(a) This Chapter incorporates all definitions found in Part 11 of the City of Kent Codified Ordinances.
(b) Should there be any conflict between definitions in this Chapter and Part 11, the definition in this Chapter controls for this Chapter only.
(c) Definitions:
(1) "Approved manner" means a manner which is in accordance with the existing minimum standards of the City Building Code.
(2) "Basement" means a portion of the building located underground, but having less than half its clear floor to ceiling height below the average grade of the adjoining ground.
(3) "Cellar" means a portion of a building located partly or wholly underground and having half or more than half of its clear floor to ceiling height below the average grade of the adjoining ground.
(4) "Dwelling" means any building, or portion thereof, which is designed or used primarily for residence purposes, including a single family, a household unit as that term is defined in this Chapter, a rooming house, a boarding house, a two-family dwelling, and a multifamily dwelling but not including hotels, motels, and bed and breakfasts.
(5) "Dwelling unit" means any room or group of rooms located within a dwelling and forming a residence 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 that term is defined in this Chapter, or three or more unrelated individuals.
(6) "Dwelling, Two Family" means 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.
(7) "Dwelling, Multifamily" means a building consisting of three (3) or more dwelling units, including condominiums, with varying arrangements of entrances and parting walls.
(8) "Extermination" means the control and elimination of insects, rodents or other pests by eliminating their harborage places by removing or making inaccessible materials that may serve as their food; by poisoning, fumigating, spraying, trapping; or by any other recognized legal pest elimination methods approved by the Department of Health.
(9) "Family" means individuals who are related by marriage, legally recognized civil union, adoption, or who are within three (3) degrees (or fewer) of consanguinity. See Table of Consanguinity found in Chapter 11.
(10) "Garbage" means all discarded putrescible materials including, but not limited to, animal, vegetable or fruit wastes resulting from the handling, storage, preparation or eating of food and handling and disposal of small dead animals.
(11) "Guest" means a person, who does not meet the definition of a resident, temporarily staying in a dwelling unit with the consent of a member of the household, who has express or implied authority to so consent.
(12) "Habitable room" means a room or enclosed floor space used or intended to be used for living, sleeping, cooking or eating purposes excluding bathrooms, water closet compartments, laundries, pantries, foyers or communication corridors, closets and storage spaces.
(13) "Health Commissioner" means that individual as defined by Ohio R.C. 3709.14 or his/her authorized representative.
(14) "Household Unit" is defined in KCO 1122 as a family, a family and one unrelated person, a single person, two unrelated persons, or any of these four designations and a caregiver(s) (as these terms are defined by the City of Kent Zoning Ordinance) residing in a dwelling unit. Persons residing in a rooming house, boarding house hotel, group dwelling, fraternity, or sorority house, together, do not constitute a household unit.
(15) "Housing Code" means the Environmental Health and Housing Maintenance Code adopted by Ordinance 1979-219, passed December 5, 1979, as amended, which is codified as Title Seven
of this Building Code.
(16) "Infestation" means the presence within or around a dwelling of any insects, rodents or other pests.
(17) "Occupant" means any individual who is a resident or guest of a dwelling unit, as those terms are defined in this Chapter.
(18) "Operator" means any person, property manager, or agent who has or has been designated by the owner to have charge, care or control of a residential rental unit.
(19) "Owner" means any person who alone or jointly or severally with others has legal title to any dwelling or dwelling unit with or without accompanying actual possession thereof or has charge, care or control of any dwelling or dwelling unit as owner or agent of the owner or as buyer under land contract, or as executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner. Any such person thus representing the actual owner shall be bound to comply with the provisions of this Housing Code and of rules and regulations adopted pursuant thereto to the same extent as if he were the owner.
(20) "Permissible occupancy" means the maximum number of persons permitted to reside in a residential rental unit.
(21) "Person" means an individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency or any entity recognized by law.
(22) "Plumbing" includes all of the following supplied facilities and equipment: gas pipes, gas burning equipment, water pipes, garbage disposal units, waste pipes, water closets, sinks, installed dishwashers, lavatories, bathtubs, shower-baths, installed clothes washing machines, catch basins, drains, vents and any other connections installed or connected to water, sewer or gas lines.
(23) "Premises" whenever used in this Housing Code means not only the dwelling and other buildings of whatever nature located on the lot, but also the entire parcel of land surrounding such buildings including but not limited to fences, walkways, walls and appurtenances.
(24) "Qualified Vacant Rental Unit" is any dwelling unit that, at the time of inspection, is not occupied by a tenant or any other person.
(25) "Residential Rental Unit" is any dwelling unit or portion of a dwelling unit that is occupied by an individual or individuals other than the property owner or member of the property owner's household unit, regardless of whether the occupant compensates the property owner, or is a qualified vacant rental unit.
(26) "Resident" means 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.
(27) "Solid waste" means such unwanted residual solid or semi-solid materials as results from industrial, commercial, agricultural and community operations, excluding earth or material from construction, mining or demolition operations, or other waste materials of the type that would normally be included in demolition debris, nontoxic fly ash, spent nontoxic foundry sand, and slag and other substances that are not harmful or inimical to public health, and includes, but is not limited to, garbage, tires, combustible and noncombustible material, street dirt and debris. Solid waste does not include any material that is an infectious waste, a hazardous waste, an asbestos waste or material defined in Section 935.02
(h).
(28) "Supplied" means paid for, furnished or provided by or under the control of the owner or operator.
(29) "Tenant" is any person who occupies a dwelling unit other than the owner, a member of the owner's family, or a member of the owner's household unit as that term in defined in this Chapter.
(30) "Unrelated" means persons not meeting the definition of "family" listed in item (9) of this "Definitions" section.
(31) "Net floor area" means the actual occupied area, not including accessory unoccupied areas or thickness of walls.
(d) Regulations.
(1) Unless the dwelling unit is a licensed rooming house or a licensed boarding house, each dwelling unit may only contain one family or one household unit as that term is defined by KCO 1122.
(2) An attached garage for purposes of determining the front, side and rear yards shall be considered a part of the dwelling.
(Ord. 2016-40. Passed 4-20-16.)