Accessory building: a detached subordinate building situated on the same lot with the main building and used for an accessory use.
Accessory structure: a structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal structure.
Accessory use: a subordinate use of a building, other structure or use of land: which is clearly incidental to the use of the main building, other structure or use of land; customary in connection with the main building, other structure or use of land; and located on the same zoned parcel with the main building, other structure or use of land.
Adult Arcade: any place to which the public is permitted or invited where one or more video booths and/or live viewing booths are available to patrons where the images shown and/or live entertainment presented are characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas.
Adult cabaret: a nightclub, bar, restaurant or similar commercial establishment that regularly features:
(a) Persons who appear in areas of the establishment open to patrons in a state of nudity or semi-nudity so as to expose to view specified anatomical areas; or
(b) Live entertainment, exhibition, performance or dance by persons whose entertainment, exhibition, performance or dance is characterized by the depiction or description of specified anatomical areas or specified sexual activities; or
(c) Adult media.
Adult Media: magazines, books, photographic reproductions, videotapes, movies, slides, compact discs in any format (e.g., CD-ROMs, cd-r, cd-rw), digital video discs in any format (e.g. DVD), other devices used to reproduce or record computer images, or other print, video, film, electronic, computer-based, analog, or digital media characterized by an emphasis on matter, whether simulated or real, depicting, describing or related to specified sexual activities or specified anatomical areas.
Adult Media Store: an establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portions of its interior business or advertising, or maintains a substantial section of its sales or display space to the sale or rental for any form of consideration of any adult media.
Adult Model Studio: is any establishment open to the public where a person who appears nude or semi-nude or who displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed or otherwise depicted by other persons who pay money or any form of consideration. "Adult model studio" shall also include any establishment which offers for sale or viewing any apparel or other items which are displayed by models who appear in person in a state of nudity or semi-nudity. Adult model studio shall not include:
(a) A proprietary school licensed by the State of Ohio, or a college or university;
(b) A private college or university; or
(c) A structure which has no sign visible from the exterior of the structure and no other advertising that indicates a model is available for viewing; where in order to participate in a class a student must enroll at least three days in advance of the class; and where no more than one nude or semi-nude model is on the premises at any one time.
Adult Motel: a hotel, motel or similar commercial establishment which offers accommodations to the public for any form of consideration; and provides patrons with closed-circuit television transmissions, films, motion pictures, video cassettes, slides, compact discs in any format, digital video discs in any format or other photographic reproductions or computer images which are characterized by the depiction or description of specified sexual activities or specified anatomical areas; and has a sign visible from the public right of way which advertises the availability of this of matter.
Adult (motion picture) Theater: a commercial establishment occupying a building or portion of building (including any portion of a building which contains more than 100 square feet) where, for any form of consideration, films, motion pictures, video cassettes, slides, compact discs in any format (e.g., CD-ROM, cd-r, cd-rw), digital video discs in any format (e.g., DVD), other devices used to reproduce or record computer images, or similar photographic reproductions or other projected images are consistently and regularly shown, if such images presented, are predominantly characterized by the depiction or description of specified sexual activities or specified anatomical areas for observation by patrons.
Adult novelty store: an establishment which has a significant or substantial portion of its stock-in-trade or derives a significant or substantial portion of its revenues or devotes a significant or substantial portion of its interior business or advertising or maintains a substantial section of its sales or display space to the sale or rental, for any form of consideration, of any one or a combination of any of the following:
(a) Instruments, devices or paraphernalia which are designed for use or marketed primarily for stimulation of human genital organs or for sadomasochistic use or abuse of themselves or others; or
(b) Adult media, sexually oriented novelties or toys, or apparel or other items marketed or presented in a context to suggest their use for sadomasochistic practices.
Adult theater: a theater, concert hall, auditorium or similar commercial establishment that regularly features persons who appear in a state of nudity or semi-nudity, live performances which are characterized by the depiction or description of specified anatomical areas, specified sexual activities or live entertainment that is characterized by an emphasis on the depiction or description of specified anatomical areas, or specified sexual activities.
Active Use: Those uses that generate customer or visitor traffic such as retail, restaurants, personal services, offices, residential uses, and building lobbies. Uses that are not considered active uses include, but are not limited to, non-habitable spaces, hallways, storage, mechanical, utility spaces, trash rooms or areas, loading docks, parking, or similar.
Alley: any public or private roadway affording only secondary means of access to abutting property.
Alternative Energy Systems: Structures, equipment, devices or construction techniques used for the production of heat, light, cooling, electricity or other forms of energy on site and may be attached to or separate from the principal structure.
Appeal: a request for a review of the Zoning Inspector's interpretation of any provision of this ordinance or a request for a variance.
(Ord. 147-2018. Passed 7-2-18.)
Awning: A cloth, plastic, or other nonstructural covering that projects from a wall for the purpose of shielding a doorway or window. An awning is either permanently attached to a building or can be raised or retracted to a position against the building when not in use.
(Ord. 25-2019. Passed 2-25-19.)
Base flood: the flood having a one percent (1%) chance of being equaled or exceeded in any given year. The base flood may also be referred to as the one percent (1%) chance annual flood or one hundred (100) year flood.
Base (100-Year) Flood Elevation (BFE): the water surface elevation of the base flood in relation to a specified datum, usually the National Geodetic Vertical Datum of 1929 or the North American Vertical Datum of 1988, and usually expressed in Feet Mean Sea Level (MSL). In Zone AO areas, the base flood elevation is the natural grade elevation plus the depth number (from 1 to 3 feet).
Basement or cellar: a portion of a building having more than one-half of its height below the average grade of the adjoining ground. That portion extending above the average grade shall be considered applicable for the purpose of height regulations. (See Illustration #1)
Billboard or off-premise sign: a sign unrelated to a business or profession conducted, or to a commodity or service offered on the premises where such sign is located.
Blank Wall: A wall without fenestration.
Block: The aggregate of private lots, pedestrian passages, and alleys circumscribed by street right-of-ways (ROWs).
Board: The Board of Zoning Appeals of the City of Canton as provided for in this Zoning Ordinance.
Boarding, lodging or rooming house: a building in which one or more rooms are occupied by one to ten persons, or in which one or more rooms are kept, used, advertised, offered or maintained for the purpose of providing sleeping accommodations to persons for considerations. In addition to sleeping accommodations, laundry services may be provided by such house. A boarding, lodging or rooming house is not a hotel or motel as found in Chapter 1353 of these Codified Ordinances; nor is it a nursing home, rest home or home for the aging as defined in Ohio R.C. Chapter 3721.
Boarder, lodger or roomer: a transient or non-transient person who is not a member of the family, nor related by blood, marriage or legal adoption to the operator of the house.
Building: any structure having a roof supported by columns or walls, and used or intended to be used for the shelter, housing, protection or enclosure of persons, animals or property. (
Building - Integrated Photovoltaic System: A solar energy system that consists of integrating photovoltaic modules into the building structure, such as the roof or the facade and which does not alter the relief of the roof.
Build-to Line: The front lot line.
Building, Height of: is determined by measuring the tallest point of the structure's roof to the curb level. Where a building is located on sloping terrain, the height may be measured from the tallest point of the structure's roof to the average ground level at building wall.
(See Illustration #1)
Measure Average Grade Diagram
Building line: the line defining the minimum front, side and rear yard requirements outside of which no building may be located, except as provided herein.
(See Illustration #2)
Building Line and Setbacks Diagram
Business complex: a commercial or industrial development that contains more than one business on a commercial or industrial parcel. (Ord. 147-2018. Passed 7-2-18.)
Canopy: A structure other than an awning made of fabric, metal, or other material that is supported by columns or posts affixed to the ground and may also be connected to a building.
(Ord. 25-2019. Passed 2-25-19.)
Carport: a covered automobile parking space not completely sided by walls or doors. A carport shall be subject to all the provisions prescribed in this Zoning Ordinance for a private garage or accessory building.
Certificate of compliance: the certificate issued by the Zoning Inspector to the Building Inspection Department stating that upon the date of inspection, all work completed was in accordance with the Zoning Ordinance.
Child day care center: any establishment which provides shelter, care, activity and supervision with or without academic instructions for three or more children between birth and six years of age.
Church: any church, synagogue, mosque, temple or building which is used primarily for religious worship and related religious activities.
Clinic: an establishment where patients who are not lodged overnight are admitted for examination and treatment by a group of physicians practicing medicine together.
Collocation: the use of a wireless telecommunications facility by more than one wireless telecommunications provider.
Commercial parking lot: an area used for the storage of motor vehicles on a daily, weekly, monthly or yearly basis and not for parking to serve a particular use on the property. A commercial parking lot must be hard surfaced and striped.
Commission: The City Planning Commission.
Conditional use: a conforming use of buildings and/or land which, by the nature of it would not be allowed generally or without restrictions throughout the zoning districts, but which, if controlled as to number, area, location or relation to the neighborhood would promote the public health, safety, welfare, other comforts, convenience, appearance, prosperity or general welfare. Such uses may be permitted in such zoning districts as conditional uses, but require approval by the Board of Zoning Appeals as set forth in Section 1195.05(c) and Chapter 1198, in order to determine their effect upon existing adjacent uses.
Coldframe: An unheated outdoor structure consisting of a wooden or concrete frame and a top of glass or clear plastic, used for protecting seedlings and plants from the cold.
Convalescent home, nursing home or extended care facility: a rest home for the aged, mentally or physically infirmed conducted within any building, institutional residence or home used for the reception and care, for a consideration, of three or more persons who by reason of an aforementioned infirmity 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.
Council: The City Council.
Court: an unoccupied space, other than a yard, on the same lot with a building, open and unobstructed from the lowest level to the sky.
Court, Outer: an open, outdoor space enclosed on at least two sides by exterior walls of a building or by exterior walls and property lines on which walls are allowable, with one side open to a street, driveway, alley or yard.
Court, Inner: an open, outdoor space enclosed on all sides by exterior walls and property lines on which walls are allowable
Court, Width of: the least horizontal dimension of a court at its lowest level.
Curb level: the elevation at the top of the curb or the established curb grade opposite the center of the building or portion thereof under consideration. Where no curb level has been established, the established grade of the street at the center of the traveled portion of the street in front thereof shall be considered the equivalent of the curb level. Where the building does not adjoin the street the average elevation of the proposed grade line of the ground immediately adjacent to the building, as shown on the building plans, shall be considered as the curb level.
Density: a unit of measurement; 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 number of dwelling units per acre of land when the acreage involved includes only the land devoted to residential uses.
Development: any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials.
District: a portion of the territory of the City, within which certain regulations and requirements or various combinations thereof apply under the provisions of this Zoning Ordinance. The terms "FW District" (Floodway), "MA District" (Municipal Agriculture), "UG District" (Urban Garden), "CS District" (Community Service) and "OS District" (Open Space) are exclusive; the term "R District" (Residential) means any R-1, R-1a, R-1b, R-1c, R-1d, R-2, R-3, R-4 or R-5 District; the term "B District" (Business) means any B-1, B-2, B-3, B-4, B-5 or B-6 District; the term "HOFV District" (Hall of Fame Village) means regulations and requirements used singularly and solely in conjunction with the area and lands designated as the Hall of Fame Village; the term "I District" means any I-1 Light Industrial or I-2 Heavy Industrial District. The term FH (Flood Hazard), LWO (Live-work), PO (Pedestrian Overlay) and UFO (Urban Form Overlay) are Overlay Districts to be used in conjunction with an R, B or I District.
The sequence of district restrictiveness is as follows. Each of the districts in the following listing shall be deemed to be more restricted than any other district succeeding it, and each shall be deemed to be less restricted than any other district preceding it: FH, FW, OS, MA, UG, R-1, R-1a, R-1b, R-1c, R-1d, R-2, R-3, R-4, R-5, CS, LWO, B-1, B-2, B-3, B-4, B-5, B-6, HOFV, PO, UFO, and I-1 and I-2; i.e. R-1 is more restricted than R-2.
The letter P preceding any of the above district designations indicates that it is a Planned District; for example, PR-1 is a Planned Single-Family District.
Drive-in eating and drinking establishments: eating and drinking establishments, the main function of which is to make provisions for and to encourage the consumption of food or beverages, mainly in automobiles, whether by means of self-service or by service from personnel employed by the establishment; and where such consumption takes place in automobiles parked on the premises.
Dwelling: any building, or portion thereof, which is designed for or used for residential purposes; including one and two-family and multi-family, but not including a tent, tourist cabin, trailer, trailer coach, hotels, motels, boarding houses or lodging houses.
Dwelling unit: a group of rooms arranged, maintained or designed to be occupied by a single-family (see definition of family), and consists of a complete bathroom, complete kitchen or kitchenette; and facilities for living, sleeping and eating. All of the facilities are to be located in contiguous rooms and used exclusively by such family and by any authorized persons occupying such dwelling unit with the family.
Dwelling, Single-family: a building designed for or used exclusively for residence purposes by one family.
Dwelling, Two-family: a building designed for or used exclusively for residence purposes by two families living independently of each other.
Dwelling, Multi-family: a building designed for or used for residence purposes by three or more families living independently of each other.
Electronic message center: a sign or portion thereof on which the copy changes automatically and is displayed through electrical or electronic means.
Employees: For off-street parking and loading purposes as covered by this Zoning Ordinance, "number of employees" means the greatest number of persons to be employed in the building in question during any season of the year, at any time of the day or night.
Enclosure Wall: Wall, gate or door or any combination of these separating private property from public property or easement.
Entertainment club: commercial premises which are open to the public, the primary function of which is to offer patrons an opportunity to engage in social activities including, but not limited to, dancing, or the enjoyment of live or prerecorded music, or the enjoyment of entertainment provided by dancers or other performers. As an incidental function, an entertainment club may sell and serve food and beverages to its patrons.
Escort agency: a person or business association who furnishes, offers to furnish, or advertises to furnish escorts as one of its primary business purposes for a fee, tip or other consideration.
Escort: a person who, for consideration, agrees or offers to act as a companion, guide or date for another person or who, for consideration, agrees or offers to privately model in a state of nudity or semi-nudity or to perform a striptease for another person.
Executive Order 11988 (Floodplain Management): the order issued by President Carter in 1977. This order requires that no federally assisted activities be conducted in or have the potential to affect identified special flood hazard areas, unless there is no practicable alternative.
Family: one (1) or more persons functioning as members of a cohesive household, occupying a dwelling unit and living as a single housekeeping unit. This is to be distinguished from persons in a boarding house, fraternity house, sorority house, short-term rental, lodging house, motel, hotel, rooming house, or home for juvenile or released offenders.
Federal Emergency Management Agency (FEMA): the agency with the overall responsibility for administering the National Flood Insurance Program.
Fences or walls: any structure not an integral part of a building, composed of wood, steel, iron, masonry, stone, plastic, vinyl or other material erected in such a manner and positioned as to enclose or partially enclose any property or part thereof.
Fenestration: Windows, doors, openings, openwork gates.
Fill: a deposit of earth material placed by artificial means.
Flood or flooding: a general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters and/or the unusual and rapid accumulation or runoff of surface waters from any source.
Flood Hazard Boundary Map (FHBM): usually the initial map, produced by the Federal Emergency Management Agency, or U.S. Department of Housing and Urban Development, for a community depicting approximate special flood hazard areas.
Flood Insurance Rate Map (FIRM): an official map on which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has delineated the areas of special flood hazard.
Flood Insurance Study (FIS): the official report in which the Federal Emergency Management Agency or the U.S. Department of Housing and Urban Development has provided flood profiles, floodway boundaries (sometimes shown on Flood Boundary and Floodway Maps), and the water surface elevations of the base flood.
Flood Protection Elevation (FPE): the base flood elevation plus two (2) feet of freeboard. In areas where no base flood elevations exist from any authoritative source, the flood protection elevation can be historical flood elevations, or base flood elevations determined and/or approved by the Floodplain Administrator.
Floodway: the channel of a river or other watercourse and the adjacent land areas that have been reserved in order to pass the base flood discharge. A floodway is typically determined through a hydraulic and hydrologic engineering analysis such that the cumulative increase in the water surface elevation of the base flood discharge is no more than a designated height. In no case shall the determined height be more than one foot at any point within the community. The floodway is an extremely hazardous area, and is usually characterized by any of the following: moderate to high velocity flood waters, high potential for debris and projectile impacts, and moderate to high erosion forces.
Floor Area: (to be used in calculating parking and loading requirements) 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. For the purpose of these regulations, floor area shall not include stairs, washrooms, elevator shafts, maintenance shafts and rooms, storage spaces, display windows, fitting rooms and similar areas.
(Ord. 147-2018. Passed 7-2-18.)
Foot-candle: A unit of incident light (on a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. foot candle or light meter. One (1) foot-candle is equal to one (1) lumen per square foot.
Foot-lambert: A unit of emitted light (from a surface) stated in lumens per square foot and measurable with an illuminance meter, a.k.a. foot-candle or light meter. One (1) foot-lambert is equal to one (1) lumen per square foot.
(Ord. 25-2019. Passed 2-25-19.)
Freeboard: a factor of safety usually expressed in feet above a flood level for the purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, obstructed bridge openings, debris and ice jams, and the hydrologic effect of urbanization in a watershed.
Frontage: 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.
Frontage Build-out: The portion of the principal and secondary street frontage containing a building.
Garage: a building or structure or portion thereof used for housing or repairing motor vehicles. The following subsections define types of garages as used in this Zoning Ordinance:
Garage, Private: an accessory building or portion of a main building designed or used solely for the storage of motor-driven vehicles, boats and similar vehicles, owned and used by the occupants of the building to which it is accessory.
Garage, Public: a principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no service shall be provided for remuneration.
Garage, Repair: a building and premises which may be designed and intended for some or all of the premises indicated under "service station," and also for major mechanical repairs and bodywork, provided that body work shall be conducted within fully enclosed buildings and that vehicles not in safe operating condition shall be stored in a fully enclosed building.
Grade: the ground elevation established for the purpose of regulating the number of stories and the height of buildings. The building grade shall be the level of the ground adjacent to the walls of the building if the finished grade is level. If the ground is not entirely level, the grade shall be determined by averaging the elevation of the ground for each face of the building.
Greenhouse: A building made of glass, plastic, or fiberglass in which plants are cultivated.
Gross public floor area: the total area of the building accessible or visible to the public, including showrooms, motion picture theaters, motion picture arcades, service areas, behind-computer areas, storage areas visible from such other areas, restrooms (whether or not labeled "public"), areas used for cabarets or similar shows (including stage areas), plus aisles, hallways and entryways serving such areas.
Habitable Space: Building space, the use of which involves human presence within view of the public pedestrian space.
Hedge: any row, line or cluster of shrubs and/or plants placed close together so as to form a continuous and intermingled growth.
High-rise apartment: a multiple-family dwelling with not less than five stories above the ground level of the principal entrance.
(Ord. 147-2018. Passed 7-2-18.)
Halo Illumination: A sign using a 3-dimensional message, logo, etc., with an opaque sign face which is lit in such a way as to produce a halo effect. (Also known as back-lit illumination)
(Ord. 25-2019. Passed 2-25-19.)
Historic Structure: any structure that is Listed individually in the National Register of Historic Places (a listing maintained by the U.S. Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listings on the National Register; certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district; or individually listed on the State of Ohio's inventory of historic places maintained by the Ohio Historic Preservation Office.
Home occupation: an occupation which offers skilled services to clients and one which does not engage in the purchase or sale of economic goods and is conducted in a dwelling unit, provided a conditional use permit is obtained from the Board of Zoning Appeals.
Hoophouse: A structure made of PVC piping or other material covered with translucent plastic, constructed in a "half-round" or "hoop" shape.
Hotel or motel: a building in which lodging or boarding and lodging are provided and offered to more than ten persons for compensation. As such, it is open to transient guests, as distinguished from a boarding house or a lodging house.
Human-scaled Materials: Defined as twelve inch (12") maximum width in either the vertical or the horizontal dimension. The other dimension is unlimited. Examples include brick, stone, wood, fiber-cement lap siding, terra cotta, or similar materials.
Hydrologic and hydraulic engineering analysis: an analysis performed by a professional engineer, registered in the State of Ohio, in accordance with standard engineering practices as accepted by FEMA, used to determine flood elevations and/or floodway boundaries.
(Ord. 147-2018. Passed 7-2-18.)
Illumination: A source of any artificial or reflected light, either directly from a source of light incorporated in, or indirectly from an artificial source.
(a) External Illumination: Artificial light, located away from the sign, which lights the sign, the source of which may or may not be visible to persons viewing the sign from any street, sidewalk, or adjacent Property.
(b) Internal Illumination: A light source that is concealed or contained within the sign and becomes visible in darkness through a translucent surface. Message center signs, digital displays, and signs incorporating neon lighting shall not be considered internal illumination for the purposes of this ordinance.
(Ord. 25-2019. Passed 2-25-19.)
Integrated shopping center: a retail business area composed of a concentrated grouping of stores, shops and other uses, ordinarily planned and/or built in one or more structures as an integrated unit.
Junk: old or scrap copper, brass, rope, rags, batteries, paper, rubber, dismantled or wrecked vehicles or parts thereof, appliances or parts thereof, iron, steel, and other old or scrap ferrous or nonferrous materials, used lumber, building materials, or other wood products which are held for sale, reuse or re-melting purposes.
Junk yard, junk building or junk shop: any land, property, structure, building or combination of the same on which junk is stored or processed.
Lattice tower: a support structure constructed of vertical metal struts and cross braces forming a triangular or square structure which often tapers from the foundation to the top.
Letter of Map Change (LOMC): an official FEMA determination, by letter, to amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, and Flood Insurance Studies. LOMCs are broken down into the following categories:
Letter of Map Amendment (LOMA): A revision based on technical data showing that a property was incorrectly included in a designated special flood hazard area. A LOMA amends the current effective Flood Insurance Rate Map and establishes that a specific property is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that, usually due to manmade changes, shows changes to flood zones, flood elevations, floodplain and floodway delineations, and features. One common type of LOMR, a LOMR-F, is a determination concerning whether a structure or parcel has been elevated by fill above the base flood elevation and is, therefore, excluded from the special flood hazard area.
Letter of Map Revision, Conditional (CLOMR): A formal review and comment by FEMA as to whether a proposed project complies with the minimum National Flood Insurance Program floodplain management criteria. A CLOMR does not amend or revise effective Flood Insurance Rate Maps, Flood Boundary and Floodway Maps, or Flood Insurance Studies.
(Ord. 147-2018. Passed 7-2-18.)
Light Manufacturing: The assembly, packaging, or manufacturing of products from previously prepared materials, the process of which does not create and emit fumes, odors, gases, smokes, vapors, dust, vibrations, noise, glare, refuse matter, liquid wastes, or other factors which are regarded as nuisances, obnoxious by reason, offensive by reason of the creation or emittance of such, or which would cause adverse effects to the users of adjacent land; and the process of which is wholly confined to an entirely enclosed building. This use could include but not be limited to incidental storage, packaging, and sales. Additionally, this use could include but not be limited to wholly interior warehousing and storage.
(Ord. 104-2022. Passed 4-25-22.)
Light Trespass: Light emitted by a lighting installation, which extends beyond the boundaries of the Property on which the installation is sited.
Limited Duration Sign: A non-permanent sign that is displayed on private property for more than 30 days, but not intended to be displayed for an indefinite period.
(Ord. 25-2019. Passed 2-25-19.)
Liner Building: A building that is placed between a street line and off-street parking in order to screen the parking from the public ROW.
Limited Lodging: means the conditional or permitted use of all or part of a dwelling unit, as defined by dwelling, multi-family, by rental or temporary occupancy for dwelling, sleeping, or lodging. Limited lodging includes the arrangement of such rental by the owner through a booking agent in connection with an "AirBnB" or similar internet site, any other type of advertising or notification, a bed and breakfast, or similar agreement.
Live-Work Unit: a room or rooms used by a single household both as a dwelling unit and as a "Work Space," as defined herein, where such Work Space occupies at least fifty percent (50%) of the unit's total floor area. The living space of a Live-Work unit shall contain a kitchen area and sanitary facilities.
Lot: a parcel of land of at least sufficient size to meet zoning requirements for use, coverage and area, and to provide such yards and other open space as are herein required. Such lot shall have a frontage on a public or private street conforming to City standards, and may consist of: a single lot of record; a portion of a lot of record; a combination of complete lots of record and portions of a lot of record; or a parcel of land described by metes and bounds. However, in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Zoning Ordinance.
Lot, Corner: a lot located at the intersection of two or more streets. A lot abutting on a curved street or streets shall be considered a corner lot if straight lines drawn from the foremost points of the side lot lines to the foremost points of the lot meet at an interior angle of less than 135 degrees.
Lot Frontage: The front of a lot shall be construed to be the portion nearest the street. For the purpose of determining yard requirements on corner lots and through lots, frontage and yards shall be provided as indicated and defined in this Chapter 1131.
Lot Frontage, Reversed: a lot on which frontage is at right angles to the general pattern in the area. A reversed frontage lot may also be a corner lot. (See illustration #4)
Lot, Interior: a lot other than a corner lot with only one frontage on a street.
Lot Lines: the property lines defining the limits of a lot.
Lot Line, Front: the line separating a lot from the street on which the lot fronts.
Lot Line, Rear: the lot line opposite and most distant from the front lot line.
Lot Line, Side: 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.
Lot Measurements: A lot shall be measured as follows: Depth of a lot shall be considered to be the distance between the mid-points of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Width of a lot shall be considered to be the distance between straight lines connecting front and rear lot lines at each side of the lot, measured across the rear of the required front yard. However, width between the side lot lines, where they intersect with the street line, shall not be less than eighty percent of the required lot width, except in the case of lots on the turning circle of cul-de-sacs, where the eighty percent requirement shall not apply.
Lot of record: a lot which is part of a subdivision recorded in the office of the County Recorder, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
Lot, Through: a lot other than a corner lot with frontage on more than one street. Through lots abutting two streets may be referred to as double frontage lots. (See Illustration #3)
Lot Diagram
(Ord. 147-2018. Passed 7-2-18.)
Luminance: An objective measurement of the brightness of illumination, including illumination emitted by an electronic sign, measured in candelas per square meter (cd/m2).
(Ord. 25-2019. Passed 2-25-19.)
Major alterations: any alterations, repairs or extensions to an existing building or structure, when the cost of such alteration, repair or extension, including all material and labor as determined by the Building Inspector is found to be in an amount equal to or in excess of sixty percent of the County tax valuation for the building or structure previously existing.
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 connected to the required utilities. The term "manufactured home" does not include a "recreational vehicle". For the purposes of these regulations, a manufactured home includes manufactured homes and mobile homes as defined in Ohio R.C. Chapter 3733.
Manufactured home park: as specified in the Ohio Administrative Code 3701-27-01, a manufactured home park means any tract of land upon which three or more manufactured homes, used for habitation are parked, either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the facilities of the park. A tract of land that is subdivided and the individual lots are not for rent or rented, but are for sale or sold for the purpose of installation of manufactured homes on the lots, is not a manufactured home park, even though three or more manufactured homes are parked thereon, if the roadways are dedicated to the local authority.
Market garden: An area of land managed and maintained by an individual or group of individuals to grow and harvest food crops and/or non- food, ornamental crops, such as flowers, to be sold for profit.
Market study: a written presentation which estimates roughly what sales volume a business can achieve. Estimates should cover monthly and annual first year operations and annual operations for the second and third year. At minimum, the study should also include information relating to what the business sells, trade area, trade area sales volume, customers, competition, market capture strategy and probable customers.
Mixed occupancy: occupancy of a building or land for more than one use.
Minimum landscape area: the percent of the lot to be landscaped. Landscape areas shall be construed to be those parts of the lot developed with pedestrian walks, terraces, play areas, lawns, shrubs, trees or other plantings. Buildings whose roof tops would not extend more than four feet above average grade and which are eighty percent covered with soil and landscaped may also be construed as a landscaped area. Driveways, aisles, open parking areas, rooftops and street right-of-way areas are to be excluded from the percentage of landscaped lot areas.
(Ord. 147-2018. Passed 7-2-18.)
Mobile Food Vending: Refers to the selling or offering to sell beverages and/or ready-to-eat food which has been cooked, wrapped, packaged, processed, or portioned for service, sale, or distribution from a commercially manufactured, motorized or otherwise mobile vehicle, truck, trailer or cart that is readily movable.
Mobile Food Vending Unit (Truck): A commercially manufactured, motorized or otherwise mobile vehicle that is readily movable, and from which beverages and/or ready-to-eat food is cooked, wrapped, packaged, processed or portioned for service, sale or distribution.
Mobile Food Vendor: Any vendor who sells or offers for sale food or beverages from a Mobile Food Vending Unit in any public, private or restricted space.
(Ord. 114-2021. Passed 6-7-21.)
Mobile home: a structure intended for residential use which is designed to permit its conveyance upon a public street by means of integral structural elements consisting of a permanent chassis attached to axle(s), wheels and towing hitch.
Mobile home: as defined in subsection (a) hereof, specifically includes, but is not limited to, any structure defined as a "manufactured home" under the provisions of the Manufactured Housing Construction and Safety Standards Act of 1974, and any amendments thereto or regulations in supplement thereof, whether or not the design of the structure has been approved and/or certified by the U.S. Department of Housing and Urban Development (HUD).
Modular home: a structure intended for residential use which is constructed or manufactured partially at an off-site facility then transported to a permanent site where its construction is completed.
Modular home: specifically includes, but is not limited to, structures without permanent integrated chassis which are variously described as "precut", "modular" or "panelized" homes or any structures which are constructed at one location and transported to another location to be permanently placed.
Monopole: a support structure constructed of a single, self-supporting hollow metal tube securely anchored to a foundation.
National Flood Insurance Program (NFIP): A Federal program enabling property owners in participating communities to purchase insurance protection against losses from flooding. This insurance is designed to provide an insurance alternative to disaster assistance to meet the escalating costs of repairing damage to buildings and their contents caused by floods. Participation in the NFIP is based on an agreement between local communities and the Federal government that states if a community will adopt and enforce floodplain management regulations to reduce future flood risks to all development in special flood hazard areas, the Federal government will make flood insurance available within the community as a financial protection against flood loss.
New Construction: structures for which the "start of construction" commenced on or after the initial effective date of the City of Canton Flood Insurance Rate Map, January 6, 1983, and includes any subsequent improvements to such structures.
(Ord. 147-2018. Passed 7-2-18.)
NIT: A unit of visible-light intensity used to specify the brightness of a digital display. One nit is equivalent to one candela per square meter.
(Ord. 25-2019. Passed 2-25-19.)
Nonconforming use: the use of land or a building or portion thereof, which does not conform with the use regulations of the district in which it is situated, but was existing and lawful at the time of enactment of this Zoning Ordinance or an amendment thereto.
Nudity: the showing of either of the human male or female genitals, pubic area or buttocks with less than fully opaque covering; or the female breast with less than a fully opaque covering on part of the nipple.
Off-street loading space: an on-the-property space for the standing, loading and unloading of vehicles to avoid undue interference with the public use of streets and alleys. Such space shall be not less than ten feet in width, fourteen feet in height and forty-five feet in length, exclusive of access aisles and maneuvering space.
Off-street parking space: an area adequate for parking an automobile with room for opening doors on both sides, together with properly related access to a public street or alley and maneuvering room, but shall be located totally outside of any street or alley right of way.
Open space: an area open to the sky which may be on the same lot with a building. The area may include, along with the natural environmental features, water areas, swimming pools, tennis courts and any other recreational facilities that the Planning Commission deems permissive. Streets, parking areas, structures for habitation and the like shall not be included.
Open Sales Lot: Open land that is used or occupied for the purpose of buying, selling, or storing prior to sale passenger cars, trucks, motor scooters, motorcycles, boats, trailers, recreational vehicles, manufactured homes, cemetery monuments, nursery plants or supplies, or other merchandise.
Operate: to control or hold primary responsibility for the operation of a business, either as a business entity, as an individual, or as part of a group of individuals with shared responsibility. "Operator" means any person on the premises of a business who is authorized to exercise overall operational control or hold primary responsibility for the operation of a sexually oriented business.
Person: any individual or group of individuals, corporation, partnership, association, or any other entity, including state and local governments and agencies.
Planned district: a zoning district that is the result of a zone change which establishes, by ordinance, the future land and/or building use in conformance with the zone change applicant's proposal.
Planned unit development: an area of land in which a variety of housing types and/or related commercial and industrial facilities are accommodated in a preplanned environment under more flexible standards, such as lot size or setback, than those restrictions that would normally apply under this Zoning Ordinance. The procedure for approval of such development contains requirements in addition to those of the standard subdivision, such as building design principles and landscaping plans.
Plaza: An open space available to the public for civic purposes and commercial activities. A plaza shall be spatially defined by building frontages. Primarily hardscape, plazas are often located at the intersection of important streets. Plazas generally range from one-eighth (1/8) acre to two (2) acres in size.
Principal Street Frontage: The side or sides of a public street frontage that is specifically designated on the Zoning Map or where it is the only street frontage.
Public park: public land or recreation area which has been designated for park or recreational activities including, but not limited to, a park, playground, nature trails, swimming pool, reservoir, athletic field, basketball or tennis courts, pedestrian/bicycle paths, open space, wilderness areas, or similar public land within the City which is under the control, operation or management of a political subdivision of, and/or the state or federal government.
(Ord. 147-2018. Passed 7-2-18.)
Recreational vehicle: a vehicular portable structure that meets all of the following conditions:
(a) It is designed for the sole purpose of recreational travel.
(b) It is not used for the purpose of engaging in business for profit.
(c) It is not used for the purpose of engaging in intrastate commerce.
(d) 4. It is not used for the purpose of commerce as defined in 49 C.F.R. 383.5, as amended.
(e) It is not regulated by the public utilities commission pursuant to Chapter 4905, 4921., or 4923. of the Ohio Revised Code.
Recreational Vehicle (RV) Park: any tract of land used for parking five or more self-contained recreational vehicles and includes any roadway, building, or enclosure used or intended for use as part of the park facilities, and where individual sites are rented for the temporary placement of recreational vehicles and where the expressed or implied purpose of the park is not to establish permanent residence.
RV Park does not include any tract of land used solely for the storage or display for sale of self-contained recreational vehicles or solely as a manufactured home park.
(Ord. 109-2023. Passed 8-7-23.)
Registered Professional Architect: a person registered as a professional architecture under Ohio R.C. Sections 4703.01 to 4703.19.
Registered Professional Engineer: a person registered as a professional engineer under Ohio R.C. Chapter 4733.
Registered Professional Surveyor: a person registered as a professional surveyor under Ohio R.C. Chapter 4733.
Residential social service facility: a facility or home which provides resident services to a group of individuals of whom one or more are unrelated; it may provide additional supervised programming services. These individuals may be disabled, releases from State institutions, juvenile offenders, drug or alcoholic offenders, or wards of the court or welfare system who are undergoing rehabilitation and/or are being provided services to meet their needs. This category includes, but is not limited to, facilities licensed, supervised or sponsored by any political subdivision or judicial authority. This category includes, but is not limited to, facilities commonly referred to as "halfway houses" or "group homes".
Residential social service facility, Family: a residential facility for three or fewer individuals, excluding the resident family or supervisor(s).
Residential social service facility, Group: a residential facility for four or more unrelated individuals, excluding resident, the resident family or supervisor(s).
Turbine Height: the distance between the base of the tower or other supporting structure, whether ground or roof mounted, and the outermost point of the rotor or blade at maximum vertical extension.
School: any public or private educational facility including, but not limited to, child day care facilities, nursery schools, preschools, kindergartens, elementary schools, primary schools, intermediate schools, junior high schools, middle schools, high schools, vocational schools, secondary schools, continuation schools, special education schools, junior colleges and universities. "School" includes the school ground, but does not include the facilities used primarily for another purpose and only incidentally as a school.
Seat: For the purpose of determining the number of off-street parking spaces for certain uses, the number of seats is the number of seating units installed or indicated, or each eighteen lineal inches of benches, or space for loose chairs.
Secondary Street Frontage: That on corner lots, all street lines that are not the principal frontage; also known as side street frontage.
Service Station: means buildings and premises where gasoline, oil, grease, batteries, tires and automobile accessories may be supplied and dispensed at retail, and where, in addition, services such as the following may be rendered and sales made:
(a) Sale and servicing of spark plugs, batteries, distributors and distributor parts.
(b) Tire servicing and repair, but not recapping or regrooving.
(c) Replacement of mufflers end tail pipes, brakes, water hose, fan belts, brake fluid, light bulbs, fuses, floor mats, seat covers, windshield wipers and blades, grease retainers, wheel bearings, mirrors and the like.
(d) Radiator cleaning and flushing.
(e) Washing and polishing, and sale of automotive washing and polishing materials.
(f) Greasing and lubricating.
(g) Providing and repairing fuel pumps, oil pumps and lines.
(h) Minor servicing and repair of carburetors.
(i) Emergency wiring repairs.
(j) Minor motor adjustments not involving removal of the head or crankcase or racing the motor.
(k) Sales of cold drinks, packaged foods, tobacco and similar convenience goods for filling station customers, as accessory and incidental to principal operation.
(l) Provision of road maps and other informational material to customers; provision of restroom facilities.
Uses permissible at a service station do not include major mechanical and body work, such as straightening of body parts, painting, welding, storage of automobiles not in operating condition, or other work involving noise, glare, fumes, smoke or other characteristics to an extent greater than normally found in service stations. Neither a repair garage nor body shop is a service station as herein defined.
Sexually Oriented Business/establishment: means any adult: arcade, cabaret, media store, model studio, motel, motion picture theater, novelty store, theater; or escort agency.
Sexually oriented novelties or toys: instruments, devices or paraphernalia which are designed for use or marketed primarily for use to stimulate human genital organs or for use in connection with specified sexual activities.
Specified sexual activities: means:
(c) Human genitals in a state of sexual stimulation or arousal;
(d) Acts of human masturbation, sexual intercourse (vaginal or anal), sodomy, fellatio, cunnilingus, insertion of any part of the body or instrument into vaginal or anal cavity; or
(e) Fondling or erotic touching of another person's human genital, pubic region, buttocks or female breasts.
Solar Collector: A solar photovoltaic cell, panel, or array, or solar hot air or water collector device, which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.
Solar Farm: Energy generation facility or area of land principally used to concert solar energy to electricity, whether by photovoltaics, concentrating solar thermal devices or various experimental solar technologies, with the primary purpose of wholesale or retail sales of electricity.
Solar Panel: A device for the direct conversion of solar energy into electricity.
Solar Thermal Systems: Solar thermal systems directly heat water or other liquid using sunlight. The heated liquid is used for such purposes as space heating and cooling, domestic hot water, and heating pool water.
Square: An open space available to the public for unstructured recreation and civic purposes. A square shall be spatially defined by building frontages. Its landscape shall consist of paths, lawns and trees, formally disposed. Squares are generally located at the intersection of important streets. Squares range from one (1) acre to five (5) acres in size.
Stoop: An entrance wherein the facade of the main building is aligned close to the urban frontage line with the first-story elevated from the sidewalk for privacy, with an exterior stair and landing at the entrance.
Story: that portion of a building between the surface of a floor and the ceiling immediately above. A story thus defined shall not be counted as a story when more than fifty percent, by cubic content, is below the height level of the average grade of the adjoining ground.
Story, Half: 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.
Street, Public: a public thoroughfare which has been dedicated to the public for public use or subject to public easements therefor, and which affords the principal means of access to abutting property.
Street, Private: 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 therefor.
Street line: the right-of-way line of a street, as measured from property line to property line.
Streetscape: The area within a street right-of-way that contains sidewalks, street furniture, landscaping or trees.
Streetscreen: A freestanding wall built along the street line, in the front or side yard setback, or coplanar with the main building facade. Where permissible, it may mask a parking lot from the ROW, provide privacy to a side yard, and/or strengthen the spatial definition of the public realm.
Structure: anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.
Structural alterations: 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 or cubical contents of the building.
Substantial Damage: damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.
Substantial Improvement: any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.
Teen club: any entertainment club which restricts its admissions to persons under the age of twenty-one years of age.
Telecommunications: technology permitting the passage of information from the sender to one or more receivers in a usable form by means of any electromagnetic system.
Trailer: a vehicle, whether resting on wheels, jacks or other foundations and used or so constructed to permit its being used as a conveyance or towed upon a public highway.
Truck terminal: means an establishment used primarily for the exchange of trailers or loads and may include as a secondary use, the parking, storage, repair or servicing of trucks and/or trailers; storage of truck and/or trailer parts. Such terminal may include as a secondary use, the storage of goods to be transported; and offices for the dispatching and management of such operations.
Urban Frontage Line: That side or sides of a public street frontage that is specifically designated on the zoning map.
Urban Street Space: That portion of a built structure or property located at or close to the level of the public sidewalk and within forty (40) feet of an urban frontage line.
Use: the specific purposes for which land or a building is designated, arranged, intended or for which it is or may be occupied or maintained.
Variance: a modification of the strict terms of the relevant regulations where such modification will not be contrary to the public interest, and where owing to conditions peculiar to the property and not the result of the action of the applicant, a literal enforcement of the regulations would result in unnecessary and undue hardship.
Video booth: any private or semi-private booth or any viewing room of less than 100 square feet of floor space or area to which the public may gain admittance, wherein a still or motion picture machine, projector, video monitor, or similar equipment is available for the purpose of showing still or motion pictures, videos, or similar images or photographic reproductions to five or fewer persons at any one time.
Viewing booth: a live viewing booth or video booth or any combination thereof.
Violation: the failure of a structure or other development to be fully compliant with this chapter.
Wind Energy Facility: a wind turbine and such associated structures as substations, transmission lines and meteorological towers.
Wind Turbine: a wind energy conversion system that converts wind energy into electricity through the use of a wind turbine generator and includes such elements as a wind turbine generator hub, blade or rotor, tower and transformer.
Wireless telecommunications antenna: an antenna designed to transmit or receive communications as authorized by the Federal Communications Commission excluding an amateur radio operator antenna.
Wireless telecommunications equipment building: the structure in which the electronic receiving and relay equipment for a wireless telecommunications facility is housed.
Wireless telecommunications facility: a facility consisting of the equipment and structures involved in receiving telecommunications or radio signals from a mobile or stationary radio communications source and transmitting those signals to a central switching computer which connects the mobile or stationary unit with the land-based telephone lines.
Wireless telecommunications tower: a structure intended to support equipment used to transmit and/or receive telecommunications signals including monopoles, guyed and lattice construction steel structures.
Work Space: an area within a Live-Work Unit that is designed or equipped exclusively or principally for the conduct of work activities and is to be regularly used for such work activities by one (1) or more occupants of the unit.
Yard: a required open space, other than a court, unoccupied and unobstructed by any structure or portion of a structure from three feet above the general ground level of the graded lot upward; provided, accessories, ornaments and furniture may be permitted in any yard, subject to height limitations and requirements limiting obstruction of visibility.
Yard, Front: a yard extending between side lot lines across the front of a lot and from the front lot line to the front of the principal building.
Yard, Rear: 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 the 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. (See Illustration #5)
Yard, Side: a yard extending from the principal building to the side lot line on both sides of the principal building between the lines establishing the front and rear yards. (See Illustration #4)
Yards Diagram
Zoning Map: The Zoning Map or maps of the City dated December 19, 2005, together with all amendments subsequently adopted and located in the office of the Zoning Inspector.
Zoning Permit: the permit issued by the Zoning Inspector certifying that the proposed building or remodeling plans are in conformance with the Zoning Ordinance.
Chap. 1132. Applicability.
Chap. 1133. Nonconforming Uses, Approach to.
Chap. 1134. General Provisions.
Chap. 1135. Exceptions and Modifications.