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For the purpose of this Zoning Code, certain terms or words used herein shall be interpreted as follows. Unless the context otherwise requires, the following definitions shall be used in the interpretation and construction of this Zoning Code. Words used in the singular number shall include the plural, and the plural the singular. The word "BUILDING" shall include the word "STRUCTURE." The word "USED" shall include the words "ARRANGED, DESIGNED, CONSTRUCTED, ALTERED, CONVERTED, RENTED, LEASED OR INTENDED TO BE USED." The present tense includes the future tense. The words "USED" and "OCCUPIED" include the words "INTENDED, DESIGNED OR ARRANGED TO BE USED OR OCCUPIED." The word "LOT" includes the words "PLOT" and "PARCEL." The word "shall" is mandatory. The word "may" is permissive.
(1) ACCESS: Provisions for entranceways for servicing, fire protection and required off-street parking.
(2) ACCESSORY USE OR STRUCTURE: Any building or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure.
(3) AGRICULTURE: The use of land for cultivation or tillage, including farming, dairying, pasturage, agriculture, horticulture, floriculture, vitaculture and animal and poultry husbandry. A use shall be classified as agricultural only if it is the principal use of the premises. It shall not include the commercial feeding of garbage or offal to animals or raising animals solely for their pelts.
(4) APARTMENT STRUCTURE: Multifamily residential structures, which include row houses, garden apartments, medium and high-rises, or other forms of structures which house more than three families.
(5) BASEMENT HOUSE: A basement, without another story above, in which there are cooking facilities and sleeping quarters.
(6) BOARD: The Board of Zoning and Building Appeals of the City of Norton, as created by ordinance of the City of Norton, Ohio.
(7) BREEZEWAY: A structure for the principal purpose of connecting the main building on a property with other main or accessory buildings. Such structures may not be more than sixteen feet high at the ridge. They may be either enclosed or left open.
(8) BUILDABLE AREA: The portion of a lot remaining after required yards have been provided.
(9) BUILDING: Any structure having a roof supported by columns or by walls, whether stationary or movable.
(10) BUILDING COVERAGE: The land area covered by all buildings on a lot, including all projections except eaves.
(11) BUILDING HEIGHT: The vertical distance measured from the average level of the highest and lowest point of that portion of a lot covered by a building to the highest point of the roof beams or ridge rafters.
(12) BUILDING LINE: The rear line of a front yard along a street frontage.
(13) DRIVE-IN RESTAURANT OR REFRESHMENT STAND: Any place or premises used for the sale, dispensing or serving of food, refreshments or beverages in automobiles, including those establishments where customers may serve themselves and may eat or drink the food, refreshments or beverages on the premises.
(14) DWELLING, MOBILE HOME: A detached residential dwelling unit designed for transportation, after fabrication, on streets or highways on its own wheels or on a flatbed or other trailer, and arriving at the site where it is to be occupied as a dwelling, complete and ready for occupancy, except for minor and incidental unpacking and assembly operations, location on jacks or other temporary connections to utilities and the like. A travel trailer is not to be considered as a mobile home.
(15) DWELLING, MULTIPLE FAMILY: A residential building designed for or occupied by three or more families, with the number of families in residence not exceeding the number of dwelling units provided. All necessary domestic employees of such families are permitted. (See also "MULTIFAMILY DWELLING.")
(16) DWELLING, ONE-FAMILY: A detached residential dwelling unit, other than a mobile home, designed for and occupied by one family only, including all necessary domestic employees of such family.
(17) DWELLING, TWO-FAMILY: A detached residential building containing two dwelling units, designed for occupancy by not more than two families, including all necessary domestic employees of such families.
(18) DWELLING UNITS: One room, or rooms connected together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities.
(19) FENCE: A yard enclosure.
(20) GARAGE: A building, shed or enclosure, or a part thereof, in which a motor vehicle is stored, housed, repaired or kept.
(NOTE: Within the meaning of this definition, that part of a building which harbors a motor vehicle, of any kind whatever, having gasoline or other volatile flammable oil, no matter how little or for what purpose, in its fuel storage tank, is a garage, irrespective of the occupancy of other parts of the building. A motor vehicle repair shop shall be included in that term, as well as an automobile sales room, if there is gasoline in the tank of any car housed therein.)
(21) GASOLINE SERVICE STATION: A structure, building or premises, or any portion thereof, where volatile flammable liquid for retail supply to motor vehicles is stored, housed or sold.
(22) GRADE ESTABLISHED: The elevation of a street established by the proper governmental agency.
(23) GRADE NATURAL: The elevation of the undisturbed natural surface of the ground adjoining a building or structure.
(24) HOME OCCUPATION: Any activity, profession, occupation, service, craft, or revenue-producing hobby conducting within a dwelling, carried on by the inhabitants thereof, which use is clearly incidental to the use as a dwelling and does not change the character thereof, and otherwise complying with the applicable provisions of this Zoning Code. The following uses, and uses similar to the following, are specifically excluded from the meaning of “home occupation”: clinics, hospitals, barber shops, beauty parlors, tea rooms, tourist homes, bed and breakfast, animal hospitals or kennels. For purposes of this Code, home occupations are of two types:
A. HOME OCCUPATION TYPE A: A home occupation involving any of the following activities:
2. Business service such as accounting, tax preparation, law office;
3. Instruction in music, dance, or similar arts;
4. Production of crafts or goods, art studio;
5. Tailor, seamstress;
6. One employee permitted for a Type A business inside of the dwelling.
B. HOME OCCUPATION TYPE B: A home occupation involving any of the following activities:
1. Maintenance or construction services, including but not limited to landscaping, plumbing, and electrical;
2. Activities not listed as Type A home occupations and which are determined by the Board of Zoning Appeals to be similar in nature and impact to listed home occupations and in compliance with the standards for home occupations.
(25) INTERSECTING ROADS: The junction of two roads, regardless of whether one or the other of such roads crosses the other.
(26) LEAST DIMENSION: At any level of a yard or court, the least of the horizontal dimensions of such yard or court at such level. If two opposite sides of a yard or court are not parallel, the horizontal dimensions between them shall be deemed to be the mean distance between them.
(27) LOADING SPACE, OFF-STREET: Space logically and conveniently located for bulk pick-ups and deliveries, scaled to delivery vehicles expected to be used, and accessible to such vehicles when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in the computation of required off-street parking space.
(28) LOT: A parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage and area, and to provide such yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, and may consist of:
A. A single lot of record.
B. A portion of a lot of record.
C. A combination of complete lots of record, of complete lots of record and portions of lots of record, or of portions of lots of record.
D. A parcel of land described by metes and bounds, provided that in no case of division or combination shall any residual lot or parcel be created which does not meet the requirements of this Zoning Code.
A parcel or parcels of land under single ownership and contiguous to each other shall be considered as a single lot.
(29) LOT FRONTAGE: The portion of a lot nearest the street. For the purposes of determining yard requirements on corner lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "YARDS" in this section.
(30) LOT LINES: The lines bounding a lot, as defined herein.
(31) LOT MEASUREMENTS:
A. DEPTH: The distance between the midpoints 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.
B. WIDTH: The distance between the midpoints of straight lines connecting the front and rear lot lines at each side of the lot, measured across the rear of the required front yard, provided, however, that the width between side lot lines at their foremost points (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 a cul-de-sac, where the eighty percent requirement shall not apply.
(32) LOT OF RECORD: A lot which is part of a subdivision recorded in the office of the Recorder of Summit County, Ohio, or a lot or parcel described by metes and bounds, the description of which has been so recorded.
(33) MINI STORAGE FACILITY: A structure containing separate, multiple, individual, and private storage spaces leased or rented on individual leases for varying periods of time.
(34) MORTUARY: An establishment for the care and preparation of deceased human bodies for burial and for funerals, with accommodations permitted for one one-family living quarters for the owner and/or employees in any part of the building, but excluding crematories.
(35) MULTIFAMILY DWELLING: A building, or portion thereof, arranged, designed and intended to contain three or more apartments independent of each other. (See also "DWELLING, MULTIPLE FAMILY".)
(36) NON-CONFORMING USE: A use that does not comply with the use regulations of the district in which it is situated, or a use of any structure or land lawful at the time of the enactment of this Zoning Code, or lawful at the time of any amendment thereafter, which does not conform to the provisions hereof or thereof for the district in which it is situated.
(37) OUTDOOR ADVERTISING BUSINESS: Provision of outdoor displays or display space on a lease or rental basis only.
(38) PARKING SPACE, OFF-STREET: Required off-street parking areas for three or more automobiles, which areas shall have individual spaces marked and be so designed, maintained and regulated that no parking or maneuvering incidental to parking shall be on any public street, walk or alley and so that any automobile may be parked and unparked without moving another.
(39) PERSON: An individual, firm, association, organization, partnership, trust, company, corporation or other entity.
(40) PLACES OF AMUSEMENT: Motion picture shows, all sporting contests and athletic events, exhibitions, concerts, lectures, vaudeville, bowling, dancing, golf, amusement parks and all forms of recreation therein, billiards, pool, operatic performances, theatrical performances, miniature golf courses, driving ranges, public or private membership swimming pools, and any other form of diversion, sport, pastime or recreation, but not including circuses, side-shows, go-kart race tracks or skill-based amusement arcades.
(41) PRIVATE STABLE OR BARN: A building or structure designed and intended to be used for housing members of the horse family, together with equipment incidental thereto, for the private use of the occupants of the premises.
(42) PUBLIC: Open to all people and maintained at public expense under public control.
(43) REAR LINE: The lot line opposite the front line of a lot.
(44) SCHOOL: Public, private or parochial schools offering general educational courses of study.
(45) SIDE LINE: Any lot line that is not a rear line or a front line.
(46) SIGN: Any device designed to inform or attract the attention of any person not on the premises on which the sign is located.
(47) SKILL-BASED AMUSEMENT ARCADES, CLASS I: A place of business where three or more skill-based amusement devices are located, as the primary use, for the entertainment of persons patronizing the place of business.
(48) SKILL-BASED AMUSEMENT ARCADE, CLASS II: A place of business which holds a D3 or D3A liquor permit and has less than three skill-based amusement devices as an ancillary use on premises.
(49) STREET: A duly dedicated, public thoroughfare.
(50) STREET LINE: The dividing line between a street and an abutting parcel of land or lot. The right-of-way line of a street.
(51) STREET WALL: The wall of a building at any level nearest the street line.
(52) STRUCTURE: Anything constructed or erected with a fixed location on the ground, or attached to something having a fixed location on the ground.
(53) TOWING SERVICE/IMPOUND LOT: A towing service is an establishment which provides for the removal and temporary storage of vehicles, but does not include repair, disposal, permanent disassembly, salvage, or storage of inoperable vehicles. An impound lot is a site used for the temporary outdoor storage of vehicles which are: wrecked and awaiting insurance adjustment or transport for repair; or vehicles which are otherwise ordered into storage by a law enforcement agency, but not a site on which vehicles are dismantled or wrecked.
(54) TOWNSHIP LOT: The geographical division of Norton Township, now the City of Norton, as surveyed and plotted at the time of the original survey of said Township, as now used and designated by the Recorder of Summit County to identify geographical subdivisions of said Township.
(55) TRAVEL TRAILER: A vehicular, portable structure built on a chassis, designed to be used as a temporary dwelling for travel and recreational purposes, having a body width not exceeding eight feet and not exceeding thirty feet in length.
(56) USE: The purpose for which a building or premises is or may be occupied. In the classification of uses, a “use” may be a use as commonly understood or the name of an occupation, business, activity or operation carried on, or intended to be carried on, in a building or on a premises, or the name of a building, place or thing, which name indicates the use or intended use.
(57) USED AUTO SALES: Premises on which only used passenger automobiles, trailers or trucks are displayed in the open for sale or trade. The sale of used vehicles, as part of a new vehicle dealership, is not included within the meaning of the phrase “used auto sales”.
(58) VARIANCE: A relaxation of the terms of this Zoning Code, where such variance will not be contrary to the public interest and where, owing to conditions peculiar to a property and not the result of the actions of an applicant, a literal enforcement of this Zoning Code would result in unnecessary and undue hardship.
(59) WHEELCHAIR ACCESSIBILITY RAMP: A sloped entrance to a structure designed to accommodate wheelchair access. Where occupants of existing single family residential structures establish the need to install a ramp to accommodate wheelchair access, the Zoning Inspector shall have authority to waive the setback requirement to the minimum extent necessary to provide for the access.
(60) YARD: Any space on a lot or lands open and unobstructed from the ground upward to the sky.
A. FRONT YARD: An open unoccupied space on the same lot with a building, between the front line of the building or any projection thereof, except steps, and the front lot line.
B. SIDE YARD: An open unoccupied space on the same lot with a building, between the side of the main building and the side line of the lot, extending from the front yard to the rear yard.
C. REAR YARD: An open unoccupied space on the same lot with a building, between the rear line of the main building or any projection thereof, except steps, and the rear lot line. On corner lots, the rear yard shall be construed as parallel to the street upon which such lot has its least dimension. On any lot, the rear yard shall be that portion of the lot directly opposite the front yard.
D. SPECIAL YARD: A yard behind any required yard adjacent to a public street, required to perform the same functions as a side or rear yard, but adjacent to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies.
(Ord. 1-1988. Passed 4-11-88; Ord. 19-1994. Passed 2-28-94; Ord. 52-2002. Passed 9-23-02; Ord. 3-2004. Passed 2-9-04; Ord. 108-2004. Passed 12-13-04; Ord. 48-2005. Passed 6-27-05; Ord. 69-2007. Passed 11-12-07.)