(a) Unless otherwise specifically provided, or unless clearly required by the context, the words and phrases defined in this section must have the meaning indicated when used in this Code.
(1) Abut: To physically touch or border upon; or to share a common property line or a public right-of-way line or other boundary.
(2) Accessory Building and Accessory Structure: A subordinate building or structure detached from, but located on the same lot as the principal building, the use of which is incidental and accessory to that of the main building or use. Accessory structures include, but are not limited to, garages, carports, decks, sheds, and various commercial and/ or industrial accessory structures.
(3) Accessory Use: A use on the same lot with and of a nature customarily incidental and subordinate to the principal use.
(4) Addiction Services Residential Care Facility: A home or facility that is licensed or certified by a government agency and provides residential treatment and/or intervention services for more than twenty-four (24) hours to three or more unrelated persons with an alcohol and/or drug addiction.
(5) Adjoin: Touching or bordering on a point or line. For purposes of "adjoining properties" the properties at issue must physically touch. Properties separated by a highway, road, street, or alley do not physically touch and are not adjoining. Properties separated by a natural feature (i.e., river, body of water, or tree-line) do touch and are adjoining.
(6) Agriculture: The use of land for farming; ranching; aquaculture; algaculture (meaning the farming of algae); apiculture and related apicultural activities, production of honey, beeswax, honeycomb, and other related products; horticulture; viticulture, winemaking, and related activities; animal husbandry, including, but not limited to, the care and raising of livestock, equine, and fur-bearing animals; poultry husbandry and the production of poultry and poultry products; dairy production; the production of field crops, tobacco, fruits, vegetables, nursery stock, ornamental shrubs, ornamental trees, flowers, sod, or mushrooms; timber; pasturage; any combination of the foregoing; the processing, drying, storage, and marketing of agricultural products when those activities are conducted in conjunction with, but are secondary to, such husbandry or production; and any additions or modifications to the foregoing made by the Agriculture Director by rule adopted in accordance with Chapter 119 of the Ohio Revised Code, as amended.
(7) Aisle: The traveled way by which vehicles enter and depart parking spaces within a lot.
(8) Alley: See definition of "Thoroughfare, Street, or Road."
(9) Alter or Alteration, Architectural: Any change to the external architectural features of a building or structure.
(10) Alteration, Structural: See definition of "Structural Alteration."
(11) Annexation: The incorporation of a land area into an existing community with a resulting change in the boundaries of that community.
(12) Apartment: See definition of "Dwelling Unit."
(13) Architectural Review Board: As provided for in the Kent Codified Ordinances (KCO), five (5) volunteers appointed by the Kent City Council empowered as set forth in Section 1111.04
of this Code.
(14) Assisted Living Facility: A residential or institutional complex containing dwelling units for assisted living with each dwelling or room occupied by no more than two (2) residents who do not require skilled nursing care. Assisted living facilities may offer meals, housekeeping, social programming and other personalized care and may have common dining, gathering, and recreational areas. Assisted living facilities may offer other specialized services as an accessory use, including but not limited to, memory care or independent living.
(15) Automotive, Mobile Home, Trailer and/or Farm Implement Sales: The sale, display, or rental of two (2) or more new and/or used motor vehicles, mobile homes, trailers, or farm implements, but not including repair work except as necessary for vehicles to be displayed and sold on the premises, or warranty work.
(16) Automotive Repair Shop:
A. Automotive Repair, Major. A business that performs engine and transmission rebuilding and general repairs, rebuilding, or reconditioning; collision service; steam cleaning; undercoating and rust proofing; painting; welding; or similar services that normally require significant disassembly and possible storage of vehicles. See also definition of "Automotive Wrecking/Automotive Wrecking Yards."
B, Automotive Repair, Minor. A business that performs engine tune-ups; servicing of brakes, air conditioning, exhaust systems; oil change or lubrication; wheel alignment or balancing; or similar servicing or repair activities that do not require any significant disassembly or any storing of vehicles on the premises overnight.
(17) Automotive Used Car Lot: See definition of "Automotive, Mobile Home, Trailer and/or Farm Implement Sales."
(18) Automotive Washing Facility (Car Wash): A building or portion thereof containing the facilities for washing automobiles (1) manually by employees; (2) using production line methods or a self-propelled wash rack; or (3) manually where the customer provides the labor and where no self-propelled wash racks are provided.
(19) Automotive Wrecking/Automotive Wrecking Yards: The dismantling or wrecking of used motor vehicles, mobile homes, trailers, or the long term (fourteen (14) days or longer), storage, sale or dumping of dismantled, partially dismantled, obsolete, or wrecked or disabled vehicles or their parts.
(20) Bar, Tavern, Night Club or Saloon: An area primarily devoted to the sale and serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
(21) Basement: A portion of a building which is all or partly underground but having at least one-half (i.e., fifty percent (50%) or more) of its height below the average level of the adjoining ground. See Figure 1.
Figure 1. Basement
(22) Bed & Breakfast: A private residence that offers rental sleeping accommodations to registered guests. The owner resides in the establishment while managing the renting of the rooms to registered guests.
(23) Berm: An earthen mound or embankment, which meets the requirements of Section 1108.05
(e), used to shield or buffer properties from adjoining uses, highways, noise, or to control the direction of surface water flow.
(24) Bicycle Way or Bicycle Lane: A dedicated public right-of-way or easement often paved or improved, and designed for bicycle and pedestrian uses only.
(25) Board of Zoning Appeals: As provided for in the City Charter, five (5) volunteers appointed by the Kent City Council empowered by the Kent City Ordinances, as set forth in Section 1111.03
of this Code.
(26) Boarding House: See definition of "House, Boarding."
(27) Bond, Surety: See definition of "Performance Bond."
(28) Buildable Lot Area: The area of a lot, exclusive of required yard setback areas and required open space, within which structures may be built. See Figure 2
Figure 2. Buildable Lot Area
(29) Building: A roofed and walled structure with a permanent foundation. Any structure designed or for the support, enclosure, shelter, or protection of persons, animals, chattels, or property.
(30) Building, Accessory: See definition of "Accessory Structure."
(31) Building, Principal: The building in which the main or principal use of the lot is conducted.
(32) Building Height: The vertical distance measured from the average elevation of the proposed finished grade to the highest point of the roof for flat roofs; to the deck line of mansard roofs; and to the mean height between eaves and ridge for gable, hip, and gambrel roofs. See Figure 3.
Figure 3. Building Height
(33) Building Materials, Sales Yard, and Lumber Yard: Storage and retail sales of sand, gravel, stone, lumber, equipment and other building materials and supplies.
(34) Business, Non-retail: Commercial establishments that provide medical care services, personal care services, or specialized professional services on an appointment or walk-in basis, including, but not limited to:
• Physicians, dentists, orthodontists, optometrists, physical therapists, chiropractors, or any similar medical personnel who provide treatment and examination of patients solely on an outpatient basis, provided that no patients are kept on the premises overnight;
• Beauty salons, barber shops, tattoo parlors, indoor movie theaters, dry cleaning services, mailing/shipping, copying, printing, small appliance or furniture repair, or similar activities, but excluding sexually-oriented businesses;
• Professionals offering services in an area of specialty, including but not limited to, accounting services, legal services, banking/financial services, real estate, insurance, engineering, or architectural services.
(35) (EDITOR’S NOTE: Former subsection 1102.03(a)(35) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(36) (EDITOR’S NOTE: Former subsection 1102.03(a)(36) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(37) (EDITOR’S NOTE: Former subsection 1102.03(a)(37) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(38) Business, Retail: Commercial establishments that sell commodities or goods in smaller quantities to the public for personal, household, or business consumption including, but not limited to:
• Pharmacies, convenience stores;
• Grocery stores, bakeries, butchers;
• Sporting goods, jewelers; florists;
• Clothing, apparel, shoe stores;
• Paint, hardware, home improvement stores.
(39) Caregiver: An unrelated person who provides medical or personal care to an elderly person, a person with a recognized disability, or a juvenile, without which the recipient of said care would not be able to live independently.
(40) Carport: A covered automobile parking space not completely enclosed by walls or doors.
(41) Cemetery: Land used or intended to be used for the burial of deceased animals or humans, including crematories, mausoleums, and mortuaries if operated in connection with and within the boundaries of such cemetery.
(42) Certificate of Appropriateness: A document issued by the Community Development Department acknowledging that a proposed project, new signage, building modification, within the Architectural Design Review Overlay District has been approved by the Architectural Review Board.
(43) Change in Use or Change of Use: Any use which substantially differs from the previous use of a building or land. A change in use of property occurs whenever the essential character or nature of the activity conducted on a lot changes. Specifically, a Change in Use/Change of Use is determined in Section 1111.01
(c)(1)B.
(44) Church: See definition "Institution, Religious"
(45) (EDITOR’S NOTE: Former subsection 1102.03(a)(45) was deleted by Ordinance 2022-099, passed September 21, 2022.)
(46) Commission: See definition of "Planning Commission."
(47) Community Addiction Service Provider: An agency, association, corporation, individual, or program that provides addiction services as specified in Section 5119.36 of the Ohio Revised Code (ORC), et seq., as amended.
(48) Community Development Director: The Director of the Community Development Department or his/her designee as empowered by this Code and other applicable comprehensive plans.
(49) Comprehensive Plan: The plan adopted by the legislative authority of the City, showing the general location and extent of present and proposed physical, economic, social, political, aesthetic, and related factors of the community involved, facilities including housing, industrial and commercial uses, major streets, parks, schools and other community factors. This plan establish the goals, objectives, and policies of the community for land use.
(50) Conditionally Permitted Use: A use permitted within a district other than a permitted use or specially permitted use, requiring a Conditional Zoning Certificate and approval of the Planning Commission.
(51) Conditional Zoning Certificate: A certificate issued by the Community Development Department upon approval by the Planning Commission to allow a Conditionally Permitted Use in accordance with the requirements of Section 1111.01
(c)(3)C. of this Code.
(52) Condominium: See Ohio Revised Code (ORC) 5311, et seq., as amended.
(53) Corner Lots: Lots that abut two (2) or more streets.
(54) Council: The Kent City Council.
(55) Cul-de-Sac: See definition of "Thoroughfare, Street, or Road."
(56) Curb: A concrete or stone edging along the street, driveway, or parking pavement, which is integrated with the pavement and the gutter; this term includes curbs with gutters.
(57) Dead-End Street: See definition of "Thoroughfare, Street, or Road."
(58) Demolition: The complete razing or removal of any structure or portion of a structure.
(59) Density, Gross: Unless otherwise stated in this Code, gross density is the number of dwelling units per acre of the total land to be developed. For some uses in this Code, gross density is explicitly determined by the number of bedrooms or residents per acre of the total land to be developed.
(60) Density, Net: Unless otherwise stated in this Code, net density is the number of dwelling units per acre of land to be developed when the land involved excludes common open areas, recreational facilities, and parks. For some uses in this Code, net density is explicitly determined by the number of bedrooms or residents per acre of the total land to be developed.
(61) Design Guidelines: Guidelines, standards and criteria governing the design of buildings, site layouts and/or the preservation of historic structures which have been adopted by the City of Kent. See Appendix A of Title One.
(62) Development Engineer: A licensed professional engineer designated by the Community Development Director to be responsible for performance of all engineering and inspection services as may be assigned by the Community Development Director.
(63) Development Site: Land composed of one or more parcels in single ownership that is of sufficient size to meet minimum zoning requirements for area, coverage, and use, and that can provide such yards (e.g., front yards, side yards, and rear yards) and other open spaces as required by the zoning regulations.
(64) Developmental Disability: See Chapter 5123 of the Ohio Revised Code (ORC), et seq., as amended.
(65) District, Zoning: A section or sections of the incorporated territory of the City for which the regulations governing the use of buildings, premises, and land, or the height and area of buildings are uniform.
(66) Driveway: The improved area used as a means of ingress and egress, from the public or private road right-of-way to the terminus of the improved area.
(67) Driveway Approach: The portion of a concrete, asphalt, or brick driveway surface connecting the sidewalk or public right-of-way line to a street pavement. Also referred to as a "Drive Apron".
(68) Duplex: See definition of "Dwelling, Two-Family."
(69) Dwelling: Any building or portion thereof, which is designed or used primarily for residential purposes, including single family, a household unit, or three (3) or more unrelated individuals, but not including hotels, motels, and bed and breakfasts.
(70) Dwelling, Apartment Complex: A residential development under one (1) controlling entity on one (1) parcel, containing three (3) or more dwelling units that have been approved by the Planning Commission and/or the Community Development Department to house in each dwelling unit no more than four (4) unrelated persons or a group of individuals that would otherwise qualify as a household unit.
(71) Dwelling, Dormitory: A dwelling unit that does not meet the definition of a rooming house or boarding house, but does provide residential accommodations for three (3) or more unrelated individuals with shared living, restroom, bathing, and/or cooking facilities, and is affiliated with a college or university.
(72) Dwelling, Multifamily: A building or buildings consisting of three (3) or more dwelling units, including condominiums, with each dwelling unit containing no more than two (2) unrelated individuals or a single household unit, as defined in this Chapter.
(73) Dwelling, Single Family: A building consisting of a single dwelling unit.
(74) Dwelling, Two-Family: A building consisting of two (2) dwelling units which may be either attached side by side or one above the other, and each unit having a separate or combined entrance or entrances, and limited to no more than two (2) unrelated residents per unit.
(75) Dwelling Unit: Any room or group of rooms located within a dwelling and forming a residential household unit with facilities that are used or intended to be used for living, sleeping, cooking and eating, with a restroom(s) and bathing facility(ies) to be utilized by a family, a household unit, as defined in this Chapter, or three (3) or more unrelated individuals.
(76) Essential Services: The erection, construction, alteration, or maintenance, by public utilities or governmental agencies, of underground gas, electric, steam or water transmission or distribution systems, collection, communication (excluding private telecommunication facilities), supply or disposal systems or sites, including poles, wires, mains, drains, sewers, pipes, traffic signals, hydrants, or other similar equipment and accessories in connection therewith which are reasonably necessary for the furnishing of adequate service by such public utilities or governmental agencies for the public health or safety or general welfare, but not including buildings.
(77) Existing Use: The current use of a lot or structure.
(78) Extractive Uses: Any mining, processing, storing, separating, cleaning, or marketing of any mineral natural resource, excluding gas and oil, but including sand, clay, stone, gravel, and coal.
(79) Family: Individuals who are related by marriage, legally recognized civil union, adoption, or who are within three (3) degrees (or fewer) of consanguinity. See Figure 4. Table of Consanguinity.
Figure 4. Table of Consanguinity
(80) Family Day Care Home, Type A: See Section 5104 of the Ohio Revised Code (ORC), et seq., as amended.
(81) Family Day Care Home, Type B: See Section 5104 of the Ohio Revised Code (ORC) et seq., as amended.
(82) Floor Area of a Residential Building: The sum of the gross horizontal area of all floors of a residential building, excluding basement floor areas not devoted to residential use, but including the area of roofed porches, roofed terraces, and roofed decks.
(83) Floor Area, Usable: Measurement of usable floor area is the sum of the horizontal areas of all floors of the building, measured from the interior faces of the exterior walls. See Figure 5. Usable Floor Area.
(84) Food Processing: The preparation, storage, or processing of food products. Examples of these include bakeries, dairies, canneries, and other similar businesses.
(85) Fraternal Societies: Must comply with Internal Revenue Service (IRS) requirements for designation as a fraternal beneficiary society, order, or association, as amended.
(86) Fraternity: An organization officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of said institution.
(87) Frontage: See definition of "Lot Frontage."
(88) Front Property Line: A property line which abuts a public right-of-way line.
(89) Funeral Home: A place used to prepare for the burial or disposition of deceased human bodies and where funerals or similar services are conducted. Cremations may be conducted in funeral homes in instances where the installation and operation of the equipment meets all local, state, and federal laws.
(90) Garages, Private: A detached accessory building or portion of a principal building for parking and/or storage of personal property of the occupants of the premises.
(91) Garage, Public Parking: A principal or accessory building other than a private garage, used for parking or temporary storage of passenger automobiles, and in which no vehicle service is provided for remuneration.
(92) Gasoline Station: Buildings and premises where gasoline may be dispensed at retail directly to users of motor vehicles, together with the retail sale of minor accessories.
(93) Grade, Finished: The final elevation of ground surface after man-made alterations to a site in conformance with the approved plans or designs relating thereto.
(94) Grade, Natural: The elevation of the undisturbed natural surface of the ground prior to any excavation or fill.
(95) Guest: A person, who does not meet the definition of a resident, temporarily staying in a dwelling unit with the consent of a member of household, who has express or implied authority to so consent.
(96) Hearing, Administrative: Administrative hearings are conducted by the Planning Commission, Board of Zoning Appeals, Council, Architectural Review Board, and identified City department(s) to determine the rights of the applicant according to the standards contained in this Code, based upon the evidence presented at the hearing.
(97) Home Business, Limited: The less intensive form of a home-based business where the operation is conducted entirely by the resident(s) of the home and there is no advertising contained on the interior or exterior of the structure or property and the business does not generate traffic or other persons visiting the home.
(98) Home Occupation: The more intensive form of home-based business where there may be involvement by resident(s) of the home and one or more persons living outside the home (as may be approved by the Planning Commission). In addition, the operation may generate advertising on the property, as permitted in Chapter 1109
of this Code, and may generate some additional traffic in the neighborhood. The specific requirements for a Home Occupation are contained in Section 1105.27
of this Code.
(99) Home, Family Care: A residential care facility in which a governmental agency provides room and board, and personal care and supervision for at least two (2) but not more than eight (8), aged, or persons with a developmental disability who are able to be integrated into a family type setting.
(100) Home, Foster: See Ohio Revised Code (ORC) 5103.02, et seq., as amended.
(101) Home, Manufactured: See Ohio Revised Code (ORC) 3781.06, et seq., as amended.
(102) Home, Mobile: See Ohio Revised Code (ORC) 4501.01, et seq., as amended.
(103) Hospital: An institution providing health services, including inpatient care, for medical, surgical, therapeutic, mental, or rehabilitative care of the sick or injured and including related facilities such as, but not limited to, laboratories, outpatient departments, central staff service facilities, and staff offices that are an integral part of the institution.
(104) Hotel or Motel: A commercial establishment offering transient overnight lodging and often having amenities such as restaurants, swimming pools, stores, etc., that may be available to the public.
(105) House, Boarding: A residential building originally built as a single-family or two-family dwelling that has been approved by the Planning Commission and/or the Community Development Department to house three (3) to fifteen (15) unrelated individuals, one of whom is the owner of the dwelling unit. Boarding Houses expressly exclude fraternity and sorority houses. See also Section 1105.54
.
(106) House, Rooming: A residential building originally built as a single-family or two-family dwelling that has been approved by the Planning Commission and/or the Community Development Department to house three (3) to fifteen (15) unrelated individuals. Rooming houses expressly exclude fraternity and sorority houses. See also Section 1105.54
.
(107) Household Unit: A family, a single family and one (1) unrelated individual, a single individual, (2) two unrelated individuals, or any of these four (4) designations and a caregiver(s) (as defined by this Code) residing in a dwelling unit. Individuals residing in a(n) apartment complex, rooming house, boarding house, hotel, motel, group dwelling, dormitory, fraternity house, or sorority house, together, do not constitute a household unit.
(108) Independent Living Arrangement: A residential arrangement in which up to three (3) unrelated persons each with a development disability, as it is defined in Section 5123.01 of the Ohio Revised Code (ORC) et seq.,, as amended, reside in an individualized setting with no government agency providing the residential services.
(109) Industrial Minerals. See Chapter 1514 of the Ohio Revised Code (ORC), et seq., as amended.
(110) Industrial Park: A large tract of land that has been planned, subdivided and/ or developed and operated as an integrated facility for a number of individual industrial uses.
(111) Institution, Religious: A building, together with all accessory buildings and uses, including church, temple, rectory, convent, private school, meeting hall, cemetery, and mosque wherein persons regularly assemble for associated activities and that are maintained and controlled for non-profit purposes by a recognized and legally established religious organization.
(112) Kennel: Any lot or premises on which four (4) or more domesticated animals are housed, groomed, bred, boarded, trained, or sold.
(113) Kennel, Animal Day Care: Any lot or premises on which four (4) or more domesticated animals are housed during the traditional work day for compensation (but not overnight) and may include grooming and training, but not breeding, selling, or medical treatment.
(114) Kennel, Animal Grooming: Any lot or premises on which four (4) or more domesticated animals are groomed for compensation, but does not include housing, boarding, training, selling, or medical treatment.
(115) Land Use Plan: See definition of "Comprehensive Plan."
(116) Line, Setback: See definition of "Setback Line."
(117) Loading Area, Off-Street: An area designated for bulk pickups and deliveries.
(118) Location Map: See definition of "Vicinity Map."
(119) Lot: For the purpose of this Code, a lot is a division of land separated or proposed to be separated from other divisions of land by description on a recorded subdivision plat, recorded survey map, or by metes and bounds for purposes of sale, lease, or separate use and which is of sufficient size to meet minimum zoning requirements. A "lot" is also known as a "Parcel" or a "Lot of Record."
(120) Lot, Buildable: A lot that meets all zoning requirements such as setbacks, lot coverage, lot frontage, lot depth and similar requirements set forth in this Code.
(121) Lot Corner: See definition of "Lot Types."
(122) Lot, Flag: See definition of "Lot Types."
(123) Lot, Interior: See definition of "Lot Types."
(124) Lot, Landlocked: A lot that does not have frontage on a street.
(125) Lot, Minimum Area Of: The smallest lot area established by this Code on which a use or structure may be located in a particular district.
(126) Lot, Nonconforming: See definition of "Nonconforming Lot."
(128) Lot, Through: See definition of "Lot Types."
(129) Lot Area: The total horizontal area within the lot lines of the lot, including land occupied by all natural and physical features on the lot.
(130) Lot Coverage: The ratio of enclosed ground floor area of all impervious surfaces (including buildings, parking areas, driveways, sidewalks, patios, and other impervious surfaces) on a lot to the horizontally projected area of the lot, expressed as a percentage. See Figure 6.
(131) Lot Depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in the front and the rearmost points of the side lot lines in the rear. See Figure 6.
(132) Lot Frontage: The portion of a lot abutting the public right-of-way. For the purpose of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets are frontage, and yards must be provided as indicated under "Yards" in this section. See Figure 6.
Figure 6. Lot Terms.
(133) Lot Lines: The property lines defining the limits or boundaries of a lot. "Lot lines" include: (See Error! Reference source not found.
A. Lot Line(s), Front: The line(s) separating a lot from a public right-of-way on which the lot abuts.
B. Lot Line(s), Rear: The lot line opposite and most distant from the front lot line(s). On corner lots, the rear lot line is the line opposite the front lot line with the least amount of frontage.
C. Lot Line(s), Side: Any lot line other than a front lot line(s) or rear lot line.
(134) Lot of Record: An existing 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.
(135) Lot Split: See definition of "Subdivision, Minor."
(136) Lot Types: Lot Types are as follows (See Figure 7):
A. Lot, Corner: A lot abutting two (2) or more streets at their intersection, or two (2) parts of the same street forming an interior angle of less than 135 degrees.
B. Lot, Flag: A pre-existing nonconforming lot that uses a narrow, unbuildable strip of land that does not meet the frontage requirements of the district in which is it located, which provides access to, or legal frontage on, a street.
C. Lot, Interior: A lot other than a corner lot with only one (1) frontage on a street.
D. Lot, Through: A lot other than a corner lot with frontage on more than one (1) street. Through lots abutting two (2) streets may also be referred to as a double frontage lot.
(137) Lot Width: The straight-line distance between side lot lines, measured at the two (2) points where the minimum front yard setback line intersects the side lot lines (see illustration below), provided, however, that the width where the side lot lines intersect with the public right-of-way line must be not less than eighty (80) percent of the required lot width. See Figure 8. Lot Width.
(138) Maintenance and Storage Facilities: Land, buildings, and structures devoted primarily to the maintenance and storage of equipment and materials.
(139) Major Thoroughfare Plan: The general location recommended for arterial, collector, and local thoroughfares within the corporate limits of the City.
(140) Manufactured Modular Home: See definition of "Dwelling, Mobile Home."
(141) Manufactured Mobile Home Park: Any site or tract of land upon which three (3) or more manufactured or mobile homes used for residential habitation are parked, either free of charge or for revenue purposes; including any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park. See Section 4781.01 of the Ohio Revised Code (ORC) et seq., as amended.
(142) Manufactured Home, Permanently Sited: A permanently sited manufactured home that has the meaning prescribed in Section 3781.06(C)(6) of the Ohio Revised Code (ORC) et seq., as amended.
(143) Manufacturing, Heavy: Manufacturing, processing, assembling, storing, testing, and other similar industrial uses that include, but are not limited to, the following operational characteristics:
• Major operations involving extensive services and facilities;
• Require large sites;
• Open, outside storage and service areas;
• Generate some nuisances through operations including, but not limited to: noise, vibration, smoke, dust, other particulate matter pollutants, toxic or noxious substances, odors, fire or explosive hazards, glare or heat, electromagnetic disturbance, or other identified nuisances.
(144) Manufacturing, Light: Manufacturing, processing, assembling, storing, testing, and other similar industrial uses that include, but are not limited to, the following operational characteristics:
• Controlled operations conducted entirely within an enclosed structure;
• No outside storage;
• Serviced by a modest volume of trucks or vans;
• Minimal effect on the surrounding area outside of the operations in terms of noise, vibration, smoke, dust, other particulate matter pollutants, toxic or noxious substances, odors, fire or explosive hazards, glare or heat, electromagnetic disturbance, or other identified nuisances.
(145) Marijuana: See definitions in Ohio Administrative Code (OAC) 3796, et seq., as amended.
(146) Marijuana, Cultivator (aka Medical Marijuana Cultivator): An entity that has been issued a certificate of operation by the State of Ohio to grow, harvest, package, and transport medical marijuana.
Level I: A cultivator that is permitted to operate up to twenty-five thousand (25,000) square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Ohio Administrative Code (OAC), et seq., as amended.
Level II: A cultivator that is permitted to operate up to three thousand (3,000) square footage of space designated as the marijuana cultivation area in the application, unless a request for expansion is approved by the director of the department under rule 3796:2-1-09 of the Ohio Administrative Code (OAC), et seq., as amended.
(147) Marijuana, Dispensary Department (aka Medical Marijuana Dispensary Department): A building, room or other area under the control of a dispensary and upon the licensed premises with access limited to patients, caregivers, dispensary employees or service professionals conducting business with the dispensary and who are escorted and supervised by a dispensary employee, and other persons authorized by Section 3796.05 of the Ohio Administrative Code (OAC), et seq., as amended..
(148) Marijuana, Dispensary District (aka Medical Marijuana Dispensary District): A geographic region, established by the state board of pharmacy, in accordance with division (B)(3) of Section 3796.05 of the Ohio Administrative Code (OAC), et seq., as amended.
(149) Marijuana, Dispensary Key Employee (aka Medical Marijuana Dispensary Key Employee): An administrator or other person responsible for the daily operation of a licensed dispensary.
(150) Marijuana Facility (aka Medical Marijuana Facility): A commercial use or structure where marijuana is cultivated, processed, tested, or dispensed as regulated by the Ohio Administrative Code (OAC) Section 3796, et seq., as amended.
(151) Marijuana, Medical (aka Medical Marijuana): Marijuana that is cultivated, processed, dispensed, tested, possessed, or used for a medical purpose in accordance with Ohio Administrative Code (OAC) Section 3796, et seq., as amended.
(152) Marijuana, Processor (aka Medical Marijuana Processor): An entity that has been issued a certificate of operation by the State of Ohio to manufacture medical marijuana products.
(153) Marijuana, Restricted Access Area (aka Medical Marijuana Restricted Access Area): A building, room or other contiguous area under control of a dispensary and upon the licensed premises with access limited to only dispensary employees, where medical marijuana inventory, all records related to the dispensing of medical marijuana, and all other items that require the personal supervision of a dispensary key employee are maintained behind a physical barrier with suitable locks and an electronic barrier to detect entry during any time when a dispensary key employee is not present.
(154) Marijuana, Testing Laboratory (aka Medical Marijuana Testing Laboratory): An independent laboratory that has been issued a certificate of operation by the State of Ohio to have custody and use of controlled substances for scientific and medical purposes and for purposes of instruction, research, or analyses.
(155) Microbrewery: An establishment primarily engaged in the production and distribution of beer, ale, or other alcoholic beverages, and which may include accessory uses such as tours of the microbrewery, retail sales, and/or on-site consumption, e.g., "taproom."
(156) Mixed Use Development: A development comprised of two (2) or more primary uses on one (1) parcel, as opposed to minimal or ancillary uses.
(157) Mobile Home: See definition of "Dwelling, Mobile Home."
(158) Modular Home: See definition of "Dwelling, Mobile Home."
(159) Motel: See definition of "Hotel."
(160) Multi-Stage Development: A development project that is constructed in stages, each stage being capable of existing independently of the other stages.
(162) Nonconforming Lot: A lot, the area, dimensions or location that was lawful prior to the adoption, revision or amendment of this Code, or amendment thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present area, dimensional or locational requirements of the zoning district in which the lot is located.
(163) Nonconforming Structure: A structure or building, the construction of which was lawful prior to the adoption, revision, or amendment of this Code, or amendments thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present requirements for a structure or building in the zoning district in which the structure or building is located.
(164) Nonconforming Use: Any use of a structure, use of land, or use of a structure and land in combination that was lawful prior to the adoption, revision, or amendment of this Code, or amendments thereto (and was not created for the purposes of evading the restrictions of this Code), but which fails by reason of such adoption, revision, or amendment of this Code to meet the minimum present requirements for a use in the zoning district in which the use is located.
(165) Nursery - Plant Materials: Land, building, structure or combination thereof for the storage, cultivation, transplanting of live trees, shrubs, or offered for retail sale on the premises including products used for gardening or landscaping.
(166) Open Air Market: A periodic market, held out of doors, in an open area or vacant lot where groups or individual sellers offer goods for sale to the public.
(167) Open Space, Usable: The required portion of a lot,which is unoccupied by principal or accessory buildings and available to all occupants of the building for use for recreational and other leisure activities normally carried on outdoors. Open space calculation can include required rear and side yard setback areas as long as such areas are maintained as green space and/or incorporates amenity(s) associated with outdoor recreation and leisure purposes. Open space must be unobstructed to the sky and must not include any driveways or off-street parking and loading areas. See hyperlink to Figure 9.
(169) Outpatient Addiction Services Facilities: A facility providing outpatient addiction services, including but not limited to, medication-assisted treatment, therapy and/or counseling to persons suffering with alcohol and/or drug addiction.
(170) Parcel: See definition of "Lot" and "Lot of Record."
(171) Park: An open space that may include non-commercial, not-for-profit facilities designed to serve the recreational, educational, or scenic needs of a community. Such facilities may include all types of recreational facilities and or open space such as: neighborhood parks, community parks, regional parks, state or national parks, and special use facilities. Such facilities may also include, but are not limited to, school and religious institution athletic fields and playgrounds if they meet the above definition. Commercial amusement facilities such as go-cart tracks, water slides, miniature golf courses, and the like are not considered parks.
(172) Parking Lot, Private: An off-street, ground level area, surfaced and improved, for the temporary storage of motor vehicles as the principal use of the lot, which is not a publicly-owned or publicly-operated facility, with the access to such an area controlled and operated as a profit-making activity by the property owner or an agent for the property owner.
(173) Parking Lot, Public: An open area, excluding a street or other thoroughfare, used for the parking of automobiles and available to the public, whether for free or for compensation.
(174) Performance Bond: A financial guarantee by a subdivider or developer of land, which is provided to the City for the purpose of guaranteeing the completion of physical improvements according to plans and specifications within the time prescribed by the subdivider or developer's agreement or construction contract with the City.
(175) Personal Services Business: See definition of "Business, Personal Service."
(176) Pet Shop: A retail sales establishment primarily engaged in the sale of domestic animals, such as dogs, cats, fish, birds, and rodents, but excluding exotic animals and livestock.
(177) Planning Commission or Commission: As provided for in the City Charter, five (5) volunteers appointed by the Kent City Council empowered by the Kent Codified Ordinances (KCO) and as set forth in Section 1111.02
of this Code.
(178) Plat: A final map of all or a portion of a subdivision which, if approved, may be recorded; a map prepared by a registered surveyor representing a tract of land, showing the boundaries and location of individual properties and streets; a map prepared by a registered surveyor of a subdivision.
(179) Plat, Dedication: The final map prepared by a registered surveyor of all or a portion of a subdivision or a site plan which is presented to Council for acceptance and responsibility of the improvements that have been completed.
(180) Principal Building: See definition of "Building, Principal."
(181) Principal Use: The primary or predominant use of any land and building(s) and the main purpose for which land and building(s) exist.
(182) Public Agency. Any city, village, township, county, public district, or public authority located in whole or in part within the state, which provides or has the authority to provide services for the public.
(183) Public Display: Placing, posting, exhibiting, or in any fashion displaying in any location, whether public or private, an item in such a manner that it may be readily seen and its content or character distinguished by normal unaided vision viewing it from a street, highway, or public sidewalk, or from the property of others, or from any portion of the premises where items and material, other than adult materials, are on display to the public.
(184) Public Service Facility: The erection, construction, alteration, operation or maintenance of buildings, power plants, or substations, water treatment plants or pumping stations, sewage disposal or pumping plants and other similar public service structures by a public utility, by a railroad, whether publicly or privately owned, or by a municipal or other governmental agency, including the furnishing of electric, gas, rail transport, communication, public water and sewage services.
(185) Public Utility: Any person, firm, corporation, governmental agency or board fully authorized to furnish and currently furnishing to the public, electricity, gas, steam, communication/ data transfer, cable television, telephone, transportation, storm water, water or any other similar public utility.
(186) Public Uses: Public parks, schools, and administrative and cultural structures, not including public land or buildings, devoted solely to the storage and maintenance of equipment and materials and public service facilities.
(187) Recreational Campground: An area of land on which two (2) or more travel trailers, campers, tents or other similar temporary recreational structures are accommodated with or without charge, including any building structure or fixture of equipment that is used or intended to be used in connection with providing such accommodations.
(188) Recreational Facilities, Indoor: Indoor commercial amusement services in which the majority of the space is used for such services, including, but not limited to: bowling alleys, skating rinks, billiard halls, stadium and sports arenas, movie theaters, dance halls, and other indoor recreational facilities.
(189) Recreational Facilities, Outdoor: Public or private facilities that generally require and utilize larger outdoor areas of land and include, but need not be limited to, hunting, fishing, horse riding clubs, drive-in theaters, and amusement parks.
(190) Recycling Center: A building in which recyclable materials are processed for sale and/or reuse.
(191) Related Persons: An individual who meets the definition of family. See definition of "Family."
(192) Research Activities: Research, development and testing related fields including, but not limited to, chemical, pharmaceutical, medical, bio-medical, liquid crystal, telecommunication, software, electrical, transportation, and engineering.
(193) Restaurant: An establishment where food and beverages are prepared and served for consumption on the premises or for carry-out for off-premises consumption.
(194) Resident: A person staying overnight in a dwelling unit for more than fourteen (14) consecutive days or a total of thirty (30) cumulative calendar days during any twelve (12) month period.
(195) Residential Facility: A home or facility that is licensed or certified by a government agency and provides residential services for more than twenty-four (24) hours for three (3) or more unrelated persons diagnosed with a physical or mental impairment, developmental disability, mental illness, or the aged, including but not limited to, group homes, nursing homes and assisted living facilities.
(196) Restoration: The replication or reconstruction of a building's original architectural features.
(197) Retail: See definition of "Business, Retail."
(198) Right-of-Way: A strip of land acquired by reservation, dedication, forced dedication, prescription, easement, or condemnation and intended to be occupied by a road, crosswalk, sidewalk, other access, railroad, electric transmission lines, oil or gas pipeline, water line, communication/data transfer, sanitary or storm sewer, and other similar uses.
(199) Riparian Corridor: An area of land comprised of vegetative and wildlife habitat adjacent to perennial and intermittent streams, rivers, lakes, shorelines, wetlands, or other areas strongly influenced by courses or bodies of freshwater.
(200) Roadside Stand: A removable structure used or intended to be used solely by the owner or the tenant of a property on which it is located for the sale of only seasonable agricultural products produced on the premises and to be removed and stored back of the building line on the property at the conclusion of the seasonal sales.
(201) Roof: A structural covering over any portion of buildings or structures including the eaves and similar permanently attached projections beyond the walls or supports of the building or structure excluding chimneys, antennas, vents, and any other mechanical equipment. See Figure 10.
(202) Rooming House: See definition of "House, Rooming."
(203) Satellite Signal Reception Device: A structure or combination of structures specifically designed to receive signals relayed by earth-orbiting communication satellites.
(204) Sorority: An organization officially associated with and recognized and supervised by an institution for higher education whose membership is limited exclusively to students of the said institution.
(205) Seat: For the purposes 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 twenty-four (24) lineal inches of benches, pews or space for loose chairs.
(206) Setback Line: A line established by the subdivision regulations and/or this Code generally parallel with and measured from the lot line, defining the limits of a yard in which no building, other than accessory building, or structure may be located above ground, except as may be provided in said codes. (See definitions for "Yards").
(207) Staff: Employees of the City of Kent, including but not limited to Community Development Department personnel.
(208) Stormwater Management Plan: A description of controls appropriate for each construction operation covered by the Kent Codified Ordinances to control storm water damage and sediment pollution of water resources, wetlands, riparian areas, other natural areas, and public and private lands.
(209) Story: The part of a building between the surface of a floor and the ceiling immediately above. See also definition of "Basement."
(210) 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 thereto.
(211) Street, Public: A public thoroughfare which has been dedicated to the public use and accepted by the Council or subject to public easements thereof, and which affords the principal means of access to abutting property.
(212) Street Right-of-Way Line: A dividing line between a lot, tract or parcel of land and a contiguous street. Where the lot, tract, or parcel of land has been conveyed to the center of the street, the street right-of-way line then becomes the inside line of land reserved for street purposes.
(213) Structure: Anything constructed or erected, the use of which requires location on the ground, or attachment to something having a fixed location on the ground. Among other things, structures include, but are not limited to, buildings, mobile homes, swimming pools, sheds, garages, walls, and fences.
(214) Structural Alteration: Any change in the supporting members of a building, such as bearing walls or partitions, columns, beams or girders, or any increase in the area of the building.
(215) Subdivision: See definition of "Subdivision" in Chapter 711 of the Ohio Revised Code (ORC) et seq., as amended.
(216) Subdivision, Minor: Any division of a parcel of land along an existing public street or road, not resulting in more than five (5) lots after the original tract has been completely subdivided. Also known as a "Lot Split."
(217) Subdivision, Major: Any subdivision that does not meet the requirements of a minor subdivision.
(218) Subdivision Regulations or "Regulations": The Subdivision Regulations of the City of Kent, Ohio, as amended.
(219) Substantial Construction/ Improvement: Any construction, improvement, reconstruction, repair, or alteration of a lot or structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the construction, improvement, reconstruction, repair, or alteration to the lot or structure, or if damaged, the value of the structure to be restored prior to being damaged.
(220) Supply Yards: A commercial establishment storing and offering for sale building supplies, steel supplies, coal, heavy equipment, feed and grain, and similar goods.
(221) Swimming Pool: A body of water in an artificial receptacle or other container partly or completely above or below grade, in-ground or above-ground.
(222) Technical Plan Review: A process following site plan approval in which detailed technical information pertaining to all applicable local building, fire and municipal codes are presented to and reviewed by the City Community Development Department and other City departments for conformance with applicable requirements.
(223) Telecommunication Antenna, Amateur Radio: A free standing or building-mounted structure, including any base, tower or pole, antenna, and appurtenances, intended for airway communication purposes by a person holding a valid amateur radio (HAM) license issued by the Federal Communications Commission (FCC).
(224) Telecommunication Antenna, Satellite Dish: A structure or combination of structures incorporating a reflective surface that is in the shape of a shallow dish, cone, horn or cornucopia specifically designed to transmit and/or receive radio electromagnetic waves between terrestrial and/or orbitally based uses. This definition is meant to include, but not be limited to, what are commonly referred to as satellite earth stations, television reception only satellite dish antennas (TVROs), and satellite microwave antennas. Such structures are accessory structures for the purpose of regulation in this Code and amendments hereto.
(225) Telecommunication Tower: Any pole, spire, structure or combination thereof, including supporting lines, cables, wires, braces and mast, designed and constructed primarily for the purpose of supporting one or more antennas, including self-supporting lattice towers, guyed towers, or monopole towers. A telecommunication tower may include, but not be limited to, radio and television transmission towers, microwave towers, common carrier towers, cellular telephone towers, and personal communication service towers. The term tower excludes amateur radio operator's equipment, as licensed by the Federal Communications Commission (FCC).
(226) Telecommunication and Data Transfer Facilities: Any cables, wires, lines, wave guides, antennas and any other equipment or facilities associated with the transmission or reception of telecommunications as authorized by the Federal Communications Commission (FCC), which a person seeks to locate or has installed upon a tower or antenna support structure.
(227) Telecommunication Antenna, Facade Mounted: A telecommunication antenna mounted on the facade of a structure such as a building, water tower, steeple, stack, existing light pole or communication tower.
(228) Telecommunication -- Co-location: The use of a telecommunication and data transfer facility by more than one telecommunications provider.
(229) Telecommunication Equipment Shelter: The structure in which the electronic receiving and relay equipment for a telecommunication and data transfer facility is housed.
(230) Telecommunication - Support Structure: Any building or other structure other than a tower which can be used for location of telecommunication facilities.
(231) Temporary Structure: A structure without any foundation or footing and removed when the designated time period, activity, or use for which the temporary structure was erected has ceased. Examples of temporary structures include, but are not limited to, tents, portable storage units, portable offices, and attendant shelters.
(232) Thoroughfare, Street or Road: The full width between property lines bounding every public right-of-way of whatever nature, with a part thereof to be used for vehicular traffic and designated as follows:
A. Alley: A minor street used primarily for vehicular service access to the back or side of properties abutting on another street.
B. Arterial Street: A general term denoting a highway primarily for through traffic, carrying heavy loads and large volume of traffic, usually on a continuous route.
C. Collector Street: A thoroughfare, whether within a residential, industrial, commercial or other type of development, which primarily carries traffic from local streets to arterial streets, including the principal entrance and circulation routes within residential subdivisions.
D. Cul-de-Sac: A local street of relatively short length having one end open to vehicular traffic and the other end permanently or temporarily terminating by a vehicular turnaround.
E. Dead-End Street: A street having only one point of egress outlet for vehicular traffic and intended to be extended or continued in the future.
F. Highway: A term applied to streets and roads that are under the jurisdiction of the state highway commission. A multilane highway, whether divided or undivided, is a major artery of an area's circulation network and serves a high volume of traffic for both short and long trips, therefore, any access to abutting properties is designed for with a degree of control with a standard of safety in mind.
G. Local Street: A street primarily for providing access to residential, commercial or other abutting property.
H. Loop Street: A type of local street, each end of which terminates at an intersection with the same arterial or collector street, and whose principal radius points of the one hundred and eighty (180) degrees system of turns are not more than one thousand (1,000) feet from said arterial or collector street, nor normally more than six hundred (600) feet from each other.
I. Marginal Access Street: A local or collector street, parallel and adjacent to an arterial or collector street, providing access to abutting properties and protection from arterial or collector streets. (Also called Frontage Street.)
J. Minor Arterial: A street with signals at important intersections and stop signs on side streets that collect and distribute traffic to and from collector streets; or minor arterial streets serving as routes with linkages to cities, larger towns, and other traffic generators that attract moderate traffic volumes at moderate speeds over similarly longer distances of travel. They provide an interconnecting network between larger cities and towns.
(233) Tree Lawn: The space between the public right-of-way line and the edge of the road pavement. Also known as "Devil's Strip."
(234) Use: The purpose of which a building or premises is or may be occupied. In the classification of uses, a "use" may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on in a building or on premises, or the name of a building, place or thing which name indicates the use or intended use.
(235) Variance: A formalized waiver of the strict terms of the relevant regulations where such waiver 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.
(236) Veterinary Animal Hospital or Clinic: A place used for the care, diagnosis and treatment of sick, ailing, infirm or injured animals, and those which are in need of medical or surgical attention, and may include overnight accommodations on the premises for the treatment, observation and/or recuperation.
(237) Vicinity Map: A drawing which sets forth by dimensions or other means, the relationship of the proposed subdivision or use to other nearby developments or landmarks and community facilities and services within the community to better locate and orient the area in question.
(238) Warehousing: A use engaged primarily in indoor storage, wholesale, and distribution of goods, products, supplies, and equipment, excluding bulk storage of materials.
(239) Wholesale Establishments: Business establishments that generally sell commodities in large quantities or by the piece to retailers, other wholesale establishments, or manufacturing establishments. The commodities are generally for further resale, for use in the fabrication of a product, or for use by a business service.
(240) Yard: An open space on the same lot as the principal building, unoccupied from the ground upward, except as otherwise permitted in this Code. The minimum required yard setbacks are the minimum depth of a front, rear or side yard necessary to conform to the required yard setback provisions of this Code. See Figure 11.
(241) Yard, Front: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the front lot line and the nearest line of the principal building. Corner lots in all districts are required to have the minimum front yard requirements as indicated in that district, facing both streets (see Figure 11).
(242) Yard, Rear: An open space extending the full width of the lot, the depth of which is the minimum horizontal distance between the rear lot line and the nearest line of the principal building (see Figure 11).
(243) Yard, Side: An open space between a principal building and the side lot line, extending from the front lot line to the rear lot line, the width of which is the horizontal distance from the nearest point of the side lot line and the nearest point of the principal building (see Figure 11).
(244) Zoning District: See definition of "District, Zoning."
(245) Zoning Map: The Zoning Districts Map of the City of Kent, Portage County, Ohio. https://www.kentohio.org/643/Zoning-Map
(246) Zoning / Use Certificate: The certificate adopted for use by the Community Development Director for the purpose of implementing Section 1111.01
(d) of this Code.
(Ord. 2021-057. Passed 6-16-21; Ord. 2022-099. Passed 9-21-22.)