In interpretation and application, the provisions of this Zoning Code shall be held to be the minimum requirements adopted for the promotion of the public health, safety, comfort, convenience, prosperity, and general welfare. It is not the intent of this Zoning Code to repeal, abrogate, annul, or to impair or interfere with any existing provision of law or ordinance, or any rules, regulations, or permits previously adopted or issued, or which shall be adopted or issued pursuant to law relating to the use of buildings or premises; nor is it intended by this Zoning Code to interfere with or abrogate or annul any easement, covenant, or other agreement between parties. However, where this Zoning Code imposes a greater restriction on the use of buildings or premises or on the height of buildings, or requires larger yards or other open spaces than are imposed or required by such existing provisions of law or ordinance or by such rules, regulations, or permits or by such easements, covenants, or agreements, the provisions of this Zoning Code shall control.

(Prior code § 153.001; Ord. 322-1976)

(Ord. No. 281-2021)

A.

Function. No person shall use or permit the use of any building or premises or part thereof hereafter erected, created, changed, or converted wholly or partly in its use or structure until the Chief Building Official of Summit County, Ohio, Department of Building Standards has issued a certificate of occupancy stating that the building and premises comply with the Ohio Building Code, other construction codes regulated by the State of Ohio and enforced by the Chief Building Official of Summit County, and the provisions of this Zoning Code, provided that nothing in this section shall prevent the continuance of the present occupancy or Use of any premises or of any existing building as provided by Sections 153.390 through 153.398.

(Prior code § 153.002; Ord. 739-1987; Ord. 322-1976)

(Ord. 281-2021; Ord. 3-2025)

A.

Issuance. No permit for the erection of any building and no permit for the construction, alteration, or change of a building or premises shall be issued unless the plans, specifications, and intended use conform in all respects with the provisions of this Zoning Code or amendments thereto hereafter duly enacted.

B.

Plans. All applications for building permits shall be accompanied by a plan in duplicate, drawn to scale, showing the actual dimensions of the lot to be built on, all buildings existing on such a lot, the size and proposed location of the structure for which the application for a permit is made and such other information as may be necessary to provide for the enforcement of this Zoning Code, or that may be required by the rules and regulations of the Board of Zoning Appeals. A careful record of such applications and plans shall be kept in the office of the Superintendent. The lot or yard areas provided about any existing building as required by this Zoning Code shall not be diminished or used as a part of the required lot or yard areas for any other building. Penalty, see § 153.199.

(Prior code § 153.003; Ord. 739-1987; Ord. 322-1976)

This Zoning Code shall be enforced by the Director and other designees appointed by the Mayor.

(Prior code § 153.004; Ord. 759-1987; Ord. 322-1976)

(Ord. 3-2025)

A.

The definitions in the Building Code relating to signs are adopted as if the same were fully written herein, subject to the additional definitions, changes, or amendments listed below. Any future changes, deletions, or additions to the pertinent definitions in the Building Code are automatically incorporated in this section by reference as though fully written in this section.

B.

As used in this chapter,

1.

"Lot" includes the words "plot" and "parcel";

2.

"Used" or "occupied" include the words "arranged" and "intended" and the phrase "designed to be used or occupied";

3.

"Building" or "structure" include the phrase "or portion thereof"; and

4.

"Located" includes the words "erected" and "altered."

C.

For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning:

1.

"Accessory use." A subordinate use customarily incidental to the main use or structure. Such "accessory use" shall be located on the same lot occupied by the main use or building, with the exception of those specific instances listed in this Zoning Code. An "accessory use" shall include parking areas, driveways and other required facilities.

2.

"Accessory structure." A subordinate structure customarily incidental to the main use or structure. "Accessory structure" includes, but is not limited to, agricultural buildings, barns, carports, parking/storage for collector cars, gazebos, garages, greenhouses, sheds, storage buildings, swimming pools, satellite dishes and any similar type of structure. Such "accessory structure" shall be located on the same lot occupied by the main use or building, with the exception of those specific instances listed in this Zoning Code.

3.

"Adult arcade." Any place to which the public is permitted or invited wherein coin-operated or token-operated or electronically, electrically or mechanically controlled still or motion picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by the depicting or describing of "specified sexual activities" or "specified anatomical areas."

4.

"Adult bookstore" or "adult video store." A commercial establishment which as one of its principal business purposes offers for sale or rental for any form of consideration any one or more of the following:

(a)

Books, magazines, periodicals or other printed matter or photographs, films, motion pictures, video cassettes or video reproductions, slides, or other visual representations which depict or describe "specified sexual activities" or "specified anatomical areas"; or

(b)

Instruments, devices or paraphernalia, other than medical or contraceptive devices, which are designed for use in connection with "specified sexual activities."

5.

"Adult cabaret." A nightclub, bar, restaurant or similar commercial establishment which regularly features:

(a)

Persons who appear in a state of nudity; or

(b)

Live performances which are characterized by the exposure of "specified anatomical areas" or by "specified sexual activities"; or

(c)

Films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

6.

"Adult motion picture theater." A commercial establishment where, for any form of consideration, films, motion pictures, video cassettes, slides or similar photographic reproductions are regularly shown which are characterized by the depiction or description of "specified sexual activities" or "specified anatomical areas."

7.

"Adult theater." A theater, concert hall, auditorium or similar commercial establishment which regularly features persons who appear in a state of nudity or live performances which are characterized by the exposure of "specified sexual activities" or "specified anatomical areas."

8.

"Alternative permeable paving surface." Any permanent surface that permits water to penetrate the ground, including, but not limited to, brick, grass pavers, turf blocks, natural stone pavers, pervious concrete, porous asphalt, and paving stones. No loose stones, rocks, gravel, or other materials shall be considered as an "alternative permeable paving surface."

9.

"Apartment." A dwelling unit in an apartment house.

10.

"Apartment house." A building containing three or more dwelling units.

11.

"Appeal." An appeal to the Board of Zoning Appeals under the article on Board of Zoning Appeals at Sections 153.401 et seg.

12.

"Application." An application to the Board of Zoning Appeals under the article on Board of Zoning Appeals at Sections 153.401 et seg.

13.

"Arcade." Any establishment, room or place where more than four coin-operated amusement devices are available to the public.

14.

"Automobile service station." A use of premises primarily for the retail sale of gasoline, oil, grease, batteries, accessories and other products for the use of the automobile traveling public. No major repairs are permitted at an automobile service station. The rendering of services and making of adjustments, replacements or repairs to motor vehicles except major repairs; and the washing, waxing and polishing of motor vehicles when not done automatically and when clearly incidental to other permitted services are permitted as an accessory use to the automobile service station.

15.

"Awning or canopy sign." A sign painted on, printed on or attached flat against the surface of an awning, canopy or similar structure.

16.

"Biomedical Incentive Zone." Established as follows:

Beginning at the intersection of the centerlines of West Bartges Street and Rand Avenue; thence northerly and easterly along the centerline of Rand Avenue to the centerline intersection with Cedar Street; thence in a northwesterly direction along the centerline of Cedar Street to its intersection with the centerline of Bonnie Brae Avenue; thence in a northeasterly direction along the centerline of Bonnie Brae Avenue to its intersection with the centerline of West Exchange Street; thence in a southeasterly direction along the centerline of West Exchange Street approximately 47 feet to its intersection with the westerly property line of permanent parcel no. 67-17610, currently owned by Erin Hirsch; thence northeasterly along said Hirsch property line to the most northerly corner of said Hirsch property; thence following the northeasterly boundary line of the current retail business use district (U3, H2, A4) on the north side of West Exchange Street, generally following the rear lot lines of the properties on the north side of West Exchange Street, to its intersection with the centerline of Rand Avenue; thence northeasterly along the centerline of Rand Avenue to its intersection with Wills Avenue; thence northeasterly along the centerline of Wills Avenue to its intersection with the centerline of Locust Street; thence southerly along the centerline of Locust Street to its intersection with the centerline of Rand Avenue; thence northeasterly along the centerline of Rand Avenue to its intersection with the centerline of West Market street; thence southeasterly along the centerline of West Market Street to the northwesterly line of the Martin Luther King, Jr., Freeway (State Route 59); thence northeasterly along the northwesterly line of the Martin Luther King, Jr., Freeway to its intersection with the centerline of North Howard Street; thence northeasterly along the centerline of North Howard Street to its intersection with a southeasterly extension of the northerly line of lot 1 in block 13 in King's Addition to the City of Akron as recorded in Portage County records, book U, pgs. 555-566, and on pgs. 16-17 of Summit County transcribed record of plats; thence northwesterly along said northerly line of lot 1 in block 13 in King's Addition to the City of Akron to its intersection with the centerline of Canal Street; thence northeasterly along the centerline of Canal Street to its intersection with the centerline of Furnace Street; thence southeasterly along the centerline of Furnace Street to its intersection with the easterly line of permanent parcel no. 68-60732, currently owned by Testa Enterprises, Inc.; thence northeasterly along said Testa Enterprises property line to its intersection with the centerline of Ridge Street; thence southeasterly along the centerline of Ridge Street and an extension thereof to its intersection with the rear lot line of lot 2 in block 40 of Perkins Addition to Akron as recorded in P.B. 1, pg. 48; thence northeasterly along the northerly lot lines of lots 2 through 8 of said block 40 of Perkins Addition to Akron to its intersection with a northwesterly extension of the centerline of North Summit Street; thence southeasterly along said extension of the centerline of North Summit Street to its intersection with the centerline of Furnace Street; thence northeasterly along the centerline of Furnace to its intersection with the easterly line of lot 6 in block 39 of Perkins Addition to Akron as recorded in P.B. 1, pg. 52; thence southeasterly along the easterly line of said lot 6 and an extension thereof to its intersection with the centerline of the most southerly track of the Wheeling & Lake Erie Railway; thence southeasterly along the centerline of said track to its intersection with the south line of permanent parcel no. 67-52600, currently owned by the Wheeling & Lake Erie Railway Company; thence northeasterly along the south line of said Wheeling & Lake Erie Property to an angle point; thence continuing along the same vector and crossing said Wheeling & Lake Erie property to a point on the north property line of said parcel; thence easterly along the northerly property line of said Wheeling & Lake Erie property, the southerly property lines of permanent parcel nos. 67-19906 and 67-52620, currently owned by Cotter Merchandise Storage Company and the Wheeling & Lake Erie Railway Company respectively, to the intersection with the centerline of the State Route 8 overpass; thence southwesterly along the centerline of State Route 8 to its intersection with the centerline of Perkins Street; thence easterly along the centerline of Perkins Street to its intersection with the west line of lot 35 of the L. N. Smith allotment, as recorded in P.B. 2, pg. 39; thence southerly along the west line of said lot 35 to its intersection with the centerline of Ohio Street; thence easterly along the centerline of Ohio Street to its intersection with the centerline of Arch Street; thence southerly along the centerline of Arch Street to its intersection with the centerline of North Forge street; thence northeasterly along the centerline of North Forge Street to its intersection with the south line of lot 9 of the C. Oberholtz Estate allotment as recorded in P.B. 2, pg. 43; thence easterly along the south line of said lot 9 to its intersection with the west line of lot 10 in said allotment; thence southerly along the west line of said lot 10 and a southerly extension thereof to the north line of permanent parcel no. 68-05036, currently owned by Summa Health System Hospitals; thence easterly, southeasterly, and southerly along the boundary line of said Summa Health System parcel to the southeast corner thereof; thence westerly along the south line of said parcel to the northeasterly corner of permanent parcel no. 68-57960, currently owned by Summa Health System Hospitals; thence in a southerly direction along the east line of said Summa Health System parcel to its intersection with the centerline of Philip Avenue; thence westerly along the centerline of Philip Avenue to its intersection with a northerly extension of the easterly line of lot 29 of the Auble allotment, as recorded in P.B. 5, pg. 8; thence southerly along said extension of the east line of lot 29, and along the easterly lines of lots 29,16, and 3 of said allotment to the centerline of Upson Street; thence east along the centerline of Upson Street to its intersection with the centerline of Bloom Alley (16.50 feet in width); thence southerly along the centerline of Bloom Alley to its intersection with the centerline of Hazel Street; thence easterly along the centerline of Hazel Street to its intersection with the centerline of Ames Court; thence southerly and northwesterly along the centerline of Ames Court to a northerly extension of the east line of lot 6 of the F.A. Wilcox allotment as recorded in P.B. 6. pg. 51; thence southerly along the easterly line of said lot 6 to the centerline of East Market Street; thence in a northwesterly direction along the centerline of East Market street to its intersection with the centerline of the CSX Mainline tracks located just west of College Street; thence in a southwesterly direction along the centerline of the CSX Mainline tracks to its intersection with the centerline of East Mill Street; thence northwesterly along the centerline of East Mill Street to its intersection with the centerline of South Main Street; thence in a southwesterly direction along the centerline of South Main Street to its intersection with the centerline of Bowery Street; thence in a westerly direction along the centerline of West Bowery Street to its intersection with a northerly extension of the westerly line of Block C of the Cascade allotment as recorded in P.B. 92, pgs. 55-61; thence in a southerly direction along the westerly line of Block C and an extension thereof to its intersection with the centerline of the Ohio and Erie Canal; thence in a southwesterly direction along the centerline of the Ohio and Erie Canal to its intersection with the centerline of Cedar Street; thence in a southeasterly direction along the centerline of Cedar Street to its intersection with the centerline of South High Street; thence in a southwesterly direction along the centerline of South High Street to its intersection with the centerline of Bartges Street; thence in a westerly direction along the centerline of Bartges Street to the point of beginning.

17.

"The Board" or "Board." The Board of Zoning Appeals.

18.

"Building." Any structure used for the support, enclosure, shelter or protection of persons, animals, chattels or property.

19.

"Building Code."Title 19 of this Code of Ordinances and all subsequent amendments thereto.

20.

"Building frontage." The length of the ground-floor level of the front or side of a principal structure which front or side faces a street or public right-of-way.

21.

"Building line." The line that establishes the "front yard" of a lot or parcel of land. All corner lots have two building lines: one that establishes the front yard of the building and structure facing one street and one along the side of the building and structure facing the other street.

22.

"Business center sign." A sign which gives direction and identification to a group of two or more uses, whether or not under single management, but which is located on a parcel or adjoining parcels of land in a single ownership.

23.

"Changeable copy sign." A sign on which copy is changed manually, mechanically or electronically.

24.

"Child day care." The act of administering to the needs of infants, preschool children and school-age children outside of school hours by persons other than their parents for any part of the twenty-four-hour day but does not include the care of children in places of worship.

25.

"Child day care business center." Any building or premises in which child day care is provided for ten or more children.

26.

"Child day care center." Any building or premises in which child day care is provided for seven to nine children.

27.

"Child day care home." Any building or premises in which child day care is provided for six or fewer children, including the owner/operator's children, as contained in R.C. 5104.054.

28.

"Church." A building used as a place for the public exercise of religion such as a chapel, mosque, synagogue, or temple, including facilities for associated social or charitable functions, such as day care centers or nursery schools.

29.

"Condominium housing." A multiple-family dwelling in which each dwelling unit is owned or financed by the occupant or occupant's lessor, but in which the common halls, entrances, drives and underlying lands are owned jointly by the owners of all dwelling units. For the purposes of this Zoning Code, all regulations applying to a two-family dwelling shall also apply to a two-unit condominium. Likewise, all regulations applying to an apartment house shall also apply to a condominium of three units or more.

30.

"Controlled-access highway." A highway or throughfare so classed or established by the Akron Metropolitan Area Transportation Study, or amendments thereto.

31.

"Corner lot." A lot at the junction of and fronting on two or more intersecting streets. For the purposes of this Zoning Code, a "corner lot" shall have a frontage of not over one hundred twenty feet on either of the intersecting streets.

32.

"Curb level." The mean level of the curb, or established grade, in front of the structure. Where no curb level has been established or where the structure is back from the street line, the average ground level of the portion of the lot that is within ten feet of the structure, if higher than the curb level, shall be considered to be the "curb level."

33.

"Director." The Director of the Department of Planning and Urban Development.

34.

"Discount store." A store that sells a variety of inexpensive items, all or substantially all of which are priced five dollars or less, excluding a grocery store.

35.

"Dormitory." A rooming house unit in which an unlimited number of residents are permitted to sleep subject to all the provisions of this chapter.

36.

"Downtown." Established as follows: Beginning at the intersection of the centerlines of Cedar Street and Locust Street; thence northerly along the centerline of Locust Street to the centerline intersection of Center Street and Dart Avenue; thence northeasterly along the centerline of Dart Avenue (Ash Street) to the centerline intersection with West Market Street; thence easterly along the centerline of West Market Street to the intersection of the centerline of Canal Street; thence northerly along the centerline of Canal Street to the intersection of the centerline of Furnace Street; thence easterly along the centerline of Furnace Street to the intersection of the centerline of North Howard Street; thence northerly along the centerline of North Howard Street to the intersection of the centerline of the Cuyahoga Valley scenic railroad tracks; thence easterly along the centerline of the Cuyahoga Valley scenic railroad tracks to the centerline of North Summit Street, extended; thence southeasterly along the centerline of North Summit Street, extended to the intersection of the centerline of Bluff Street; thence southerly continuing along the centerline of Summit Street to the centerline of East Mill Street; thence continuing southerly along the back property lines of those properties abutting along the east line of Broadway to the intersection of the centerline of Cedar Street; thence westerly along the centerline of Cedar Street to the place of beginning.

37.

"Dwelling." A building arranged, intended or designed to contain one or two dwelling units.

38.

"Dwelling unit." A single residential unit providing complete independent living facilities for one family, including permanent provisions for living, sleeping, eating, cooking and sanitation, and which has enclosed access between all sleeping rooms and the living, eating, cooking and sanitation facilities.

39.

"East Market Street Urban Overlay Area." An area generally bounded by the parcels with street frontage along the north and south sides of East Market Street between Fountain Street and Case Avenue; parcels on the north and south sides of East Exchange Street between Forest Street and East Market Street; parcels with street frontage on the east and west sides of South Arlington Street between East Market Street and Johnston Street; and parcels on Fountain Street, Adolph Street, Franklin Street, Spruce Street, and Ivan Place.

40.

"Electronic message center." A sign or portion thereof on which the copy changes automatically or animation is displayed through electrical or electronic means.

41.

"Erect." To construct or allow to be constructed. Includes the word "expand" but it shall not include any activity when performed as incident to the change of advertising message or normal maintenance of a sign or sign structure.

42.

"Expressway." A highway or thoroughfare so classed or established by the Akron Metropolitan Area Transportation Study, or amendments thereto.

43.

"Family." One or more persons occupying a single dwelling unit. A "family" shall include a group of not more than five individuals unless all are related by blood, or marriage, or by adoption.

44.

"Fire Prevention Code."Chapter 93 of this Code of Ordinances and any amendments thereto.

45.

"Flashing sign." A sign that displays intermittent or flashing light, either from internal or external light sources. Does not include electronic message centers that only display messages and images that remain illuminated and unchanged for a minimum of eight seconds at a time.

46.

"Freestanding sign." Any sign that is detached from a building, including ground signs and pole signs.

47.

"Front yard." An open unoccupied space on a lot with a building, the space being the entire area between the front line of the building, extended to the side lines of the lot, and the front line of the lot. The front yard herein defined is established by the location of the structure and street line and not by the location of the established building line and street line.

48.

"Garage repair shop." A use of premises for major repairs, as defined in "major repairs," to motor vehicles.

49.

"Garage sale." All general sales, open to the public, conducted from or on a residential premises in any residential zone, as defined by the Zoning Code, for the purpose of disposing of personal property including, but not limited to, all sales entitled garage, lawn, basement, yard, attic, porch, room, backyard, patio, flea market, tag, estate or rummage sale.

50.

"Gasoline service station." See automobile service station.

51.

"Grocery store." A store where a minimum of fifty percent of the floor area or more than twenty-five thousand square feet of floor area is devoted to food items including, but not limited to, fresh produce, fresh meats, fresh dairy products, and prepackaged foods.

52.

"Ground Bulletin." An outdoor advertising display erected or placed upon the ground and including, among other such structures, those commonly referred to as billboards.

53.

"Ground sign." A freestanding sign other than a pole sign, which is permanently anchored directly to the ground by any means, including, but not limited to, monument-type signs and wall-like structures.

54.

"Health, Safety and Sanitation Code."Chapter 94 of this Code of Ordinances and any amendments thereto.

55.

"Height of a building." The vertical distance measured in the case of flat roofs from the curb level to the level of the highest point of the roof beams adjacent to the street wall, and in the case of pitched roofs from the curb level to the mean height level of the gable. Where no roof beams exist or there are structures wholly or partly above the roof, the height shall be measured from the curb level to the level of the highest point of the building.

56.

"Heliport." A land area or other facility used either publicly or privately for the landing and taking off of vertical takeoff and landing aircraft, including all storage areas, hangars and fueling facilities.

57.

"Helistop." A land area or other facility used either publicly or privately for the landing and taking off of vertical takeoff and landing aircraft, including necessary storage areas, but not including fueling facilities.

58.

"Highway." A road that is a limited access highway, controlled-access highway, or expressway, or part of the interstate system or primary system.

59.

"Highway advertising device." Any outdoor sign, advertising display, device, figure, painting, drawing, message, placard, poster, billboard or any other contrivance designed, intended or used to advertise or to give information in the nature of advertising, or any part thereof, which advertisement is visible from the traveled way of any limited-access highway, controlled-access highway, expressway or highway on the interstate system or primary system in this state.

60.

"Home occupation." An occupation conducted in a dwelling unit, provided that:

(a)

No person other than members of the family residing on the premises is engaged in such occupation;

(b)

The use of the dwelling unit, tools and equipment for the home occupation is clearly incidental and subordinate to its use for residential purposes by its occupants;

(c)

There is no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation, except that a sign of two square feet may identify the home occupation;

(d)

No home occupation is conducted in an accessory building; and

(e)

There are no sales on the premises.

61.

"Hotel" or "motel." A building in which lodging or boarding and lodging are provided and offered to the public for compensation. As such, it is open to the public in contradistinction to a rooming house which is herein separately defined.

62.

"House trailer." Any nonself-propelled vehicle so designed, constructed, reconstructed or added to by means of accessories in such a manner as will permit the use and occupancy thereof for human habitation, when connected to indicated utilities, whether resting on wheels, jacks or other temporary foundation and used or so constructed as to permit its being conveyed upon the public streets or highway. For the purposes of this Zoning Code, "automobile trailer" as used in Chapter 152 of the Code of Ordinances and "manufactured house" as referred to in Ohio Revised Code Section 1923.02 are included in this definition but not including "recreational vehicles" as defined herein.

63.

"House trailer park." Any parcel of land upon which any house trailer used, intended or capable of being used for habitation is parked either free of charge or for revenue purposes, and includes any roadway, building, structure, vehicle or enclosure used or intended for use as a part of the facilities of such park.

64.

"Household unit." See "dwelling unit."

65.

"Housekeeping unit." See "dwelling unit."

66.

"Housing Code."Chapter 150 of this Code of Ordinances and any amendments thereto.

67.

"Identification sign." A sign that identifies a business name, phone number or street address and sets forth no other advertisement or message.

68.

"Interstate system." The system of highways defined in subsection (D), 23 U.S.C.A. 103, 74 Stat. 415 (1960), or amendments thereto.

69.

"Kenmore Urban Overlay Area." An area bounded by the parcels with street frontage along the north and south sides of Kenmore Boulevard, between 12 ^th Street SW and 17 ^th Street SW.

70.

"Kennel." Any pack or group of dogs over the amount of four and over the age of six months kept together for any purpose.

71.

"Kennel owner." A person, partnership, firm, company or corporation engaged in keeping or breeding dogs for sale or pleasure.

72.

"Large rooming house." A dwelling or apartment house containing two or more rooming house units. The number of rooming house units permitted in a "large rooming house" is the same as the number of dwelling units permitted by the Zoning Code.

73.

"Least dimension." The least of the horizontal dimensions of a yard or court at any level. If two opposite sides of a yard or court are not parallel, the horizontal dimension between them shall be deemed to be the mean distance between them.

74.

"Liner building." A building for residential, office or retail use placed between a street and off-street parking in order to activate the streetscape and screen the parking from the street.

75.

"License(d) Dormitory." A dormitory owned or operated by the University of Akron.

76.

"Limited Access Highway." A highway or thoroughfare so classed or established by the Akron Metropolitan Area Transportation Study, or amendments thereto.

77.

"Litter Code."Chapter 92 of this Code of Ordinances and any amendments thereto.

78.

"Lot." A measured parcel of land occupied by one building and the accessory buildings or uses customarily incident to it, including such yards of sufficient size to meet the minimum zoning requirements for use, coverage and area, and to provide such yards, open spaces, and other accessory uses as required herein. A lot may or may not be the land shown as a lot on a plat filed in the office of the County Recorder.

79.

"Lot line." The line bounding a lot as defined in this Zoning Code.

80.

"Maintain." To preserve, keep in repair, continue, allow to exist, or restore if destroyed by an act of God or the public enemy.

81.

"Major repairs." Major repairs to motor vehicles are defined to be, but shall not necessarily be limited to the following:

(a)

Body, fender, clutch, transmission, differential, axle, spring or frame repairs;

(b)

Overhauling of engines or motors requiring the removal of the cylinder head or crank case pan;

(c)

Repairs to radiators requiring the removal thereof;

(d)

Recapping or retreading of tires; and

(e)

Painting other than incidental work generally referred to as retouching.

82.

"Marijuana facility(ies)" includes cultivation facilities, processing facilities, dispensaries, and testing laboratories for medical, dual-use, and adult-use marijuana as provided in Ohio Revised Code Chapters 3780 and 3796.

83.

"Motel." See definition of hotel in this section.

84.

"Motor home." A self-propelled recreational vehicle constructed with permanently installed facilities for the cold storage, cooking and consuming of food, and for sleeping. This definition includes vehicles designed and/or manufactured with facilities for the cold storage, cooking, and consuming of food and for sleeping regardless of whether any of the facilities have been removed.

85.

"Motor vehicle." An automobile, bus, truck, trailer, recreational vehicle, motorized bicycle or similar transportational device.

86.

"National policy." The provisions relating to control of advertising signs, displays and devices adjacent to the interstate and primary highway system contained in the National Highway Beautification Act of 1965, 79 Stat. 1028, 23 U.S.C.A. 131, and the national standards, criteria, rules and regulations promulgated pursuant to such provisions.

87.

"Nonconforming development." A use that is listed in the subdivision of uses for the use district in which it is situated, but which does not comply with all of the required development regulations or building line regulations.

88.

"Nonconforming use." One that is not listed in the subdivision of uses for the use district in which it is situated, but which was legally existing prior to enactment of this Zoning Code or amendments thereto.

89.

"Nude model studio." Any place where a person who appears in a "state of nudity" or displays "specified anatomical areas" is provided solely to be sketched, drawn, painted, sculptured, photographed, or similarly depicted by other persons.

90.

"Nudity or a state of nudity":

(a)

The appearance of a human bare anus, genitals, or areola of the female breast; or

(b)

A state of dress which fails to cover opaquely a human anus, or genitals, or areola of the female breast.

91.

"On-premises sign." A sign which contains a message related to the business or profession conducted or to the commodity, service, or entertainment sold or offered on the premises where such sign is located.

92.

"Open court." An open, unoccupied space, other than a yard, on the same lot with the building, extending to the street line or to a rear yard.

93.

"Open, unoccupied space." Space which is not occupied by a structure. For purposes of this definition, a driveway, an open parking area, and landscaping, including fences, walls, architectural features, or other ornaments shall not constitute a structure.

94.

"Outdoor advertising display." A sign, including the supporting structure, which is erected on the ground, on the wall of a building or above or on the roof of a building, and which is used and erected for the public display of posters, painted displays, electrical displays, pictures, or other pictorial or reading matter, for the benefit of a person, organization, business, or cause not residing or located on the lot or in the building where the sign is erected.

95.

"Personal property." Property which is owned, utilized, and maintained by an individual or members of the individual's residence and acquired in the normal course of living in or maintaining a residence. It does include new or used merchandise which was purchased for resale or obtained on consignment.

96.

"Planning staff." The personnel of the Department of Planning and Urban Development.

97.

"Pole sign." A freestanding sign placed and supported from the ground upon a single or double pole.

98.

"Porch." A platform or deck adjacent to a building entrance. As used in this Zoning Code, a porch may be covered or uncovered and includes the meaning of stoop, veranda, or portico.

99.

"Portable sign." A freestanding mobile sign not permanently anchored, affixed, or secured to either a building or the ground.

100.

"Premises." A tract of land with the buildings and the accessory uses and structures thereon.

101.

"Principal structure." A fully enclosed building in which the principal use of the lot on which the building is located is conducted.

102.

"Primary system." That portion of the state highway system as designated or as may hereafter be designated by the state, which has been approved by the Secretary of Transportation of the United States pursuant to subsection (B), 23 U.S.C.A. 103, 70 Stat. 374 (1956).

103.

"Projecting sign." Any sign attached to and supported by a building and extending outward more than eighteen inches therefrom.

104.

"Public notice." The publication of the time, date, place, and nature of a public hearing by any legally permitted means, including, but not limited to, in one daily newspaper of general circulation in the City or on a website maintained by the City, that will reasonably notify interested parties and the public of the hearing.

105.

"Public utilities." Those utilities using underground or overhead transmission lines such as cable, electric, telephone, and distribution and collection systems such as water, sanitary sewer and storm sewer.

106.

"Public utility structure." A structure erected and maintained by a public utility.

107.

"Quarry," "stone quarry," "sand pit," "gravel pit," "topsoil excavation and processing," and "peat or topsoil removal or processing." Any land use, the purpose of which is the extraction of stone, silica rock, sand, gravel, peat, or topsoil for sale or processing, as an industrial operation or where, soil is to be sold on removal. Such use does not include the process of grading a lot preparatory to construction of a building for which a building permit has been issued.

108.

"Real estate sign." A temporary sign advertising the real estate upon which the sign is located as being for rent, lease, or sale including, but not limited to, any sign identifying the realtor, seller, or lessor.

109.

"Rear yard." An open unoccupied space on a lot with a building the space being the entire area between the rear line of the building extending to both sides of the lot and the rear line of the lot. On a corner lot, the owner may determine which of the lot lines, not a street line, shall be regarded as the rear line.

110.

"Recreational vehicles." A vehicular portable structure designed and constructed to be used as a temporary dwelling for travel, recreational, and vacation uses, including travel trailers, motor homes, and truck campers as defined in this Code.

111.

"Recreational vehicle park." Any parcel of land upon which five or more recreational vehicles used for habitation are parked either free or for revenue purposes, including any roadway, building, structure, vehicle, or enclosure used or intended for use as part of the park facilities and any tract of land which is subdivided for lease or other contract of the individual lots for the express or implied purpose of occupancy by recreational vehicles.

112.

"Recycling processing facility." An indoor recycling facility that receives distinct and recognizable solid waste items such as newspapers, magazines, books, and other paper products, glass, metal cans, and other products, except refuse, that are to be recycled, reprocessed, and treated in order to return such products to a condition where they may again be used in new products. Recycling processing facility does not include any use listed as a conditional use under Section 153.464 of the Zoning Code.

113.

"Refuse." Anything discarded or rejected as useless or worthless; trash; garbage; rubbish.

114.

"Restaurant." Any establishment where food is served to the public for consumption on the premises, except those places and uses as provided in Ohio Revised Code Sections 3732.01(A)(1)(a) through (e) inclusive.

115.

"Roof bulletin." An outdoor advertising display erected above or on the roof of a building and supported by the roof or walls of the building or suspended over the roof on a separate pole.

116.

"Roof sign." A sign which is erected, constructed, or maintained above the roof of a building, or which is suspended over the roof by poles or any other means.

117.

"Roomer." A person occupying living space in the same dwelling unit as the owner or lessor, but is unrelated to the owner or lessor by blood, marriage, or adoption. The word "roomer" shall include "boarder."

118.

"Rooming house." A dwelling containing one rooming house unit.

119.

"Rooming house unit." A dwelling unit in which space is let by the owner or operator to a roomer. The number of roomers permitted per rooming house unit is regulated by the definition of family.

120.

"School." An institution meeting the statutory academic requirements for the compulsory education of the community's children. A "school" does not include a technical school, business school, commercial school, college, university, music school, studio, or similar establishment.

121.

"Setback line." A line established by the subdivision regulations and/or Zoning Code generally parallel with and measured from the lot line, defining the limits of a yard in which no structure may be located except as may be provided in said codes.

122.

"Sexually oriented business." An adult arcade, adult bookstore, adult video store, adult cabaret, adult motion picture theater or adult theater. "Sexually oriented business" does not include a "nude model studio."

123.

"Side yard." An open unoccupied space on a lot with a building, said space being circumscribed by the side wall of the building, the front line of the building extended to the side line of the lot, and the rear line of the building extended to the side line of the lot.

124.

"Sign." Any device, structure, fixture, or placard using graphics, symbols, letters, numbers, and/or written copy for the purpose of identifying, providing direction to, or advertising any business or establishment, product or service and/or containing any other promotional, directory, or advisory message.

125.

"Sign area." The entire area within a circle, globe, or polygon enclosing the extreme limits of writing, representation, emblem, lettering, or any figure of similar character, together with any frame or other material or color forming an integral part of the display or used to differentiate such a sign from the background against which it is placed, excluding the necessary supports or uprights on which such sign is placed except where poles, supports, or uprights are constructed to draw attention to the sign. Where a sign is spherically or cylindrically shaped, the sign area shall be considered to be the largest area that such sign would project on a plane. Where a sign has two or more faces, the area of all faces shall be included in determining the area of the sign, except that where two such faces are placed back to back and are at no point more than thirteen inches from one another, the area of the sign shall be taken as the area of one face if the two faces are of equal area, or as the area of the larger face if the two faces are of unequal area.

126.

"Single-family dwelling." A detached building which contains one dwelling unit, which is occupied or intended to be occupied as the residence of a single family and is separated from other dwelling units by open space. A single-family dwelling shall be permitted to include only one meter each for the measurement of gas, electric and water.

127.

"Skateboard ramp." Any structure designed and principally intended to permit persons on skateboards to move continuously from one side to the other, commonly known as ramps or half-pipes.

128.

"Specified anatomical areas." Human genitals.

129.

"Specified sexual activities." Any of the following:

(a)

The fondling or other erotic touching of human genitals, pubic region, buttocks, anus or female breasts;

(b)

Sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation or sodomy;

(c)

Masturbation, actual or simulated.

130.

"Street." A thoroughfare thirty feet or more in width (public or private).

131.

"Street line." The dividing line between the street and the lot.

132.

"Street wall." The wall of a building, at any level, nearest the street line.

133.

"Structure." Anything placed, constructed or erected on the ground or attached to something having a fixed location on the ground. Structures may include, but are not limited to, buildings, house trailers, semitrailers, earth station antennas, walls, towers, fences, and outdoor advertising devices.

134.

"Superintendent." The Superintendent of Building Inspection of the City.

135.

"Supportive apartment house." Any type of apartment house built to house people with specific needs, including but not limited to, the disabled, homeless, low income, refugees, seniors, and veterans.

136.

"Temporary sign." Any sign not permanently affixed to the ground or any structure, including, but not limited to, any sign, banner, pennant, balloons, or other display constructed of cloth, canvas, light fabric, cardboard, wall board, or other light materials, "A" frame, "T" shaped and inverted "T" shaped signs, or any sign intended to be displayed for a limited period of time. "Temporary sign" does not include a "portable sign."

137.

"Tire sales." The selling of used or new tires. The rendering of services and the adjustments, replacements, repairs, aligning, and balancing of tires on any type of automobile.

138.

"Travel trailer." A nonself-propelled recreational vehicle not exceeding an overall length of thirty-five feet, exclusive of bumper and tongue or coupling, and includes a tent type fold out camping trailer as defined by the Ohio Revised Code.

139.

"Truck camper." A nonself-propelled recreational vehicle, without wheels for road use, and designed to be placed upon and attached to a motor vehicle.

140.

"Two-family dwelling." A detached building which contains two dwelling units each of which is occupied or intended to be occupied as a residence for a single family living independently of each other. The term "two-family dwelling" includes the words duplex and twinplex.

141.

"Urban Overlay Area." An area or areas delineated on the zoning map subject to special development conditions required by Section 153.310(O) and identified as follows: Kenmore Urban Overlay Area; East Market Street Urban Overlay Area.

142.

"Use." The specific 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 in a building or on a premises, or the name of a building, place or thing which name indicates the use.

143.

"Usable open space." That portion of a lot not devoted to a building, a driveway or parking coverage; the least dimension of "usable open space" shall not be less than eight feet.

144.

"Vape shop." Any business whose principal product line for retail sale is alternative nicotine products or vape juice, or both. For the purposes of this section, alternative nicotine products refer to any products or devices that employ an electronic heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means to produce a vapor that delivers nicotine to the person inhaling from the device, including electronic cigarettes, electronic cigars, electronic hookahs, electronic bongs and electronic pipes, whether manufactured, distributed, marketed, or sold as an electronic cigarette, electronic cigar; or electronic pipe, and/or accessories therein, including, but not limited to, tanks, coils, pod cartridges, drip tips, vape battery kits, replacement coils, vape adapters, atomizers, and rebuildable tools. For the purposes of this section, vape juice refers to any liquid that contains compounds containing pharmaceutical grade vegetable glycerin, propylene glycol, nicotine, food grade flavoring, water, and can be used for vaping by means of an alternative nicotine product. For purposes of this code section, principal shall mean that alternative nicotine products, vape juice, or both constitute at least twenty-five percent of the business' aggregate retail sales determined by assessing the annual total monetary value of all products and/or services sold.

145.

"Vehicular sign." Any sign attached to any motor vehicle.

146.

"Vestibule." A passage, hall, or room between the outer door and the habitable interior rooms.

147.

"Visible." Capable of being seen, whether or not legible, without visual aid by a person of normal acuity.

148.

"Wall bulletin." An outdoor advertising display erected against and supported by the wall of a building, with the exposed face thereof in a plane substantially parallel to the vertical planes of the wall.

149.

"Wall sign." A sign, including an awning or canopy sign, which is painted on or attached directly to a fence or on the surface of masonry, concrete, frame, or other approved building walls or structures.

150.

"Window sign." Any sign lettered or painted on or affixed to a window or any sign located within eighteen inches of the interior window surface. Window sign does not include merchandise, but includes any sign attached to such merchandise for promotional purposes.

151.

"Yards." Front, rear, and side yards as defined in this chapter.

152.

"Zoning Code." Ordinance 322-1976, passed April 13, 1976, as amended.

(Ord. 508-2006: Ord. 81-2005; Ord. 371-2004; prior code § 153.005; Ord. 413-1998; Ord. 184-1996; Ord. 479-1994; Ord. 889-1992; Ord. 177-1990; Ord. 739-1987; Ord. 362-1987; Ord. 901-1985; Ord. 445-1985; Ord. 508-1982; Ord. 377-1979; Ord. 952-1978; Ord. 447-1978; Ord. 322-1976)

(Ord. 45-2010; Ord. 221-2011; Ord. 41-2012; Ord. 264-2012; Ord. 76-2015; Ord. 98-2016; Ord. 134-2017; Ord. 156-2018; Ord. 408-2018; Ord. 271-2019; Ord. 281-2021; Ord. 367-2023; Ord. 398-2023; Ord. 274-2024; Ord. 275-2024; Ord. 3-2025)

A.

Upon determining that there has been a violation of any of the provisions of this chapter, the Director or other designee shall give notice of the violation to the person responsible therefor and order compliance; as herein provided. The notice and order shall:

1.

Be put in writing on an appropriate form as the Director or other designee shall determine;

2.

Include a list of violations, refer to the sections and divisions violated, and order remedial action which will effect compliance with the provisions of this chapter;

3.

Specify a reasonable time within which to comply; and

4.

Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the building affected.

B.

Whenever a person violates or fails to comply with any of the provisions of this chapter, the Director or other designee shall have the authority to impose an administrative penalty. The Director or other designee shall consider the following criteria in assessing an administrative penalty:

1.

The extent to which the person has benefited by the violation of this chapter;

2.

The degree of harm to the public health, safety, welfare, and aesthetics as a result of the violation of this chapter;

3.

The recidivism of the person, including previous notices and orders to comply and previous enforcement action;

4.

Good faith efforts of the person to remedy the violation of this chapter; and

5.

The duration of the violation after a notice and order to comply was served pursuant to this section.

C.

The imposition of an administrative penalty shall be accomplished only after a notice and order is provided to the responsible person. Notice of a decision imposing an administrative penalty shall:

1.

Be put in writing on an appropriate form as the Director or other designee shall determine;

2.

State the basis for the administrative penalty, including the section of this chapter that has been violated;

3.

Specify the date and manner by which the penalty must be paid; and

4.

Be served on the responsible person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address. If the certified and regular mail is returned undelivered, a copy shall be posted in a conspicuous place in or on the person's residence, regular place of business, last known address, or the dwelling affected.

(Prior code § 153.006; Ord. 357-1999)

(Ord. 281-2021; Ord. 3-2025)

A.

Administrative Penalties. In addition to any criminal penalties that may be imposed pursuant to subsection D of this section, arty person who violates or fails to comply with any of the provisions of this chapter shall be subject to following administrative penalties in accordance with the criteria stated in Section 153.150(B) of this chapter:

1.

For a first offense, an administrative fine of up to one hundred dollars.

2.

For a second offense, an administrative fine of up to five hundred dollars.

3.

For a third or subsequent offense, an administrative fine of up to one thousand dollars.

B.

If a person fails, neglects or refuses to pay an administrative penalty within the time ordered pursuant to Section 153.150 of this chapter, then the Director or other designee shall so notify the Director of Finance. The Director of Finance shall certify the administrative penalty to the County Auditor. In addition to the administrative penalty, an interest rate equal to the current rate of interest charged by the City on special assessments shall be imposed by the City for the life of the administrative penalty added to the administrative penalty, and collected as provided in this section. The Director of Finance shall then certify the amount of the administrative penalty, including interest, to the County Auditor. The County Auditor shall enter the amount on the tax duplicate of the county as a special assessment against the person's real estate at issue.

C.

Money collected under subsections A and B of this section shall be used exclusively for Zoning Code enforcement purposes.

D.

Criminal Penalties. In addition to any administrative penalties that may be imposed pursuant to subsection A of this section, any person who violates or fails to comply with any of the provisions of this chapter shall be guilty of a misdemeanor of the third degree and shall be fined not more than five hundred dollars, imprisoned not more than sixty days, or both, and shall, in addition to any other penalties within these maximum amounts, be subject to imposition of the following minimum mandatory penalties, which shall not be suspended or held in abeyance:

1.

A person who has not previously been convicted of any violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be fined not less than fifty dollars;

2.

A person who has previously been convicted of one violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be fined not less than two hundred dollars.

3.

A person who has previously been convicted of two violations of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code shall be imprisoned not less than three days, and shall be fined not less than three hundred fifty dollars.

4.

A person who has previously been convicted of three violations of a section of the Fire Prevention Code, Health, Safety and Sanitation Code; Litter Code, Housing Code, Zoning Code or Building Code shall be imprisoned not less than ten days, and shall be fined not less than five hundred dollars.

E.

Application of Prior Convictions. A conviction or convictions obtained prior to the effective date of the ordinance codified in this section shall constitute a conviction or convictions for purposes of enforcement of the minimum mandatory penalties required by this section. Each separate count of which a person has been convicted shall constitute a separate violation of a section of the Fire Prevention Code, Health, Safety and Sanitation Code, Litter Code, Housing Code, Zoning Code or Building Code.

F.

Continuing Violations. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

G.

Strict Liability. The provisions of this chapter are specifically intended to impose strict liability.

(Prior code § 153.999; Ord. 357-1999; Ord. 158-1980; Ord. 322-1976)

(Ord. 281-2021; Ord. 3-2025)