbacks, the front yard setbacks in a residential subdivision may be varied to allow an average setback of thirty-five feet throughout such subdivision and meeting the following requirements:
      (1)   The minimum front yard setback allowed will be twenty-five feet.
      (2)   The building setbacks of lots adjacent to existing structures must conform to the setback of the existing structures except in the extension of an existing flexible setback subdivision.
      (3)   The flexible setback option is applicable only to a platted subdivision.
      (4)   Review of a flexible setback subdivision by the Planning Commission will include consideration of the flexible setbacks as a condition for approval of the subdivision. Subdivision approval and flexible front yard setback approval may take place concurrently.
      (5)   Upon approval of the flexible front yard setback, such setback lines will be placed on the subdivision map and filed with the Zoning Inspector.
      (6)   At the time of filing, the approved flexible front yard setback lines will become binding to each lot as they appear on the final subdivision map.
   128   Upon issuance of a conditional zoning certificate by the Planning Commission stating the desire to develop a zero lot line subdivision, a subdivision may be developed eliminating the side yard requirement and permitting residential dwellings to be built on the side yard lot line of each lot in a subdivision provided the following requirements are met:
      (1)   The zero lot line option is applicable only to a platted subdivision.
      (2)   No part of the structure shall project into the adjacent yard.
      (3)   Each home in the subdivision will be placed as near the right or left lot line as the furthest structural projection will permit. The lot line chosen will be adhered to around an entire block within the subdivision.
      (4)   Lots adjacent to existing structures are eligible for zero lot line only if the lot line furthest from the existing structure is used. If this is not possible, the side yard restrictions of the zone or zones in which the subdivision is being built must be adhered to for all those lots adjacent to existing structures. This does not apply to the extension of an existing zero lot line subdivision.
      (5)   Review of a zero lot line subdivision by the Planning Commission will include consideration of the zero lot line option as a condition for approval of the subdivision. Subdivision approval and zero lot line approval may take place concurrently.
      (6)   Upon approval of the zero lot lines, such zero lot lines will be placed on the subdivision map and filed with the Planning Commission.
      (7)   At the time of filing, the approved zero lot lines will become binding to each lot as they appear on the final subdivision map.
      (8)   The entire subdivision must have an agreement of cooperation between property owners granting permission to enter the property adjacent to the zero lot lines for safety purposes and performance of necessary maintenance.
   129   A mobile home for residential purposes may be permitted by the Planning Commission under a conditional use permit subject to the following purposes, requirements and conditions:
      (1)   For the purpose of providing housing in a mobile home for the immediate members of the family residing in a dwelling already constructed on the lot, and for the following circumstances only:
         (a)   In case of fire, flood, storm or any similar act of God which destroys the present dwelling, a mobile home may be permitted for a period not to exceed one year.
         (b)   For the purpose of permitting the immediate members of the family to reside in a mobile home may be permitted for a period not to exceed one year.
      (2)   All mobile homes shall have adequate health facilities including running water and toilet facilities inside the mobile home connected to an approved sanitary sewerage system.
      (3)   The required health facilities may be connected to available approved facilities of a permanent residence or business.
      (4)   If no approved facilities are available, the same must be established and must conform to the health requirements as regulated by the Stark County General Health District.
      (5)   Only one mobile home may be permitted at any existing residence and it must be located in the rear yard directly in back of the permanent residence and must conform to all yard setback requirements.
      (6)   Mobile homes shall have a maximum of 500 square feet of living space.
      (7)   A permit shall be required for every mobile home and shall be for a period not to exceed one year beginning at the time of issuance of such permit and may be renewed annually upon approval by the Planning Commission and subject to Chapter 143.
   Should the emergency or hardship be relieved during the permit year, the permit may be revoked after thirty days notice and the trailer must be removed. The proportion of the unused permit year shall be the basis for return of permit fees charged for the total year.
   130   In areas adjoining the Flood Plain District lying at sea level elevations between 952 and 957 feet, all residential, commercial, industrial and public structures shall be floodproofed to prevent water damage to the building and its contents. The 957 foot elevation at the Market Street Bridge marks the Standard Project Flood level which, according to the U.S. Army Corps of Engineers, is the highest conceivable flood in Canal Fulton, based on meteorological and hydrological data for the Tuscarawas River Valley. Floodproofing and other flood protection measures should be allowed only upon issuance of a special use permit by the Planning Commission.
      (1)   Residential Areas. In residential structures the first floor finished surface shall be above 957 feet (Standard Project Flood). If placed on fill, the fill shall be above 952 feet (Intermediate Regional Flood). The fill should extend at such elevation at least fifteen feet beyond the limits of any structure or building erected thereon.
      (2)   Commercial Areas. Commercial buildings or structures generally should be raised with no first floor or nonfloodproofed portions of the basement floor below the flood protection elevation. Accessory land uses such as yards, railroad tracks and parking lots may be at lower elevations. However, in the absence of an adequate local flood warning system, no area should be designed for use by the public which would be inundated to a depth greater than two feet or subjected to flood velocities greater than four feet per second upon the occurrence of the regional flood.
      (3)   Manufacturing and Industrial Areas. Manufacturing and industrial buildings, structures and appurtenant works should be raised or floodproofed to the flood protection elevation. Measures should be taken to minimize interference with normal plant operations especially for streams having protracted flood durations. Certain accessory land uses such as yards, railroad tracks and parking lots may be at lower elevations.
      (4)   Public Utilities, Roads and Bridges. Public utilities facilities, roads, railroad tracks and bridges within the regulatory flood plain should be designed to minimize increases in flood elevations and should be compatible with existing local comprehensive flood plain development plans. When failure or interruption of these public facilities would result in danger to the public health or safety or where such facilities are essential to the orderly functioning of the area, elevating or floodproofing to the flood protection elevation should be provided. Where failure or interruption of service would not endanger life or health, a lesser degree of protection may be provided for minor or auxiliary roads, railroad tracks or utilities. Any structure constructed by State agencies or local units of government should comply with the regulations.
      (5)   Storage of Materials. Material that, in time of flooding, are buoyant, flammable, explosive or could be injurious to human, animal or plant life should be stored at or above the flood protection elevation, floodproofed, or protected by structural measures consistent with the standards set forth herein. Furthermore, storage of materials likely to cause pollution of the water, as defined by Ohio law, if subject to flooding, are prohibited unless adequate safeguards approved by the State water pollution control agency are provided.
(Ord. 22-1972. Passed 8-1-72.)
   131   Group homes and family homes shall be permissible when the following conditions are met:
   (a)   Such facility shall be architecturally compatible with other residential dwellings in the immediate neighborhood and shall maintain the same degree of compatibility in the future (an improvement required by Code for access to or exit from the building shall not be deemed incompatible merely because surrounding buildings lack such facilities).
   (b)   Such a facility shall require no special off-street parking facilities.
   (c)   Such a facility shall generate no traffic unreasonably greater in volume or different in nature than would otherwise normally occur in the neighborhood in which it is located.
   (d)   Group homes shall be occupied by no more than sixteen residents, exclusive of staff, limited by the size of the existing or proposed building and its allocations of space for sleeping quarters.
   (e)   Family homes shall be occupied by no more than eight residents, exclusive of staff, limited by the size of the existing or proposed building and its allocation of space for sleeping quarters.
   (f)   Such a facility shall utilize for resident sleeping no more than thirty-five percent (35%) of the minimum net floor area for sleeping quarters.
   (g)   No identification sign other than required house numbers shall be erected on such a facility.
   (h)   Such a facility shall be located no closer to another residential social service facility; to any institution similar in nature but occupied by more than sixteen residents; or to a nursing home, rest home or home for the aging; than 1,000 feet measured on a straight line radius from the building so used to the building proposed to be used.
   (i)   There shall be no more than two such facilities located within one precinct of the City.
   (j)   Such a facility, prior to occupancy and continuously thereafter, shall:
      (1)   Be licensed or certified by a Federal, State, or local agency which requires potential residents.
      (2)   Comply with all applicable City Code requirements.
(Ord. 36-85. Passed 10-15-85.)
   132   No entrances or exits to or from first floor apartments shall be permitted from streets in the business district used primarily for business. Access to apartments shall be from side streets or alleys. First floor apartments shall not occupy the entire front one-third of a building facing a street used primarily for business purposes. The front one-third of the building shall be reserved for business purposes only.
(Ord. 7-91. Passed 4-2-91.)
   133   Outdoor dining on public property shall be permissible when the following conditions are met:
   (a)   Tables, chairs and furnishings shall be arranged so as not to interfere with pedestrian movement on sidewalks, ingress into or egress from buildings, or otherwise interfere with the proper and safe movement of people or vehicles on City streets, alleys, rights of way or other municipally owned property.
   (b)   Tables, chairs and furnishings shall be arranged so as not to obstruct the view of adjacent businesses unless the owners of such businesses have no objections to such obstruction.
   (c)   A Certificate of Appropriateness for tables, chairs and furnishings must be obtained from the Historic Preservation Commission for outdoor dining in the Historic District.
   (d)   Prior to commencing outdoor dining activities, the applicant must submit to the Law Director a Certificate of Insurance naming the City as certificate holder and additional insured. Minimum general liability coverage limits shall be as follows:
         $1,000,000 occurrence/$2,000,000 aggregate.
   (e)   Outdoor electrical installations must comply with the National Electrical Code.
   (f)   All required permits are obtained from the Stark County Health Department.
   (g)   Provisions are made for trash disposal and litter control.
(Ord. 45-94. Passed 8-16-94.)